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HomeMy WebLinkAbout03-24-2026- City Commission Agendas & Packet MaterialsA. Call to Order - 5:00 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. Appeal Public Hearing Decision D.1 Decision on Appeal 25769 Regarding Conditional Approval of Sundance Springs Commercial Lot 2 Site Plan Application Number 25238(George) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, March 24, 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 Consider the Motions: 1. Having reviewed and considered Appeal 25769 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs Sundance Springs Subdivision, Commercial Lot 2 Site Plan Application 25238, the record of review, the presentation of staff and the Appellant, public comment, and all information presented, I move to amend the conditional approval of Site Plan Application 25238 to include new condition of approval 4, as follows: Site Plan Application 25238 must update the lighting plan to comply with maximum lighting 1 E. FYI F. Commission Disclosures G. Consent G.1 Accounts Payable Claims Review and Approval (Edwards) G.2 Ratify Grant Application to Montana State Department of Commerce Historic Preservation Program for Story Mansion(Grabinski) G.3 Ratify the Grant Application to the Montana Board of Crime Control (MBCC) for a Victims of Crime Act (VOCA) Grant(Grabinski) G.4 Ratify Grant Application to Montana Disaster and Emergency Services (MT DES) State Resiliency Fund for the Sourdough Creek Municipal Watershed Fuels Reduction Program(Grabinski) G.5 Authorize the City Manager to sign the Notice of Award and contract documents once received for the East Gallatin River Bank 3 Restoration Project, Capital Improvement Plan (CIP) Project No. WW111 to Olympus Technical Services, Inc.(Nielsen ) G.6 Authorize the City Manager to sign the Notice of Award for the North 27th Avenue - Cattail Street to Baxter Lane Improvements project, to Knife River - Belgrade, for the Total Base Bid in the amount of $5,332,520.25, and final contract documents once received.(Murray) G.7 Approve the Final Plat for the Parklands At Village Downtown Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman, Application 25686 (Montana)(Montana) G.8 Authorize the City Manager to Sign a Memorandum of Understanding with the Bozeman Public Library Friends and Foundation for the Children's Room Renovation Project(Henderson) G.9 Approve the 2025 Annual Ethics Report (Giuttari) G.10 Acknowledging the Receipt of a Petition to Change the Name of Graf Street to East Graf Street(Lonsdale) G.11 Authorize the City Manager to Sign a Use License Agreement with RTR Holdings II for South University District Park(Knapper) G.12 Authorize the City Manager to Sign a One Year License Agreement with ADVAN Research Corporation, LLC for Park and Trail District Visitation Trend Analysis(Overton) G.13 Authorize the City Manager to sign a purchase agreement for firefighter equipment as part standard of 0.3 footcandles at the property boundary as required in BMC 38.570.040.G.5. 2. I move to approve the amended Conditional Approval of the Sundance Springs Commercial Lot 2 Site Plan Application 25238. 2 of a FEMA Assistance to Firefighters Grant(Waldo ) G.14 Authorize the City Manager to Sign a Purchase Agreement with Custom Truck and Equipment LLC for One Truck Mounted Forestry Aerial Device(Bearzi) G.15 Authorize the City Manager to Sign a Professional Services Agreement with S. Conley Support for Facilities HVAC Preventative Maintenance Services(Ziegler) G.16 Authorize City Manager to Sign First Amendment to Professional Services Agreement with Summit Utilities LLC for Underground Utility Locating Services(Pericich) G.17 Authorize City Manager to sign the First Amendment with TD & H Engineering for the College Street, 8th to 11th Improvements Project(Murray) G.18 Authorize the City Manager to sign Amendment 4 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC, for Phase I Rehabilitation Improvements to the City's Sourdough Water Storage Tank(Nielsen) G.19 A Resolution Approving Initiation of Amendments to Chapter 38, Unified Development Code for Wireless Facilities, Historic Preservation and Design Guidelines, and Landmark Program(Saunders) G.20 Resolution Adoption of the L Street Annexation, Annexing 17.92 acres, Application 25360(Rogers) G.21 Resolution 2026-14 Approving Certain Infrastructure Improvements, Referred to as the Main and Mendenhall Lighting Project, as an Urban Renewal Project with Respect to the Bozeman Midtown Urban Renewal District, Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues to Reimburse Costs Thereof and Approving a Related Development Agreement in the Midtown Urban Renewal District with Bozeman Exchange Associates, LLC(Fine) H. Consent II H.1 Ordinance, Provisional Adoption, Establishing a Zoning Designation of R-B Residential Mixed Use Low-Medium (formerly R-3, Residential Medium-Density District), in Association with the Annexation of 17.92 Acres, the L Street Annexation, Application 25360(Rogers) I. Mayoral Proclamation I.1 Mayoral Proclamation of April 5th as First Contact Day (Morrison) J. Special Presentation J.1 Operations from the Director - Transportation and Engineering Tell our Story Presentation(Ross) K. Action Items K.1 Resolution to Adopt Fiscal Years (FY) 2027-31 Capital Improvements Plan (Hodnett) 3 L. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission M. FYI / Discussion N. Adjournment I move to approve the resolution adopting the FY27-31 Recommended Capital Improvements Plan. 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. 4 Memorandum REPORT TO:City Commission FROM:Erin George, Director of Community Development Brian Krueger, Development Review Manager Zachary Moon, Associate Planner SUBJECT:Decision on Appeal 25769 Regarding Conditional Approval of Sundance Springs Commercial Lot 2 Site Plan Application Number 25238 MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Consider the Motions: 1. Having reviewed and considered Appeal 25769 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs Sundance Springs Subdivision, Commercial Lot 2 Site Plan Application 25238, the record of review, the presentation of staff and the Appellant, public comment, and all information presented, I move to amend the conditional approval of Site Plan Application 25238 to include new condition of approval 4, as follows: Site Plan Application 25238 must update the lighting plan to comply with maximum lighting standard of 0.3 footcandles at the property boundary as required in BMC 38.570.040.G.5. 2. I move to approve the amended Conditional Approval of the Sundance Springs Commercial Lot 2 Site Plan Application 25238. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:On February 24, 2026, the City Commission met to consider Appeal 25769. The Commission heard presentations from City staff, the Appellant, and Developer and asked questions of each party. The Commission accepted public comment, and then each party was allowed a rebuttal. After closing the hearing on the matter and due to the late hour, the Commission voted to continue its deliberation, motions, and vote on the matter until its regular meeting on March 24, 2026. All materials provided to the Commission for the February 24, 2026 meeting are included here for convenience. No additional information from the parties or public comment will be taken at the March 24, 2026 meeting. Original Commission memorandum: 5 An appeal has been submitted regarding the administrative decision conditionally approving a Site Plan for the Sundance Springs Commercial Lot 2 application number 25238. The appeal alleges the City of Bozeman’s (City) approval of the applications should be overturned because: (1) the City disregarded a Master Plan document that was part of the files of the original, approved planned unit development which limits development on this lot to 1 one-story building of 5,000 square feet or less that may only be used as a Village Store; (2) the City’s approval violates provisions 38.440.030 (Amendments to Final PUD Plan) and 38.440.050 of the Bozeman Municipal Code (BMC); (3) development guidelines prohibit the placement of parking in setbacks; (4) the site plan violates required block frontage regulations found within division 38.510 BMC; (5) the site plan violates sections of the 1992 BMC regulating business activities regarding the placement of a dining patio, parking aisle width, and parking lot screening; (6) the site plan violates sections of the 2025 BMC regulating the allowable size of restaurants, parking lot screening, the number of perimeter trees, and the snow storage area; and (7) the City’s decision was pretextual. The attached staff report addresses all of Appellant's claims. The staff report explains why the Director's decision conditionally approving application 25769 should be upheld. The staff report explains why the Commission should make findings to correct an error in the Director's analysis regarding site lighting. After making findings, staff recommends the Commission amend the Director's decision conditionally approving application 25238 to include a new condition of approval addressing site lighting standards and the amended conditional approval of application 25238 should be approved. UNRESOLVED ISSUES:None. ALTERNATIVES:The Commission may approve or overturn the administrative decision of the Director of Community Development upon finding the final administrative decision was erroneous and making findings in support. FISCAL EFFECTS:None. Attachments: 25769 Appeal Materials Combined.pdf Bozeman Municipal Code Sections Relevant to Review of Sundance Springs APA 25769.pdf CCRs for Sundance Springs Section II Neighborhood Services Property.pdf CORRECTED 051923 ltr to Gallik.pdf Signed Findings of Fact and Order Sundance Springs Appeal 23214.pdf 25769 FINAL Sundance Springs Appeal Commission Staff Report.pdf Report compiled on: February 19, 2026 6 APA A DMINISTRATIVE PROJECT DECISION APPEAL APA APPLICATION PROCEDURE Administrative Project Decision Appeals may be made pursuant to Bozeman Municipal Code section 38.250.030. The filing of the appeal must be received by 5:00pm on the tenth working day following the final decision of the administrative review authority. This application must be submitted with the fee to: Community Development; 20 East Olive St., Bozeman, MT 59715. The Public Counter staff MUST be present to accept application. APA APPLICATION CHECKLIST 1.Create and submit a Planning application using the ProjectDox portal; After completing your Development Review Application, you will receive a Notification Letter (example) via email. Please download this document to upload as a PDF to the “Documents” folder in ProjectDox. **An appellant need not obtain the signature of the property owner (as directed on the Notification Letter)** 2.Document sizing. For instructions on recommended document sizes and types, refer to our Development Center Website; 3.Naming protocol. All files should be numbered and named according to their order listed on your provided Submittal Checklist. File names should start with a 3 digit numeric value (001, 002, etc.) followed by the document name. The numeric value at the beginning of the file name ensures the order in which they are displayed. Refer to our Quick Guide for additional information; 4.Name and address of the appellant; 5.The legal description and street address of the property involved in the appeal; 6.A description of the project, including the project number, that is the subject of the appeal; 7.Evidence that the appellant is an aggrieved person as defined in section 38.700.020; 8.The specific grounds and allegations for the appeal, and evidence necessary to support and justify a decision other than as determined by the administrative review authority. A public notice period is required for any Administrative Project Decision Appeal. 1.Completed and signed Noticing Checklist (N1) and Noticing Instructions and Declaration Form (N2.) **The City will work with the property owner to complete the notice that must be posted on the site; the appellant must complete the required notice by mail** APPLICATION FEE For most current application fee, see Schedule of Community Development fees. Fees are typically adjusted in annually. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street Bozeman, MT 59715 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net/planning APA Checklist Page 1 of 1 Revision Date: November 2021 NOTICING Required Forms Noticing Checklist (N1); Noticing Instructions & Declaration Form (N2) 7 BOZEMANMT Planning Division Submitted Date: 12-18-2025 11:39 AM DEVELOPMENT REVIEW APPLICATION Remember to obtain owner signature on this form prior to uploading with the rest of your submittal PROJECT INFORMATION Project Name:Appeal of Application #25238 Project Type(s):Administrative Project Decision Appeal APA Street Address:675 LITTLE HORSE Legal Description: Sundance Springs Phase 1B Comm Lot 2, S25, T02S, R05E Plat J-257 Description of Project: Mixed Current Zoning:B-1 Neighborhood Business District Existing Use:Undeveloped Proposed Use:Commercial Gross Lot Area:56600 Number of New Buildings:2 Type and Number of Dwellings:0 Building Size (SF):9950 Non-Residential Building Size (SF):9950 Building Height (ft):32 Affordable Housing (Y/N): Departure/Deviation Request (Y/N):No Zoning Verification Expedited (Y/N):No Wetlands Activity (Y/N):Yes Traffic Study or Waiver:N/A - Application is not a Master Site Plan, Site Plan, Subdivision, or Planned Development Zone.Is there a pre-application pertaining to this project?: Project Name and Project Number: PROPERTY OWNER Company Name:406 Coal Blowers Name:Michael Schreiner, III Full Address:PO Box 370, Bozeman, MT 59771 Email:michael@westernmountaininvestments.com Phone:4065805624 8 APPLICANT Company Name:Geoffrey Poole and Tim and Nancy Swanson Name:Geoffrey Poole Full Address:3772 Alder Creek Drive , Bozeman, Montana 59715 Email:gpoole@eco-metrics.com Phone:4069945564 REPRESENTATIVE Company Name:Geoffrey Poole and Tim and Nancy Swanson Name:Geoffrey Poole Full Address:3772 Alder Creek Drive , Bozeman, Montana 59715 Email:gpoole@eco-metrics.com Phone:4069945564 CERTIFICATIONS AND SIGNATURES Applicant signature is captured electronically at time of application submittal. This application PDF must also be signed by the property owner(s) for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only. The applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative's access to the subject site during the course of the review process (Section 38.200.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Certification of Completion and Compliance - I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan - I acknowledge that construction not in compliance with the approved final plan may result in delays of pccupancy or costs to correct noncompliance. Property Owner Signature: Printed Name:Michael Schreiner, III CONTACT US Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 Bozemn, MT 59715 planning@bozeman.net www.bozeman.net/planning 9 PLNAPP-16915 Administration Process Decision Appeal of Approval of Site Plan #25238 Names and addresses of appellants: Tim Swanson 375 Peace Pipe Drive Bozeman MT 59715 Nancy Swanson 375 Peace Pipe Drive Bozeman MT 59715 Geoffrey Poole 3772 Ellis View Loop Bozeman, MT 59715 10 PLNAPP-16915 Administration Process Decision Appeal of Approval of Site Plan #25238 Address and Legal Description of property involved: 1.31-acre lot at the corner of South 3rd Avenue and Little Horse Drive. Sundance Springs Sub Ph 1B, S25, T02 S, R05 E, Comm Lot 2 Plat J-257 Project description subject to appeal: Site Plan #25238 Two buildings with second-floor offices and ground-level grocery/retail/restaurant space and extensive outdoor patio space. 11 PLNAPP-16915 Administration Process Decision Appeal of Approval of Site Plan #25238 Evidence of aggrieved persons Tim and Nancy Swanson are residents of the Sundance Springs subdivision, of which the subject property (Site Plan #25238) is a part. The Development Guidelines and Master Plan of the Sundance Springs PUD govern their residence and the subject property. The live within sight and earshot of the proposed development and purchased their home with the expectation that the city and any development on the subject property would be bound by the terms of the PUD and the Chapter 38 of the BMC, both of which are violated by Site Plan #25238. Geoffrey Poole is a neighbor of the proposed development and lives within 200 ft of the subject property. Chapter 38 of the BMC implicitly recognizes the potential impact the subject property on his residence by requiring him to be noticed for development activities. His deck overlooks the site and he purchased his property understanding the limits imposed by the Sundance Springs PUD on the subject property. He has been in dialog with the developer for more than three years, asking for changes to the site plan to reduce impacts on the peaceful use of his residence as required by the PUD. The City’s and the developer’s failure to comply with the terms of the PUD and and BMC will impact the peaceful enjoyment of his home. The Swansons and Mr. Poole have been involved actively in reviewing and commenting on the application, both individually and through public comments. Those letters and comments set forth the specific impact that this project will have on them, as well as establish their involvement in commenting on the process. As such, they are aggrieved parties under BMC 38.250.030 (A), 38.700.030, and § 76-2-327 (1), MCA. 12 Basis of Appeal Appeal of Approval of Site Plan #25238 December 18, 2025 Appellants: Tim and Nancy Swanson and Geoffrey Poole Contents 1. “Summary provides a conceptual overview; 2. “Primer on the Sundance Springs PUD” provides a brief background on PUDs in general and the Sundance Springs phased PUD in specific; 3. “Appellant’s Position” examines the 1992 Zoning Code, the 1996 Commission order creating the PUD, and the current BMC, revealing how the current Municipal Code enforces of the terms of the PUD’s Master Plan and Development Guidelines; 4. “Analysis of the Approval Letter” shows that the review of #25238 is incomplete because it improperly applied the current Block Frontage Standards, did not apply all requirements of the Development Guidelines, failed to provide a statutory justification for setting aside the PUD’s Master Plan, provided incomplete response to public comment, and was silent on relevant requirements of the current BMC raised during public comment; 5. “Summary of non-compliance” provides a summary table of requirements that are not met by Application #25238; 6. “The Character of the Development” highlights how BMC 38.440.030 precludes approval of #25238 even if the Appellant’s Position is entirely incorrect. 7. “Was the Review Pretextual?” describes the hallmarks of pretextual review in the Approval Letter and asks whether the review of #25238 was proper. 8. “We ask the Commission to Act” contains a summary of the specific bases upon which we ask that the approval of #25238 be overturned. 1 Summary Application #25238 is a proposed Site Plan for commercial development on Commercial Lot #2 of the Sundance Spring subdivision. Development on the site is governed by the current Bozeman Municipal Code (BMC). BMC 38.440.030; BMC 38.440.050 and BMC 38.100.050 each require the City to enforce the terms of the Sundance Spring PUD during review of any Site Plan application on the lot. We are appealing the approval of Application #25238 on the grounds that the review outlined in the Letter of Approval was incomplete and may have been improper. We will show that the 1 13 review was incomplete because the current Bozeman Municipal Code (BMC) requires enforcement of the following requirements, none of which are fully satisfied by the Letter of Approval: •the current Block Frontage Standards; •the terms of the Sundance Springs PUD Development Guidelines; •the conditions shown on the Sundance Springs PUD Master Plan; •requirements for lots with Residential Adjacency We also believe that the review described in the Letter of Approval could be rejected as improper and the approval of #25238 overturned if the Commission were to find that the review was pretex- tual. Pretextual review occurs when an administrative body reaches a predetermined outcome and constructs justifications afterward. 2 Primer on the Sundance Spring PUD Documents NOTE:We use the phrase “Terms of the PUD” to refer generically to the requirements imposed on the subdivision by the PUD, whether as organized within the Approved Preliminary Plan or within the Approved Final Plan. See below. 2.1 Approved Preliminary Plan vs. Approved Final Plan When an application to create a PUD was submitted to and approved by the City, the submitted application became an “Approved Plan.” There were two required applications. The Preliminary Application became the “Approved Preliminary Plan” and the Final Application became the “Ap- proved Final Plan.” Both Approved Plans: •contained a Master Plan and Development Guidelines (Preliminary vs. Final); •included the Commission’s Conditions of Approval; •imposed the same restrictions on development in the subdivision. The differences between the two plans were the review authority and the integration of the Condi- tions of Approval. Plan Document Review Authority Conditions of Approval Approved Preliminary Plan Z-95125 Commission Attached separately Approved Final Plan Z-9812 DRB Integrated Document Z-95125 was the Sundance Springs PUD Preliminary Application. When combined with the Conditions of Approval, it formed the Approved Preliminary Plan. Document Z-9812 was the Sundance Springs PUD Final Application. It integrated the terms of Z-95125 with the Commission’s Conditions of Approval in a single document. When it was approved in 1998, it became the “Approved Final Plan.” 2 14 2.2 Missing Documents and the Status of the Record In a letter dated May 19, 2023 from the City Attorney to Brian Gallik, the City Attorney acknowl- edged that the entirety of document Z-9812 has been lost, and thus, the official record of the Final Master Plan and Development Guidelines is missing. A “working file” for Z-9812 survives. The Approved Final Plan is a legal basis for review of development in the Sundance Springs Subdivision (BMC 38.440.030). Because it is missing, the City has identified substitute documents for Z-9812 to allow review to proceed. The Feb 27, 2024 meeting of the City Commission was the hearing for our prior appeal of Site Plan #22047. Included in the “Commissioner’s packet” for that meeting is a “Commissioner’s Memo” from the Director of Community Development. Page 11: An official, stamped copy of the Master Plan exists in the City’s working file for the Final PUD (file Z-9812) and the development guidelines are incorporated into the property owners’ association Covenants. The Commission accepted this substitution, ruling: “The City had sufficient documents within the surviving record to evaluate site plan application 22047.” Therefore, the terms of the PUD’s Final Master Plan are shown on the Master Plan Map from the working file of Z-9812. The Commercial Covenants are the Final Development Guidelines. Combined, these documents constitute the terms of the “Approved Final Plan.” 3 Appellant’s Position We maintain that, by statute and by order of the City Commission, all terms of the PUD’s De- velopment Guidelines and the conditions shown on the PUD’s Master Plan must be enforced. Our position arises from examining the Municipal Code and the 1996 Commission order to answer four fundamental questions not addressed in the Approval Letter for #25238: 1. What is the statutory purpose of the Master Plan and Development Guidelines in a 1996-era phased PUD? 2. What did the Commission order when it created the Sundance Springs PUD? 3. How does the current Municipal Code enforce the requirements of legacy PUDs? 3.1 Question 1: What is the statutory purpose of the Master Plan and Devel- opment Guidelines in a 1996-era phased PUD? Answer:The statutory purpose of the Master Plan and Development Guidelines was to provide “sufficient detail” to support a finding that the proposed PUD could be approved if the subdivision is developed according to said detail. Evidence:1992 BMC 18.54.080.D “Phased PUD Submittal Requirements” required that applica- tions for phased PUDs have a Master Plan and Development Guidelines. No other element was required. 1992 BMC 18.54.100 “PUD Design Objectives and Criteria” presented a collection of “PUD review criteria.” Each criterion is framed as a Yes or No question. The Sundance Springs PUD was reviewed against 54 criteria. 1992 BMC 18.54.100.C states: 3 15 “A NO response to any of the applicable objectives and criteria will automatically preclude the development proposal from further consideration and eventual approval, unless a variance is granted by the City Commission.” 1992 BMC 18.54.080.C (1992) “Phased PUD Approval Process” stated: In those cases where the Master Plans and Development Guidelines are proposed to govern the development of the future phases of the PUD, the City Commission must determine that the proposed Master Plan and Development Guidelines are pro- vided in sufficient detail to support a finding that the phased PUD will comply with all requirements for PUD approval if developed in accordance with the approved Master Plan and Development Guidelines. [Emphases added.] The first bolded phrase defines the purpose: to provide sufficient detail to enable approval. The second bolded phrase shows that a finding of compliance with the PUD approval criteria must presume that the subdivision will be “developed in accordance with the Master Plan and Development Guidelines.” 3.2 Question 2: What did the Commission order when creating the Sundance Springs PUD? Answer:The Commission ordered compliance with the contents of document Z-95125 and the associated Conditions of Approval. Evidence: The Commission’s Finding of Fact and Order dated January 22, 1996 created the Sun- dance Springs PUD. Pages 8–9 of that document state: ORDER: [T]he Bozeman City Commission found that the proposed Zoning Planned Unit Development for application Z-95125 ...and Preliminary Subdivision ap- plication P-9539 ...could comply with [all approval criteria] if certain conditions are imposed on the project. The evidence that justifies the conditions is that the subdi- vision must comply with the above-referenced documents, and adverse impacts created by the subdivision, which require mitigation, justify the imposition of the condi- tions below. THEREFORE, IT IS HEREBY ORDERED that the subject development be approved, subject to the conditions listed below. [Bold emphasis added.] Z-95125 was the PUD application containing the Preliminary Master Plan and Preliminary Development Guidelines. The Commission made no carve-out allowing any contents of Z-95125 to be declared optional during subsequent development review within the subdivision. 3.3 Question 3: How does the 2025 Municipal Code enforce the Terms of the PUD? Answer:BMC 38.440.030 and BMC 38.440.050 in the current Municipal Code both require com- pliance with all Terms of this pre-existing PUD. Evidence:BMC 38.440.030 states: Issuance of building permits and other development approvals are based on the approved final plan and any conditions of approval.No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of [minor changes]. [Emphasis added.] 4 16 BMC 38.440.050 states: The failure to comply with any of the terms, conditions of approval or limitations con- tained on ...approved documents or other element[s] pertaining to a planned unit de- velopment which has received final approval from the city may subject the applicant or current landowner to the enforcement remedies contained in section 38.200.160. Where the requirements of the PUD conflict with those of the current Municipal Code, the more restrictive requirement applies. BMC 38.100.050.A. 3.4 The Master Plan and Development Guidelines are Binding The Municipal Code and the Commission’s order work together to create a logical, cohesive reg- ulatory framework linking review of the detail contained in the Master Plan and Development Guidelines to approval and enforcement of that detail: •Requirements:the Master Plan and Development Guidelines provide detail describing the proposed terms of the PUD (1992 BMC 18.54.080.C); •Review criteria:detail enables evaluation of approval criteria (1992 BMC 18.54.100); •Approval:successful evaluation enables approval of the PUD (1992 BMC 18.54.080.C); •Compliance:the detail that justified the approval governs development. (Commission’s 1996 order; 2025 BMC 38.440.030; 2025 BMC 38.440.050) Each step depends on the prior steps. By enforcing the details that justified the approval, the PUD ensures that the subdivision manifests both the requirements of the approval criteria and the intent of the City Commission in ordering compliance with Z-95125. 4 The Approval Letter Ignores Key Requirements of the Commis- sion’s 2024 Order The Approval Letter fails to enforce two key provisions of the Development Guidelines that were ordered to be enforced by the City Commission in 1996 and 2024, and which are enforced under current BMC 38.440.030; BMC 38.440.050 and BMC 38.100.050. 4.1 Setback Encroachment by Parking is Prohibited The City Commission has ruled that the Development Guidelines must be enforced. The PUD’s Development Guidelines expressly and explicitly prohibit improvements in the setbacks. Application #25238 shows a parking lot in the setbacks. 8.3.c Buildable Area. Each lot in Sundance Springs shall have a buildable area determined by building or structure setbacks as allowed in the Bozeman Zone Code for Neighborhood Service District. All construction other than landscaping improvements shall be limited to this buildable area. 5 17 4.2 The Proposed Configuration Has Twice Before Been Rejected by the City Application #25238 proposes the same configuration of buildings and parking lots that was flagged as non-compliant during the 2020 Concept Review and rejected by the Commission during our last appeal. 1. The east building fails to address a trail frontage in violation of BMC 38.510.020.F.1; 2. The west building presents its primary facade to the parking lot in violation of BMC 38.510.020.F.1; 3. The parking lots line adjacent trail frontages, degrading the walking environment on the trail system, in violation of 38.510.010.A.2. The Commission has already ruled that this building and parking layout would require departure from the Block Frontage Standards but is ineligible. Their Findings of Fact stated: “The Developer did not demonstrate, as required by 38.250.060.E, that the criteria for approval of the departure from 38.510.020.F.1 related to block frontage standards, were met. The purpose of the standard, to create a comfortable walking environment, was not met. Therefore, the departure allowing the proposed buildings to face a trail proposed to be built on land the Developer does not own may not be approved.” Commissioner Fischer explained his vote: “I disagree with city findings on the block frontage variances or departures. On the block frontage, it appears to me that the buildings are just incompatible with the existing and adjacent residential land use and that the effort to apply these departures is really an effort to make the building work on a lot that doesn’t accommodate such development. I find that the comfortable walking environment that was cited in several spots is contingent on land the developer does not own, and I question the primary beneficiaries of these departures. Are they the neighbors or are they the patrons of the businesses?” Mayor Cunningham explained his vote: “The site will not accommodate the intention of the developer without an exception. It looks to me like this site needs to be manipulated in a way that requires a departure in order to accomplish their vision.” The relevant requirements of the block frontage standards have not changed since our last appeal. The Approval Letter provides no rationale for approving the building configuration found non-compliant during Concept Review and by the Commission. The Approval Letter assesses only the west building against the Block Frontage Standards. The analysis is incomplete. BMC 38.510.020.F.1 requires that the “front and primary facade” face Little Horse Drive. The Approval Letter notes that “an entrance” faces Little Horse Drive. The Approval Letter states several times that this is a “shell building.” As such, the entrance is a side entrance, located on the short axis of the building, and serving only one of the four business spaces. The long axis of the building, with the main entrance—accessing the atrium, stairs, elevator, restrooms, and all four business spaces—faces the parking lot and is therefore in violation of BMC 38.510.020.F.1. The Approval Letter is silent on the fact that the east building must address the trail and makes no analysis of the building against the Block Frontage Standards. The Letter is silent on Development Guideline 8.3.c and does not comply with the Commission’s ruling regarding the Block Frontage Standards. It is silent on the requirements of BMC 38.510. 6 18 5 Analysis of the Approval Letter 5.1 Are the Requirements of the 1992 Code Binding? Appellant’s Position: Yes.The plain text of the Development Guidelines states that the re- quirements of the 1992 Zoning Code are incorporated by reference. “The Covenants detail how the Neighborhood Services Property within the Sundance Springs Subdivision are to be developed and maintained beyond the minimum re- quirements of the Bozeman Zoning Code which exists at the date of the execution of this document.” The 1992 Zoning Code was in effect when document was executed. When there are conflicts be- tween the current BMC and the 1992 Zoning Code, the most restrictive applies, per BMC 38.100.050. Finally, the 2020 Concept Review for the project indicated that the requirements of 1992 Zoning Code applied in addition to the then-current Municipal Code. At the time, the senior planner who conducted the Concept Review had access to the now-missing PUD Approved Final Plan and based the review on that document. Approval Letter’s Position: No.Although the Commission’s 2024 ruling ordered enforcement of the Development Guidelines, it also ordered that the 2025 Municipal Code be the basis for review. Therefore, when the Development Guidelines references the 1992 “Bozeman Zone Code for Neighborhood Services (B-1)” the current B-1 standard must be substituted in its place. Approval Letter’s Fallacy:The Commission’s 2024 findings established the current code as the standard of review (“the rulebook”). It made no order that some requirements in that rulebook could be ignored. The Approval Letter offers a false dichotomy: that the City must enforce either the requirements (rules) of the 1992 Code or the requirements (rules) of the current Municipal Code. This dichotomy is false because the rule book can (and does) impose the “rules” of the 1992 standard and the current standard. Within the mandated rulebook (the current code), BMC 38.440.030; BMC 38.440.050 and BMC 38.100.050 require the City to consider and apply the requirements (the “rules”) of the current code, the PUD, and the 1992 Zoning Code. When any requirements conflict, the most restrictive must be applied. The Approval Letter is silent on the clear language of the Development Guidelines that incorpo- rates the 1992 Zoning requirements by reference. The Approval Letter is silent on BMC 38.440.030; BMC 38.440.050 and BMC 38.100.050. The substitution of the current B-1 standard for the 1992 B-1 standard is unnecessary and is a direct violation of the Development Guidelines. 5.2 Are the Terms of the Master Plan Binding? Appellant’s Position: Yes.See “Appellant’s Position.” Approval Letter’s Position: No.The Master Plan is “idealistic” and “grants no entitlement nor restriction,” offering no statutory rationale for this conclusion. The Approval Letter offers the following response to public comment regarding the Master Plan: 1. “There may be some confusion between application types, as many of the comments reference code sections related to Master Site Plan Applications.” 7 19 2. “During the discussion of appeal 23214 and in its Findings of Fact on appeal 23214, the City Commission did not address appellants’ assertion that only one building of 5,000 square feet or less could be constructed and that the only allowed use was the village store depicted in the Master Plan. No Commissioner cited the Master Plan as rationale for supporting their findings.” Approval Letter’s Fallacy:The Approval Letter relies on dogma—assertions from a place of authority without regard to evidence—to conclude that the Master Plan imposes no constraint on development. The Approval Letter makes no reference to the Municipal Code nor any order of the City Commission in support of the assertion that the Master Plan is “idealistic.” Further, the Montana Supreme Court has ruled that approved planning documents cannot be treated as optional.Heffernan v. Missoula City Council, 2011 MT 91, P77.1 The responses to public comment do not address the issues at hand. By focusing attention on public comment that is less substantive, the Approval Letter avoids engagement with public comment that is more substantive. By focusing on the lack of a ruling in 2024 regarding the Master Plan, the Approval Letter diverts attention from the fact that the Commission did rule on the Master Plan in 1996, mandating compliance with Z-95125 and the PUD’s conditions of approval. Z-95125 contained the Preliminary Master Plan. Condition of Approval #29 mandated that “proposed uses” be added to the Preliminary Master Plan. Every aspect of the PUD went from “proposed” to “approved” when the Final PUD Application was granted Final Approval. Thus, the “proposed uses” mandated by the Commission are now “approved uses.” The Approval Letter does not acknowledge this fact. The Approval Letter is silent on BMC 38.440.030 and BMC 38.440.050 which both require adherence to all terms of a PUD, including the Master Plan. The Approval Letter is also silent on the existence of the “official stamped copy of the Master Plan” contained in the working file of Z-9812 (See Primer on the Sundance Spring PUD Documents). As an element of the Approved Final Plan, the Master Plan is required for review (BMC 38.440.030); its terms cannot become optional during review. The Master Plan shows a single, one-story building, centrally located on Commercial Lot 2 with the designated use as a “Village Store.” 5.3 Does the Property Have Residential Adjacency? Appellant’s Position: Yes.Appellant Poole raised in public comment the issue of residential adjacency: “The lot abuts R-S zoning to the north, east, and southeast, and therefore meets the definition of a ‘lot with residential adjacency’ under BMC 38.700.110.L.” BMC 38.700.110.L defines the term “Lot with Residential Adjacency” as a lot abutting residential zoning. The parcels to the north, east, and southeast are zoned R-S. Approval Letter’s Position: No.The Approval Letter states: “This site is wholly surrounded by open space on all property bounds, except the frontage along Little Horse Drive. The open space surrounding the rest of the property maintains a 1“The City and MAR advocate a standard of compliance that is minimal to the point of being nonexistent. They would have growth policies be treated as merely advisory or inspirational documents that the governing body may, in its ‘full discretion,’ disregard. This approach would undercut the value of growth policies and squander the substantial resources that are expended in developing them. Growth policies would become what the Planning Board member in the present case thought they were: a waste of people’s time.” 8 20 parks and open space use, which is not a residential use. Therefore, there is no residential adjacency to apply to this site.” Approval Letter’s Fallacy:“Residential Adjacency” has a specific definition in the current Mu- nicipal Code, which is based on the adjacent zoning. The Approval Letter substitutes “adjacent use” (open space) for “adjacent zoning” (R-S). The distinction matters: the code ensures that screening requirements cannot be evaded by the happenstance of what use exists today on adjacently zoned land. Application #25238 proposes development on a lot that abuts R-S zoning. Therefore, the lot has Residential Adjacency under the current Municipal Code. 6 Summary of Non-compliance Under the current Municipal Code, all of the following are true: 1) the requirements of the 1992 Zoning are enforced by the Development Guidelines, 2) the conditions shown on the Master Plan are binding, 3) the lot has Residential Adjacency, and 4) the Block Frontage Standards must be enforced. The following table summarizes the numerous violations of these requirements. It is grouped by the source of the violation—Master Plan, Block Frontage Standards, etc.—generally the most egregious violations are at the top of the table. 6.1 Master Plan Violations Requirement Proposed Limit/Issue Violates Number of Buildings Two buildings One building Master Plan Number of Stories Two-story buildings One story Master Plan Leasable Floor Area ∼10,000 sq ft 5,000 sq ft Master Plan Building Location East side of lot Central Location BMC 38.440.030.A Building Design Restrnt, office, gym Village Store Master Plan Outdoor Patio 800+ sq ft patio Not on Master Plan BMC 38.440.030.A 6.2 Block Frontage Violations (2025 Code) Requirement Proposed Limit/Issue Violates Frontages Address Parking Lot Must address trail BMC 38.510.020.F.1 Primary Facade To Parking Lot To Little Horse Dr BMC 38.510.020.F.3 Parking Location Along trail frontages Not along Frontages BMC 38.510.010.A.2 Parking Screen Width 4-foot with berm 10-foot wide screening Table 38.510.030.C 6.3 Development Guidelines Violations Requirement Proposed Limit/Issue Violates Setbacks Parking in setback Not allowed Dev. Guides. Sec. 8.3.c 6.4 1992 Zoning Code Violations Requirement Proposed Limit/Issue Violates Business Activities Dining Patio Inside only 1992 18.29.020.A Parking Aisle Width 24-foot aisle proposed 26-foot aisle required 1992 18.50.120.B Parking Lot Screening None included 8-foot wide screening 18.50.100.D.5.c.(1) 9 21 6.5 Miscellaneous 2025 Code Violations Requirement Proposed Limit/Issue Violates Restaurant Size 30% of gross floor area 20% of gross floor area Table 38.310.040.A Parking Lot Screening None proposed Continuous 4-6’ high BMC 38.550.050.B.2 Perimeter Trees <1 per 50 lineal feet 1 tree per 50 lineal feet BMC 38.550.050 Snow Storage Area Landscaping, lights Resist snow storage BMC 38.540.020.M 7 The Character of the Development Let us presume, for the sake of argument, that none of these violations are violations. Let’s imagine that the City’s position is entirely correct—that the conditions shown on the Master Plan represent a suggestion, that inconvenient aspects of the Development Guidelines (setback enforcement and 1992 Zoning requirements) can be set aside, and that the building and parking configuration that has been deemed non-compliant twice before is now acceptable, and that the site has no Residential Adjacency even tho it abuts R-S Zoning. Under those assumptions, the table of violations would become simply a list of changes to the vision of the PUD and the order of the City Commission. Yet even under those assumptions, the current (2025) BMC 38.440.030 still requires that the approval of Application #25238 be overturned. Unless the PUD is amended, a proposed develop- ment cannot change the “character of the subdivision” described by the PUD. This provision of the code provides a statutory basis for requiring adherence to to the “spirit of the PUD,” as discussed by the Commission during our 2024 appeal. Even if non-binding, the proposed uses on the Master Plan contribute to our understanding of the the character of the development that was reviewed and approved. BMC 38.440.030 is entitled “Amendments to final plan.” That provision states: A) Issuance of building permits and other development approvals are based on the ap- proved final plan and any conditions of approval. No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following: 1. Minor changes to a planned unit development may be approved administratively and in writing, whereupon a permit may be issued. 2. Minor changes are defined as follows: a. Those developments that do not change the character of the development; c. An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; d. A change in building location or placement less than 20 percent of the building width without compromising requirements of the UDO; B) Changes greater than minor changes must be processed as a PDZ subject to 38.430. Note that the wording of this provision applies to “changes” to the PUD. “Changes” need not rise to the level of a code violation in order to be subject to BMC 38.440.030. Application #25238 changes the character of the development relative to the uses shown on the Master Plan. It doubles the number of buildings, changes their use, builds two stories where one was envisioned, lines the trail system with parking lots, builds spaces for restaurants and offices, creates an outdoor dining patio, and proposes to serve alcohol—all on a site where a “Kagy Corner” style convenience store was proposed and approved under the PUD. 10 22 As a matter of simple calculation, Application #25238 offers a 100% increase in leasable floor area and greater than 20% change in the location of buildings. In a very real way, the Approval Letter is approving a “shadow amendment” to the PUD. The approval exercises statutory authority reserved for the Commission (approval of Site Plans requiring PUD amendment) and denies city residents due process (the opportunity to participate in that amendment process). All of this is done while the requirements of BMC 38.440—governing the application and enforcement of legacy PUDs under the current Municipal Code—are not considered, acknowledged, or mentioned in the Approval Letter. BMC 38.440 is cited 14 times in Appellant Poole’s 2025 public comments alone. 8 Was the Review Pretextual? The City Attorney’s Office has acknowledged that the City has a “preference” for application of modern zoning requirements over prior standards. In a May 19, 2023 letter to Brian Gallik, the City Attorney’s office noted: “[T]he City prefers to encourage development of the commercial property pursuant to today’s BMC standards, which are reflective of the community’s needs and values today, not those established over twenty years ago.” Yet that preference cannot take precedence over compliance with the Municipal Code. Based on the description of the review process in the Approval Letter, we are concerned that the stated preference of the City may have yielded a pretextual review rather than an even-handed application of the current Municipal Code. Pretextual review occurs when an administrative body reaches a predetermined outcome and constructs justifications afterward. The stated reasons are not the actual reasons. The hallmarks of pretextual review include: •Contradictory characterizations—the same fact described differently depending on which description supports approval •Unexplained reversals—prior determinations contradicted without acknowledgment •Selective enforcement—provisions that permit are applied; provisions that constrain dis- appear •Missing required analysis—mandated review steps omitted entirely •Selective silence—specific objections met with no response •Definition substitution—code terms replaced with terms that produce the preferred result •Deferral—violations acknowledged but approved as “preliminary,” creating facts on the ground that later compel variance No single indicator is conclusive. But when every ambiguity resolves in service of the same outcome, the review is not neutral. The Approval Letter for #25238 exhibits these hallmarks and each resolves in service of approval (See Appendix). The Master Plan is an authoritative “official stamped copy,” but its contents are not relevant. The Development Guidelines are enforced in detail, except where they constrain the development. 11 23 The conclusions of prior staff reports are reversed without explanation after authoritative documents are lost. The building is a restaurant when a front entrance must face the street, but a shell when that restaurant is over-sized. The same configuration of buildings—deemed non-compliant during the last appeal—is once again approved. Codified definitions are replaced with invented ones. Requirements met by the proposed Site Plan are cataloged in detail; requirements that are not met are not mentioned. Required analyses are not performed when the outcome would preclude approval. The least substantive public comments receive response; the most substantive objections in public comment are met with silence. The question is not whether pretextual review was intended or deliberate. The question is simply whether the pattern of decisions can be explained by anything other than working backward from the acknowledged preference to apply the modern code. 9 We Ask the Commission to Act We ask the Commission to overturn #25238 on one or more of the following grounds: 1. The Master Plan and Development Guidelines were the binding terms of the PUD when it was approved. The evidence for this finding is: a. The Master Plan and Development Guidelines were required elements of the PUD appli- cation (1992 BMC 18.54.080.D) b. The Master Plan and Development Guidelines were presumed to be binding when the Commission approved the PUD application (1992 BMC 18.54.080.C); c. The 1996 order of the Commission stated that the Sundance Springs Subdivision must comply with Z-95125 and the conditions of approval, which contained the preliminary Master Plan and Development Guidelines; d. The Montana Supreme Court has ruled that the requirements of approved planning documents cannot be treated as optional (Heffernan v. Missoula City Council, 2011 MT 91, P77); 2. The 1996 Commission ordered that proposed uses be added to the Master Plan (condition of approval #29); upon final approval of the PUD, the proposed uses became final uses, which are binding; 3. The Development Guidelines incorporate the requirements of the 1992 Zoning Code by ref- erence. Therefore, the requirements of the 1992 Zoning Code are enforced pursuant to BMC 38.440.030, BMC 38.440.050, and BMC 38.100.050.A. 4. The building and parking configuration disapproved by the Commission in 2024 continues to violate the Block Frontage Standards and remains ineligible for departure. 5. The differences between the proposed Site Plan and the conditions described in the Master Plan and Development Guidelines alter the character of the development and require amend- ment of the PUD before they can be approved. 6. The review was pretextual and therefore improper. An even-handed application of the current municipal code reveals that Application #25238 is non-compliant. We ask that the approval be overturned. 12 24 A Appendix: Evidence of Pretextual Review We have cataloged 18 examples of pretextual hallmarks in the Letter of Approval for #25238. Three are inconsistencies between our 2024 appeal and this appeal. 15 are contained within the Approval Letter for #25238. No one example, taken alone, suggests pretextual review. The consistency in the outcome is the evidence. Each resolves in whichever direction favors approval. A.1 Evidence Across Both Appeals A.1.1 On the Development Guidelines: •2024:Commission rules the Guidelines must be enforced. •2025:Approval Letter claims compliance—while ignoring the Guidelines’ prohibition on park- ing in setbacks and the incorporated 1992 Zoning Code. A.1.2 On Block Frontage Standards: •2024:Commission finds the building configuration requires departure, but is ineligible. •2025:Approval Letter approves the identical configuration without departure—and without mentioning the Commission’s finding. A.1.3 On the Master Plan: •2024:The Director’s memo represents to the Commission that the Master Plan Map is an “official, stamped copy.” Commission relies on this to find the record sufficient for review. •2025:Approval Letter characterizes the same document as “idealistic” with “imposes no restriction.” A.2 Evidence in the Approval Letter A.2.1 Hallmark 1: Contradictory Characterizations The Restaurant.The West Building is presented as a “shell” with no entitled uses—yet includes a detailed restaurant floor plan with kitchen, bar, and outdoor dining. The restaurant must exist for block frontage purposes (BMC 38.510.020.F.3 requires the primary facade to face the street, and the restaurant entrance is the only basis for claiming compliance). But the restaurant must not exist for use limitation purposes (BMC Table 38.310.040.A caps restaurants at 20% of floor area; the depicted restaurant exceeds 30%). There is no state in which the building complies with both requirements. A genuine review would recognize that relying on the restaurant layout for one standard requires analyzing it under the other. The Master Plan.In February 2024, the Director’s Memo identified the Master Plan as an “official stamped copy” and “critical component” of the PUD. In 2025, the Approval Letter characterizes the same document as “idealistic” with “no restriction.” A document cannot be authoritative enough to satisfy review requirements but too idealistic to impose limits. The Market Study.The Letter of Approval states Condition of Approval #29 was “satisfied” when the Market Study was submitted—yet the uses that study validated are now described as granting “no restriction.” The Commission required proposed uses before a market study could be 13 25 conducted. The developer added a Village Store. The study validated those uses. The Commission approved the PUD based on that validation. The City now claims the benefit (condition satisfied) while disclaiming the restriction (validated uses are binding). A.2.2 Hallmark 2: Unexplained Reversals on Identical Facts Block Frontage (2020 →2024 →2025).The building configuration has remained consistent across three reviews. In 2020, the Concept Review found that the configuration violated block frontage standards. In 2024, the Commission agreed and found the departure criteria were not met. Deputy Mayor Morrison observed that “the effort to apply these departures is really an effort to make the building work on a lot that doesn’t accommodate such development.” In 2025, the identical configuration was approved without departure and without any explanation as to why prior deter- minations no longer apply. When identical facts produce opposite conclusions without explanation, the decision is not based on standards. The 2020 Concept Review.When the PUD’s authoritative Approved Final Plan was available for review in 2020, the Concept Review identified the applicable standard as “B-1 pursuant to the 1998 Sundance Springs Planned Unit Development Master Plan” and applied 1992-era requirements along with requirements of the then-current BMC. Once the authoritative documents were lost, the 2025 Approval Letter characterizes the Master Plan as “idealistic” and does not acknowledge 1992 standards. The only material change was the loss of documents—and that loss produced a reversal. The 2004 Enforcement Precedent.In 2004, when a residential lot encroached into the PUD’s required setback, the Commission required a formal PUD amendment, describing the encroachment as “illegal.” In 2025, a commercial parking lot encroaches into the same type of setback and is simply approved. Same documents, same type of violation, opposite treatment. A.2.3 Hallmark 3: Selective Enforcement The Commission ruled in Appeal 23214 that the Development Guidelines are “integral to this PUD” and must be “considered and applied.” The Approval Letter claims compliance. But enforcement is selective. Building height, roof pitch, materials, eave depths, and fascia dimensions are analyzed and found compliant—none of these provisions constrain the project. Section 8.3(c), which prohibits construction outside the buildable area, is not mentioned—and parking is approved in the rear setback. The 1992 Zoning Code incorporated by reference in the Guidelines’ introduction is not applied. The line between provisions enforced and provisions ignored tracks perfectly with whether they help or hinder approval. A.2.4 Hallmark 4: Missing Required Analysis BMC 38.440.030 Thresholds.The code specifies thresholds for administrative approval: less than 5% increase in floor area, less than 20% change in building location, no change in character. Application #25238 exceeds these thresholds. The Approval Letter contains no calculation of floor area increase, no measurement of building location deviation, and no assessment of character change. The term “38.440.030” does not appear. If you don’t perform the analysis, you cannot fail it. Block Frontage Departure.The 2022 application sought departure for this layout. The 2024 Commission found departure was required but criteria were not met. The Commission found the east building in violation of a specific requirement of the Block Frontage Standard, but the Approval Letter makes no analysis of the east building against the block frontage standards. A genuine review would explain why departure is no longer required and how the east building meets the violated requirement cited by the Commission in 2024. Instead, the prior finding simply disappears. 14 26 A.2.5 Hallmark 5: Selective Silence Public comments cited BMC 38.100.050.A (most restrictive standard governs), BMC 38.100.050.C (holistic interpretation), BMC 38.440.030 (administrative approval thresholds), BMC 38.440.050 (compliance with PUD terms), and BMC 38.700.110.L (residential adjacency definition). The Ap- proval Letter is silent on each. Specific violations were identified with code citations: parking prohibited in setbacks under the Development Guidelines, landscape buffers required under Table 38.510.030.C, trees required under BMC 38.550.050. No response. Appellant Poole’s comment con- tained 34 citations to the 1992 code and 14 citations to BMC 38.440. The Approval Letter contains zero references to either. Legitimate review engages contrary arguments. A.2.6 Hallmark 6: Definition Substitution Residential Adjacency.BMC 38.700.110.L defines a “lot with residential adjacency” as one abut- ting residential zoning. The site abuts R-S zoning on three sides. The Approval Letter found no residential adjacency because “open space” intervenes—but open space is a use, not a zoning desig- nation. The definition was provided in public comment. The Approval Letter does not address it; it simply applies a different definition that produces the preferred result. This substitution eliminates requirements for parking lot screening, landscape buffers, and trees. Primary Facade.BMC 38.510.020.F.3 requires buildings to present the “primary facade” to the block frontage. The West Building’s primary facade faces the parking lot. The Approval Letter justifies compliance because “an entrance” faces the street. The current BMC requires that the “primary facade” address the street; the Approval Letter applied “an entrance.” Substituting achievable standards for actual standards is not interpretation—it is revision. A.2.7 Hallmark 7: Misrepresentation The Commission’s 2024 Ruling.The Commission ruled that the current code governs review. The Approval Letter treats this as excluding 1992 standards. But the current code—BMC 38.440.030, 38.440.050, and 38.100.050.A—requires enforcement of all PUD terms, including the Development Guidelines that incorporate 1992 requirements. The ruling identified the rulebook; the Approval Letter misrepresents it as excluding specific aspects of the rulebook’s contents. Commissioner Statements.The Approval Letter states that “no Commissioner cited the Master Plan as rationale for supporting their findings” and implies this means the Master Plan need not be enforced. But silence is not a ruling. The Commission did not address the Master Plan; it cannot be inferred that the Commission authorized disregarding it. The Municipal Code and 1996 Commission order exist independently of the 2024 proceeding. A.2.8 Hallmark 8: Deferral The site plan fixes building footprints, parking ratios, and infrastructure. The Approval Letter characterizes the buildings as “shells” with no entitled uses—but the West Building includes a kitchen, dining area, bar, and outdoor patio. The Approval Letter acknowledges: “The restaurant area shown on the site plan does not comply with the maximum allowed size.” Yet the site plan is approved because uses are “preliminary.” This mechanism approves by deferral what cannot be approved directly. The shell is built. The use is deferred. When the owner later seeks occupancy for a space purpose-built as a restaurant, variance becomes the path the "only logical path." This is not analysis—it is circumvention. 15 27 28 Owner Property Address Mailing Address Tax Records Verified Notes Geocode (Y/N) Sept Dec 2024 Sundance Springs Residential Owners Assoc Inc PO Box 933 Bozeman, MT 59771 N (non-valued property)Adjoiner Contiguous 06-0798-25-1-18-01-6500 City of Bozeman Ellis View Loop PO Box 1230 Bozeman, MT 59771 N (non-valued property)Adjoiner Not Contiguous 06-0798-25-1-07-12-6500 Lisa & Henry Miklush 3775 Ellis View Loop 3775 Ellis View Loop, Bozeman MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-08-12-0000 Lisa & Henry Miklush 3775 Ellis View Loop 3775 Ellis View Loop, Bozeman MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-08-10-0000 Geoffrey Poole 3772 Ellis View Loop 3772 Ellis View Loop, Bozeman, MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-07-10-0000 Kara & Erin Gallinger 3760 Ellis View Loop 3760 Ellis View Loop, Bozeman, MT 69715 Y Adjoiner Not Contiguous 06-0798-25-1-07-08-0000 Catherine Zimmer 4405 White Eagle Cir.4405 White Eagle Cir, Bozeman MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-18-51-0000 Ryan Lafoley S 3rd Ave 206 Ridge Trl, Bozeman MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-20-01-0000 Shelley & Gordon Vance 3008 Macnab St, Bozeman MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-01-10-0000 Shelley & Gordon Vance 3008 Macnab St, Bozeman MT 59715 Y Adjoiner Not Contiguous 06-0798-25-1-01-20-0000 Ellis View Estates Sub Homeowners Assoc Ellis View Loop 1627 W Main St #370, Bozeman MT 59715N (non-valued property)Adjoiner Not Contiguous 06-0798-25-1-07-01-6500 SITE NAME: Sundance Springs Phase 1B Comm Lot 2 LEGAL DESCRIPTION: Sundance Springs Sub Ph 1B, S25, T02 S, R05 E, Acres 1.31, Comm Lot 2 Plat J-257 OWNER: 406 Coal Blowers LLC N1 Noticing Procedure 29 A. B. C. 1. 2. D. E. F. G. Sec. 38.250.030. - Administrative project decision appeals. An aggrieved person may appeal the final decision of the administrative review authority in the manner provided in this section. Any appeal of a final administrative decision to approve, approve with conditions or deny an application must be an appeal on the basis of the information available to the administrative review authority including this chapter, all submitted application materials, review and recommendations by administrative staff or advisory bodies, public comment and such other materials as were available. Denial of requests for waiver or alteration of applicable regulations is not a decision subject to appeal of an administrative decision. This section also applies to decisions by the administrative review authority regarding evasion of the Subdivision and Platting Act per section 38.240.360. Failure to raise an issue during the provided public comment opportunity, in person or in writing, or the failure to provide statements or evidence sufficient to afford the administrative review authority an opportunity to respond to an issue, precludes an appeal based on that issue, unless the issue could not have been reasonably known by any party during the time of the public comment opportunity. Appeal procedures. Appeals from administrative review authority to the appellate review authority or the courts are set forth in the various sections of this division 38.250. Appeals are permitted under the provisions of this section in the manner set forth herein. These appeal procedures apply to decisions by an administrative review authority in their actions to administer this chapter. Appeals must be from the administrative review authority to the appellate review authority according to section 38.250.010. Filing of appeal. An appeal must be taken by filing with the department of community development by 5:00 p.m. on the tenth working day following the final decision of the administrative review authority a documented appeal and appeal fee. Upon receipt of the completed appeal the department of community development must inform the administrative review authority from whom the appeal is being made of the submission of the appeal. Appeal contents. In all cases, the complete appeal application must include, and must not be deemed filed until, all of the materials required by section 38.220.140 are submitted. Notice of appeal. Once a complete appeal has been filed and date for consideration of the appeal is set per subsection G below, notice of the appeal must be provided in the same manner as was required for notice of the initial application. The date, time and location for the consideration of the appeal before the appellate review authority must be included in the required notice of the appeal. 2/18/26, 10:32 AM Bozeman, MT Code of Ordinances about:blank 1/230 H. I. 1. a. b. c. d. e. 2. J. K. Scheduling. Upon receipt of a complete appeal application the city clerk must place the appeal on the regularly scheduled appellate review authority agenda. The appeal must be scheduled for consideration not later than 45 working days of the receipt of a complete appeal. Material. The material to be considered by the review authority must be the record of the project review, including the administrative review authority's decision, in addition to materials that may be submitted during the processing and review of the appeal. Procedure of the appeal. At the consideration of the appeal, the following procedure must be followed: Only arguments and evidence relevant to the application may be presented. The presentation must be made in the following order, subject to such limitations, in time and scope as may be imposed at the discretion of the presiding officer: Explanation of the application and nature of the appeal and presentation by administrative staff; Presentation of position by the appellant and/or representative; If requested, presentation by landowner if landowner is different than the appellant; Presentation by any person who is a proponent or an opponent of the application; and Motion, discussion and vote by the review authority. No person making a presentation may be subject to cross-examination except that members of the appellate review authority and the city attorney may inquire of such person for the purpose of eliciting information and for the purpose of clarifying information presented. Alternative actions available to the appellate body. At the conclusion of the consideration of the appeal, the review authority may uphold, amend, or overturn the administrative project decision. Construction hold. During the time of the appeal all construction must cease and may not commence unless notified in writing to do so by the appellate review authority. 2/18/26, 10:32 AM Bozeman, MT Code of Ordinances about:blank 2/231 A. 1. a. (1) (2) (3) (4) (5) Sec. 38.540.010. - General provisions. Parking is one part of the overall multimodal transportation system. Individual choice of travel mode and development characteristics influence the need for parking. The purpose of this division 38.540 in requiring parking spaces is to ensure provision of off-street motor vehicle parking, bicycle parking, and other transportation access facilities in rough proportion to the generalized parking and transportation demands of different land uses which locate at a site. Some sites, such as those that are located in close proximity to transit, have good access to pedestrian facilities or have off-set peak uses may require less on-site parking. The purpose of these standards is to provide functional parking areas adequate to the needs of users, create shaded areas within parking lots, reduce glare and heat build-up, reduce stormwater surges, provide visual relief within paved parking areas, emphasize circulation patterns, avoid the negative impacts associated with spillover parking into adjacent neighborhoods (while at the same time avoiding the negative environmental and urban design impacts that can result from excessive parking lots and other vehicular use areas) and enhance the visual environment. The provisions of this division are also intended to help protect the public health, safety, and general welfare by: helping avoid and mitigate traffic congestion; encouraging multimodal transportation options and enhanced pedestrian safety; providing methods to reduce the amount of impervious surfaces in parking areas and adequate drainage structures in order to reduce the environmental impacts of stormwater runoff; encouraging paving or alternate means of surfacing of parking areas in order to address dust abatement and improve air quality; and providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city. In achieving these purposes this division interacts with the requirements of division 38.550 of this chapter. The design of off-street parking is the responsibility of the developer and must consider traffic circulation, intended landscaping, pedestrian access and circulation, and other purposes of this chapter. Floor area. The term "floor area," for the purpose of calculating the number of off-street parking spaces required, means 85 percent of the gross floor area, as defined in section 38.700.070 of this chapter. However, at the election of the property owner, floor area means the gross floor area, as defined in section 38.700.080 of this chapter, minus the following: Window display areas; Storage areas; Areas used for incidental repair of equipment used or sold on the premises; Areas occupied by toilets and restrooms, kitchens or break rooms; Areas occupied by public utility facilities; 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 1/332 (6) (7) (8) (9) b. 2. 3. 4. 5. Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale of clothing; Areas occupied by stairways and elevators; Corridors connecting rooms or suites of rooms; and Enclosed areas used for parking vehicles. Such election must be made in writing to the community development director, must be signed and acknowledged by the owner, and must be filed with the community development director prior to the issuance of a building permit for such building. The owner is also responsible for certifying other information upon which parking requirements may be based, such as seats, and the number of employees on maximum working shift. Where applicable, the number of spaces required in section 38.540.050 will be the total of the spaces required for the component activities of certain uses, each calculated separately. Change of use or occupancy of buildings. With any change of use or occupancy of any building or buildings an occupancy permit is required. When the change in use or occupancy requires more than a ten percent cumulative increase in parking over that required with the initial building construction, an occupancy permit may not be issued until such additional parking spaces, in the amount required by this chapter, are provided for. Improvement schedule. All parking area improvements to include surfacing, drainage, walkways, lighting, landscaping, irrigation, screening, traffic control, etc., must be installed according to the provisions of division 38.270 of this chapter. Stacking of off-street parking spaces. Required parking spaces must be located so as to preclude stacking of off-street parking spaces, with the exception of single-household dwellings and individual townhouse, rowhouse, and multi-household units, and two unit structures with physically separated individual drive aisles. Physical separation is provided when at least one of these options are employed: individual garage doors for each interior parking space; a vegetated planter not less than four feet in width between the parking spaces in the driveway area, or a wall not less than four feet in height and length, is provided between the parking area in the driveway and divides the garage entrance. Generally, not more than two cars may be stacked. When stacking is allowed, not more than two vehicles may be stacked within an enclosed parking area. No parking permitted in required front or side setbacks. Required parking spaces may not be located in any required front or side setback, except that detached single-household dwellings and townhouses, and two unit structures with physically separated individual drive 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 2/333 6. aisles, may have one space located within a driveway area in the required front setback for each parking space located directly in front of the driveway area and outside of the required front setback. Parking is permitted within required rear setbacks. (Ord. No. 2155, § 32, 5-14-2024) 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 3/334 A. B. 1. 2. a. (1) (2) (3) (4) Sec. 38.550.050. - Mandatory landscape and irrigation provisions. Landscaping required. For all uses in all districts, unless otherwise provided by specific approval, the site must be landscaped as required in this chapter. Landscaped areas and irrigation systems must be perpetually maintained in a healthy and operable condition. Parking lot landscaping. For purposes of defining parking lot landscaping requirements, the term "parking lot" means the area within the perimeter of the paved portion of the parking lot, including drive aisles but not including drive accesses and parking stalls in front of garages where the use of one or more spaces within the garage is assigned to a particular dwelling. The provisions of this subsection do not apply to parking areas, provided within a building or parking structure, as defined in section 38.700.150 of this chapter. All surface parking lots on the building site must be landscaped in accordance with this subsection C.2. Parking lot screening required All parking lots located on a lot with a residential adjacency must be screened from that residential adjacency; All parking lots located between a principal structure and a public street, must be screened from the public street; The screening required under this subsection must be continuous and not less than four feet in width unless a different width is specified in 38.510.030; and Screening must be maintained at a height of four to six feet except as otherwise restricted by fence and hedge height limits within required front setbacks and street vision triangles. Figure 38.550.050.C.2.a Parking lot landscape screening. 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 1/735 b. (1) (2) (3) c. d. e. (1) (2) (3) (4) Large canopy trees, large non-canopy trees or small trees must be provided in, or within 20 feet of, the parking lot at a minimum average density of: One large canopy tree; or One large non-canopy tree and one small tree; or Three small trees for each nine parking spaces required or provided. No parking space shall be located more than 70 feet from the trunk of a tree. No tree shall be planted closer than three feet to the back of the curb or edging equivalent. Figure 38.550.050.C.2.d. Additionally, any parking lot providing 15 or more parking spaces must have a minimum of 20 square feet of landscape area within the parking lot for each off-street parking space in the lot provided as follows: The interior parking lot landscaping must be designed to facilitate, control and denote proper vehicular circulation patterns; Internal parking lot landscaping provided must be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of 100 feet, with landscaped areas provided in an appropriate scale to the size of the parking lot; and The minimum width and/or length of any parking lot landscaped area is eight feet. No landscape area may be less than two feet wide. 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 2/736 (5) (6) C. 1. D. 1. a. 2. 3. 4. 5. All parking lots under this subsection must include at least one large canopy or non-canopy tree. Individual internal parking lot landscaping areas with minimum dimensions of six feet by 16 feet must include large canopy or non-canopy tree(s). Internal parking lot landscaped areas are subject to restrictions on the use of overhead spray irrigation. Screening of off-street loading spaces. All off-street loading spaces are subject to sections 38.520.070 and 38.540.080.B. Street frontage landscaping required. Except in R-S districts, all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or drive aisles must be landscaped, as defined in this chapter, and must include one large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. When this requirement conflicts with other requirements of this chapter or other portion of this Code the review authority may relax this standard to reach an optimal balance in public interests. Acceptable large canopy shade trees for use in public rights-of-way are those accepted by the forestry department. Street trees must meet the arboricultural specifications and standards of chapter 16, article V, division 3. The forestry department, in cooperation with the city tree advisory board, publishes a pamphlet listing acceptable species and proper planting methods. Prior to planting street trees, a permit from the forestry department is required. Where it may be impractical or difficult to plant large canopy trees within the public right-of- way (due to the presence of overhead power lines, for instance) the requirement for one large canopy tree for each 50 feet of street frontage may be substituted with two small ornamental trees per 50 feet of total street frontage. Acceptable small ornamental trees for use in public rights-of-way are those accepted by the forestry department. The minimum quantity of trees and other landscaping required and provided in the public right-of-way as described herein must be designed to complement on-site landscaping and to enhance the proposed development project and the streetscape. Montana Department of Transportation (MDT) review and approval of street frontage landscaping for areas of a project included within or adjacent to rights-of-way subject to MDT jurisdiction must be demonstrated at time of landscape plan submittal to the city. When MDT, in writing, denies street frontage landscaping required by this section the applicant must propose and the director may approve an alternative street frontage landscaping through a departure. 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 3/737 E. F. 1. 2. 3. 4. 5. a. (1) (2) b. (1) (2) c. 6. Landscaping and irrigation must comply with boulevard and street median requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. Street median island landscaping. All street median islands must comply with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. Acceptable landscape materials. Acceptable plant materials are those identified as hardy in Zones 1 through 5a based on the United States Department of Agriculture (USDA) Plant Hardiness Zones. Acceptable plant materials are also outlined in the City of Bozeman Plant List located on the City of Bozeman website, which includes USDA zone hardiness information. Alternatives may be considered upon a case-by- case basis. However, in the case of street frontage landscaping as required in subsection E of this section, acceptable tree species are limited to those approved by the city forestry division. Landscape materials must not exceed water use requirements outlined in the prescriptive and performance-based landscape design approval pathways included in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. Adequate soil depth and quality must be installed as outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. No artificial plant materials may be used to satisfy the requirements of this division 38.550. Plant materials used to satisfy the requirements of this division 38.550 must comply with the following minimum size requirements at the time of installation (depending on the standard measuring technique for the species): Large canopy and non-canopy trees must have either: For deciduous trees a minimum caliper of one and one-half inches to two inches; or For evergreen trees a minimum height of eight feet. Small canopy and non-canopy trees must have either: For deciduous trees a minimum caliper of one inch; or For evergreen trees a minimum height of six feet. All other non-turf plantings must meet American Nursery and Landscape Association standards. For purposes of subsection H.5 of this section, height is measured from the top of the root ball or, if the plant is in a container, from the top soil level in the container. 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 4/738 G. 1. 2. H. 1. a. b. c. 2. Figure 38.550.050. Dimensions of acceptable landscape materials. Protection of landscape areas. Perimeter parking lot treatment as required in section 38.540.020.J must be installed to protect landscape areas adjacent to parking lots. Landscaped areas within parking lots (i.e., landscape islands or peninsulas) must be protected from vehicular traffic through the use of continuous concrete curbs, or other permanent barriers approved by the review authority. Railroad ties, rolled asphalt, pin down wheel stops or similar methods of curbing are not acceptable methods of landscape protection within parking lots. Irrigation standards. Irrigation is required to be provided to all landscaped areas. The review authority may allow areas planted with drought-adapted vegetation that only require irrigation for germination and plant establishment purposes to be irrigated with a temporary irrigation system that meets requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. The use of hose bibs on the exterior of existing or proposed structures may be used for irrigating landscaped areas adjacent to the existing or proposed structure. All other landscaped areas, that do not fall within subsection a. or b. above, must include a permanent irrigation system that meets requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 5/739 K. L. M. 1. 2. 3. 4. N. All irrigation systems and landscaped areas must be designed, constructed, operated and maintained in accordance with requirements outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. Required use of trees with residential adjacency. All landscape plans must include, for each setback with a residential adjacency, at least one canopy or non-canopy tree for each 50 lineal feet of the adjacent area. Coordination with utilities. In order to prevent damage to both vegetation and public utility lines, all trees and other large vegetation may planted no closer than the minimum distance specified in the city design standards and specifications policy. When the City verifies it is not possible to meet minimum separation distance from utilities and no other arrangement can be approved, such tree or large vegetation is not required. Maximum allowable slope or grade. The finish grade of all landscaped areas, including, but not limited to, required setbacks, parking lot landscape islands, open space areas, plaza areas, watercourse corridors, landscaped areas adjacent to sidewalks, public trails or pathways, and any stormwater facilities proposed in required setbacks, dedicated parkland, or open space areas may not exceed a slope of 25 percent grade (four run to one rise). The slope percent is computed by dividing the vertical distance by the horizontal distance multiplied by 100. The degree of slope is equal to the tangent of vertical distance over horizontal distance (refer to figure 38.550.050). The review authority may vary the maximum allowable slope of 25 percent grade to protect existing topographical or natural features (i.e., watercourse, wetlands, mature vegetation) associated with a site. Alternatives to enable exceeding the maximum allowable slope of 25 percent may include terracing, retaining walls, architectural appurtenances, landscape features, or a combination thereof that will achieve a greater design quality and enhanced landscape features. All landscaping installed on slopes that meet or exceed 25 percent grade must include adequate erosion control measures to ensure the slope is stabilized. If hydro-seed, groundcovers, or bunchgrasses are utilized, additional erosion control fabric (i.e., matting or blanket or equivalent thereof) must be provided to ensure a stable slope for a minimum of one calendar year while the vegetation becomes established. Legacy planned unit development open spaces. Legacy planned unit development non-site- specific open space plans must meet or exceed the standards of these landscaping regulations. For each 5,000 square feet of total landscape open space area between 5,000 and 25,000 square feet and for each 10,000 square feet of total landscape areas in excess of 25,000 square feet a 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 6/740 landscape plan must include three of the elements in table 38.550.050-1 from each column A and B unless the review authority grants a relaxation. When the preceding calculation results in a fraction the amount of landscaping required is rounded up to the next whole number. Table 38.550.050-1 Column A Column B 1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs 1 large non-canopy tree 2 small ornamental trees 2 small ornamental trees 2 large evergreen trees 6 evergreen shrubs 6 deciduous shrubs (Ord. No. 2029, § 4, 12-18-2019; Ord. No. 2104, § 22, 9-27-2022; Ord. No. 2155, § 38, 5-14-2024) 2/18/26, 10:36 AM Bozeman, MT Code of Ordinances about:blank 7/741 A. B. C. Sec. 38.570.040. - Site lighting. Parking lot lighting. Table 38.570.040-1 Basic Security Minimum horizontal illuminance in maintained footcandles 0.2 0.5 Minimum vertical illuminance in maintained footcandles 0.1 0.25 Uniformity ratio, maximum: minimum 20:01 15:00 Source: Parking Lot Lighting, Illuminating Engineering Society of North America, 1998. Basic lighting provides for the safety of customers and employees during business hours, and for the security of on-site, outside storage of goods and/or materials. Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site, outside storage of goods and/or materials. Building entrances. Illuminance for building entrances (including commercial, industrial, institutional and municipal) must average 5.0 maintained footcandles. Car dealership lighting. Table 38.570.040-2 Area Maximum Illuminance on Pavement (in Maintained Footcandles) Uniformity Ratio Maximum: minimum Main business districts Adjacent to roadway 10—20 5:01 Other rows 5—10 10:01 1 2 1 2 2/18/26, 10:37 AM Bozeman, MT Code of Ordinances about:blank 1/442 D. Entrances 5—10 5:01 Drive aisles 2—3 10:01 Secondary business districts Adjacent to roadway 5—10 5:01 Other rows 2.5—5 10:01 Entrances 2.5—5 5:01 Drive aisles 1—2 10:01 Source: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998. Service station or gas pump area lighting. Table 38.570.040-3 Area Description Average Illuminance on Described Area (in Maintained Footcandles) Approach with dark surroundings 1.5 Driveway with dark surroundings 1.5 Pump island area with dark surroundings 5 Building façades with dark surroundings 2 Service areas with dark surroundings 2 Landscape highlights with dark surroundings 1 Approach with light surroundings 2 2/18/26, 10:37 AM Bozeman, MT Code of Ordinances about:blank 2/443 E. F. 1. 2. 3. G. 1. 2. Driveway with light surroundings 2 Pump island area with light surroundings 10 Building façades with light surroundings 3 Service areas with light surroundings 3 Landscape highlights with light surroundings 2 Source: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998. Site lighting support structures. The ballasts; pole type, strength and anchor bolts; and pole foundation must be appropriate for the proposed lighting and must be installed per the manufacturer's recommendations. Height must be measured from grade. Except as allowed in sections 38.570.050 and 38.570.070 of this division, light poles for parking lot lighting may not exceed 25 feet. Site lighting installation and maintenance. For new installations, electrical feeds for fixtures mounted on poles must be run underground, not overhead. Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces must be placed a minimum of five feet outside the paved area or on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means. Lighting fixtures and ancillary equipment must be maintained so as always to meet the requirements of this section. Miscellaneous site lighting specifications. Except as otherwise allowed in subsections E and G of this section, all lighting must comply with the following requirements: All outdoor lighting, whether or not required by this section, must be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property. All outdoor lighting fixtures must be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plane is eliminated. 2/18/26, 10:37 AM Bozeman, MT Code of Ordinances about:blank 3/444 3. 4. 5. 6. 7. (1) 8. 9. 10. Except for residential lighting, street lighting, pathway intersection lighting and security lighting, all lighting must be turned off between 11:00 p.m. and 6:00 a.m. Exceptions will be granted to those businesses which operate during these hours; such lighting may remain illuminated only while the establishment is actually open for business. Vegetation screens may not serve as the primary means for controlling glare. Rather, glare control must be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. All outdoor lighting must be designed and located such that the maximum illumination measured in footcandles at the property line may not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. Externally illuminated wall-mounted and pole signs must be lighted by fixtures mounted at the top of the sign and aimed downward; ground-mounted sign lighting may be used only for monument style signs. Fixtures used to illuminate signs must be aimed so as not to project their output beyond the sign. Floodlights, spotlights or any other similar lighting may not be used to illuminate buildings or other site features unless approved as an integral architectural element on the development plan. On-site lighting may be used to accent architectural elements but not to illuminate entire portions of buildings. Where accent lighting is used, the maximum illumination on any vertical surface or angular roof surface may not exceed 5.0 average maintained footcandles. Building façade and accent lighting will not be approved unless the light fixtures are carefully selected, located, aimed and shielded so that light is directed only onto the building façade and spillover light is eliminated. Directional fixtures used to illuminate flagpoles (state, United States and/or foreign nations) may project their output beyond the flagpole. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. Translucent awnings and canopies used for building accents over doors, windows, etc., may not be internally lit (i.e., from underneath or behind). Searchlights, laser source lights or any similar high-intensity light are not permitted, except in emergencies by police and fire personnel or at their direction, for meteorological data gathering purposes, or for special events if a permit is obtained from the review authority. 2/18/26, 10:37 AM Bozeman, MT Code of Ordinances about:blank 4/445 Sec. 38.700.110. - L denitions. Landmark. A site, structure or object designated as a "landmark" pursuant to the procedures prescribed in division 38.340 of this chapter, that is worthy of preservation, restoration or rehabilitation because of its historic land planning or architectural significance and officially recognized through listing in the National Register of Historic Places. A landmark is subject to all neighborhood conservation overlay district procedures and requirements. Landscape architect. A person licensed to practice landscape architecture in the state. Landscaped area. The area of a lot where landscaping has been or is proposed to be installed. It also includes landscape design elements such as rock mulch and wood mulch. It does not include footprints of buildings or structures, sidewalks, driveways, walkways, or other hardscaped areas, such as decks or pervious pavers. Landscaping. An area with vegetative plantings, such as shrubs, perennials, and turfgrass, creeping or rooting groundcovers, seed mixes, or other living plants. Large scale wireless facility. A wireless facility 25 feet or greater in height from the base to the highest point including attachments. Examples of supporting structures are monopoles, self-supporting (lattice) towers, guy-wire supported towers and other similar structures. When calculating the height of a facility, other structures designed for other uses such as buildings or water towers may not be included in the calculation. Some illustrated examples of large scale wireless facilities are shown below. Figure 38.700.110-1. Large scale wireless facility. Large shrub. A shrub which normally reaches a height of five feet or more upon maturity, and usually has five or more canes. 2/18/26, 10:41 AM Bozeman, MT Code of Ordinances about:blank 1/546 (a) (b) (c) (d) Large tree. A tree of a species which normally reaches a height of 25 feet or more upon maturity, and usually has a single stem. Letter of map change. An official response from FEMA upon review of an application to amend or revise the FEMA special flood hazard area or flood insurance study for purposes of flood insurance ratings or flood hazard determinations. FEMA letters of map change include: Letter of map amendment. A letter of determination from FEMA that amends the special flood hazard area where a building or a portion of property is situated upon natural ground that is higher than the base flood elevation and is thus not subject to mandatory flood insurance. Letter of map revision based on fill. A letter of determination from FEMA that revises the special flood hazard area on a property based on the placement of sufficient quantities of fill to elevate the property or portion thereof above the base flood elevation. A building placed on fill must have its lowest floor, including the bottom of a crawlspace, above the base flood elevation to avoid mandatory flood insurance. Letter of map revision—Floodway. A letter of determination from FEMA that revises the special flood hazard where a building or a portion of property is located on natural ground that is higher than the base flood elevation and has been inadvertently located within the regulatory floodway and is thus not subject to mandatory flood insurance. Letter of map revision. An official FEMA revision to the effective flood insurance study and flood insurance rate map incorporating physical changes to the floodplain that alter the base flood elevation and location of special flood hazard areas. Levee. A manmade embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water to provide protection from temporary flooding. Levee system. A flood protection system that consists of a levee, or levees, and associated structures, such as drainage and closure devices, which are constructed and operated in accordance with sound engineering practices. Level I, II, and III Improvements. See section 38.500.020.B for descriptions. Light construction. Any change not construed as an alteration or repair, including paving of established driving and parking areas (subject to the requirements of division 38.540 of this chapter); construction of patios not greater than 120 square feet in size; construction of sidewalks not wider than five feet; and landscaping (but not including major changes in grading or site surface drainage). 2/18/26, 10:41 AM Bozeman, MT Code of Ordinances about:blank 2/547 Light goods repair. Establishments primarily engaged in the provision of repair services to individuals and households as well as businesses, but excluding automotive, boat and similar intensive repair use types. Typical uses include, but are not limited to, the repair of appliances, shoes or clothing, watches or jewelry, instruments, office equipment or electronics. Light source. A single artificial point source of light that emits measurable radiant energy in or near the visible spectrum. Light trespass. Light emitted by a lighting installation that extends beyond the boundaries of the property on which the installation is sited. Figure 38.700.110-2. Light trespass. Limited access. A way or means of allowing physical entrance to land at controlled locations or points. A "no access" strip or line may be placed on a plat as a means of limiting access. Limited access roadway. A street or road especially designed for through traffic, over which abutting landowners have no right to direct access. Live-work unit. A single household dwelling unit designed to accommodate ground level commercial uses. The dwelling unit type may be any type that is permitted in the applicable zoning district. Permitted non-residential uses may be those that are permitted in the applicable zoning district. Local services. All services provided by governmental bodies for the benefit of citizens. These services include, but are not limited to, police, fire, water, recreation, streets, parks, libraries, schools, and wastewater and solid waste collection and disposal. 2/18/26, 10:41 AM Bozeman, MT Code of Ordinances about:blank 3/548 A. B. C. D. Lodginghouse. A building with not more than ten guest rooms where lodging with or without meals is provided for compensation to persons not meeting the definitions of household, community residential facility, cooperative household, fraternity or sorority. Also referred to as a boardinghouse. Lot. A piece, parcel, plot, tract or area of land in common ownership created by subdivision or its legal equivalent for sale, lease or rent. A lot has the characteristics of being able to be occupied or capable of being occupied by one or more principal buildings, and the accessory buildings or uses customarily incidental to them, and including the open spaces required under this chapter, and having its principal lot frontage on a street. When one or more lots are held in common ownership they must be treated as a single lot for the purposes of development review and evaluation of compliance with the standards of this chapter. Lot area. The total horizontal area within the boundary lines of a lot. Lot coverage. The ratio of horizontal area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area. For the purposes of calculating lot coverage, those portions of a structure which do not have exterior walls are not included, even if it is covered by a roof. Lot line, front. In the case of an interior lot or a corner lot, a line separating street frontage of the lot from the street and in the case of a double frontage or through lot, a line separating the lot from the street from which a drive access may be permitted by the city. Lot line, rear. A lot line which is opposite and most distant from the front lot line, in the case of a corner lot the lot line opposite and most distant from the narrowest front lot line, and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the narrowest front lot line. A lot with street frontage on all boundaries does not have a rear lot line. Lot line, side. Any lot boundary line that is not a front lot line or a rear lot line. Lot line, zero. A concept utilized to permit a structure or wall of a building to be located on a property line. Lot measurements. Lot depth. The horizontal distance of a line measured at a right angle to the front lot line and running between the front lot line and rear lot line of a lot. Lot width. The distance as measured in a straight line, between side lot lines at the points of intersection with the required front building line. Lot frontage. All sides of a lot that abuts a street are frontage. On curvilinear streets, the arc between the side lot lines is considered the lot frontage. Lot area. The total horizontal area within the boundary lines of a lot. Lot types. 2/18/26, 10:41 AM Bozeman, MT Code of Ordinances about:blank 4/549 A. B. C. D. A. 1. 2. 3. 4. Corner lot. A lot at a junction of, and fronting on, two or more intersecting streets. Interior lot. A lot other than a corner or through lot. Double frontage or through lot. A lot having frontage on two parallel, or approximately parallel, streets. Reverse frontage lot. A double frontage or through lot that is not accessible from one of the parallel or non-intersecting streets on which it fronts. Lot width. The distance as measured in a straight line, between property boundaries at the points of intersection with the front setback line along the narrowest street frontage. Lot with residential adjacency. Any of the following: A building site in a residential zoning district, if the site abuts or is directly across a street or alley from an R-1, R-2, R-3, R-4, R-5 or R-O zoning district; A building site in a non-residential zoning district, if the site abuts or is directly across a street or alley from an R-S, R-1, R-2, R-3, R-4, R-5 or R-O zoning district; An artificial lot in a residential district, if the lot is less than 200 feet from an R-1, R-2, R-3, R-4, R-5 or R-O zoning district; or An artificial lot in a non-residential zoning district, if the lot is less than 200 feet from an R- S, R-1, R-2, R-3, R-4, R-5 or R-O zoning district. Low-profile sign. A freestanding sign composed of a solid structure between finished grade and the top of the sign. Also referred to as a monument sign. Lowest floor. Any floor of a building including a basement used for living purposes, storage, or recreation. This includes any floor that could be converted to such a use. Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts; also called the lighting fixture. Luminance. The physical and measurable luminous intensity of a surface (e.g., a lamp, luminaire, reflecting material) in a specific area and measurable with an illuminance meter. The quotient of the luminous flux at an element of the surface surrounding the point, and propagated in directions defined by an elementary cone containing the given direction, by the product of the solid angle of the cone and area of the orthogonal projection of the element of the surface on a plane perpendicular to the given direction. The luminous flux may be leaving, passing through and/or arriving at the surface. Lux. A unit of light intensity stated in lumens per square meter. There are approximately 10.7 lux per footcandle. (Ord. No. 2057, § 6, 3-9-2021; Ord. No. 2061, § 3, 4-6-2021; Ord. No. 2155, § 46, 5-14-2024) 2/18/26, 10:41 AM Bozeman, MT Code of Ordinances about:blank 5/550 A. A. 1. 2. a. b. c. d. e. B. DIVISION 38.440. - LEGACY PLANNED UNIT DEVELOPMENTS Sec. 38.440.010. - Intent. This division is created to provide for the continued regulation of legacy planned unit development (PUD) approved or deemed adequate prior to October 27, 2022. Prior to October 27, 2022 a PUD was a use approved within an existing zoning district and did not modify the zoning map. This division cannot be applied to property not already within a legacy PUD. (Ord. No. 2104, § 21, 9-27-2022) Sec. 38.440.020. - Final plan review and approval. The final PUD plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in subsection A.2 of this section, and must be reviewed by DRC and ADR staff and approved by the review authority. Application process. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. Review criteria; compliance with preliminary plan. For approval to be granted, the final plan must comply with the approved preliminary plan. This means that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met and: The final plan does not change the general use or character of the development; The final plan does not increase the amount of improved gross leasable non-residential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; The final plan does not decrease the open space and/or affordable housing provided; The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of section 38.430.100, or other objectives or criteria of this chapter. The final plan must not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. 2/18/26, 10:34 AM Bozeman, MT Code of Ordinances about:blank 1/451 1. A. 1. 2. a. b. c. d. e. f. g. h. i. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any part of a proposed final plan. If a final plat is part of the final plan submittal, the review authority per section 38.200.010 is responsible for approval of the final plat. Final plats associated with a PUD must comply with the requirements of sections 38.240.150 and 38.220.070. (Ord. No. 2104, § 21, 9-27-2022) Sec. 38.440.030. - Amendments to nal plan. Issuance of building permits and other development approvals are based on the approved final plan and any conditions of approval. No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following: Minor changes to a planned unit development may be approved administratively and in writing, whereupon a permit may be issued. Such changes may be authorized without additional public notice at the discretion of the review authority. This provision does not prohibit the review authority from requesting a recommendation from the DRB, DRC, ADR staff or other entity. Minor changes are defined as follows: Those developments that do not change the character of the development; An increase of less than five percent in the approved number of residential dwelling units; An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; A change in building location or placement less than 20 percent of the building width without compromising requirements of the UDO; An increase in the number of lots less than two percent without increasing the density by more than five percent. This is applicable only to zoning PUD plans, not subdivision PUD plats; A final plan which does not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and/or A final plat, if applicable, which does not create any additional lots which were not reviewed as part of the preliminary plan submittal. A ten percent increase or less for landscape irrigation water requirement. 2/18/26, 10:34 AM Bozeman, MT Code of Ordinances about:blank 2/452 B. A. 1. 2. 3. B. 1. 2. Modifications to approved landscaping plans and other documents to meet water conservation standards established in the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. Changes greater than minor changes must be processed as a PDZ subject to 38.430. (Ord. No. 2104, § 21, 9-27-2022; Ord. No. 2155, § 26, 5-14-2024) Sec. 38.440.040. - Duration of planned unit development approval. Duration of preliminary plan approval. The provisions of this subsection A do not apply to subdivision elements of a PUD. Within a maximum of one year following the approval of a preliminary plan, the applicant must file with the community development department a final plan in detailed form covering the entirety, or one or more phases, of the development. Upon application and in accordance with the standards of section 38.230.140.F, the community development director may administratively extend the period for filing a final plan for six-month periods. The granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission. If no final plan is filed covering all or any portion of the preliminary plan within the above time limits, the right to proceed under the preliminary plan will expire for any portion of the preliminary plan for which a final plan has not been timely filed. Duration of final plan approval. The applicant must undertake and complete the development of an approved final plan within two years from the time of final plan approval. For the purposes of this section, a development is substantially complete once all engineering improvements (water, sewer, streets, curbs, gutter, streetlights, fire hydrants and storm drainage) are installed and completed in accordance with city rules and regulations. Extensions for periods of not more than one year may be administratively granted by the community development director in accordance with the standards of section 38.230.140.F. The granting of administrative extensions under this section may, at the discretion of the community development director, be referred to the city commission. A request for extension of final approval under this section must be submitted to the community development director in writing by the applicant at least 30 days prior to the date of expiration. Failure to submit a written request within the specified time period will cause forfeiture of the right to extension of final approval. Failure to construct the development and implement improvement requirements within the specified time limit will cause a forfeiture of the right to proceed under the final plan and require resubmission of all materials and re- approval of the same through the preliminary plan procedures. 2/18/26, 10:34 AM Bozeman, MT Code of Ordinances about:blank 3/453 3. 4. A. B. C. D. E. The timing of all extensions of final plan approval must be coordinated with the approval period established for any subdivision plat approval that is part of the PUD so that any expiration dates are consistent. Final plan approval may occur multiple times under the provisions for phased PUDs described in section 38.430.070. (Ord. No. 2104, § 21, 9-27-2022) Sec. 38.440.050. - Enforcement of approval requirements and conditions. The failure to comply with any of the terms, conditions of approval or limitations contained on the site plan, landscape plan, building elevations, other approved documents, or other element pertaining to a planned unit development which has received final approval from the city may subject the applicant or current landowner to the enforcement remedies contained in section 38.200.160. (Ord. No. 2104, § 21, 9-27-2022) Sec. 38.440.060. - Removal of property from an approved legacy planned unit development. A property owner may request removal of one or more parcels from a legacy PUD. Such a request for removal must be in writing to the director of community development, must clearly identify the PUD by the city's assigned application number under which the PUD was approved, and must clearly state that the landowner is abandoning all associated rights and privileges due to the PUD. The property owner is not relieved from participating in ongoing maintenance of any facilities from which they benefit. The director of community development may establish standards for the content, form, and supporting materials to be included in a request to abandon an approval. The city will review any such application pursuant to division 38.230.150 and may require the applicant to provide assurances that any unfulfilled obligations related to construction or maintenance of infrastructure or amenities, provision of open spaces, preservation of access, or other matters addressed in the PUD, will be satisfied without imposing additional costs or burdens on properties that are to remain included in the PUD or on any organization or entity responsible for providing or maintaining improvements or services to the properties remaining in the PUD. City must determine the abandonment of the PUD does not negatively impact public benefit created by the PUD. Removal from a PUD does not rescind other final approvals such as subdivisions or site plans. (Ord. No. 2104, § 21, 9-27-2022) 2/18/26, 10:34 AM Bozeman, MT Code of Ordinances about:blank 4/454 A. 1. 2. 3. B. 1. 2. C. 1. 2. A. DIVISION 38.510. - BLOCK FRONTAGE STANDARDS Sec. 38.510.010. - Introduction. Purpose. To provide standards to implement the growth policy and applicable adopted subarea plans; To design sites and orient buildings with an emphasis on compatible development and creating a comfortable walking environment; and To provide standards that recognize the need for a system of streets and block frontages. Applicability. The provisions of this division apply to all development within Bozeman, except single to four-household dwellings in any configuration. Also: For clarification on the relationship between the provisions in this division and other documents and codes, see section 38.500.020.A. For the application of building additions, remodels and site improvements, see section 38.500.020.B. How to use this division. Block frontage standards for individual properties depend on the zoning designation adjacent that the properties front onto and Community Design Framework map. Take the following steps in using this division: Determine the zoning of your property, then see section 38.510.020 to find the block frontage type designation for the street or streets fronting your property. For properties in residential zones, the standards for landscaped block frontages (see section 38.510.030.C) apply. For properties in industrial zones, see section 38.510.030.H. For properties that front onto multiple streets, see provisions in section 38.510.02.F; and Go to the appropriate code section in this division for the standards applicable to the block frontage type designation. Table 38.510.030.A includes a summary of the five primary street frontage type designations along with links to the appropriate sections, the intention for each block frontage designation, and key design/use provisions. (Ord. No. 2019, § 3, 6-3-2019) Sec. 38.510.020. - Community design framework maps and standards. About the maps. The maps, together with the block frontage standards in section 38.510.030, guide the look and feel of development in commercial and multi-household areas throughout Bozeman when viewed from the street. The provisions herein recognize that there is a hierarchy of different streets and block frontage types ranging from pedestrian-oriented storefronts to arterial streets/frontages that warrant greater flexibility in the design of frontages. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 1/2755 1. 2. 3. 4. 5. B. C. D. E. F. 1. a. b. c. d. 2. a. The block frontage standards address streetfront elements including: Building location and orientation. Parking lot location. Window transparency. Weather protection. Landscaping. The community design framework maps also identify high visibility street corner sites that warrant special design treatment. Ultimately, these "form-based" provisions will help to reinforce existing and desired development patterns intended to implement the growth policy, including adopted neighborhood plans. All block frontages within residential zones are subject to landscaped block frontage provisions set forth in section 38.510.030.C. All block frontages within industrial zones are subject to the provisions of section 38.510.030.H. The default block frontage for new or undesignated streets (such as those within annexed land) in commercial and mixed-use zones is Mixed (see the mixed block frontage provisions set forth in section 38.510.030.D), The block frontage designations apply to development on both sides of the street except where otherwise specified. Multiple frontage situations where a property and building(s) front onto multiple block frontages or internal frontage designations. Where a property fronts onto more than one block frontage, each building must comply with the standards for the block frontage upon which it is located, with the following clarifications: When a building or buildings is located such that it faces and is adjacent to multiple block frontages, the orientation of the front of the building must be sited and placed on the property in the following order of precedence: Streets (all types, see subsection F.2 below). Trail/Park. Special residential or internal roadway (parking areas/lots, block separation corridors). Departures may be considered provided the location and front orientation of the buildings are compatible with the character of the area and enhance the character of the street. When a building(s) is located such that it faces and is adjacent to multiple street block frontages: 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 2/2756 (1) (2) (3) (4) (5) b. c. 3. 4. 5. a. b. c. The orientation of the front of the building must be sited and placed on the property in the following order of precedence: Gateway (38.510.030.E). Storefront (38.510.030.B). Landscape (38.510.030.C). Other (38.510.030.G). Departures may be considered provided the location and front orientation of the buildings are compatible with the character of the area and enhance the character of the street. For corner sites with landscaped block frontage on one street and storefront or mixed on another, a storefront frontage may wrap around the corner (on the landscaped block frontage side) for up to a half block or no more than 120 feet (whichever is more). Each building(s) must address a frontage. All buildings must be placed and designed to present the front and primary facade to the block frontage or street block frontage that is highest in the order of precedence. All buildings on a corner at the intersection of two streets must be placed adjacent to and present a front and primary façade to both street block frontages. Entrances: A publicly accessible entrance must be provided on the front and primary facade unless not required by the block frontage. For buildings on a corner at the intersection of two streets, publicly accessible entrances on both street frontages are encouraged, but only one entrance is required. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 3/2757 d. e. f. 6. 7. a. b. G. H. A. For buildings that front on internal and external block frontages, publicly accessible entrances on both types of block frontages are encouraged, but only one entrance is required. The publicly accessible entrance must be provided on the storefront block frontage if one is provided. For buildings on a corner at the intersection of two streets with a mix of block frontage designations the publicly accessible entrance must be provided on the block frontage according to the order of precedence in subsection 1 above. For buildings on lots or sites that have multiple street block frontages the publicly accessible entrance must be provided on the block frontage according to the order of precedence in subsection 2 above. Buildings that face two streets and meet the primary frontage parking location standards are not required to meet building to parking location percentage frontage standards for subsequent building frontages. Parking: Surface parking (including ground floor parking in a structure) adjacent to a street corner is not allowed, except: Corner lots with non-designated frontages (other) on both streets; Other combination of block frontages, except those with a storefront designation, via a departure and subject to the applicable departure criteria. Changes to the default block frontage designation for new and existing streets may be made through the Community Design Framework Master Plan per section 38.510.030.L. A reference map of approved community design framework master plans and default block frontages is maintained by the department of community development. The map is a visual representation of the text of this section and is for illustrative purposes only. (Ord. No. 2019, § 4, 6-3-2019) Sec. 38.510.030. - Block frontage standards. Summary chart. Table 38.510.030.A summarizes standards for each of the six designated block frontage types. Specific standards for each of the block frontage types are set forth below: 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 4/2758 B. 1. Table 38.510.030.A. Summary of block frontage standards. Storefront block frontages. Description/intent. Storefront block frontages are the most vibrant and active shopping and dining areas within the city. Blocks designated as storefront blocks include continuous storefronts placed along the sidewalk edge with small scale shops and/or frequent business entries. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 5/2759 2. Figure 38.510.030.B. Storefront vision and key standards. Standards. All development as set forth in UDC 38.510.010.B on sites containing a storefront block frontage designation must comply with the following standards (on applicable block frontages): Table 38.510.030.B Storefront block frontage standards Element Standards( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Ground oor Land use Non-residential uses specied in 38.310.040, except for lobbies associated with residential or hotel/motel uses on upper oors. Floor to oor height of ground oor 15' minimum (applies to new buildings only). 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 6/2760 Non-residential space depth 20' minimum (applies to new buildings only). Building placement Required at front property line/back edge of sidewalk. Additional setbacks are allowed for widened sidewalk or pedestrian-oriented space (38.520.060.D). Building entrances Must face the street. For corner buildings, entrances may face the street corner. Façade transparency At least 60% of ground oor between 30" and 10' above the sidewalk for primary facades and 40% of ground oor between 30" and 10' above the sidewalk for secondary facades. Display windows may count for up to 50% of the transparency requirement provided they are at least 30" in depth to allow for changeable displays. Tack-on display cases do not qualify as transparent window areas. Window area that is glazed over or covered in any manner that obscures visibility into the storefront space shall not count as transparent window area. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 7/2761 3. Weather protection Weather protection with 8- 15' vertical clearance at least 5' in average depth along at least 60% of façade. Retractable awnings may be used to meet these requirements. Parking location Also see division 38.540 of this division for related parking requirements New surface and structured parking areas (ground oor) must be placed to the side or rear of structures and are limited to 60' of street frontage. Provide a 6' minimum buer of landscaping between the street and o street parking areas meeting the performance standards of division 38.550. Sidewalk width 12 feet minimum between curb edge and storefront (area includes clear/buer zone with street trees). Setbacks and utility easements must also be considered and may result in a larger minimum sidewalk width. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 8/2762 a. b. c. d. e. C. 1. Departure criteria. Departures to the above standards that feature the symbol will be considered by the review authority (per section 38.250.060) provided the alternative proposal meets the intent of the standards, plus the following criteria: Retail space depth. Reduced depths will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted retail uses; Façade transparency. The proposed alternative design treatment of façade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the façade between 30 inches and ten feet above the sidewalk may be approved with a departure; Weather protection. Other proposed alternative design treatments must provide equivalent weather protection benefits; and Parking location. There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated storefront streets. Sidewalk width. Alternative designs may be considered where topographical challenges exist. Alternative designs must be able to accommodate safe and comfortable pedestrian traffic anticipated for full block development. Landscaped block frontages. Description/intent. The landscaped block frontage designation emphasizes landscaped frontages and clear pedestrian connections between buildings and the sidewalk. This designation applies to all new and existing streets in applicable residential districts, plus includes residential based streets and other streets in commercial/ mixed-use zoned areas where special landscaped frontages are desired. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 9/2763 2. Figure 38.510.030.C. Landscaped block frontage vision and key standards. Standards. All development as set forth in section 38.510.010.B on sites containing a landscaped block frontage designation must comply with the following standards (on applicable block frontages): Table 38.510.030.C Landscaped block frontage standards. Element Standards( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Ground oor: Land use See Tables 38.310.030-.040 for permitted use details. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 10/2764 Building placement 10' minimum front setback.See section 38.510.030.J for special design provisions associated with ground level residential uses adjacent to a sidewalk. Building entrances Building entrances must be visible and directly accessible from the street. For uses that front on multiple mixed designated block frontages, an entry along both streets is encouraged, but not required. Façade transparency For buildings designed with ground level non-residential uses, at least 25% of the ground oor between 4'-8' above the sidewalk. For residential uses, at least 15% of the entire façade (all vertical surfaces generally facing the street). Windows must be provided on all habitable oors of the façade. Window area that is glazed over or covered in any manner that obscures visibility into the storefront space shall not count as transparent window area Weather protection Provide weather protection at least 3' deep over primary business and residential entries. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 11/2765 Parking location Also see division 38.540 of this division for related parking requirements Parking must be placed to the side, rear, below or above uses. For single and multi- building developments, surface and structured parking areas (ground oor) are limited to no more than 50% of the street frontage. Private or shared garage entries must occupy no more than 50% of façade width.Provide a 10' minimum buer of landscaping between the street and o street parking areas meeting the performance standards of division 38.550 of this chapter. New parking structures must featurelandscaped setbacks at least 10' in width. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 12/2766 Landscaping Also see division 38.550 of this division for related landscaping standards The area between the street and building must be landscaped, private porch or patio space, and/or pedestrian-oriented space. For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street. Also provide plant materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 13/2767 3. a. b. c. D. 1. Sidewalk width 6' minimum sidewalks are required adjacent to arterial streets and public parks and 5' minimum width in other areas, except the review authority may require wider sidewalks in special areas where called for in adopted plans or where signicant pedestrian trac is anticipated. Departure criteria. Departures to the above standards that feature the symbol will be considered by the review authority (per section 38.250.060) provided the alternative proposal meets the intent of the standards, plus the following criteria: Building entrances. Block frontages with steep slopes and/or those facing busy arterial streets and very limited pedestrian traffic may warrant some flexibility to this standard (particularly in residential districts); Façade transparency. The proposed alternative design treatment of façade area between ground level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall areas. No less than 40 percent of the façade between 30 inches and ten feet above the sidewalk may be approved with a departure; Parking location. There must be an acceptable tradeoff in terms of the amount and quality of storefront area that is integrated with the development and the applicable parking location departure. Plus, the alternative must include design features to successfully mitigate the visual impact of additional parking areas along designated landscaped streets. Mixed block frontages. Description/intent. The mixed block frontage designation serves areas that accommodate a mixture of ground floor uses and allows a diversity of development frontages provided they contribute to the visual character of the street and enhance the pedestrian environment. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 14/2768 2. Figure 38.510.030.D. Mixed block frontage options and standards. Standards. All development as set forth in section 38.510.010.B on sites containing a mixed block frontage have the option to comply with either the storefront or landscaped block frontage provisions as set forth above, with the following modifications (on applicable block frontages): Table 38.510.030.D Mixed block frontage standards. Element Standards( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Building placement Buildings may be placed up to the sidewalk edge provided they meet storefront standards set forth above.10' minimum front setback for other buildings, except where greater setbacks are specied in the district per division 38.320. See section 38.510.030.J for special design provisions associated with ground level residential uses adjacent to a sidewalk. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 15/2769 3. a. Façade transparency Generally, the amount of transparency of façades depends on the use and setback from the street. Any storefront buildings on these block frontages must meet the storefront block frontage transparency standards above. Other buildings designed with non- residential uses on the ground oor within 10' of sidewalk, at least 40% of the ground oor between 4'-8' above the ground level surface. Other buildings designed with non- residential uses on the ground oor within 20' of the sidewalk, at least 25% of the ground oor between 4'-8' above the ground level surface. Residential buildings, at least 15% of the entire façade (all vertical surfaces generally facing the street). Windows must be provided on all habitable oors of the façade. Window area that is glazed over or covered in any manner that obscures visibility into the storefront space shall not count as transparent window area. Departure criteria. Departures to the above standards that feature the symbol will be considered by the review authority (per section 38.250.060) provided the alternative proposal meets the intent of the standards, plus the following criteria: Minimum setback. For residential uses, provide design treatments that create an effective transition between the public and private realm. This could include a stoop design or other similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 16/2770 E. 1. 2. Figure 38.510.030.D.4. Stoop examples. Gateway block frontages. Description/intent. The gateway block frontage designation serves strategic areas fronted by highways or other high visibility arterials that feature heavy vehicular traffic, but there is a desire to provide attractive landscaped frontages, limit the extent of visible surface parking, and accommodate the needs of pedestrians. Figure 38.510.030.E. Gateway block frontage vision. Standards. All development as set forth in section 38.510.010.B on sites containing the gateway block frontage designation must comply with the landscaped block frontage provisions as set forth above, with the following modifications: Table 38.510.030.E Gateway frontage standards 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 17/2771 3. F. 1. 2. Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Examples & Notes Building placement The minimum setback for buildings is 25'. Building entrances At least one (publicly accessible for commercial buildings) building entrances must be visible and directly accessible from the street. Parking location Surface and structured parking must be placed to the side, rear, below or above uses. For multi-building developments, surface and structured parking areas (ground oor) are limited to no more than 60% of the street frontage. Departure criteria. See subsection C.3 of this section for criteria. Internal roadway storefront block frontages. Description/intent. The internal roadway storefront block frontage designation is intended to apply to some existing commercial storefront areas that are located on internal roadways. This designation intends to reinforce and enhance the storefront environment if and when changes occur over time. Standards. Development as set forth in section 38.510.010.B on sites containing the internal roadway storefront block frontage designation must comply with the storefront block frontage standards as set forth above, with the following modifications: 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 18/2772 3. G. 1. 2. Table 38.510.030.F Internal roadway storefront block frontage standards Element Standards ( refers to departure opportunities, see subsection 38.510.030 below) Façade transparency At least 50% of ground oor between 30" and 10' above the sidewalk. Landscaping A planting strip with a tree must be integrated along the sidewalk every 50' of lineal frontage on average and must meet requirements outlined in section 38.550.060. Sidewalk width 12' minimum walking surface (landscape planter areas may not be counted in the sidewalk width calculations). Departure criteria. See subsection B.4 of this section for criteria. Other block frontages. Description/intent. All other block frontages in districts that are not designated in Community Design Framework Maps are provided greater flexibility with regard to the design of development frontages. These block frontages include a combination of side streets (where most uses often front on other adjacent streets) and service oriented streets (often characterized by industrial or service types of uses). While there is greater flexibility in the amount of transparency of façades and the location of surface and structured parking, design parameters are included to ensure that development frontages along these streets provide visual interest at all observable scales and meet the design objectives of the city. Standards. All development as set forth in section 38.510.010.B with applicable block frontage designations must comply with standards below: Table 38.510.030.G Other block frontage standards Element Standard ( refers to departure opportunities, see subsection 38.510.030 below) 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 19/2773 Ground oor land use Land use See Tables 38.310.030-.040 for permitted use details. Building placement 10' minimum front setback for buildings.  See section 38.510.030.J for special design provisions associated with ground level residential uses adjacent to a sidewalk. Building entrances Building entrances facing the street are encouraged. At least one building entry visible and directly accessible from the street is required. Where buildings are set back from the street, pedestrian connections are required from the sidewalk. Façade transparency For storefronts, at least 60% of ground oor between 30" and 10' above the sidewalk is required. Other buildings designed with non-residential uses on the ground oor within 10' of sidewalk, at least 30% of the ground oor between 4'-8' above the sidewalk. Other buildings, at least 10% of the entire façade (all vertical surfaces generally facing the street). Window area that is glazed over or covered in any manner that obscures visibility into the storefront space must not count as transparent window area. Weather protection At least 3' deep over primary business and residential entries. Parking location Also see division 38.540 of this division for related parking requirements There are no parking lot location restrictions, except that a 10' buer of landscaping between the street and o street parking areas meeting the performance standards of division 38.550 of this division is required. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 20/2774 3. a. b. H. 1. a. I. Landscaping Also see division 38.550 of this division for related landscaping standards The area between the street and building must be landscaped and/or private porch or patio space. For setbacks adjacent to buildings with windows, provide low level landscaping that maintains views between the building and the street. Also provide plant materials that screen any blank walls and add visual interest at both the pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. Sidewalk width Where storefront buildings are proposed, sidewalks must meet storefront block frontage standards above. Otherwise, 6' minimum sidewalks are required adjacent to arterial streets and public parks and 5' minimum width in other areas, except the review authority may require wider sidewalks in special areas where called for in adopted plans or where signicant pedestrian trac is anticipated. Departure criteria. Departures to the above standards that feature the symbol will be considered by the review authority (per section 38.250.060) provided the alternative proposal meets the intent of the standards, plus the following criteria: Minimum setback. Provide design treatments that create an effective transition between the public and private realm. This could include a stoop design to other similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk. Façade transparency. The design treatment of a façade and/or landscape element provides visual interest to the pedestrian and mitigates impacts of any blank wall area. Block frontages in the industrial zones are subject to the standards for "Other" streets as set forth in subsection G above except: Planting areas between the sidewalk and the building, outdoor storage, or parking areas must be at least ten feet in depth and are required to meet the landscaping standards of division 38.550. Departure: Reductions in the landscaping frontage may be considered for low volume and low visibility streets entirely within the industrial zone. Land uses with a higher density of employees warrant standard landscaping and pedestrian access provisions. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 21/2775 J. 1. 2. a. b. 3. Trail/park frontages. Where a property fronts onto a park or a public trail, such frontages must comply with the mixed block frontage standards set forth in subsection D of this section. For non-residential developments/uses where the review authority determines that an orientation to the trail would not be appropriate based on the context of the site, the development must be subject to the standards for "other block frontages" set forth in subsection G above, with a minimum building setback of 20 feet from the applicable park/trail right-of-way, easement, or property line. Figure 38.510.030.I. Park/trail frontage examples. Special residential block frontage standards along sidewalks and internal pathways. For residences with ground floor living spaces facing a sidewalk or pedestrian path in a residential or mixed use development, the building must feature at least one of the public/private space transition elements described below. The objective of this standard is to ensure privacy and security for residents, and an attractive and safe pathway that complements the qualities of adjoining residences within a residential complex. Raised deck or porch option. Provide at least a 60 square foot porch or deck raised at least one foot above grade. The porch or deck must be at least six feet deep, measured perpendicular to the building face. (The deck may be recessed into the unit floor plan so that deck does not extend from the building face a full six feet.) A low fence, rail or hedge, two feet to four feet high, may be integrated between the sidewalk or internal pathway and deck or porch. Front setback options. Provide a minimum ten-foot setback between the sidewalk or internal pathway and the face of the residence. Design options for the front setback: Landscaped area, meeting the provisions of division 38.550. Semi-private patio space screened by a low fence or hedge (see section 38.350.060). 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 22/2776 K. L. 1. a. Raised ground floor. If the residence's ground floor is a minimum of three feet above the grade adjacent to the building, then the landscaped area in option 2 above may be reduced to four feet wide (except where greater setbacks are specified for the applicable zoning district in division 38.320). Other transition design measures that adequately protect the privacy and comfort of the residential unit and the attractiveness and usefulness of the pathway at least as effectively as options 1 through 3 above. See figure 38.510.030.J below for examples of the above treatments. Figure 38.510.030.J. Acceptable public/private transitional space design between sidewalk or pathways and ground level residential units. Reserved. Community Design Framework Master Plan. Recently annexed or rezoned commercial or mixed- use properties, as well as strategic large undeveloped sites, necessitate a different approach to applying block frontage standards. The provisions below identify the intent, applicable sites, block frontage designation options, and special standards for developing community design framework master plans. Intent. To provide a thoughtful and fair process to plan for the development of large and new commercial and mixed-use sites consistent with Bozeman's growth policy. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 23/2777 b. c. 2. a. b. 3. a. (1) (2) (3) (4) (5) b. c. 4. To promote an arrangement of streets, buildings, open space, parking and service areas that create a strong sense of community and enhance the character of Bozeman. To avoid uncoordinated patterns of development that waste valuable land, compromise vehicular and pedestrian access, and degrade the character of Bozeman. Applicable sites. Recently annexed sites zoned as one of the commercial or mixed-use zoning districts. Sites recently rezoned as one of the commercial or mixed-use zoning districts that are not addressed in the community design framework maps. Block frontage designation options. Prior to development of applicable sites, a community design framework master plan must be developed, approved and recorded for the property per the procedures set forth in section 38.230.130. The master plans must include: New streets and internal roadways along with block frontage designations (types included in this section). Any designated high visibility street corners. Any planned open spaces, trails, and shared use paths. Any special phasing conditions. Other special design conditions unique to the site and plan that must be implemented with future site plan development. Community design framework master plans may utilize any existing block frontage designations that border the site, or include an alternative block frontage designation type or types, subject to master plan approval. Alternatively, site plan development may occur on applicable sites without an approved and recorded community design framework master plan, provided all block frontages comply with the standards for mixed block frontages as set forth in subsection D of this section. Master plan design standards. Community design framework master plans must meet the intent as set forth above plus the following parameters for specific sites: Table 38.510.030.L Community design framework master plan design standards The provisions below are intended to guide the design of individual community design framework master plans. They are referred to as standards, since all proposed plans must successfully demonstrate how they comply with the provisions herein. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 24/2778 5. M. 1. All Sites • Congure site to create a pedestrian-oriented focal point. Such a focal point could be a main street (storefront), a central square surrounded by storefronts or other similar elements. • Larger sites have greater expectations in the amount of storefront designated frontages. • Goals, policies and concepts from adopted plans must be used to help determine compliance with these standards. Figure 38.510.030.L. Development examples. Community design framework master plans are subject to the application requirements and procedures set forth in section 38.230.130. Structured parking facility development standards. All above ground structured parking facilities must conform to the design standards herein and the designated block frontage in section 38.510.030. In the event of a conflict between block frontage standards and the standards of this section, the standards of this section will govern. Exceptions: [7] 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 25/2779 a. b. 2. a. (1) (2) b. c. d. e. f. (1) (2) Single-household dwellings and individual townhouse and multi-household units with physically separated individual drive aisles. Physical separation is provided when at least one of these options are provided: Individual garage doors for each interior parking space; a vegetated planter not less than four feet in width between the parking spaces in the driveway area; or a wall not less than four feet in height and length, is provided between the parking area in the driveway and dividing the garage entrance; and For development in the R-5 and B-2M districts, the applicable structured parking provisions in division 38.500 (Block Frontage Standards) take precedence over any conflicting provisions of division 38.340 or related standards in this section. Building standards. Intent: To promote an active and diverse streetscape, parking structures should be located behind buildings in the interior of blocks or below grade. Parking garages that front streets must line the parking garage at the street level with an active use. Street designs accommodate on street parking and pedestrian mobility. Parking lots and garages rarely front the streets, and are typically relegated to the rear of the lot and the center of blocks. Parking garages should be located in the interior of blocks. Parking garages that front onto streets must provide a lining of retail, office, or residential use at the street level along the entire street frontage. In all districts, all commercial floor space wrapping must provide a minimum 20 foot depth of habitable and conditioned space as defined by the most currently adopted IBC. In all districts, commercial space depth will be considered where the applicant can successfully demonstrate the proposed alternative design and configuration of the space is viable for a variety of permitted commercial uses. In all districts, residential active use areas must be 12 feet in depth, except for riser room, trash areas and other functional uses that must face the street. In all districts, all commercial floor space wrapping a parking structure on the ground floor must have a minimum floor-to-floor height of 15 feet. Structured parking facilities must provide transparency along at least 50 percent of the linear length of the building's façade. This may be achieved with windows, displays, building lobbies, building entrances, display windows, or windows affording views into the building. This requirement applies to both frontages of a building located on a corner lot. The bottom edge of any window or product display window used to satisfy the transparency standard of this subsection B.3 may not be more than four feet above the adjacent sidewalk. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 26/2780 g. h. i. j. k. l. m. Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lighted. Street-level openings on parking structures must be limited to those necessary for retail store entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not limited to, standard size masonry units such as brick, divided openings to give the appearance of windows, and other techniques to provide an interesting and human-scaled appearance on the story adjacent to the sidewalk. Buildings must be articulated with modules, architectural detailing, individual floors visually expressed in the façade, and rhythm and pattern of openings and surfaces must be human-scale. Buildings must be oriented to the adjacent public or private street. If an alley is adjacent to site, access must be taken from that alley. Access to a street may be considered by the review authority. A pedestrian safety plan is required for all parking facilities with more than 100 parking spaces and must be reviewed and approved by the city engineer. The city engineer may request a pedestrian safety plan for parking facilities with less than 100 parking spaces. Parking entrance(s) may not account for more than 25 percent of entire building façade. Parking entrance(s) must not be located central to the building façade. (Order No. 2018-01, § 15, 4-18-2018; Ord. No. 2014, § 12, 6-3-2019; Ord. No. 2062, §§ 3, 4, 11-16-2021; Ord. No. 2155, § 28, 5-14-2024) Footnotes: --- (7) --- Editor's note— See the editor's note to § 38.540.030. 2/18/26, 10:35 AM Bozeman, MT Code of Ordinances about:blank 27/2781 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 BOZEMANCity Attorney's OfficeMTGreg Sullivan, City AttorneyBekki McLean, Chief ProsecutorChanan Brown, ProsecutorAshleyCarroll, ProsecutorTim Cooper, Assistant City AttorneyJennifer Giuttari, Assistant City AttorneyKelley Rischke, Assistant City AttorneyAnna Saverud, Assistant City AttorneyMollie Schultz, ProsecutorMay 19, 2023Brian GallikGallik, Bremer and Molloy, P.CP.O. Box 70Bozeman,MT 59771-0070SENT VIA FIRST CLASS MAIL and E-MAIL to bnan@galLiklawfirm.comRE: Sundance Springs Site Plan Application #22047Dear Mr. Gallik,This letter responds to your letter of December 13, 2022, providing legal analysis regardingseveral issues and questions raised in public comment. This letter also provides clarification andguidance regarding the City's review of the Sundance Springs Site Plan Application #22047relevant to three primary issues raised in public comment: enforceability of private covenants bythe City; the application of historic Bozeman Municipal Codes or current code; and that theCity's Final PUD file cannot be located, but several elements of the Final PUD file are available.Additionally, I write to inform you that the City will invite public comment from May 29,2023to June 12, 2023. This public comment period will be limited to only new information receivedin the record since the close of the last public comment period on December 13, 2022. Newinformation on which the public may comment includes: the content of this letter; othercorrespondence and public comment received since the close of the last public comment period,including the contents of your letters dated December 13, 2022 and December 29, 2022; andrevisions to the application submitted on March 3, 2023 modifying the architectural and lightingplans to comply with standards found in covenants, adjustment of the north property line setbackto a 10-foot rear setback, and removal of a departure request for parking adjacent to a streetcorner.City Enforcement of Covenants, Conditions, and RestrictionsSeveral public comments and other communications from concerned neighbors contend that theproposed project must be evaluated for conformance with private, recorded Covenants,121N.ROUSE AVENUE- CIVIL901 N. ROUSE AVENUE- CRIMINAL@P.O. BOX 1230BOZEMAN, MT 59771-1230(P) 406-582-2309 (F) 406-582-2302 WWW.BOZEMAN.NETTDD: 406-582-2301THE MOST LIVABLE PLACE123 Conditions, and Restrictions for the Neighborhood Services Property (Covenants).Additionally, public comments have asserted that the City ofBozeman (City) is a party to all ofthe Covenants, Conditions, and Restrictions found in the Neighborhood Services Property. Thecommenters incorrectly conclude that the City must enforce the private CC&Rs in its review ofapplication #22047.Exhibit B attached to the Covenants clearly and unequivocally sets forth the covenants that wererequired by the City as conditions of approval and to which the City is a party. Exhibit B alsoestablishes the requirement that any amendment to these specific covenants requires Cityapproval, which is derived directly from the Findings of Fact and Order issued on January 22,1996, In the Matter of the Application of Donald Hannah for Preliminary Subdivision PlatApproval of Sundance Springs Planned Unit Development Subdivision, Phase I, and forConditional Approval of a Zoning Planned Unit Development (Preliminary PUD Findings ofFact). It is unsurprising that the City would only require to be made a party to these specificcovenants; the City has no interest in the vast majority of the contents of covenants, for example,membership and voting rights, election of directors, and general covenants outside the scope ofBMC standards.Further, the BMC expressly states that the City has no duty to enforce private covenants thatimpose higher standards than BMC provisions:Sec. 38.100.100. Private restrictions.This chapter is not intended to affect any existing private agreement or condition such asa deed restriction or covenant. If any provision of this chapter is more restrictive orimposes a higher standard than any such private restriction, the requirements of thischapter control. Where the provisions of any private restriction are more restrictive orimpose higher standards than the provisions of this chapter, the city has no duty toenforce such private restrictions or advise of their existence. The city may enforce aprivate restriction if the city is a party to such covenant or restriction, if such restrictionwas required by the city, or if it was relied upon by the city during the land developmentprocess in order to meet the requirements of this chapter or another required standard.The city may prohibit private restrictions that violate applicable law. Covenants aresubject to the requirements of section 38.220.320. (emphasis added)Rather, when the City is a party to a covenant or restriction, the City may choose to enforce theprivate restriction; it is not obligated to do so. Even assuming arguendo the City is a party to allof the covenants, it is the City's custom and practice to only enforce those covenants relied uponfor approval of a development. Further, the City prefers to encourage development of thecommercial property pursuant to today's BMC standards, which are reflective of the' Note that the residential portions of the Sundance Springs PUD have separate recorded Covenants, Conditions, andRestrictions. The residential CC&Rs are not applicable to the Neighborhood Services CC&Rs, nor are the CC&Rsfor the commercial portion of the PUD applicable to the residential portions.124 community's needs and values today, not those established over twenty years ago2. Therefore,the City declines to exercise authority it may have to enforce the covenants.Finally, the discussion of whether the City may enforce the covenants through its decision on thepending application is largely academic. The current application, as submitted, meets thestandards of the applicable covenants listed on Exhibit B3. Notably, an update to the applicationsubmitted on March 3, 2023, included changes regarding the exterior lighting package that bringthe proposal into compliance with the requirements of covenant 10.7.Application of Current Code to the Current ApplicationThe City evaluates site plan development applications against the adopted code at the time theproject receives a determination of adequacy, pursuant to Montana law and the BozemanMunicipal Code.Montana law, pursuant to Montana Code Annotated section 7-21-1003(2) provides in relevantpart:Except as provided under 76-2-206 or 76-2-306 or otherwise agreed to in writing by theapplicant, the review and approval, approval with conditions, or denial of the site-specific development plan must be based solely upon the ordinances and regulations ineffect at the time that the complete site-specific development plan was submitted to thelocal government entity that has jurisdiction over the application... . (emphasis added)Further, local regulations unequivocally state that non-subdivision applications, like the instantsite plan application, are reviewed under the regulations in effect at the time an application isdeemed adequate; it offers no exception for site plans associated with historic planned unitdevelopments. Section 38.200.080.B, BMC, provides:B. Nonsubdivision. Review ofnonsubdivision applications will be under such regulationsas are in effect at the time an application for approval of a preliminary site plan isdeemed adequate according to section 38.230.090; except that an interim zoningordinance adopted according to MCA 76-2-306 applies to a nonsubdi vision applicationwithout limitation to the date of adequacy of the application until final action has beentaken on the application. An applicant may waive, in writing, the shield from changing2 The subject property is designated Community Commercial Mixed Use in the 2020 Bozeman Community Plan andFuture Land Use Map.3 Exhibit B includes "Article IX, Section 9.8 regarding parkmg of cars on the street" among the covenants that theCity is a party to and cannot be amended without the City's consent. This comports with the Commission'sFindings of Fact, which state on page 19 that the following amendment should be made to the Covenants as theywere initially proposed, "Page 26, Section 10.8. Clarify section regarding on-street parking per the CityCommission's decision on street standards, to prohibit parking of cars or other vehicles on the streets." As recorded,that covenant (apparently renamed to 9.8) addresses the City required prohibition ofon-street parking, but also statesthat Neighborhood Services buildings are "required to have at least the minimum number of parking spaces asdefined in the Neighborhood Service District of the Bozeman Zone Code." The provision regarding the minimumnumber of parking spaces does not appear to be required by the City. Whether or not the City is a party to thatportion of the covenant, the City declines to enforce it in favor of encouraging the use of modem minimum parkingstandards. The application provides the requisite number of parking spaces under current code without relying uponany on-street parking spaces.125 ordinances established by this section. In the event that such waiver is provided, thenonsubdivision application will be reviewed under the ordinances in effect on the date ofthe final action on the application, (emphasis added)In this case, site plan application 22047 received adequacy on August 17, 2022. This applicationwill be reviewed and an administrative decision will be made based on requirements found in the2022 Unified Development Code.The City recognizes that the Development Review Comments for the initial Conceptual Reviewapplication #20298 on October 1, 2020, inferred historical zoning from 1992 was applicable tolot sizes, setbacks, and land use4. Regrettably, this information was provided without consultingthe City's legal department and is contrary to the City's position on the pending application.Unlocated Final PUD ApprovalAs you know, the City is regrettably unable to locate the final PUD file. However, continuedsearching has yielded a document that demonstrates Sundance Springs' compliance with andcompletion of all requirements of the City Commission's Findings of Fact for the SundanceSprings Preliminary PUD application, as required to receive Final PUD approval. Please find thedocument, titled Sundance Springs P.U.D. Findings of Fact and Order5, attached. The bold printand attachments clearly document Sundance Springs' compliance with all preliminary conditionsof approval sufficient to approve the Final PUD application. The Sundance Springs P.U.D.Findings of Fact and Order document is typically a part of the final PUD file. Significantly, itindicates that the conditions of approval did not change between the preliminary and final PUDapprovals and that the conditions of approval were satisfied.Although the City has not located the Final PUD file, the critical elements of the file areavailable to the City, including: adopted Preliminary PUD Findings of Fact; recorded documents,like the Sundance Springs Commercial covenants; and the Sundance Springs P.U.D Findings ofFact and Order document memorializing completion of requirements set forth in the PreliminaryPUD Findings of Fact and indicating an approval of the Final PUD application. The recordedcovenants and recently discovered Findings of Fact and Order hew closely to the approvedPreliminary PUD Findings, which helps verify that little, if anything, changed between approvalof the Preliminary PUD and the Final PUD. Additionally, the existence of the recordedcovenants and the inclusion of Exhibit B memorializing the City's requirements articulated in theFindings of Fact provide further evidence of compliance with the Findings as necessary to obtainFinal PUD approval. Additionally, the City has many other files associated with SundanceSprings' development applications over the years and nothing in those files indicates thatSundance Springs' Final PUD application was denied or deviated in any material way from thePreliminary PUD Findings of Fact.4 The Concept Review comments also explain that the applications' example tenant, a brewery tasting room, usedfor the purposes of calculating parking requirements and the like is an allowable use under historic standards with aSpecial Use Permit for the sale of alcohol, as noted in your December 13, 2022 letter5 This document is included in file P-0042 Sundance Springs S.E. Major Subdivision Final Plat. The bold printrefers to certain other documents, such as materials behind tabs and conditions of approval found in the SundanceSprings Subdivision Southeast Findings of Fact and Order. Those items are available for your review, but have notbeen appended here due to their size.6 The subject property was annexed, subdivided, and developed in phases, each requiring its own application(s).126 The final plat was approved in 2000 and filed with the Clerk and Recorder. Significant portionsof the development were built. Both of those actions require an approved Final PUD application.The City recognizes that failing to review this application using existing documents, and insteadstrictly adhering to the requirement to review the application against the unlocated Final PUDfile, would perpetuate the absurd result that this property could never be developed. Therefore,the City believes that review of application 22047 is possible using these documents, eventhough the Final PUD file is not available.The City has discussed with you and your client the potential risks associated with reviewingapplication 22047 using the Preliminary PUD Findings of Fact, recorded covenants, and existingdocuments, as well as alternative options, including altering the application to comply withhistoric code provisions and covenants. Your client has opted to proceed with review ofapplication 22047 as submitted; therefore, staff will complete review of the application and openone final public comment period before forwarding a recommendation to the CommunityDevelopment Director for a decision.Thank you for your patience as the City carefully considers and thoroughly reviews thisapplication and provides an additional comment period to afford the public a reasonableopportunity to participate in every aspect of this application. If you have any questions, pleasecontact me at krischke(%bozeman.net or 406-582-2309.Sincerely,A^4^/. ^-iO^LKelley L. RischkeAssistant City Attorneyec: Mike Maas, City Clerk at mmaas@bozeman.net (for inclusion in the publicly availablematerials regarding Sundance Springs)Robert Farris-Olsen (rfolsen@mswdlaw.com) and Kim Wilson(kwilson(a)mswdlaw.com), Morrison Sherwood Wilson Deola PLLPi127 Findings of Fact and Order Sundance Springs Appeal Appeal number 23214 23214 Findings of Fact and Order Overturning the Conditional Approval of the Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan Application 22047 Public Hearing: February 27, 2024 before the Bozeman City Commission Description: Appeal filed by Tim & Nancy Swanson and Geoffrey Poole seeking to overturn the Director of Community Development’s (Director) administrative decision approving site plan application 22047. Project Location: Sundance Springs Sub Ph 1B, S25, T02 S, R05 E, Comm Lot 2 Plat J-257; corner of South 3rd Avenue and Little Horse Drive Staff Contact: Anna Bentley, Director of Community Development Brian Krueger, Development Review Manager Decision: Overturn the Director’s Conditional Approval of Site Plan 22047. (4-1) Report Date: May 13, 2024 On February 27, 2024, the Bozeman City Commission (Commission) held a hearing to consider Appeal #23214 seeking to overturn the Director’s administrative decision approving a site plan application in the Sundance Springs subdivision, Application #22047. This appeal is for the specific application and it is not an appeal interpreting code generally applicable throughout the city. The Commission decided to overturn the Director’s decision. This document memorializes the alternative findings made by a majority of the Commission members in support of the decision to overturn the Director’s conditional approval of site plan application 22047. A video recording of the Commission hearing and the Commission’s decision is posted on the City’s website, found here. Consideration of this agenda item begins at 01:08:20 in the video. Minutes of the Commission meeting are also posted on the City’s website, found here. The City Commission first made the following motion, which failed 1-4: Having reviewed and considered Appeal 23214 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs DocuSign Envelope ID: 397F0701-BE25-400C-9751-6136D4A7E4D5 128934 Page 2 of 3 Subdivision, Phase 1B, Commercial Lot 2 Site Plan application 22047, the record of review, the presentation of staff and the appellant, public comment and all information presented, I move to uphold the decision that the Director of Community Development reflected in her June 28th, 2023 conditional approval letter. Then, the Commission made the following motion, which passed on a 4-1 vote, overturning the Director’s decision: I move to overturn the decision of the Director of Community Development made on June 28, 2023, related to the conditional approval of the Phase 1B, Commercial Lot 2 Site Plan application number 22047. CITY COMMISSION’S FINDINGS: 1. The City had sufficient documents within the surviving record to evaluate site plan application 22047. 2. The Director was correct in applying 2022 Bozeman Municipal Code standards and processes in reviewing the application because site plan application 22047 was deemed adequate in 2022. 3. The design guidelines, which were a required component of the original Sundance Springs PUD approval, are integral to this PUD. In the Sundance Springs PUD, the design guidelines are incorporated within the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property. The Director should have considered and applied the design guidelines for the Sundance Springs PUD, which are incorporated within the Covenants, to this site plan application. 4. The Developer did not demonstrate, as required by 38.250.060.E, that the criteria for approval of the departure from 38.510.020.F.1 related to block frontage standards, were met. The purpose of the standard, to create a comfortable walking environment, was not met. Therefore, the departure allowing the proposed buildings to face a trail proposed to be built on land the Developer does not own may not be approved. COMMISION ORDER: The decision of the Director of Community Development, conditionally approving site plan application 22047, is overturned. Dated this _______ day of _______________________, 2024 DocuSign Envelope ID: 397F0701-BE25-400C-9751-6136D4A7E4D5 May21st 129935 Page 3 of 3 BOZEMAN CITY COMMISSION __________________________________ TERRENCE CUNNINGHAM Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: __________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 397F0701-BE25-400C-9751-6136D4A7E4D5 130936 Commission Memo Sundance Springs Appeal Appeal number 25769 Report To: Bozeman City Commission Subject:Appeal 25769 Filed by Tim & Nancy Swanson and Geoffrey Poole Regarding Conditional of Approval of the Sundance Springs Subdivision Commercial Lot 2 Site Plan, Application 25238 Meeting Date: February 24, 2026 Agenda Type: Action Project Location: Corner of South 3rd Avenue and Little Horse Drive CITY COMMISSION ACTION: At the conclusion of consideration of the appeal, the City Commission may uphold, amend, or overturn the administrative project approval decision for the Sundance Springs Subdivision Commercial Lot 2 Site Plan Application 25769. The decision may be overturned or amended upon the finding that the final administrative decision was erroneous. Report Date: February 18, 2026 EXECUTIVE SUMMARY: This appeal, filed by Tim & Nancy Swanson and Geoffrey Poole (Appellants), seeks to overturn the Director of Community Development’s administrative decision approving application 25238 (Director’s decision). Appellants assert the decision should be overturned on the following grounds: The project at issue is development of a commercial lot within the Sundance Springs Planned Unit Development (PUD). The site plan application proposed two commercial buildings, each with two stories. Though the proposed buildings are shells, the Developer selected conceptual uses, including restaurant, gym, office space, and retail space, in order to make calculations for various design requirements in order to demonstrate compliance with code requirements. 406 Coal Blowers, LLC and Michael J Schreiner, III, are listed as the property owners (the Developer) and submitted Site Plan Application 25238, which is the subject of this appeal. For context and background, this property was the site of a prior approved Site Plan Application 22047 that was approved with conditions by the prior Community Development Director on June 28, 2023. That administrative decision was appealed to the City Commission by Appeal 23214. The City Commission overturned the Director’s decision on February 27, 2024 and made Findings of Fact in support of the decision to overturn, which were adopted by the Commission on May 21, 2024. The Findings of Fact can be found here and are attached to this staff report. 131 Commission Memo Sundance Springs Appeal Appeal number 25769 2 | P a g e Appeals of administrative project decisions are governed by 38.250.0301 BMC. For a discussion of the procedures governing this appeal, see below. Only “aggrieved persons” may appeal an administrative decision in accordance with section 38.250.030.A BMC. Appellants contend that they are aggrieved persons as defined in section 38.700.020 BMC2 because Tim and Nancy Swanson reside in the Sundance Springs Subdivision, of which the subject property is a part. Appellants assert that they live within sight and earshot of the proposed development. Mr. Poole lives within two hundred feet of the subject property and his deck overlooks the site. According to the appeal materials, each of the Appellants have submitted public comments setting forth the specific impact this project will have on them. Appeals are limited to specific issues raised during the public comment period. The City of Bozeman (City) received 90 public comments on Site Plan Application 25238 during the public comment period. 3 comments were in favor of approving the application. All others opposed the development. Appellants submitted 4 public comments, which appear to discuss every matter raised on appeal. At the conclusion of consideration of the appeal, the City Commission may uphold, amend, or overturn the administrative project decision for Site Plan Application 25769. The decision may be overturned or amended upon the finding that such final administrative decision was erroneous. Consider the Recommended Motions: 1. Having reviewed and considered Appeal 25769 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs Sundance Springs Subdivision, Commercial Lot 2 Site Plan Application 25238, the record of review, the presentation of staff and the Appellant, public comment, and all information presented, I move to amend the conditional approval of Site Plan Application 25238 to include new condition of approval 4, as follows: 1 On February 1, 2026, a new Unified Development Code (UDC) adopted by the Bozeman City Commission through Ordinance 2151 went into effect and the previous version of the UDC was repealed in its entirety. Appeal application 25769 was deemed adequate for review prior to the effective date of the new UDC. Therefore, this appeal application is subject to the provisions of the UDC in place when the application was deemed adequate for review (the 2025 UDC). Additionally, the development application from which the appeal was made was likewise reviewed under the provisions of the 2025 UDC because it was deemed adequate for review on October 22, 2025. Please note that all links to provisions of the UDC in this staff report are to the 2025 version, which are applicable to appeal application 25769 and site plan application 25238. Excerpts of some code provisions are also attached for convenience. 2 Aggrieved person. A person, as defined in this division 38.700, who has a specific, personal and legal interest in the final decision of an agency, board or commission, as distinguished from a general interest such as is the concern of all members of the community, and which interest would be specifically and personally prejudiced by the decision or benefited by its reversal. 132 Commission Memo Sundance Springs Appeal Appeal number 25769 3 | P a g e Site Plan Application 25238 must update the lighting plan to comply with maximum lighting standard of 0.3 footcandles at the property boundary as required in BMC 38.570.040.G.5. 2. I move to approve the amended Conditional Approval of the Sundance Springs Commercial Lot 2 Site Plan Application 25238. RECORD OF REVIEW: A. Appeal Application 25769 1.Appeal Application and Materials 2. Agenda and Minutes of February 24, 2026, City Commission meeting (Minutes will be available on the City’s website after they are prepared and approved.) 3. City Commission packet materials for the public hearing on the Sundance Springs Appeal on February 24, 2026 a. Cover memo b. This staff report for Appeal Application 25769 B. Site Plan Application 25238 1.December 5, 2025, Director’s Decision and associated staff report for Site Plan Application 25238 2.Public Comment on Appeal Application 25238 3. Site Plan Application and Materials a.Application Documents b.Application Drawings c.Application Summary 133 Commission Memo Sundance Springs Appeal Appeal number 25769 4 | P a g e Table of Contents EXECUTIVE SUMMARY:.......................................................................................................................................1 RECORD OF REVIEW…………………………………………………………………………………………………..3 TABLE OF CONTENTS:.........................................................................................................................................4 BACKGROUND:……………………………………………………………………………………………………….….5 Site Plan Application 25238……………………………………….…………………………………………. Timeline……………………………………………………………………………………..…………...…………… Analysis of 38.250.030.A “Aggrieved Person”….……………………………………………………... Analysis of 38.250.030.B – Issue Preclusion…………………………………………………………… BASIS OF THE APPEAL AND CITY RESPONSE:…………………………………………………………5 1. City Commission’s Findings of Fact on Appeal 23214 a. The “Master Plan” b. Application of the 1992 Code 2. Section 38.440.030 BMC is Inapplicable to Site Plan Application 25238 3. Block Frontage 4. Encroachment of Parking Area into Setback 5. Residential Adjacency 6. The Director’s Approval of Application 25238 was not Pretextual 7. Response to Appellant’s Request to Overturn the Director’s Decision APPEAL OF THE ADMINISTRATIVE DECISION…………………………………………………………15 APPEAL PUBLIC NOTICE:………………………………………………………………………………………….15 APPEAL PUBLIC COMMENT:……………………………………………………………………………………..15 EVALUATION OF THE APPEAL:………………………………………………………………………………15 Authority of the City Commission under the Bozeman Municipal Code………………… City Commission May Act as a Board of Adjustment……………………………………………. APPEAL PROCEDURE:……………………………………………………………………………………………16 UNRESOLVED ISSUES:……………………………………………………………………………………………16 ALTERNATIVES:…………………………………………………………………………………………………….16 FISCAL EFFECT:………………………………………………………………………………………………………16 ATTACHMENTS:……………………………………………………………………………………………………..17 134 Commission Memo Sundance Springs Appeal Appeal number 25769 5 | P a g e BACKGROUND: Site Plan, Application 25238 The site plan for the Sundance Springs Subdivision Commercial Lot 2, was submitted originally on April 29, 2025 and conditionally approved by the Director of Community Development on December 5, 2025. No building permits have been issued for this approved site plan. The Development Review Committee considered the application and recommended that the application was adequate, conforms to standards, and is sufficient for approval with conditions and code provisions. Timeline of Sundance Springs Subdivision Commercial Lot 2 Site Plan Approval and Appeal Findings of Fact Adopted by City Commission for Appeal 23214 May 21, 2024 Site Plan Application 25238 Submitted April 29, 2025 Development Review Committee determination of adequacy October 22, 2025 Public Comment Period on Application 25238 October 27, 2025 – November 18, 2025 Director’s Decision Conditionally Approving Application 25238 December 5, 2025 Appeal 25769 Submitted and determination of adequacy December 18, 2025 Public Comment Period on Appeal 25769 January 26, 2026 – February 24, 2626 City Commission Hearing on Appeal 25769 February 24, 2026 38.250.030.A “Aggrieved Person:” The City Attorney stipulates that Appellants meet the definition of “aggrieved persons” pursuant to Bozeman Municipal Code section 38.700.020 with standing to bring this appeal. 38.250.030.B - Issue Preclusion Pursuant to code, “failure to raise an issue during the provided public comment opportunity, in person or in writing, or the failure to provide statements or evidence sufficient to afford the administrative review authority an opportunity to respond to an issue, precludes an appeal based on that issue, unless the issue could not have been reasonably known by any party during the time of the public comment opportunity.” BMC 38.250.030.B. It appears that Appellants raised every issue in their public comments on Site Plan Application 25238 that could have reasonably been known that were raised in Appeal 25769. BASIS OF THE APPEAL AND CITY RESPONSE: 1. City Commission’s Findings of Fact on Appeal 23214 Every development application, including Site Plan Application 25238, is evaluated individually on the contents of the application and without regard to any previous application. However, in addition to evaluating the contents of the Site Plan Application 25238 against zoning regulations, staff also evaluated this application to ensure it complied with the Findings of Fact adopted by the City Commission for Appeal 23214. Appeal 23214 was decided in February 2024. The Appeal was filed by the same Appellants as the current 135 Commission Memo Sundance Springs Appeal Appeal number 25769 6 | P a g e appeal and appealed an administrative approval of proposed development on this same site, including many of the same arguments to overturn the Director’s decision as found in this appeal. The City Commission overturned the Director’s decision and adopted findings in support of its decision. On May 21, 2024, the City Commission adopted Findings of Fact and Order for Appeal 23214, which memorialized its findings in writing (attached). The findings state: 1. The City had sufficient documents within the surviving record to evaluate site plan application 22047.3 2. The Director was correct in applying 2022 Bozeman Municipal Code standards and processes in reviewing the application because site plan application 22047 was deemed adequate in 2022.4 3. The design guidelines, which were a required component of the original Sundance Springs PUD approval, are integral to this PUD. In the Sundance Springs PUD the design guidelines are incorporated within the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property. The Director should have considered and applied the design guidelines for the Sundance Springs PUD, which are incorporated within the Covenants, to this site plan application. 4. The Developer did not demonstrate, as required by 38.250.060.E, that the criteria for approval of the departure from 38.510.020.F.1 related to block frontage standards, were met. The purpose of the standard, to create a comfortable waking environment, was not met. Therefore, the departure allowing the proposed buildings to face a trail proposed to be built on land the Developer does not own may not be approved. The Commission’s findings are relevant to and were thoroughly analyzed by staff in its review of Site Plan Application 25238. Specifically, staff relied upon the City Commission’s determination that: (1) sufficient documents existed within the surviving record to review development application 25238; (2) City codes in effect at the time an application is determined adequate for review must be used to review the Application; (3) Site Plan Application 25238 must comply with design guidelines contained within the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property; and (4) block frontage standards applicable to the buildings must be met. 3 One contention raised in Appeal 23214 was that the City could not adequately review a development application on the subject property because the City has been unable to locate the Final PUD file. The staff report for Appeal 23214 provided information about several other documents and files that the City was able to locate pertaining to the Sundance Springs subdivision, PUD, and subsequent phased development. 4 In Appeal 23214, as here, Appellants argued that the development application must comply with historic zoning code in place at the time the PUD was approved, not development standards in place at the time an application is deemed adequate for review. 136 Commission Memo Sundance Springs Appeal Appeal number 25769 7 | P a g e a.The “Master Plan” The City Commission previously considered Appellants’ argument that the Master Plan imposed specific buildings, site layout, and land uses on the property in Appeal 23214. Contrary to Appellants’ assertions, the Director demonstrated that the Master Plan was conceptual in nature and was never meant to prescribe any specific land use or provide the level of detail sufficient to construct any building. The Director cited sections of the 1992 zoning code to prove that a Master Plan need only provide a “conceptual (sketch) drawing showing the proposed location of the uses of land, major streets and other significant features on the site and within one-half mile of the site.” See sections 18.54.080.D.1 and 18.54.060.A.2, BMC (1/23/1992) (emphasis added). The Director also explained that the Sundance Springs preliminary PUD and plat (file Z-95125) expressly recognized the conceptual nature of the PUD approval and the need for subsequent site-specific design because it included the following note: NOTE: Because this application is a PUD subdivision that creates only lots, no specific structures are proposed at this time. Future construction on individual lots will be controlled by the Bozeman area zoning and building codes and the covenants and development guidelines for the project, as required in Chapter 18.54.080, A.,2 of the Bozeman Zoning Ordinance. See File Z-95125 application, tab 6, PUD Application Criteria, page 1. In articulating its Findings on Appeal 23214, the City Commission made no reference to the Master Plan. The adopted Findings of Fact for Appeal 23214 do not require the Director to analyze a development application in strict conformance with the conceptual Master Plan document. Appellants continue to assign a level of importance to the Master Plan beyond which it was intended and inappropriately rely on conceptual (sketch) drawings as an iron-clad depiction of future commercial development. b.Application of the 1992 Code The City Commission also previously considered Appellants’ argument that a historic version of Bozeman’s zoning regulations should apply to a development application on this site. The Director cited state law, the Bozeman Municipal Code, and a provision from within the Sundance Springs Covenants5 to support the determination that 5 8.2 General Regulations. All lands within Sundance are subject to the zoning regulations of the City of Bozeman except for any variances thereto granted by the City of Bozeman as shown on the Sundance Springs plat as filed in the Gallatin County Courthouse. All such variances to the zoning requirements of the City of Bozeman shall be specified on the final plat noted above or within the body of this Declaration. In addition to these Regulations, building design may be regulated by City, County, State and Federal regulatory agencies having jurisdiction. The owner or his or her agent shall be responsible to ensure conformance with any applicable regulations, and should check with the City of Bozeman, Gallatin County, and the State of Montana Building Codes Division to verify that the most recently adopted edition of any applicable regulation is being used. No construction of, or alteration to, any improvements … shall be commenced on any lot prior to receiving the written approval of the BLRC and the City of Bozeman. See Covenants, p. 20 (emphasis added). 137 Commission Memo Sundance Springs Appeal Appeal number 25769 8 | P a g e the appropriate code to apply is the code in place at the time an application is deemed adequate for review. The City Commission determined that the Director’s application of zoning codes in place at the time the application was deemed adequate for review was correct and memorialized their determination in their Findings of Fact for Appeal 23214, specifically Finding #2. Applying the City Commission’s direction from the Findings and consistent with the Bozeman municipal code, the Director’s application of 2025 code standards to Site Plan Application 25238 was correct. BMC section 38.200.080.B states in relevant part, “Review of nonsubdivision applications will be under such regulations as are in effect at the time an application for approval of a preliminary site plan is deemed adequate according to section 38.230.090; …” As determined in the previous appeal, 1992 zoning regulations are inapplicable to application 25238. 2. Section 38.440.030 BMC is Inapplicable to Site Plan Application 25238 Appellants contend that an applicant must amend the PUD Final Approval in order for the proposed development to comply with all standards of BMC. Specifically, Appellants point to section 38.440.030. and .050 BMC . While Appellants have correctly identified this Planned Unit Development (PUD) is a Legacy PUD, Appellants are incorrect in asserting that these code sections require that a Legacy PUD should be reviewed under the 1992 Zoning Code in place at the time the PUD was adopted (see staff report Section 1.b.), and are incorrect that the proposed Site Plan would require modifications to the Legacy PUD in effect, the Sundance Springs PUD. When originally reviewing the PUD for conformance, the City of Bozeman applied Conditions of Approval to the preliminary approval of the PUD. Specifically, Condition #29. This condition states: A documented market study shall be provided prior to submittal of the final site plan for the zoning PUD that shows the proposed uses within the neighborhood service area (Blocks 10 and 11) will be supported by the area residents. If the study does not conclude that 50% of the business will be generated from this area, development of the neighborhood service lots will not be allowed. Uses permitted on these lots include professional offices and other permitted uses listed in the B-1 neighborhood service district chapter of the Bozeman Zoning Ordinance. Full site plan review and/or subdivision review will be required for all development within Blocks 10 and 11, Phase 1 subdivision. If not allowed, a maximum of six additional single-family residential lots could be created within these two blocks via further subdivision review and approval. All commercial structures shall be fully protected with an approved fire sprinkler system, unless waived by the Fire Chief in the event a fire station is constructed closer to the site which will provide adequately improved response times. The need for mitigation to the long fire department response times which are probable prior to the time new fire station facilities may be constructed nearer to 138 Commission Memo Sundance Springs Appeal Appeal number 25769 9 | P a g e this area, such as but not limited to, sprinklering of residential dwelling structures, shall be left to the discretion of the Fire Chief. The hours of business for all uses within the neighborhood service lots shall be limited to 7 a.m. through 9 p.m.” Appellants contend that this condition of approval of the Preliminary Plat of Sundance Springs PUD only contemplated the uses depicted in the conceptual Master Plan within the PUD. However, it is clear from the condition, that all uses allowed within the B-1 Neighborhood Services District (now called the B-1 Neighborhood Business District) were contemplated and would be approved if the market study was completed and concluded that 50% of business would be generated from the area. In approving the final plat of the Sundance Springs Subdivision Phase 1B, wherein the subject property was created, the City Commission approved the market study and, as the condition states “Uses permitted on these lots include professional offices and other permitted uses listed in the B-1 neighborhood service district chapter of the Bozeman Zoning Ordinance. Full site plan review and/or subdivision review will be required for all development within Blocks 10 and 11, Phase 1 subdivision.” Thus, indicating that all allowed uses within the zoning district are allowed and that the lot will be reviewed by further site plan and or subdivision at a point of further development. The condition does not require any particular use, nor does it entitle any potential development depicted in the conceptual Master Plan document. Additionally, it is important to note that Appellants discuss buildings depicted on the Master Plan document. The PUD does not provide: Dimensions for buildings depicted on the Master Plan; Elevations for any of the buildings; Open space; Floor space for proposed uses; or Any other required elements for entitling review or approval for a proposed development. As such, despite the conceptual sketch buildings depicted on the Master Plan document, the PUD does not contemplate any proposed development on the commercial sites. Because there is no development proposed, there are no applicable amendments to the final plan as prescribed by BMC 38.440.030. 3. Block Frontage Appellants contend that a similar site layout has previously been rejected by city staff, referencing a previous Concept Review Application and a previous Site Plan application. It is important to note that each application is unique and independent. Each plan must comply with the multitude of standards and design requirements of the Bozeman Municipal Code. If one element is out of compliance, then the whole site design is out of compliance and must be redesigned in order to comply. Appellants specifically contend that: 139 Commission Memo Sundance Springs Appeal Appeal number 25769 10 | P a g e “1. The east building fails to address a trail frontage in violation of BMC 38.510.020.F.1; 2. The west building presents its primary facade to the parking lot in violation of BMC 38.510.020.F.1; 3. The parking lots line adjacent trail frontages, degrading the walking environment on the trail system, in violation of 38.510.010.A.2.” Appellants contend that the eastern building must address a trail frontage. Multiple frontage situations where a property and building(s) front onto multiple street block frontages or internal frontage designations are addressed by BMC 38.510.020.F. The subject property only has one block frontage along Little Horse Drive. As such, the requirements of BMC section 38.510.020.F. do not apply to this site. As analyzed in section 7a. of the Director’s decision on Site Plan Application 25238, when there is only one block frontage available, the site must only address the applicable frontage, in this case, the street block frontage along Little Horse Drive. Little Horse Drive is a Landscaped Block Frontage, and the standards for the Landscaped Block Frontage are enumerated in Table 38.510.030.C of the BMC. Zoning regulations require a building entrance visible and accessible from the street for the building that fronts on Little Horse Drive. The West Building fronts on Little Horse Drive and provides an entrance on the southern façade facing the street. Appellants contend that the primary façade faces towards the parking lot. While there are elements of the western elevation which may indicate that this is an architecturally significant façade, the BMC utilizes the standards listed in Table 38.510.030.C to determine whether a given elevation meets the block frontage standards. The only façade required to meet the Landscaped Block Frontage Standards is the southern façade, as this faces the lot’s frontage along Little Horse Drive. BMC does not restrict a property owner from providing additional facades meeting the standards of Division 38.510. for Block Frontages. Lastly, the proposed landscape design includes a 4-foot landscape buffer with a variety of shrubs to screen the parking lot from the adjacent open space to the north, which contains a trail. This meets the minimum standards of the BMC. The developer has provided trees in excess of minimum standards lining the trail to ensure that the pedestrian environment is maintained, if not improved. 4. Encroachment of Parking Area into Setback Appellants contend that parking in setbacks is prohibited by the PUD Design Guidelines. Appellants quote Section 8.3.c of the Design Guidelines which states, “Buildable Area. Each lot in Sundance Springs shall have a buildable area determined by building or structure setbacks as allowed in the Bozeman Zone Code for Neighborhood Service District. 140 Commission Memo Sundance Springs Appeal Appeal number 25769 11 | P a g e All construction other than landscaping improvements shall be limited to this buildable area.” (emphasis added) Bozeman Municipal Code, Section 38.540.010.A.5. states: No parking permitted in required front or side setbacks. Required parking spaces may not be located in any required front or side setback, except that detached single-household dwellings and townhouses, and two unit structures with physically separated individual drive aisles, may have one space located within a driveway area in the required front setback for each parking space located directly in front of the driveway area and outside of the required front setback. The code goes on to state in Section 38.540.010.A.6, BMC that “Parking is permitted within required rear setbacks.” As analyzed in section 7d. of the Director’s decision, this application conforms with the standards of the Bozeman Municipal Code and conforms with all elements of the Sundance Springs Covenants, per the direction provided in the Commission’s Findings of Fact for Appeal 23214. The Design Guidelines for the PUD outlined in the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services property allow for “a buildable area determined by building or structure setbacks as allowed in the Bozeman Zone Code for Neighborhood Service District”. The Bozeman Municipal Code expressly contemplates and allows for parking and parking-related encroachments into the rear setback. Lots within the subdivision are subject to Bozeman Municipal Code for the Neighborhood Service zone. As such, the rear setback for parking is 0 feet, and the proposed site design complies with minimum setbacks. 5. Residential Adjacency Appellants contend that the lot is residentially adjacent, due to the definition of Lots with residential adjacency found in Section 38.700.110.L, which defines “Lots with Residential Adjacency” as: A. Any of the following: 1. A building site in a residential zoning district, if the site abuts or is directly across a street or alley from an R-1, R-2, R-3, R-4, R-5 or R-O zoning district; 2. A building site in a non-residential zoning district, if the site abuts or is directly across a street or alley from an R-S, R-1, R-2, R-3, R-4, R-5 or R-O zoning district; 3. An artificial lot in a residential district, if the lot is less than 200 feet from an R-1, R-2, R-3, R-4, R-5 or R-O zoning district; or 141 Commission Memo Sundance Springs Appeal Appeal number 25769 12 | P a g e 4. An artificial lot in a non-residential zoning district, if the lot is less than 200 feet from an R-S, R-1, R-2, R-3, R-4, R-5 or R-O zoning district.” The Director concedes that the analysis found in the Director’s decision on Site Plan Application 25238 incorrectly asserted that there was no residential use adjacent to the subject property due to open space and public rights of way abutting the site. See p. 23 of the Director’s decision. Because this building site is in a non-residential zoning district (B- 1) and because the open space is zoned R-S, subsection A.2 of the definition of Lots with Residential Adjacency is applicable and should have been analyzed. Appellants noted the incorrect analysis of residential adjacency only in the context of the Site Plan Application’s compliance with parking lot landscaping requirements found in Division 38.550 of the BMC. However, residential adjacency also impacts the allowable level of site lighting under section 38.570.040.G.5. As discussed below, Site Plan Application 25238 does comply with parking lot landscaping requirements, but does not comply with site lighting requirements. First, the Site Plan Application’s landscaping plan shows that the parking lot for the site complies with the required screening for residentially adjacent lots as required by BMC 38.550.050.B.2. The plan shows a mix of Black Chokeberry, Common Snowberry, Dwarf Lilac, and Silverberry lining the areas of the parking lot which are residentially adjacent. These shrubs all have a minimum height of 4 feet and an adequate spread to ensure continuous screening, meeting dimensional requirements of the parking lot screening code section. So, while the City did not specifically review for compliance of the parking lot screening as residentially adjacent, the Landscaping Plan nevertheless shows the proposed design in full compliance with landscaping standards of BMC. The language within BMC 38.570.040.G.5 states, “All outdoor lighting must be designed and located such that the maximum illumination measured in footcandles at the property line may not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way.” The intent of this code section is to prevent excessive lighting from trespassing from a commercial property onto a residential property. Given that this property is wholly surrounded by Open Space and public rights- of-way with intervening city parkland in some areas, the Director’s decision did not consider the lot residentially adjacent when analyzing the site plan for compliance with section 38.570.040 of the BMC. The site plan lighting depicted on Site Plan Application 25238 exceeds the 0.3 standard at the property line of the property, which is not in compliance with code standards when adjacent to residential. To remedy this error, the Commission should make findings that the site plan criteria requiring compliance with Article 5, specifically the requirements of section 38.570.040 of the Bozeman Municipal Code, was not met, create a new condition of approval to address the criteria that is not met, and approve the amended Conditional Approval of Site Plan Application 25238. Recommended language for a new condition of approval addressing the deficiency is as follows: 142 Commission Memo Sundance Springs Appeal Appeal number 25769 13 | P a g e Site Plan Application 25238 must update the lighting plan to comply with maximum lighting standard of 0.3 footcandles at the property boundary as required in BMC 38.570.040.G.5. 6. The Director’s Approval of Site Plan Application 25238 was not Pretextual Appellants allege the City’s approval of Site Plan Application 25238 was pretextual. City staff disagree. The complete May 19, 2023 letter to Brian Gallik is attached to this staff report to provide complete context for the sentence Appellants excerpted. This appeal staff report and the December 5, 2025 Director’s decision provide the detailed analysis documenting staff review and supporting the decision to conditionally approve Site Plan Application 25238 and rebut Appellants’ arguments that the review was pretextual. 7. Response to Appellant’s Request to Overturn the Director’s Decision The conclusion of Appellant’s Basis of Appeal asks the Commission to overturn the Director’s Decision on six grounds. The City responds to each briefly as follows, relying on the rationale and explanation provided throughout this staff report: 1. The Master Plan and Development Guidelines were the binding terms of the PUD when it was approved. STAFF RESPONSE: Pursuant to the Commission’s Findings of Fact on Appeal 23214, the Director must consider and apply the Development Guidelines found within the Sundance Springs Declaration of Covenants. The Director’s decision on Site Plan Application 25238 provides several pages of analysis regarding the application’s compliance with the PUD Design Guidelines. Throughout Appeal 223214, as in this appeal, Appellants argued that significant weight should be assigned to the Master Plan document. In articulating their Findings, no Commissioner relied upon or even mentioned the Master Plan document in making a determination on Appeal 23214. Site Plan Application was correctly analyzed for compliance with all applicable code standards as well as the requirements of the PUD Design Guidelines. 2. The 1996 Commission ordered that proposed uses be added to the Master Plan (condition of approval #29); upon final approval of the PUD, the proposed uses became final uses, which are binding. STAFF RESPONSE: The Master Plan does not prescribe final, binding land uses. Rather, the Master Plan is a conceptual document that provided examples of what could be proposed and approved in subsequent development applications. The City Commission considered Appellants’ arguments about the importance of the Master Plan in deciding Appeal 143 Commission Memo Sundance Springs Appeal Appeal number 25769 14 | P a g e 23214 and did not require compliance with the Master Plan in its Findings of Fact. 3. The Development Guidelines incorporate the 1992 Zoning Code by reference. Therefore, the requirements of the 1992 Zoning Code are enforced pursuant to BMC 38.440.030, BMC 38.440.050, and BMC 38.100.050.A. STAFF RESPONSE: The 1992 zoning codes are not applicable to Site Plan Application 25238. The City Commission previously considered which version of the zoning codes apply and expressly found that contemporary zoning codes, those in place at the time an application is deemed adequate for review, apply. Contrary to Appellants’ assertion that the 1992 zoning codes are applicable, the Sundance Springs Declaration of Covenants expressly directs lot owners to check with the City of Bozeman to ensure that the most recently adopted edition of any applicable regulation is being used to design buildings. See Covenant 8.2. Sections of the BMC cited by Appellants -- 38.440.030, BMC 38.440.050, and BMC 38.100.050.A -- do not support Appellants’ contention that the 1992 zoning codes are applicable. Rather, the BMC expressly states that zoning codes in place at the time an application is deemed adequate must be applied to a development application. See BMC 38.200.080.B. 4. The building and parking configuration disapproved by the Commission in 2024 continues to violate the Block Frontage Standards and remains ineligible for departure. STAFF RESPONSE: The building and parking configuration proposed in Site Plan Application 25238 is different from the site plan considered by the City Commission in Appeal 23214. The building configuration in Site Plan Application 25238 complies with block frontage standards as explained above in this staff report and in section 7a of the Director’s decision. The parking configuration is compliant with City code as explained in above this staff report and in section 7d. of the Director’s decision. Application 25238 requested no departures from code standards. 5. The differences between the proposed Site Plan and the conditions described in the Master Plan and Development Guidelines alter the character of the development and require amendment of the PUD before they can be approved. STAFF RESPONSE: Site Plan Application 25238 proposes commercial development in the area reserved by the PUD for its commercial node, consistent with the conceptual Master Plan. As documented in the 144 Commission Memo Sundance Springs Appeal Appeal number 25769 15 | P a g e Director’s decision, the Site Plan Application complies with all Building and Site Development Guidelines. No amendment of the PUD is required, no application to amend the PUD was submitted, and section 38.440.030 is inapplicable to Site Plan Application 25238. 6. The review was pretextual and therefore improper. STAFF RESPONSE: Staff categorically denies that the review was pretextual. Staff appropriately reviewed the application against all required regulations and the Design Guidelines with the professionalism afforded to every application. APPEAL OF THE ADMINISTRATIVE DECISION: The deadline for submission of an appeal application was December 19, 2025. On December 18, 2025, the Community Development Division received an appeal from Appellants, pursuant to Section 38.250.030 BMC, “Administrative project decision appeals.” Staff reviewed the appeal application materials and found that the application met all submittal requirements for processing the appeal. APPEAL PUBLIC NOTICE: Notice of the appeal hearing was completed in conformance with 38.220 BMC, “Applications and Noticing.” Notice was posted on the site and mailed to property owners within 200 feet. Notice was also made through a legal ad in the Bozeman Daily Chronicle. APPEAL PUBLIC COMMENT: The City has not received any public comment on this appeal application as of the date of this staff report. Public comment may be made up until the time that the City Commission closes public comments during the Public Hearing to be held on February 24, 2026. EVALUATION OF THE APPEAL: Authority of the City Commission under the Bozeman Municipal Code The City Commission has the authority to uphold, amend, or overturn the Director’s decision expressly in section 38.250.030.J, BMC. City Commission May Act as a Board of Adjustment The City of Bozeman does not have a Board of Adjustment as described in Montana Code Annotated section 76-2-321. Rather, the City Commission has reserved for itself the powers of a board of adjustments through Resolution 4419 in 2012. The City Commission may choose to exercise its powers as a Board of Adjustments6, separate from those expressly provided under the BMC. 6 Section 76-2-323, Montana Code Annotated provides: 145 Commission Memo Sundance Springs Appeal Appeal number 25769 16 | P a g e APPEAL PROCEDURE: The City Commission must comply with the procedures for appeal as set forth in section 38.250.030.I BMC. During the appeal, the Commission will first hear from the administrative staff who are required to give an “explanation of the application and nature of the appeal.” Next, the Appellant will have an opportunity to present its position. If requested, the landowner may then make a presentation. Then, the Commission will hear public comment regarding the appeal from any proponent or opponent. At the close of public comment, the Commission must consider the merits of the appeal, including considering motions, discussion, and taking a vote. During the process, no person making a presentation may be subject to cross-examination. However, Commission members and the City Attorney may ask questions for the purpose of eliciting information or clarifying information presented. UNRESOLVED ISSUES: None identified. ALTERNATIVES: The City Commission has the following alternative actions available: 1. Uphold the Director’s conditional approval decision for Sundance Springs Subdivision Commercial Lot 2 Site Plan Application 25238 as written in her December 5, 2025 report. 2. Amend the conditional approval after making findings as to which of the criteria are met or not met, modify the conditions of approval, and approve the amended Conditional Approval of the Sundance Springs Subdivision Commercial Lot 2 Site Plan Application 25238. 3. Overturn the Director’s decision. Find that the Director’s decision was in error, make alternative findings, and deny Sundance Springs Subdivision Commercial Lot 2 Application 25238. 76-2-323. Powers of board of adjustment. (1) The board of adjustment shall have the following powers: (a) to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this part or of any ordinance adopted pursuant thereto; (b) to hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance; (c) to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done. (2) In exercising the above-mentioned powers, such board may, in conformity with the provisions of this part, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. 146 Commission Memo Sundance Springs Appeal Appeal number 25769 17 | P a g e FISCAL EFFECT: None other than standard effects related to processing applications. ATTACHMENTS: 23214 Appeal – submission materials and communications Selections of relevant codes from the 2025 Unified Development Code May 19, 2023 letter to B. Gallik from K. Rischke Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property Full application and file record: available to view by contacting the Community Development Division, 20 E. Olive, Bozeman, MT 59715. Please contact Zachary Moon at zmoon@bozeman.net or 406-582-2963 to make arrangements to view the file. 147 Memorandum REPORT TO:City Commission FROM:Serena Axelson, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:March 24, 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 March 24 & April 1, 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 148 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Procurement Coordinator Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Ratify Grant Application to Montana State Department of Commerce Historic Preservation Program for Story Mansion MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Grant RECOMMENDATION:Ratify Grant Application to Montana State Department of Commerce Historic Preservation Program for Story Mansion STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:Through the Montana Department of Commerce, the Montana Historic Preservation Grant Program (MHPG) is a state-funded program created in 2019 as a result of Senate Bill 338. The MHPG program is designed to support public or private entities with the preservation of historic sites, historical societies, or history museums through grant funding. This application to the MHPG program is to support the next restoration phase of the Story Mansion. The Story Mansion restoration meets all three qualifications as an eligible project: -as a structure or site that contributes to a historic district; -a structure or site listed on a national, state or local historic registry; and, -a structure that is more than 50 years old and has documented significance to the history of a Montana community or region. In this grant application, we requested the maximum amount of $350,000 and proposed matching it with $350,000. The Montana Department of Commerce provides advisory recommendations of the applications received to the legislature. During the legislative session, it will review Commerce's advisory recommendations and consider each application. The Legislature will choose, approve, and award all projects. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:Total expenditures are expected to be $700,000. Grant funding requested is 149 $350,000 with $350,000 as match funding. Expenditures are included in the recommended Capital Improvement Program in the Story Mansion Special Revenue Fund. Attachments: City of Bozeman Appendix B MHPG Application and Statutory Review Criteria_Final.pdf Report compiled on: March 11, 2026 150 City of Bozeman MHPG Application for Story Mansion Phased Restoration1 | P a g e MHPG Applicatfon Part II: Statutory Criteria Review Narratfve Responses Statutory Criteria A: 1. Describe the current use and conditfon of the historic resource. The Story Mansion property serves many uses. For example, for the main Story Mansion house, the first floor is available as a rental venue with a catering kitchen for events such as weddings, community gatherings, dinners, and meetfngs. The site is also used for concerts and farmers’ markets in the summertfme. Also, the non-profit organizatfon, the Friends of Story Mansion, hosts twelve Open House events throughout the year. They host other events such as an annual haunted house, elementary school-aged tours, outdoor movie events, Murder at the Mansion: an Open-Door Theatre, and Victorian tea partfes. Likewise, the basement is used for storage and bathrooms. At this tfme, the second and third floors of the main Story Mansion house are not open to the public and need several safety renovatfons such as new electric wiring and flooring for it to be usable space. 2. Describe the deficiency the proposed project will address and how this has impacted the historic resource including the duratfon of tfme the deficiency has existed. The City of Bozeman acquired the Story Mansion property in 2003 from the Sigma Alpha Epsilon Fraternity, which faced declining enrollment and unmanageable upkeep expenses for the mansion property. Following the acquisitfon, the City received a Save America’s Treasures grant from the Natfonal Park Service in 2004, which funded significant restoratfon efforts. Upon completfon of that grant, the City converted the Story Mansion property into a city park and community center, opening it to the public for events, educatfonal programs, and community gatherings. Currently, Story Mansion is limited to use of the first floor and the basement due to building system deficiencies. To preserve the structure and ensure contfnued safe public access, improvements have been planned in phased, multf-year projects. However, several priority deficiencies identffied in a 2022 Facilitfes Conditfon Assessment require tfmely attentfon. The assessment identffied critfcal structural repairs, including foundatfon crack repair, water intrusion mitfgatfon, deteriorated exterior entrance steps requiring safety upgrades, and roofing deficiencies. Additfonal priority needs include outdated electrical wiring, insufficient electrical capacity, and inefficient lightfng systems. Flooring on the 151 City of Bozeman MHPG Application for Story Mansion Phased Restoration2 | P a g e second and third floors also requires repair before those levels can be safely and fully utflized. These deficiencies have developed over tfme due to age, wear, and deferred capital investment, with some conditfons existfng for several years. The 2022 assessment categorized building systems by discipline—such as structural, plumbing, electrical, and mechanical—and further evaluated them on a scale of critfcal, poor, fair, or good conditfon, along with a 1-, 5-, and 10-year deferred maintenance tfmeline. The items identffied in this proposal are classified as critfcal needs. The primary impact of these deficiencies is restricted use of the historic resource. Currently, upper floors remain largely unusable, limitfng public access and programmatfc opportunitfes. Community partners, including Montana State University, have expressed interest in utflizing the space; however, the scale of necessary repairs constrains expanded occupancy and adaptfve reuse. Addressing these deficiencies will protect the building’s historic integrity while restoring broader public functfonality. The Facilitfes Conditfon Assessment is available upon request. 3. Describe how the proposed project will address the identffied deficiency including why MHPG funding will enable proper completfon of the resource. Since the Story Mansion property is under the directfon of the City of Bozeman and it has been designated as a historic property in the Bon Ton Historic District, it ensures that repairs and restoratfon will follow through to proper completfon. In partnership with a consultant, the City completed a facility conditfon assessment report of Story Mansion which aided in a strategic plan that adheres to the Secretary of Interior’s Standards for the Treatment of Historic Propertfes. Thus, restoratfon of Story Mansion is planned in a phased approach and each item previously outlined is in this phase. With MHPG funding and a contract with the Department of Commerce, the City of Bozeman understands the liability to complete the outlined phased project in this applicatfon. 4. Describe the financial need for MHPG grant funds to complete the project. The City of Bozeman faces numerous competfng funding prioritfes, including safe water infrastructure, public safety services, and essentfal capital improvements. These critfcal needs compete for limited General Fund resources. Additfonally, the 2025 property tax restructuring significantly impacted the City’s revenue capacity by imposing growth limitatfons on newly taxable propertfes. This change has required the City to reprioritfze capital improvement projects and carefully allocate available funds. 152 City of Bozeman MHPG Application for Story Mansion Phased Restoration3 | P a g e An award of $350,000 in MHPG funds, matched by $350,000 from the City of Bozeman General Fund, would provide essentfal support to advance the restoratfon of Story Mansion in a tfmely and cost-effectfve manner. While smaller maintenance projects have been completed, the last major restoratfon effort occurred in 2009. Since that tfme, an average annual inflatfon rate of approximately 2.5% has resulted in a cumulatfve constructfon cost increase of nearly 50 percent. Delaying this project will significantly increase overall costs. At a 2.5% annual inflatfon rate, the projected cost of this phase would increase to approximately $792,000 within five years, which would in turn delay subsequent restoratfon phases. MHPG funding is therefore pivotal to maintaining project momentum, minimizing long-term costs, and ensuring the contfnued preservatfon of Story Mansion for public benefit. 5. Describe how the proposed project was selected and prioritfzed in relatfon to plans to preserve and maintain the historic resource. The Story Mansion is among Bozeman’s most significant historic propertfes. As part of the Bon Ton Historic District, the estate exemplifies early 20th-century grandeur and Bozeman’s cultural heritage. Prioritfzatfon to preserve and maintain this historic resource justly dates to the original acquisitfon of it. At the tfme of Sigma Alpha Epsilon’s sale, this historic property’s restoratfon was a community priority, and the City intervened to help. Since the acquisitfon, the City has taken steps to phase restoratfon. One such step includes completfng a facility conditfons assessment. The assessment assisted in determining areas of need and ranked critfcal sectfons for repair for this project. Statutory Criteria B: 1. Describe the economic impact of this project related to job creation for Montana contractors and service workers. a. How many jobs will this project create? Twelve to flfteen jobs will be created with this project. b. What types of jobs? This project will require professional consultant, architecture and engineering services and skilled labor positions such as masons, electricians, roofers and construction workers. 153 City of Bozeman MHPG Application for Story Mansion Phased Restoration4 | P a g e c. Explain how this information was gathered. This information was gathered from previous assessment reports and previous projects completed at the Story Mansion. In 2009, the City of Bozeman received a Save America’s Treasures grant and the types of jobs created were professional architects and engineers, a construction manager, masonries, glaziers, fioor layers, general laborers, electricians, and flre sprinkler installers. While the same work will not be performed with this grant funding, similar types of jobs are expected for this project also. Again, the work anticipated for this project includes electrical work and structural repairs that include foundation crack repair, masonry, water intrusion mitigation, and rooflng structure alterations. 2. Describe the ongoing economic impact related to facility use or visitation as a result of the proposed project. Currently, Story Mansion is a vibrant community center and park, but the use is limited by the restoration needs. The public can rent the flrst fioor and outside space for their private events. In addition to rentals, events are held annually that require an attendance fee. With the proposed improvements, the ongoing economic impact will be positive by promoting sustainability of this historic resource, adaptive re-use for potential small businesses, and increased property values in the area. The long-term goal for Story Mansion is to realize the full use of the property for expanded programming, rentals, educational use and community gatherings. There have been many proposals for adaptive re-use of the space, but the repair requirements impede this progress. The improvements will ensure safety for all users and will build capacity for future expansion and use of the property. 3. Describe how your project relates to community goals and previous or concurrent planning efforts (downtown revitalization plan, growth policy, historic preservation plan, economic development strategy, etc.). The Story Mansion is a Bozeman historical and cultural icon. Conveniently located near Montana State University (MSU) and downtown Bozeman, the property represents a key historic site of Bozeman that really began with the economic boom of the late 1800’s and the inception of Agricultural College of the State of Montana later MSU. In the early 1980’s, the Historic Preservation Program began that 154 City of Bozeman MHPG Application for Story Mansion Phased Restoration5 | P a g e eventually created the Neighborhood Conservation Overlay District (NCOD) Currently, the City has been reviewing the NCOD Design Guidelines and working on the Local Landmark Project. With the infiux of new, modern developments, the current City Commission has made historic preservation a priority in the last two years with planning efforts to preserve important historic sites that are unique to the Bozeman community under the Local Landmark Program. The Local Landmark Program is still in development, but the Bon Ton Historic District and namely Story Mansion are key elements to the discussions and progress. Lastly, the City recently adopted a newly updated Unifled Development Code (UDC) which updated the zoning in which the Story Mansion exists so that it can be used as a community center without needing a special use permit as before. 4. Please describe your long-term vision for the historic resource and explain how this project flts into organizational plans (strategic, interpretive, business, outreach, etc.). a. Will this project decrease your operating costs, and, if applicable, how will those savings be reinvested? The long-term vision and goal for the iconic historic Story Mansion property is full restoration. Currently, the entire restoration project for Story Mansion and the Carriage House is estimated at nine million dollars ($9,000,000). Many proposals for re-use have been discussed. For example, at one point, MSU discussed using it as their humanities department. Other community groups have suggested using it for a community theatre space. If full restoration is realized, the City plans to continue public use for educational use, community gathering and private rentals, but other fioors may be used for business space or additional public use space. Yes, this project will decrease operating costs by updating outdated and unsafe conditions. The improvements will improve energy efficiency, mitigate higher insurance premiums, and improve water conservation. Additional to these efficiencies, the Story Mansion will receive quarterly maintenance attention and continued restoration efforts. With the Save America’s Treasures grant in 2004, the City completed signiflcant rehabilitation to make the flrst fioor and basement usable space. With that rehabilitation project, it completed mechanical/plumbing/HVAC upgrades, water service lines upgrades, and exterior window repair, all which helped decrease operating costs. Those savings were later re-invested for maintenance items, landscaping, and exterior painting of Story Mansion. 155 City of Bozeman MHPG Application for Story Mansion Phased Restoration6 | P a g e Statutory Criteria C: 1. Describe the organization’s capacity and ability to complete the proposed project within the proposed timeline. Yes, anticipating a 36-month schedule from execution of the contract with the State Department of Commerce by July 1, 2027, the City of Bozeman has the capacity and ability to complete the proposed project within the proposed timeline. With a fully staffed facilities department and a grants coordinator, the project will be kept on schedule as proposed. Both departments have tools to maintain schedules and consistency of project deliverables. 2. Describe the status and availability of all matching funds needed to complete the proposed project. Currently, matching funds are proposed in the general fund. The City is currently developing its FY27-29 biennial budget which will be flnalized in June 2026. As stated before, the City’s current commission is dedicated to historic preservation activities. Included with this application is a letter of commitment from the City Manager conflrming the City’s intent to match grant funding 1:1. 3. Describe how receipt of MHPG funding will enable the ability to leverage additional funding such as grants, loans, and Historic Tax Credits. With the receipt of MHPG funding, it will allow the City to leverage each type of additional funding -other grant opportunities, loans, and Historic Tax Credits. The re- use and re-purpose of the Story Mansion will drive the direction of types of funding we will seek for the full restoration of the project. With the local government property tax limitations, the City will seek any viable way to leverage additional funding. 4. Describe any potential timeline considerations that are related to permits, environmental considerations, or related activities to complete the proposed project. Most of the proposed work is exempt from any special permit and this project is “shovel ready.” Within the City of Bozeman, if there are changes to the exterior of structures in a designated historic district, a Certiflcate of Appropriateness is required. However, there are no signiflcant changes proposed to the exterior, so if 156 City of Bozeman MHPG Application for Story Mansion Phased Restoration7 | P a g e this certiflcate is required, the review time will be minimal. Likewise, there will not be any ground disturbing activities completed so no environmental type of permits will be required for this project. Statutory Criteria D: 1. Describe the historical context and signiflcance of the historic resource associated with the proposed project including: a. Heritage value related to the state of Montana; The heritage value of the Story Mansion to the state of Montana is signiflcant. First, the mansion represents the agricultural heritage of Montana. In 1893 when Montana State College of Agriculture and Mechanical Arts was instituted in Bozeman, it had a signiflcant infiuence on the development of the district as new faculty members moved in and constructed houses. The mansion also represents the entrepreneurial spirit of Montana. The Story Mansion was the primary residence for T. Byron Story, son of Nelson Story. Nelson Story was a pioneering rancher and real estate venturer making him Montana’s flrst millionaire. Upon his retirement in 1900, T. Byron Story managed the family’s vast farmland and real estate holdings, including the Story Mill, a major water-powered grain milling complex that helped establish Bozeman as an agricultural hub. Lastly, the Mansion’s architectural style designed by Link & Haire Architects, a distinguished Montana flrm and constructed by Fred Willson, who later became one of Bozeman’s most infiuential architects represents Bozeman’s pre-World War I elite. Link & Haire Architects were well-known, proliflc architects whose work can be seen in Butte, Billings, and Helena as well. Not only designing homes, Link & Haire also designed courthouses, schools, churches and other public buildings. Their legacy throughout Montana is of great heritage value to be preserved. b. The value of the resource to the local community; and The Story Mansion is a beloved historic resource in Bozeman. In 1922, the Story family sold the property to Sigma Alpha Epsilon (SAE) fraternity after enduring flnancial struggles and the collapse of the Story Mill. The fraternity occupied the estate until 2003. Due to declining enrollment, the City of Bozeman purchased 157 City of Bozeman MHPG Application for Story Mansion Phased Restoration8 | P a g e the estate and designated it as a city park in 2007. The estate is a 2.15-acre city block situated between South Willson and South Grand Avenues and West College and West Harrison Streets which is a short distance from downtown Bozeman and Montana State University. Now that it has been designated as a local community center, although not an exhaustive list, it is used for private events, meetings, farmers’ markets, concerts on the lawn in the summer, and haunted houses in the fall. Having maintained its historic authenticity, it is a signiflcant representation of Bozeman’s early 20th century grandeur. The letters of support included represent the value of this resource to Bozeman. It truly represents an era of Bozeman and Montana that many new residents are unfamiliar with until they experience the Mansion for themselves. c. Any relevant designations or listings. Yes, the Story Mansion is registered as part of the Bon Ton Historic District with the United State Department of the Interior National Park Service. While the site is not individually listed, the entire property and structures qualify for the National Register under Criterion C. 2. If the structure is listed on a local, state, or natfonal registry please include relevant documentatfon. Attached herein. 3. Describe how the proposed project will sustain the character defining features and integrity of the historic resource. This project proposes implementfng structural repairs and safety measures that will safeguard the long-term endurance of this historic resource. Additfonally, since the Story Mansion estate is registered as part of the Bon Ton Historic District, it is required to maintain the character defining features and the historic integrity. With the Save America’s Treasures grant in 2009, the City of Bozeman signed a conservatfon easement that requires the City to “reconstruct, repair, repaint, refinish, rehabilitate, preserve, and restore” according to the Secretary of the Interior’s Standards for the Treatment of Historic Propertfes. In 1991, under City of Bozeman Ordinance 1332, the Neighborhood Conservatfon Overlay District and historic preservatfon ordinance were created which ensures that any exterior changes to an existfng structure requires a certfficate of appropriateness (COA) which also applies to the Story Mansion property. 158 City of Bozeman MHPG Application for Story Mansion Phased Restoration9 | P a g e 4. Describe how the proposed project will help promote and interpret the heritage value of the historic resource for the public. The proposed project will help promote and interpret the heritage value of Story Mansion by preserving its defining architectural features while incorporatfng thoughtiul and compatfble upgrades. External preservatfon efforts will highlight the distfnguished work of influentfal Montana architects Link & Haire and master builder Fred Willson, who later became one of the region’s most prolific architects. Having designed more than 300 buildings throughout Montana, Willson remains a prominent figure in Bozeman’s architectural legacy. Contfnued restoratfon of the Story Mansion serves a meaningful tribute to his craftsmanship and enduring community impact. Interior preservatfon will further enhance public understanding by allowing visitors to directly experience the quality materials, design details, and workmanship that characterize the mansion. By maintaining and interpretfng these historic elements, the project strengthens the building’s educatfonal and cultural value. Through annual public events, educatfonal programming, and community gatherings, the project supports placemaking and fosters a strong sense of identfty with Bozeman and Montana’s shared heritage. Contfnued restoratfon will expand opportunitfes for adaptfve reuse, ensuring the historic resource remains both relevant and accessible while preserving its historic integrity for future generatfons. 5. Describe how the proposed project will adhere to the appropriate Secretary of the Interior’s Standards for the Treatment of Historic Propertfes. In 2009, when the City implemented a conditfonal use permit to use the Story Mansion and property as a community center, per sectfon 18.28.050 of the Unified Development Ordinance, the Standards for Certfficates of Appropriateness outlined that the Story Mansion property would adhere to the most recent editfon of the Secretary of Interior’s Standards for the Treatment of Historic Propertfes with Guidelines for Preserving, Rehabilitatfng, Restoring and Reconstructfng Historic Buildings (Published 1995), published by U.S. Department of the Interior, Natfonal Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservatfon Services, Washington, D.C. 6. If the project type is a historic structure, describe any future plans for the structure and contfnued commitment to preserving its historic integrity. Confirm that there are no 159 City of Bozeman MHPG Application for Story Mansion Phased Restoration10 | P a g e intentfons of demolishing the structure nor undermining its historic integrity following project completfon. The Story Mansion and property is a major focal point of the historic Bon Ton District in south Bozeman. Prior to being owned by the local chapter Sigma Alpha Epsilon, the community petftfoned the City of Bozeman to purchase the property and maintain it as a historic monument in Bozeman. In 2009, the City of Bozeman signed a 50-year conservatfon easement with the U.S. Department of Interior to maintain it as a historic property. In the same year, a conditfonal use permit was installed to use the Story Mansion as a community center. The conditfonal use permit has since been repealed, and it is now zoned as a community center. There is no intentfon of demolishing the structure or changing its historic integrity. Statutory Criteria E: 1. Describe the organizational capacity and experience with similar projects of all project partners. The City of Bozeman grants coordinator has worked with the Department of Commerce previously on different grant funded projects. Likewise, City of Bozeman staff have worked on historic restoration projects for Story Mansion previously with the National Park Service. Also, the City is part of the Certifled Local Government (CLG) program with SHPO and the historic preservation officer has worked on historic preservation in a variety of ways including for the Story Mansion. The City of Bozeman has the capacity and professional experience to take on all aspects of leadership for this project. 2. Please identify the entity/organization that will administer the grant. If possible, please also identify the primary person(s) responsible for grant management and describe their qualiflcations and/or experience with grant management. The City of Bozeman will administer this grant. The grants coordinator, Jamie Grabinski will be the flnancial and administrative manager for the project and our Parks and Recreation Department and Facilities Department will be the program managers. Jamie Grabinski has been with the City of Bozeman for nearly two years and has cumulative flfteen years of grants management for various types of grant programs including but not limited to equipment acquisition, social programming grants, and research and development grants. 160 City of Bozeman MHPG Application for Story Mansion Phased Restoration11 | P a g e Our Parks and Recreation Department and Facilities Department have extensive experience with project management for completing park developments, building remodels, and community development projects. 3. Describe a recent project completed by the entity/organization that will administer the grant, speciflcally identifying: a. any signiflcant barriers or impediments and how your organization overcame them; A recent project completed by the City was the renovation of Bozeman City Hall. This project presented several signiflcant challenges, most notably maintaining full public operations throughout construction. Seven departments continued to conduct daily business in the facility while renovation activities were occurring in adjacent areas, requiring careful coordination to ensure uninterrupted public services. One major constraint was maintaining a safe and accessible environment for staff and visitors during active construction. This was addressed through phased construction scheduling, clear wayflnding and safety signage, temporary relocations within the building, and close coordination with contractors to minimize disruptions. Additional challenges arose as departments identifled operational adjustments, space modiflcations, and programmatic needs during the course of the project. The City responded by implementing structured communication protocols, holding regular coordination meetings, and addressing issues promptly to prevent delays. Through proactive planning, fiexibility, and timely decision-making, the City successfully completed the renovation while maintaining service continuity and public safety. b. any project delays; and No, this project did not have any project delays. c. any changes to the budget. Yes, there were several budget modiflcations during the course of the project. These adjustments were primarily related to quality-of-life enhancements requested by City Management. All changes were evaluated and incorporated through established review and approval processes to ensure alignment with project goals and responsible flscal oversight. 161 City of Bozeman MHPG Application for Story Mansion Phased Restoration12 | P a g e 4. If available, please provide a copy of your organization’s most recent audit or flnancial documents. Please discuss any unresolved audit or flnancial issues. Our most recent audit can be found at https://www.bozeman.net/home/showpublisheddocument/15690/6390449301118 00000. We do not have any unresolved audit or flnancial issues. Statutory Criteria F: Describe your community’s commitment to the project according to varying levels/types of contribution. a. What degree of local cash has been committed? Please describe amounts and types. The City of Bozeman has identifled a 1:1 cash match for this project from the general fund. Therefore, if the City receives a $350,000 grant award from the Department of Commerce, it will match the grant amount up to $350,000. b. What degree of local in-kind services (time, labor, materials) have been pledged? The grant award will be utilized entirely for professional consultant services and a construction contractor. Therefore, any time and labor speciflcally allocated to this project by City staff or from the Friends of Story Mansion non-proflt will be un-documented in-kind services. c. If this is a phased project, please describe funds expended through previous phases. In 2004 to 2009, the City of Bozeman received a National Park Service Save America’s Treasures grant for the restore several items which include but are not limited to the flrst fioor living room fioor repair, fioor joists reinforcement, beams and headers reinforcement, inclusion of ADA bathrooms in the basement, mechanical/plumbing/HVAC repair, and interior upgrades. In 2012, the property had sprinklers and landscaping added. In 2022, the exterior of the mansion was fully re-painted. The Mansion is part of the routine maintenance schedule for the Parks and Recreation Department and Facilities Department so if there necessary or exigent maintenance needs 162 City of Bozeman MHPG Application for Story Mansion Phased Restoration13 | P a g e those are not necessarily part of a phased project even if the cost is signiflcant. d. What local organizations support the project? Include letters of support from at least three entities (examples: local businesses, state or local historic preservation officers or organizations, local economic development organizations, city or county officials, etc.). As stated before, the Story Mansion is a treasured historic resource for the City of Bozeman. Attached are several letters of support from the non-proflt Friends of Story Mansion, a historic preservationist consultant, board members of the City of Bozeman Historic Preservation Advisory Board, the Gallatin History Museum and the Extreme History Project. Also attached is a letter of support and commitment from the City of Bozeman City Manager. e. Describe other efforts to generate public support and awareness of the project. For example, if you have held a public meeting regarding the proposed project, please describe attendance, questions raised, etc. At present, support and awareness for this project are being shared informally through community networking and stakeholder engagement. The Grants Coordinator had an initial discussion with the President of the Friends of Story Mansion to review the grant requirements, funding parameters, and project scope. Upon award notiflcation, the City will implement a more formal public engagement strategy. This will include coordinated outreach efforts, public information sharing, and opportunities for community input to ensure transparency and continued public support throughout the project’s development and implementation. Statutory Criteria G: Describe the project’s anticipated public beneflt. a. Describe the current level of public access and use of the structure, as well as the anticipated accessibility and use upon project completion. 163 City of Bozeman MHPG Application for Story Mansion Phased Restoration14 | P a g e The current level of public access and use of the structure is limited to the flrst fioor, the basement and the outside property grounds of Story Mansion. The Story Mansion is a community center; the flrst fioor includes gathering rooms and a catering kitchen. The basement includes storage for events and ADA compliant restrooms. The Story Mansion is used weekly for open houses on Sundays, as well as other public and private events. Some examples of other public events include the annual haunted house, farmer’s markets, music and movies on the lawn, Victorian Holiday tea parties, and community theatre. Some examples of private events include weddings, private gatherings, and private parties. Story Mansion is accessible to the public and will remain accessible to the public. The project will move the full restoration of Story Mansion forwarded so that more areas will be accessible to the public. As previously stated, the project will bring the Mansion into code compliance with electrical wiring which will build capacity. It will also address structural repairs such as foundation crack repair, water intrusion mitigation, masonry, and rooflng structure issues. b. Describe when the facility will be open to the public after project completion. Depending on the item being repaired, accessibility will vary. Construction around entryways and electrical re-wiring will likely close the facility. Therefore, full closure of the facility to the public will be periodic, but it will open as soon as the project is complete. c. What proportion of the building will be open to the public upon project completion? The long-term goal of Story Mansion is complete restoration for the entire Story Mansion property to be utilized to its full potential. Upon completion of this project, access will be open to the flrst fioor, basement, and outdoor grounds. However, this phase of the restoration project will move forward the next phase more expediently. This project phase will beneflt the second and third fioors, but additional structural, plumbing, HVAC, interior flnishing is required for it to be usable space to the public. An elevator will also likely be needed to meet ADA requirements for the second and third fioor access also. d. What efforts will be made to make the building accessible to the public? 164 City of Bozeman MHPG Application for Story Mansion Phased Restoration15 | P a g e The building is currently accessible to the public and will remain accessible to the public. Moving forward, we will continue maintaining these features and make improvements to ensure an inclusive and welcoming environment for all visitors. We will also implement the next phase of the restoration to provide more accessibility and usable space of Story Mansion to the public. 165 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Procurement Coordinator Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Ratify the Grant Application to the Montana Board of Crime Control (MBCC) for a Victims of Crime Act (VOCA) Grant MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Grant RECOMMENDATION:Ratify the Grant Application to the Montana Board of Crime Control (MBCC) for a Victims of Crimes Act (VOCA) Grant STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:Through the Montana Board of Crime Control (MBCC) pass through grant funding, local law enforcement agencies can apply for Victims of Crimes Act (VOCA) grant funding for direct victim services advocacy. With an interdisciplinary team between the Bozeman Police Department Digital Forensic Analyst, two Bozeman Police Department Detectives, and the Victim Advocate, this application will support specialized training for each unit within the team that will provide comprehensive direct advocacy for victims of crime. This funding is for two fiscal years. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:Total expenditures are expected to be $46,000. Expenditures will be made in the General Fund Public Safety Department and may require a future budget amendment. Attachments: VOCA Application.pdf Report compiled on: March 11, 2026 166 Program Information Overview MBCC is soliciting proposals to offer comprehensive specialized services, tailored to the distinct needs of victims of crime under the Victims of Crime Act (VOCA), to be funded by the U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime. VOCA Federal Guidelines state that services are defined as those efforts that: 1. respond to the emotional and physical needs of crime victims; 2. assist primary and secondary victims of crime to stabilize their lives after a victimization; 3. assist victims to understand and participate in the criminal justice system; and 4. provide victims of crime with a measure of safety and security. For the purposes of this program, a crime victim is a “person who has suffered physical, sexual, financial, or emotional harm as a result of the commission of a crime.” The four federally required service categories include victims of child abuse, victims of domestic violence, victims of sexual assault, and underserved victim populations. For the purpose of this program, underserved is defined as any persons without access to victims’ services not already identified in federal categories of Domestic Violence, Sexual Assault, or Child Abuse. The application process is competitive. Previous funding does not guarantee an award during this funding cycle. Because federal funds are not always available immediately following the award date, applicants should prepare for this contingency. Eligibility Eligible applicants include state, local, and Tribal courts (including juvenile courts); Tribal governments; units of local governments, and nonprofits, nongovernmental victim services programs, including community- based organizations. Volunteers VOCA requires programs to use volunteers, to the extent required by the state administrative agency (SAA), in order to be eligible to receive VOCA funds. MBCC may waive this requirement, provided that the program submits written documentation of its efforts to recruit and maintain volunteers, or otherwise demonstrates why circumstances prohibit the use of volunteers, to the satisfaction of MBCC. Project Period Applications and all components must be submitted based upon a 24-month project period. The project period begins July 1, 2026 and concludes June 30, 2028. Funds may not be expended or obligated prior to July 1, 2026. Funding is for a two-year grant period, applicants under this funding opportunity will not be eligible to apply until 2026 if applying for the same project. Cash or In-Kind Match * The match has been waived for the grant cycle July 1, 2025 - June 30, 2027. There will be no match requirements for this application. However, you will be required to sign a Match Waiver at the time of 167 accepting the award. Matching contributions of 20% (cash or in-kind) of the VOCA project must be derived from non-federal sources. Applicants that are a Federally Recognized Tribe or provide services on a Native American reservation are not required to provide match. All funds designated as match are restricted to the same uses as VOCA victim assistance funds and must be expended within the grant project period. Cash match, also called hard match, are funds from a source other than grant funds that are requested for the applicant’s project. An allowable cash match must include costs which are allowable with federal funds. In-kind match or soft match includes but is not limited to the valuation of non-cash contributions. Allowable soft match may be in the form of services, supplies, real property or equipment and must include costs which are allowable with federal funds. Note: As of October 1, 2024, the Uniform Guidance found in 2 C.F.R. 200 has revised terminology from “Match” to “Cost Share.” First-Time VOCA Applicants First-Time VOCA applications must: * Match requirements for first time applicants will be required for this application and match has not been waived as stated in "Cash or In-kind Match" section. 1. Demonstrate a record of providing direct services to crime victims and survivors; and 2. Show that 25% of the project budget contains funds from non-federal sources; description should be included in the Budget Narrative. This requirement should not be confused with the VOCA required 20% match of the federal (MBCC share). When first-time VOCA applicants demonstrate the 25% nonfederal source in the budget narrative, it can include all or a portion of the 20% match of nonfederal sources. Funding Priorities The Board will award 100% of the federal allocation. Funds will be awarded in the four federally required service categories: 1. Domestic Violence 2. Sexual Assault 3. Child Abuse 4. Underserved Populations VOCA Statutory Requirements Programs must be operated by a public agency, private nonprofit organization or a combination of such agencies; Programs must demonstrate a record of providing effective services to crime victims. This includes having the support and approval of its services by the community, a history of providing direct services in a cost-effective manner, and financial support from other sources; Programs must utilize volunteer(s); Within the community, programs must promote coordinated public and private efforts to aid crime victims; Programs must provide assistance to potential recipients of crime victim compensation benefits; and Programs cannot discriminate against victims based on disagreement with the state’s prosecution of the criminal case. Office for Victims of Crime Requirements 168 Matching contributions of 20% (cash or in-kind) of the total cost of the VOCA project (federal funds plus local match) are required and must be derived from non-federal sources. All funds designated as match are restricted to the same uses as the federal funds and must be expended within the grant period. Applicants that are a Federally Recognized Tribe or provide services on a Native American reservation are not required to provide match. A match waiver may be requested through the MBCC. For more information, please refer to B-07 on the MBCC Policies and Bylaws webpage. Programs must maintain information on the demographic characteristics of the clients they serve. These data include information about the clients’ age, gender, nationality/ethnic origin and disability; Programs must provide services to victims of federal crimes on the same basis as victims of state or local crimes; Programs must provide services to crime victims, at no charge, through the VOCA-funded project; Programs must maintain client-counselor confidentiality and confidentiality of research information; and The Project Director, along with all individuals who provide direct services to victims under an MBCC funded program, must complete the Office of Civil Rights training and maintain records of certification. Allowable Direct Services Current Federal guidelines require that VOCA funds be used to provide direct services to individual crime victims. Direct services include, but are not limited to: Crisis intervention Emergency services such as shelter, transportation, and food; Support services such as follow-up counseling, personal or legal advocacy, referral to other service agencies; Court related services such as legal advocacy or emotional support during trial and parole/probation hearings; Recruitment, training, and coordination of volunteers who provide direct services to victims; Personal advocacy such as intervention with employers; Restitution advocacy; Victim impact panels; and Court Appointed Special Advocates working directly with child victims of crime or coordinating volunteers that work directly with child victims of crime. Activities that are not allowed include, but are not limited to: Victim compensation costs which would otherwise be eligible for state or federal victim compensation reimbursement; Prevention activities; Lobbying for victim legislation, system improvement, etc.; Offender rehabilitation/treatment; and Research projects. Best Practices and Provisions and Evidence-Based Direct Services to Crime Victims Applicants are strongly urged to provide direct services to crime victims that have a demonstrated evidence base and are appropriate for the target population. Applicants must specify the evidence-based practice being proposed and how the services are to be implemented and monitored for quality and efficacy. Identify and discuss the evidence showing the proposed practice is effective, discuss the population(s) for which the practice has been shown effective, and demonstrate how it is appropriate for the proposed target population. If the evidence is limited or non-existent for the target population, provide other information to support the selected intervention, including validated screening and assessment tools used to support the intervention. The Office of Justice Programs (OJP) places a strong emphasis on the use of data and evidence in program development. OJP is committed to improving the quantity and quality of evidence it generates; integrating evidence into program, practice, and policy decisions within OJP and the field; and improving the translation of evidence into practice. OJP considers programs and practices to be evidence-based when their effectiveness has been demonstrated by causal evidence, generally obtained through one or more outcome 169 evaluations. Causal evidence documents a relationship between an activity or intervention (including technology) and its intended outcome, including measuring the direction and size of a change and the extent to which a change may be attributed to the activity or intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent possible, alternative explanations for the documented change. The strength of causal evidence, based on the factors described above, will influence the degree to which OJP considers a program or practice to be evidence-based. OJP’s Crime Solutions web site, http://www.crimesolutions.gov/, is a resource applicant may use to find information about evidence-based programs. Prohibited Uses Funds shall not be used for land acquisition or construction projects. Grant Funds Distribution All grant funds are provided to subgrantees on a reimbursement basis, with proof of expenses incurred. Limitations and Fund Use All MBCC grant funds are governed by the U.S. Department of Justice grant program’s legislation, statutes, and regulations and the Uniform Guidance found in 2 C.F.R. 200 of the Office of Management and Budget. In addition to the DOJ, the Office of the Chief Financial Officer provides policy guidance, financial control, and support services in the areas of grants, accounting, and financial management. To be allowable under federal awards, costs must meet the following general criteria: Be necessary, reasonable, and allocable for proper and efficient performance and administration of the award; Be authorized or not prohibited under State, local or tribal laws or regulations; Conform to any limitations or exclusions set forth in the Uniform Guidance or other governing regulations as to types or amounts of cost items; Be consistent with policies, regulations, and procedures that apply uniformly to both federal awards and other activities of the organization; Be accorded consistent treatment (a cost may not be assigned to a federal award as a direct cost if any other cost incurred for the same purpose in a like circumstance has been allocated to the federal award as an indirect cost); Be determined in accordance with generally accepted accounting principles; Not be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior period, except as specifically provided by federal law or regulation; and Be adequately documented. For specific information regarding allowable or unallowable costs, refer to the Uniform Guidance found in 2 C.F.R. 200. For Montana-specific regulations, refer to the Montana Operations Manual. Applicant's Acknowledgment Program Information Provided to Applicant Yes, I have read the above information. 170 Application Instructions Deadline Applications must be submitted online, on or before February 19, 2026 at 12:00 p.m. noon. Applications will be submitted in Euna Grants. To mitigate any potential submission difficulties, MBCC strongly urges application submission 72 hours prior to the deadline. Late applications will not be processed or awarded. Schedule of Events Submission Open Date January 8, 2026 12:00 p.m. Pre-Application Offeror’s Call January 14, 2026 10:00 a.m. Deadline for receipt of written questions February 12, 2026 at 5:00 p.m. Responses to questions will be posted on Euna Grants within seven calendar days of receipt. Application Submission Deadline February 19, 2026 12:00 p.m. noon Staff and Committee Review February 2026 – April 2026 Application Review Committee (ARC)April 2026 (tentative) Board of Crime Control Approval June 2026 (tentative) Project Start Date July 1, 2026 Project End Date June 30, 2028 Pre-Application Offeror's Call MBCC will host a pre-application Offeror’s Call on January 14, 2026 at 10:00 a.m. MBCC staff will review the solicitation requirements and conduct a question and answer session with interested potential applicants. To participate in the Offeror’s Call, click the Join Zoom Meeting link below or join by phone. Join Zoom Meeting Meeting ID: 823 3968 9560 Password: 565569 Or join by phone: +1 646 558 8656 or +1 406 444 9999 Applicants may also contact Misti Dauenhauer at (406) 444-7010 or Misti.Dauenhauer@mt.gov to have the Offeror’s Call information sent directly to them. We recommend downloading the step-by-step guide, "How to Submit an Application in AmpliFund", before attending the call so that you may follow along with the training presented. Questions Submission Information Responses to questions will be posted on Euna Grants within seven calendar days of receipt. 171 Applicants having questions or requiring clarification or interpretation of any section within this funding opportunity must address these issues via email on or before February 12, 2026 at 5:00 p.m. Email your questions to mbcc@mt.gov. Clear reference to the application section and item in question must be included in the request. Questions received after the deadline will not be considered. Program-specific questions cannot be addressed during the solicitation period. Written responses to all questions received by the deadline will be posted in the Opportunity Details section of this funding opportunity within seven calendar days. Applicants should consult the Question Submission response prior to posting a question to avoid duplication and prior to submitting an application to avoid missing potentially assistive material. Any other form of interpretation of this application will not be binding upon MBCC. Crime Statistics Applicants are encouraged to utilize data to demonstrate the need to fund services in their area. Statistics on crimes reported to law enforcement in Montana are available from the Montana Board of Crime Control’s (MBCC) Statistical Analysis Center (SAC) as well as the Federal Bureau of Investigation. Links to websites with publicly available crime statistics are below: MBCC Statistical Analysis Center Federal Bureau of Investigation Proposals should focus on data directly related to the purpose of the grant program. Interactive data dashboards on the Montana Crime Data webpage provide crime statistics specific to most grant programs administered by the MBCC. These interactive dashboards provide statistics on crimes of violence, sexual assault, domestic violence, drug offenses, and rates of reported offenses by population size. Applicants should analyze and include all crime statistics that are relevant to their project and proposal. Applicants in need of additional data or technical assistance with the data dashboards on the Montana Crime Data webpage may submit a request to the SAC. Applicants should be aware the SAC may need up to 5 business days to process data requests and factor that into application deadlines. Receipt Verification All applications submitted by the submission close date will receive an email acknowledgment. Late applications will not be processed or awarded. UEI Number and SAM Registration Applicants are required to have a Unique Entity Identifier (UEI) number and to maintain a current registration in the System for Award Management (SAM). To register with SAM, apply online or call the Federal Service Desk at 1-866-606-8220. More information about UEI is here: https://gsa.gov/entityid. Applicants must begin the process to obtain a UEI number and SAM registration immediately to ensure meeting the application deadline. FOIA Disclosure Do not submit information or documents other than those specified in this solicitation. Any materials submitted as part of an application may be released pursuant to a request under the Freedom of Information Act. 172 Civil Rights Training and EEO Acknowledgement As required by the U.S. Dept. of Justice, Office for Civil Rights and as a condition of the grant programs through the Montana Board of Crime Control (MBCC), I acknowledge the following: An agency representative must view the Office for Civil Rights – Training For Grantees and complete the Civil Rights Training Certification form. An agency representative must review the Equal Employment Opportunity (EEO) Tool and provide a copy of the agency’s EEO certificate. Instructions for these requirements are available on the MBCC website at MBCC - Subgrantee Resources. At the time of application, these trainings/tools were not available on the U.S. Dept. of Justice, Office for Civil Rights website. When they become available, the MBCC Program Manager will provide additional information for completion. Suitability Determination to Interact with Participating Minors As required by the U.S. Department of Justice, Office of Justice Programs and a condition of the grant through the Montana Board of Crime Control, all subgrantees are required to adhere to the Determination of Suitability to Interact with Participating Minors. * Effective September 2019, any covered individual who is expected or reasonably likely to interact with any participating minor must have a criminal background check every five years. All of the requirements for this Certified Assurance can be found at https://www.ojp.gov/funding/explore/interact-minors. Please read the entirety of this Certified Assurance before completing this form and performing the criminal background checks. Adherence is required to be submitted to MBCC at the time of the award. For each individual at least 18 years of age who is a covered individual under the current award, a fingerprint search must be conducted. If the recipient or subrecipient documents that a fingerprint search is not legally available, a name-based search, using current and, if applicable, previous names and aliases, may be completed instead. MBCC Resources to adhere to this requirement: Individuals Determined Suitable to Interact with Participating Minors form Determination of Suitability to Interact with Minors procedure Example policy Applicant's Acknowledgment Application Instructions Provided to Applicant Yes, I have read the above information. 173 Budget Instructions Budget Narrative and Proposed Budget Note: You will use the Proposed Budget to identify line-item resource requirements for the proposed project. For each budget line item in the Proposed Budget, provide a short narrative to identify that resource's use within the project. When completing the Budget Narrative, consider the line-item narratives entered in the Proposed Budget to assist in explaining and justifying budget items requested for each category. Lump sum money amounts for payment of contracted services, salaries or items are not allowed. Budgeted amounts must detail an hourly salary pay breakdown explaining the lump sum for budget items will not be allowed. Money amounts provided for any budget item must have a detailed explanation including a cost breakdown for it. The grantee will be required to submit supporting receipts, invoices and/or other supporting documentation to receive reimbursement for these costs at the time of submitting a reimbursement request to MBCC once a grant award has been received. Lump sum supplies unallowable example: “Supplies $80.00” Allowable supplies example (if applicable to your specific grant): “Supplies. Copy paper for 1 year used for record keeping and client information copies. 2 boxes with 12 reams per box. Cost per box: 40.00. 40 x2 = 80.00 in copy paper. Unallowable client service example: “Case manager services” billed at a lump sum amount of $2,500 a month with no further detail or specifics. What is required (allowed) instead: The case manager job description showing their duties specifically related to the grant. The time the case manager spends doing these grant related duties per reporting period. A supervisor verified time sheet showing the case manager’s time spent on the grant for each reporting period. An actual number of grant-supported clients that case manager serves each reporting period. If no work is performed or is performed towards clients NOT related to the grant, no reimbursement for that cost of the case manager will occur. Non-Supplanting Requirements Funds must be used to supplement existing funds for program activities and cannot replace, or supplant, nonfederal funds that have been appropriated for the same purpose. In other words, if the grant did not exist, would an employee, service, equipment, etc. being requested for reimbursement with grant funds be paid otherwise through the agency or provider if the grant funds didn’t exist. If that answer is yes, grant funds may not be used to pay these things as that would be supplanting. Federal Indirect Cost Rate Agreement Indirect costs must be requested in accordance with Uniform Guidance found in 2 C.F.R. Part 200.414. Applicants using a Federally Approved Indirect Cost Rate plan or negotiated indirect cost rate plan, must upload a copy of the document. If no document is provided, indirect costs requests will not be considered. Refer to MBCC policy B-08 Indirect Costs and Indirect Cost Information Page for additional information. Cash or In-Kind Match 174 The budget must include the required 20% match as a percentage of the total project budget. Specifics of the match must be clearly identified in both the Proposed Budget and Budget Narrative. Match has been waived for grant cycle July 1, 2025 - June 30, 2027, there will be no match requirements for this application. Applicants that are a Federally Recognized Tribe or provide services on a Native American reservation are not required to provide match. Matching contributions of 20% (cash or in-kind) of the VOCA project must be derived from nonfederal sources. All funds designated as match are restricted to the same uses as VOCA victim assistance funds and must be expended within the grant project period. Identify the source of the match and the anticipated expenses that will be obligated by the match in the budget narrative. The budget must include the required match as a percentage of the total project budget. Specifics of the match (amount and source) must be clearly identified on both the Project Budget and Budget Narrative. Total match amounts must be tracked separately and in full. In-Kind match must be supported by documentation to show fair market value and be available upon request. Match does not need to be included in each category. A VOCA Match Waiver may be requested through the MBCC. Consult the Subgrantee VOCA Match Waiver Request Policy for information and instructions regarding this process. Requests for a VOCA Match Waiver will not affect an applicant’s eligibility under this Funding Opportunity. Position Classification Montana Labor Standards Exempt: An individual who is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) because he or she is classified as an executive, professional, administrative or outside sales employee, and meets the specific criteria for the exemption. Certain computer professionals may also be exempt. With some limited exceptions, exempt employees must be paid on a salary basis. Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis. Salaried: An individual who receives the same salary from week to week regardless of how many hours he or she works. Exempt employees must be paid on a salary basis, as discussed above. Nonexempt employees may be paid on a salary basis for a fixed number of hours or under the fluctuating workweek method. Salaried nonexempt employees must still receive overtime in accordance with federal and state laws. Hourly: An individual who receives an hourly wage for work performed. Generally, such individuals, because of the method of payment, are classified as nonexempt and are subject to the overtime provisions of the FLSA. Exempt computer professionals may also be paid on an hourly basis, as could those exempt under the professional exemption, such as teachers, lawyers, doctors, and still retain their exempt status. Employee Health and Welfare Process A documented employee health and welfare policy is required if health and welfare costs are included in the budget. If the subgrantee entity applies for employee health and welfare costs in their funding opportunity application budget, the entity’s documented policy must be submitted following the Board’s decision to award funding. Health and welfare costs will not be reimbursed until MBCC has received and approved the policy. For more information, please refer to our Employee Health and Welfare Process. Applicant's Acknowledgment Budget Instructions Provided to Applicant Yes, I have read the above information. 175 176 Performance Plan Instructions Strategies and Goals In the Performance Plan of the application, you will identify the goals for your project. You will be required to report quarterly on your goals to evaluate the progress of your project. For VOCA, your project's goals should be concerned with this strategy: 1. To provide direct victim comprehensive services to those affected by domestic violence, sexual assault, child abuse and underserved populations. Underserved population will include any persons without access to victims’ services. (3-5 goals) Before you begin, develop 3-5 big-picture goals that represent the work of your program during the grant period. Goals should align with your strategy and needs statement. You may select either milestone (date- based) or numeric (quantitative) goal types. Ensure that each goal is specific, measurable, achievable, realistic and time bound (SMART). Review the scoring criteria below before submitting your application to ensure you have included all the required information. See the goal examples below for additional guidance. Creating Goals 1. Use the add goal (+) button to create a new goal. Select either milestone or numeric based on the targets you have identified. 2. Under Name provide a one sentence description of the goal. 3. Under Description add work activities that your organization will complete to achieve that goal within the grant period. Include a minimum of one activity per goal. Be sure to include tracking mechanisms and deadlines where applicable. 4. Input a target. Numeric goal: Number to be Achieved, Milestone goal: Due Date. 5. Repeat steps 1-4 until you have created 3-5 goals. Scoring Criteria Make sure that your Performance Plan clearly addresses each of the following: Three to five big-picture goals, each containing a description and a minimum of one activity. Goals are aligned with project Strategy and Needs Statement. Goals are specific, measurable, achievable, realistic, and time-bound. Tracking mechanisms and deadlines are included. Examples Example 1 Goal Type Numeric Name Provide advocacy services to 150 primary or secondary victims in Lewis and Clark County by the end of the grant period. Description The victims advocate will track each client using VS track. Our goal of 150 clients is an increase from the 120 individuals served from 2019-2021. Activities 1. Ensure tracking software and procedures are up to date by the end of the first quarter. 2. Hire and train a second victims advocate throughout the first two quarters. 3. Revisit this goal one year into the grant and adjust target as necessary to reflect community need. Number to be Achieved 177 150 Example 2 Goal Type Milestone Name To achieve 95% average program completion rate by the end of the grant period. Description Program manager will track the at-risk youth enrolled in the delinquency prevention program and work with providers to identify and address barriers to completion. The program’s current average completion rate is 85%. Activities 1. Develop a pre and post program survey for participants to complete that includes program evaluation. Create survey by the end of the second quarter. 2. Implement quarterly meetings with providers to check-in on progress and challenges. 3. Increase youth group sessions to weekly from monthly. Implement this in the first quarter. Due Date 6/30/2027 Applicant's Acknowledgment Performance Plan Instructions Provided to Applicant Yes, I have read the above information. 178 Application Processing and Award Initial Screening An initial screening of the applications received by the due date will occur to check the applications for completeness. If any required documents are not submitted, the score received on the application may be impacted. All required documents must be completed and submitted before funds are awarded. Scoring Applications will be scored for responsiveness to the program scope and the requirements of this opportunity. The following scoring criteria will be used to evaluate each application, with different weight given to each, based on the percentage value listed: Proposed Budget and Budget Narrative 30% of 100 Executive Summary 10% of 100 Needs Statement 20% of 100 Performance Plan 25% of 100 Collaboration Plan 10% of 100 Sustainability Plan 5% of 100 Any application failing to achieve 60% of the total available points will be recommended for elimination from further consideration. Applications receiving a score of 60% and above will be referred to the MBCC Application Review Committee. VOCA Priority Points For applications that have received the 60% minimum score, the ARC will consider the following criteria when reviewing proposals for funding. Geographic Area Priority Points 2 - Rural - The region either has no accessible victim services/resources, and/or lacks victim services/resources greatly and/or the region has some services rendered by one entity. If that entity was not there, no services would be accessible in the region, as reported by the applicant. Population < 10,000. 1 - Semi-Urban - The region has some resources rendered by more than one entity and/or the region may have similar services accessible if one entity was not providing services any longer in the region, as reported by the applicant. Population 10,000 - 49,000. 0 - Urban - The region represents a comprehensive hub of accessible victim services/resources and services will still be available in this region if one program is underfunded or not funded, as reported by the applicant. Population > 50,000. List of priority points by county Federal Priority Points Federal Priority Points are directed/established by OVC VOCA guidelines. Points will be awarded in the four federally required service categories: Applicants that demonstrate prioritization of these services categories in the VOCA SAR form will be awarded point(s). An applicant is awarded 2 points if 2 or more scorers felt the criteria was met. Domestic Violence – 2 points Sexual Assault - 2 points Child Abuse – 2 points Underserved Populations – 2 points 179 Application Review Committee (ARC) For applications that have received the 60% minimum score, the ARC will provide recommendations to the MBCC Board of Directors for final funding decisions/awards. Funding will be recommended based on availability of funding, Board priorities and funding criteria, and not solely on basis of highest application score. Applicants will receive written notice of the ARC recommendation. Appeals Per MBCC policy B-04, if the ARC recommends denial, the applicant may appeal the recommendation. The appeal must address one of the following criteria: The Request for Proposal was inaccurate. Staff provided misinformation. Staff failed to follow MBCC policy. A specific geographic region would no longer have any available program in a service category. Applicants who receive an ARC funding recommendation are not eligible to appeal unless one of the criteria listed above can be claimed. Awards The MBCC Board of Directors will review all ARC recommendations and reserves the right to make final funding decisions. Funding will be awarded based on the availability of funding and Board priorities, and not solely on the basis of highest application score. Following Board action, each applicant will receive: an Intent to Award Notice, Partial or Funds Delay letter (if awarded but the funds are unavailable), or a denial letter. If funded, the application and award documents form a legal and binding agreement with MBCC requiring the applicant to perform all goals and objectives as submitted, and to adhere to the approved budget. All grantees are required to fill out and return a Risk Assessment as part of the award documents. The Risk Assessment will determine the level of monitoring of the applicant. Awards to high risk applicants may carry additional special conditions such as increased monitoring and/or prohibitions on reimbursement until certain requirements are met. High risk grantees with substantial or persistent performance or compliance issues, long-standing open audits, or open criminal investigations will likely result in a delay in funds until issues are resolved. Grantee Responsibilities Post-Award All MBCC grantees must submit online reports within 15 days following the end of each reporting period. These reports include, but are not limited to: Financial Reports Program Reports Payment Requests Quarterly reporting periods are as follows: Reporting Period Report Due Date Quarter 1: July 1 – September 30 October 15 Quarter 2: October 1 – December 31 January 15 Quarter 3: January 1 – March 31 April 15 Quarter 4: April 1 – June 30 July 15 180 All Final Financial reports are due within 45 days of the project end date. Grantee acknowledges that failure to provide all types of reporting as required will cause grant funding to be delayed or rescinded. Applicant's Acknowledgment Application Processing and Award Information Provided to Applicant Yes, I have read the above information. 181 Response - 1. Project Information Project Dates Project Start Date 7/1/2026 Project End Date 6/30/2028 Primary Grant Activities Point of Contact This individual does not have any authority pertaining to the grant and is simply the main point of contact for day-to-day communication. Signatures and official decision-making must come from the Official Budget Representative, Project Director, and Financial Officer. Name Jamie Grabinski Phone 406-582-2364 Email jamie.grabinski@bozemanmt.gov 182 Response - 2. Project Personnel Project Personnel Required if funding for personnel requested. Provide details for each position in the requested budget, whether paid by MBCC or used as match. For Position Name, provide the person's real name, like "Jane Smith". Or use a title, like "Victim Advocate 1". Use the same name for Position Name that is used for the line item in the Proposed Budget. Position Classification definitions are: Exempt: An individual who is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) because he or she is classified as an executive, professional, administrative or outside sales employee, and meets the specific criteria for the exemption. Certain computer professionals may also be exempt. With some limited exceptions, exempt employees must be paid on a salary basis. Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis. For Position Description, upload a file that clearly outlines the roles and responsibilities of the position and how the position is specifically part of the organization applying for MBCC resources. Organizational Chart Organizational chart for the personnel included in the requested budget, whether paid by MBCC or used as match. Organizational Chart Position 1 Position 1 - Name Position 1 - Classification Exempt Nonexempt Position 1 - Description Position 2 Position 2 - Name Position 2 - Classification Exempt Nonexempt Position 2 - Description Position 3 Position 3 - Name Position 3 - Classification Exempt Nonexempt 183 Position 3 - Description Position 4 Position 4 - Name Position 4 - Classification Exempt Nonexempt Position 4 - Description Position 5 Position 5 - Name Position 5 - Classification Exempt Nonexempt Position 5 - Description Position 6 Position 6 - Name Position 6 - Classification Exempt Nonexempt Position 6 - Description Position 7 Position 7 - Name Position 7 - Classification Exempt Nonexempt Position 7 - Description Position 8 Position 8 - Name Position 8 - Classification Exempt Nonexempt Position 8 - Description Position 9 Position 9 - Name Position 9 - Classification Exempt Nonexempt Position 9 - Description Position 10 184 Position 10 Position 10 - Name Position 10 - Classification Exempt Nonexempt Position 10 - Description Position 11 Position 11 - Name Position 11 - Classification Exempt Nonexempt Position 11 - Description Position 12 Position 12 - Name Position 12 - Classification Exempt Nonexempt Position 12 - Description Position 13 Position 13 - Name Position 13 - Classification Exempt Nonexempt Position 13 - Description Position 14 Position 14 - Name Position 14 - Classification Exempt Nonexempt Position 14 - Description Position 15 Position 15 - Name Position 15 - Classification Exempt Nonexempt Position 15 - Description 185 Response - 3. Budget Narrative The Budget Narrative must: Explain and justify all budget items based on project activities. For each category, all requested information must be included in the category narrative and in the Proposed Budget. Show detailed cost calculations to demonstrate how the applicant arrived at the total amount requested. Ensure all costs are allowable to the program. Include accurate financial resource disclosure. Match Calculation Formula: Step 1 Total Project Cost x % of Recipient’s Share =Required Match (recipient’s share) Step 2 Total Project Cost -Required Match =Federal Share (MBCC share) Example: Step 1 $62,500 Total Project Cost x 25% Recipient’s Share =$15,625 Required Match (recipient’s share) Step 2 $62,500 Total Project Cost -$15,625 Required Match =$46,875 Federal Share (MBCC share) Use the MBCC Match Calculator to verify your calculations. Personnel List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Include a description of the responsibilities and duties of each position in relationship to fulfilling the project goals. Show funding sources for FTE even if only partial funding support from MBCC is requested. Personnel Calculation Example Personnel/Salary: Position Title (i.e. Administrative Assistant) – Taylor Smith 1 FTE @ $15.38/hr. = $31,990.40 MBCC funding = .5 FTE (1040 hrs.) @ $15.38/hr. = $15,995.20 Other funding source (County surcharge fees) = .25 FTE (520 hrs.) @ $15.38/hr. = $7,997.60 Other funding source (Federal grant) = .25 FTE (520 hrs.) @ $15.38/hr. = $7,997.60 Grand Total = $31,990.40 Personnel We are not requesting funding for personnel. Fringe Benefits 2 CFR 200.431 - Fringe benefits are allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages. Fringe benefits should be based on actual known costs to include health insurance and retirement if offered by the applicant agency. List all of the fringe benefits individually in accordance with state and federal guidelines for fringe benefit 186 calculations. Fringe benefits are for the personnel listed in the Personnel budget category and only for the percentage of time devoted to the project. Fringe Calculation Example The Montana Department of Labor & Industry announces that the Unemployment Insurance (UI) Taxable Wage Base for 2020 will be $34,100. The SUTA rate used in this example is for illustration purposes only. Fringe Benefits: Position Title (i.e. Administrative Assistant) – Taylor Smith Benefits are based on current payroll costs for a full-time position. FICA (Social Security & Medicare)$31,990.40 x 7.65%$2,447 Worker’s Compensation $31,990.40 x .8%$256 FUTA – on first $7,000/yr.$7,000 x .6%$42 SUTA – on first $34,100/yr.$31,990.40 x .5%$160 Retirement $31,990.40 x 8.17%$2,614 Health Insurance $31,990.40 x 7.7%$2,463 Total Fringe Benefits $7,982 MBCC funding = $7,982 x .5 = $3,991.00 Other funding source (County surcharge fees) = $7,982 x .25 = $1,995.50 Other funding source (Federal grant) = $7,982 x .25 = $1,995.50 Fringe Benefits We are not requesting funding for personnel. Travel Itemize travel expenses of staff personnel (e.g. staff to training, field interviews, advisory group meeting, etc.). Describe the purpose of each travel expenditure in reference to the project objectives. Show the basis of computation (e.g., six people to 3-day training at $X airfare, $X lodging, $X meals). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved. Identify the location of travel, if known; or if unknown, indicate "location to be determined." Indicate whether applicant's formal written travel policy or the Federal Travel Regulations are followed. All travel expenses are reimbursed at the Montana State travel reimbursement rates. Note: Travel expenses for consultants should be included in the “Contracted Services” data fields under that budget category. When budgeting for travel and per diem refer to GSA Per-Diem Rates for lodging rates (in-state and out- of-state) and the Montana Operations Manual for current per diem rates. Grant awardees must request prior approval for out of state travel from MBCC on the designated prior approval travel form located on the MBCC website. This out of state travel approval must be completed prior to any out of state travel even if the awarded applicant’s post award budget has this travel item included. Travel We are requesting $36,000 for travel and training. Each training is for the purpose of learning best practices to advocate and interact with the community and victims including women and children. We are requesting $12,360 for the victim witness advocate and one detective to attend the Conference on Crimes Against Women (CCAW) in Dallas, TX. The breakout is as follows: two people to attend two annual conferences at ($850*2)*2=$3,400 for airfare, ($295*2)*2=$1,180 for meals, ($1,100*2)*2=$4,400 for hotel, ($85*2)*2 =$680 for bags on the flight, and ($675*2)*2=$2,700 for CCAW conference registration. We are requesting $18,694 for our forensic analyst to attend the Best Practices in Mac Forensics training of the International Association of Computer Investigative Specialists in Orlando, FL. The breakout is as follows: one flight for 187 two years is $665*2 =$1,330, $158*14 nights for hotel stay 2 years =$4,424, $65/per diem for 14 days 2 years =$1,820, ($85*2)*2 years for bags on the flight =$340, and one 14-day conference (two sessions) *2 years =$10,780. We are requesting $700 for online training for our victim advocate through the National Organization for Victim Advocacy Credentialing (NOVA) $350 per year for two years. Lastly, we are requesting $4,246 for one detective to attend the annual Internet Crimes Against Children conference. The conference location has not been determined yet. In CY2024, it was held in Seattle, Washington. The cost breakout is as follows: one detective to attend 4-day training at ($513*1)*2 =$1,026 for airfare, ($75*4)*2=$600 for per diem (per diem rate of Bozeman, MT used for this estimate), ($285*4)*2 =$2,280 for 4 days hotel stay for 2 different annual conference years, and ($85*2)*2 for bags on the flight for 2 different annual conference years. The City's travel policy is followed for travel unless prohibited by the federal grant agency regulations. All travel and training expenses requested are for City of Bozeman employees that have direct interaction with victims. Equipment List non-expendable items that are to be purchased. Equipment is defined as tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-federal entity for financial statement purposes, or $10,000. Expendable items should be included in the "Supplies" category. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technological advances. Rented or leased equipment costs should be listed in the Consultants/Contracts category. Explain how the equipment is necessary for the success of the project and describe the procurement method to be used. Equipment We are not requesting any equipment with this grant funding. Supplies List items by type (office supplies, postage, training materials, copy paper, and expendable equipment items costing less than $10,000, such as books, handheld tape recorders) and show the basis for computation. Generally, supplies include any materials that are expendable or consumed during the course of the project. The supplies are for the services provided with these grant funds, not the agency’s entire supplies unless it is the only services offered with the grant. Supplies We are requesting $800 for training materials for the National Advocate Credentialing Program and the conflict management course. Contracted Services 188 Contracted Services generally include those services that are benefiting an applicant’s clients. For example: A contract with a licensed therapist. Procurement Contracts (see “Contract” definition at 2 CFR 200.22): Provide a description of the product or service to be procured by contract and an estimate of the cost. Indicate whether the applicant’s formal, written Procurement Policy or the Federal Acquisition Regulation is followed. Applicants are encouraged to promote free and open competition in awarding procurement contracts. A separate justification must be provided for sole source procurements in excess of the Simplified Acquisition Threshold set in accordance with 41 U.S.C. 1908 (currently set at $250,000). Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8-hour day), and estimated time on the project. Consultant fees in excess of the DOJ grant-making component’s maximum rate for an 8-hour day (currently $650) require additional justification and prior approval from the respective DOJ grant-making component. Contracted Services We are not requesting grant funds for contracted services. Indirect Indirect costs are allowed only if: The applicant has a current, federally approved indirect cost rate. Or the applicant is eligible to use and elects to use the “de minimis” indirect cost rate described in 2 C.F.R. 200.414(f). For a federally approved indirect cost rate: An applicant with a current, federally approved indirect cost rate must attach a copy of the rate approval, (a fully-executed, negotiated agreement). If the applicant does not have an approved rate, one can be requested by contacting the applicant’s cognizant Federal agency, which will review all documentation and approve a rate for the applicant organization, or if the applicant’s accounting system permits, costs may be allocated in the direct costs categories. Applicant Indian tribal governments, in particular, should review Appendix VII to Part 200—States and Local Government and Indian Tribe Indirect Cost Proposals regarding submission and documentation of indirect cost proposals. Narrative for any indirect costs should clearly state which direct costs the indirect cost agreement is being applied to. For a “de minimis” indirect cost rate: In order to use the “de minimis” indirect rate an applicant would need to attach written documentation to the application that advises MBCC of both the applicant’s eligibility (to use the “de minimis” rate) and its election. If the applicant elects the de minimis method, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. In addition, if this method is chosen then it must be used consistently for all federal awards until such time as the applicant entity chooses to negotiate a federally approved indirect cost rate. See paragraph D.1.b. in Appendix VII to Part 200—States and Local Government and Indian Tribe Indirect Cost Proposals for a description of entities that may not elect to use the “de minimis” rate. Refer to MBCC policy B-08 Indirect Costs and Indirect Cost Information Page for additional information. Indirect 189 We are not requesting funding for indirect expenses. Other List items (e.g., rent, telephone, janitorial or security services, and investigative or confidential funds) by type and the basis of the computation. For example, provide the square footage and the cost per square foot for rent, or provide a monthly rental cost and how many months to rent. These charges should be prorated based on the percentage of use or clients served with this grant. Other We are not requesting funding for other items. 190 Response - 4. Executive Summary The Executive Summary should summarize the proposed project, and should be written for a general public audience, and provide an outline limited to the scope of the program. Example format: One to two sentences for description of the issue. Three to four sentences outlining how this year’s award will be utilized. One to two sentences describing the outcome. Executive Summary The City of Bozeman victim services advocacy program serves as the primary program for City of Bozeman residents. The City of Bozeman’s victim services advocacy is a multi-disciplinary team approach with each discipline requiring role specific training. Therefore, with MBCC VOCA funding, it will allow key personnel in victim services to attend necessary training for leadership, direct advocacy, and forensic knowledge. The victim witness advocate and one detective will attend the Conference on Crimes Against Women. Additionally, the forensic analyst will attend digital forensic recovery training and our SVU detectives will attend additional training at the Internet Crimes Against Children conference. Each of these training opportunities will better equip our victim witness team with new best practices of working with victims, advocating on their behalf, and building trust in community outreach and engagement. 191 Response - 5. Needs Statement Identify the problem(s) to be addressed and validate the need for the proposed program and services. Identify how the Goals are related to the need. Include current regional and community data, that is less than 5 years old by utilizing the Statistical Analysis Center’s Dash Board or other data sources. Date range of the data needs to be identified. Needs Statement Being a victim of crime and trying to navigate the criminal justice system alone can be an overwhelming experience. Therefore, it is essential to have an advocate that can support the victim in her crisis while guiding her through a potential prosecution. Additionally, to successfully advocate on behalf of a victim, it takes a multi-disciplinary team that is well trained and informed to provide the current best practices. By building trust through community outreach and engagement and increasing our digital forensic unit (DFU) examinations, it highlights the need for continuing education in each role of expertise. According to the Statistical Analysis Center for domestic violence in Montana, victimology data shows that in Gallatin County in 2024, the highest group of victims were female in the age group of 18- 23. This data confirms the essential partnership with MSU and schools and the need for a well trained digital forensic unit to support the advocacy of these victims. 192 Response - 6. Collaboration Plan Describe and demonstrate how the project will partner with public and private agencies. Identify the specific activities performed with each partner as it pertains to achieving the goals of this proposal. This includes, but is not limited to describing: Partnerships built through the program. How the established partnerships compliment one another’s programs. Collaboration Plan Currently we partner with a variety of groups/agencies, including the BPD/MSU PD SVU, ICAC, and the City Attorney Advocates office. These partnerships are complimentary to one another in regard to the investigation, advocate care, and eventual prosecution of victims of sexual/violent crimes regardless of age. ICAC is key in providing intel and new reports of suspected Sexual Abuse of Children involving illegal images/video/and other digital evidence depicting juvenile victims. The SVU's goal is to incorporate both agencies’ resources in investigating the above listed categories in a collaborative way. Bozeman is a growing municipality with a university of approximately 17,000 students. Many of these students live, work, and recreate within the city limits of Bozeman and have contact with both agencies. By working together, we can be more inclusive and understanding of this dynamic, offering additional resources outside of our partner agencies. This can include but is not limited to contact with the Dean of Students Office, medical resources on campus, advocacy both within the city and university systems, prosecution, and investigation of potential crimes. The ultimate goal is to build trust within this demographic of our shared community and lead to successful prosecution and rehabilitation of victims of these crimes. We each offer our own resources within our respective roles, but by working collaboratively, we can offer a more holistic approach when investigating crimes of sexual and physical abuse. We are able to focus on specific areas, increase investigators’ knowledge on their specific skillset, while also improving through on-the-job experience. We work together not only as investigators, but with the advocates office in offer needed services that fall outside of law enforcement purview. This can include anywhere from therapy work, lodging assistance, employment help, medical assistance, etc. Along with this, we are able to work with the advocacy office while a victim navigates the judicial system and future court proceedings. Explaining the process and its impact on them is essential in positive outcomes. By working closely together, we can offer a more complete product to potential victims. 193 Response - 7. Sustainability Plan Include a plan outlining how your organization plans to sustain the proposed project after the project period ends and federal funding is reduced or no longer exists. Include all efforts made to establish outside funding or support. The plan should identify and explain any potential challenges to sustaining the proposed project. What happens when the project is over? Sustainability Plan The City’s victim advocacy program was established in 2023 when it moved from a contracted services agreement with Gallatin County. During this time, the City has thoughtfully established and grown the advocacy program. With plans to hire another victim advocate in the next year, it demonstrates the City’s commitment to the victim advocacy program. However, with this grant funding, it will support the City’s efforts to continue to build the program while being mindful and strategic of how to integrate these costs into our long-term budget. 194 Supplement - 1. Applicant Information FEIN Federal Employer Identification Number (FEIN) 816001238 Organization Details Organization Type City County District Court Municipal Court Private/Non-Profit Private/For-Profit School District State Tribal Government Service Area Select all counties where services are delivered. Counties Served Beaverhead Big Horn Blaine Broadwater Carbon Carter Cascade Chouteau Custer Daniels Dawson Deer Lodge Fallon Fergus Flathead Gallatin Garfield Glacier Golden Valley Granite Hill Jefferson Judith Basin Lake Lewis and Clark Liberty Lincoln Madison McCone Meagher Mineral Missoula Musselshell Park Petroleum Phillips 195 Pondera Powder River Powell Prairie Ravalli Richland Roosevelt Rosebud Sanders Sheridan Silver Bow Stillwater Sweet Grass Teton Toole Treasure Valley Wheatland Wibaux Yellowstone Grant History With MBCC Have you had a grant with MBCC previously? Yes No 196 Supplement - 2. Accounting Documentation Unique Entity Identifier (UEI) Required. Applicants are required to upload as a part of their application, a copy of a SAM registration showing the organization's “SAM Unique Entity ID”. Refer to the “UEI Example Registration” provided. The SAM UEI number must also be entered into the “Unique Entity Identifier (UEI)” box below. Please note that effective March 31, 2022, the federal government will no longer use or reference DUNS numbers in SAM, and your DUNS number will no longer be shown on the SAM registration. UEI Example Registration UEI example.png Entity Name (as it appears on the SAM registration) City of Bozeman Unique Entity Identifier (UEI) EEAPKALAEM35 UEI Registration SAM Registration Confirmation_Exp 09.02.26.pdf Montana Congressional District Please select the Montana Congressional District in which your organization is located. Montana Congressional District District 1 - Western Montana District 2 - Eastern Montana Accounting System and Financial Capability Questionnaire Required. Download the blank questionnaire. Upload your completed questionnaire below. Please ensure signatures on the Accounting System and Financial Capability Questionnaire match those of Project Director, Official Budget Representative, and Financial Officer listed on the Sign Application form of this application. Blank Accounting System and Financial Capability Questionnaire Accounting Systems and Financial Capability Questionnaire.docx Accounting System and Financial Capability Questionnaire Accounting_Systems_and_Financial_Capability_Questionnaire.docx.pdf Federal Indirect Cost Rate Agreement If applicable. Applicant using a Federally Approved Indirect Cost Rate plan or negotiated indirect cost rate plan, must upload a copy of the document. If no document is provided, indirect costs requests will not be considered. 197 Federal Indirect Cost Rate Agreement 2 C.F.R. 200 Non-Federal entities that expend $1,000,000 or more in Federal funds (from all sources including pass- through subawards) in the organization’s fiscal year are required to arrange for a single organization-wide audit conducted in accordance with the provisions of Title 2 C.F.R. Subpart F. Has the applicant organization expended more than $1,000,000.00 in federal funds during the applicant organization’s fiscal year? Yes No If your organization's A-133 audit can be viewed online, please provide the URL. https://www.bozeman.net/home/showpublisheddocument/15690/639044930111800000 If your organization's A-133 audit is available as a PDF, please upload it. Financial Resource Disclosure Required. Download the blank document. Upload your completed document below listing all funding sources and amounts required to support your program. Financial Resource Disclosure Template Financial Resource Disclosure.xlsx Financial Resource Disclosure COB Financial Resource Disclosure.xlsx 198 Supplement - 3. MOUs Collaboration MOUs If applicable. Collaboration MOUs with original signatures (stamped or electronic signatures are not acceptable). Please combine all MOUs into one file for upload. Collaboration MOUs 2012 MSU MOU.pdf, 2018 Signed SVU MOU.pdf, 2022 MOU.pdf MOU for Crime Data Reporting If applicable. If the applicant organization is a unit of local government, MBCC requires the local government applicant (and/or group of applicants listed within a collaborative agreement) to be compliant with MBCC policy B-05, Crime Data Reporting. For crime data reporting status, use the data request form available on the MBCC website. MOU for Crime Data Reporting 199 Supplement - 4. Special Assurances and Conditions Assurances of Compliance with Nondiscrimination Provisions Applicant will comply (and will require any subgrantees or contractors to comply) with any applicable federal nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968, as amended (34 U.S.C. §§ 10228(c) & 10221(a) (c) & 10221(a)); the Victims of Crime Act of 1984, as amended (34 U.S.C. § 20110(e)); the Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974, as amended (34 U.S.C. § 11182(b)); the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12132); the Education Amendments of 1972, as amended (20 U.S.C. § 1681); the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); 28 C.F.R. pt. 31 (U.S. Department of Justice Regulations - OJJDP Grant Programs); Violence Against Women Act of 1994, as amended (34 U.S.C § 12291(b)(13)); 28 C.F.R. pt. 42 (U.S. Department of Justice Regulations - Nondiscrimination; Equal Employment Opportunity; Policies and Procedures); Ex. Order 13559 (equal protection of the laws for faith-based and community organizations); and 28 C.F.R. pt. 38 (Partnerships with Faith-Based and Other Neighborhood Organizations). In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, then recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs and the MBCC. In accordance with federal civil rights laws, the applicant shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws Applicants are required to take reasonable steps to ensure meaningful access to their services to persons who, as a result of their national origin, are LEP. To help applicants understand and meet this obligation, the DOJ published “Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons”, which can be found at 67 Fed. Reg. 41455 (June 18, 2002) or at www.lep.gov (LEP Guidance). Audit Requirement Acceptance of this grant award requires the subgrantee organization or governmental entity to include this subgrant in the scope of their regularly scheduled annual or biennial audit. The audit must be conducted in accordance with the appropriate 2 C.F.R 200.500-200.521 (Subpart F Audit Requirements). Applicants Agreement It is understood and agreed by the applicant: that any grant received as a result of this application shall be subject to the Grant Conditions and other policies, regulations, and rules issued by the Department of Justice for the administration of grant projects under (P.L. 100-690) including, but not limited to, the following: 1. Competitive bids must be obtained for all equipment, construction and contracted services applications, as required by applicable local, state, or federal law or regulations. Accepting other than the lowest bid requires prior approval of the Board of Crime Control; 2. The grant may be terminated in whole, or in part, by the Board of Crime Control at any time; 3. Appropriate grant records and accounts will be maintained and made available to the Montana Board of Crime Control, Office of the Legislative Auditor, or the Legislative Fiscal Analyst upon request; 4. The grantee shall assume the costs of improvements funded after a reasonable period of federal assistance; 5. Any funds awarded under one subgrant cannot be used in another; 6. Expenditures for items not listed on the original budget are subject to refund and/or penalty. Variances from the approved subgrant will require an amendment approved in advance by the Board of Crime Control; 7. All applicants are subject to federal, state, and local laws and regulations; 8. The subgrantee shall not obligate any funds until subgrant is formally awarded by the Board of Crime Control; and 9. Draw down of funds is contingent upon submission of quarterly financial reports and quarterly progress reports. 200 10. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, all grantees receiving federal funds shall clearly state: 1) the percentage of the total cost of the program or project which will be financed with federal money, and 2) the dollar amount of federal funds for the project or program. 11. Rules 23.14.101 et seq. of the Administrative Rules of Montana. 12. The subgrantee agrees to comply with the National Environmental Policy Act (NEPA) and other related federal environmental impact requirements in the use of these grant funds either directly or indirectly by subcontractors. Applicant's Acknowledgment The Official Budget Representative signature on the Signatures Page certifies agreement with these Special Assurances and Conditions. Special Assurances and Conditions Provided to Applicant Yes, I have read the above information. 201 Supplement - 5. Certifications Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-free Workplace Requirements; Law Enforcement and Community Policing Required. Review and complete the Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-free Workplace Requirements; Law Enforcement and Community Policing form. Upload your signed copy. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-free Workplace Requirements; Law Enforcement and Community Policing Certification-Lobbying,-Debarment,-Drug-Free-form.pdf Certifications Certification-Lobbying,-Debarment,-Drug-Free-form.pdf 2 CFR 200.415[B] Certification I certify to the best of my knowledge and belief that the information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and 3801-3812. 2 CFR 200.415[B] Certification Yes, I certify the above. 202 VOCA Supplement - 1. SAR Performance Measures Outcomes (PMT) Sub-grantee Organization Type Review the four organization types below. Please select the organization type that best describes applicant agency. And then select the entity type that best describes applicant agency. You may only select one organization type and one entity type. Organization Type Campus Organization Only Government Agency Nonprofit Organization Only Federally Recognized Tribal Government, Agencies, and Organization Only Government Agency Entity Type Corrections Courts Juvenile Justice Law Enforcement Prosecutor Other Sub-award Purpose Check the box that best describes your sub-award purpose Continue a VOCA-funded victim project funding in a previous year Expand or enhance an existing project not funded by VOCA in the previous year Start up a new victim services project Start up a new Native American victim services project Expand or enhance an existing Native American project Priority and Underserved Requirements Please indicate below the dollar amount of your sub-award that is expended to support the following categories and the sub-categories. The total of all categories must be equal to the sub-award amount awarded by the state. For fields with no expenditure, enter 0 (zero). A. Child Abuse Total $3,400.00 A1. Child physical abuse/neglect $3,398.00 A2. Child sexual abuse $3,398.00 B. Domestic and Family Violence $6,457.00 C. Sexual Assault Total $6,457.00 C1. Child Sexual Assault $3,398.00 C2. Adult Sexual Assault 203 $6,457.00 D. Underserved Total $0.00 D1. Underserved (DUI, DWI crashes) $0.00 D2. Underserved (assault) $0.00 D3. Underserved (adults molested as children) $0.00 D4. Underserved (elder abuse) $0.00 D5. Underserved (robbery) $0.00 D6. Underserved (survivors of homicide victims) $0.00 D7. Other underserved (other violent crimes) $0.00 D8. If D7 is not zero, please briefly describe “other underserved-other violent crimes” D9. Other Underserved (non-violent crimes) $0.00 D10. If D9 is not zero, please briefly describe “other underserved non-violent crimes” 204 VOCA Supplement - 2. Volunteer Use Volunteers VOCA requires programs to use volunteers, to the extent required by the state administrative agency (SAA), in order to be eligible to receive VOCA funds. MBCC may waive this requirement, provided that the program submits written documentation of its efforts to recruit and maintain volunteers, or otherwise demonstrates why circumstances prohibit the use of volunteers, to the satisfaction of MBCC. Volunteer Use Required. VOCA subrecipient organizations must use volunteers, according to 28 C.F.R. 94.113. Download the blank form. Describe in detail your organization’s use of volunteers. Upload the completed volunteer use form below. Blank VOCA Volunteer Use Form VOCA-Volunteer-Use.pdf VOCA Volunteer Use VOCA Volunteer Use Form.pdf 205 Sign Application Designate Certifying Officials This application requires original signatures of an Official Budget Representative, Project Director, and Financial Officer. Electronic and stamped signatures are not acceptable. The Official Budget Representative must be a person with budget-setting authority, generally a mayor, chairperson, or department director. The Project Director must be an employee of the applicant agency. Duplication of responsibilities by one individual for any position listed below is not acceptable. The officials who certify this document, including Special Assurances and Conditions, agree to adhere to all terms and conditions relating to this application. Signatures Download the Signatures Page below and have the appropriate persons complete and sign. Scan and upload the completed form below. Blank Signature Page SignaturePage - New Applications.docx Signature Page SignaturePage_-_New_Applicationsdocx.pdf Official Budget Representative (City/County Commissioner, Mayor, Department Head, or President of Board of Directors) Budget Representative Name Melissa Hodnett Budget Representative Title Finance Director Budget Representative Phone (000-000-0000) 406-582-2318 Budget Representative Email melissa.hodnett@bozemanmt.gov Budget Representative Mailing Address Line 1 121 N. Rouse Ave. Budget Representative Mailing Address Line 2 Budget Representative Mailing Address City Bozeman Budget Representative Mailing Address State Abbreviation (MT) MT Budget Representative Mailing Address Zip 59715 Project Director Project Director Name Anthony Hutchings 206 Project Director Title Captain Project Director Phone (000-000-0000) 406-582-2216 Project Director Email ahutchings@bozeman.net Project Director Mailing Address Line 1 901 N. Rouse Ave Project Director Mailing Address Line 2 Project Director Mailing Address City Bozeman Project Director Mailing Address State Abbreviation (MT) MT Project Director Mailing Address Zip 59715 Financial Officer Financial Officer Name Jamie Grabinski Financial Officer Title Grants Coordinator Financial Officer Phone (000-000-0000) 406-582-2364 Financial Officer Email jamie.grabinski@bozemanmt.gov Financial Officer Mailing Address Line 1 121 N. Rouse Ave. Financial Officer Mailing Address Line 2 Financial Officer Mailing Address City Bozeman Financial Officer Mailing Address State Abbreviation (MT) MT Financial Officer Mailing Address Zip 59715 207 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Procurement Coordinator Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Ratify Grant Application to Montana Disaster and Emergency Services (MT DES) State Resiliency Fund for the Sourdough Creek Municipal Watershed Fuels Reduction Program MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Grant RECOMMENDATION:Ratify Grant Application to Montana Disaster and Emergency Services (MT DES) State Resiliency Fund for the Sourdough Creek Municipal Watershed Fuels Reduction Program STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:Through Montana Disaster and Emergency Services Montana Resiliency Grant Funding, this grant application will support Phase 4 of the Sourdough Creek Municipal Watershed Fuels Reduction program. The Sourdough Creek Fuels Reduction program performs hazardous wildfire fuels reduction activities on timbered lands owned by the City of Bozeman at the mouth of Sourdough Canyon. The project area which is a 380-acre area is part of the Wildland Urban Interface or WUI with the U.S. Forest Service Custer Gallatin National Forest System (CGNF) to the south, and private lands within Gallatin County to the north. This project will allow the City of Bozeman to continue its efforts to mitigate effects from a catastrophic wildfire event that has the potential of interrupting the City's Sourdough Creek municipal water supply. Because of the area's terrain, the project proposes to reduce accumulated fuel loads using helicopter logging methods on approximately 100 treatment unit acres of overstocked, mature timber stands within the overall 380-acre project area. The City has submitted similar applications to U.S. Department of Homeland Security FEMA and Montana Department of Natural Resources. Per each agency, those applications are still pending due to delayed federal funding bills. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. 208 FISCAL EFFECTS:Total expenditures are expected to be $647,000. Expenditures are included in the FY27-31 recommended Capital Improvement Program in the Water Fund. Attachments: City of Bozeman_FINAL_Resiliency Funds Application.pdf Report compiled on: March 11, 2026 209 1 Resiliency Funds – Project Application This is a MT DES application template for Montana Resiliency Funding. How to use this application template • This is the application template that will be used to apply for Montana Resiliency Funding. Additional supporting documentation will need to be submitted with the application, and if additional space is needed for the Scope of Work, Schedule, and Budget the space can be added within this template, or attached as an additional document. • All texts in BLUE are suggested responses, prompting questions, or recommendations provided by MT DES Start an application Organization you are applying for City of Bozeman Organization you are applying to Montana Disaster and Emergency Services (MT DES) Application title City of Bozeman Sourdough Creek Municipal Watershed Fuels Reduction Application type Advance Assistance / Project Scoping Document control number (optional) 210 Advance Assistance Application 2 Applicant information Applicant information Type of submission Pre-application Application Changed/Corrected application Type of Applicant State Government Local Government Tribal Government Special Governmental District Is the applicant delinquent on any Federal debt? Yes No If yes, please provide an explanation: Contact information Add a Recipient Authorized Representative Title City Manager Prefix (optional) Mr. Ms. Mrs. Dr. First Name Chuck Middle Initial Last Name Winn Agency/Organization City of Bozeman Primary phone 406-582-2307 211 Advance Assistance Application 3 Extension (optional) Type Home Work Mobile Secondary phone Extension Type Home Work Mobile Optional phone Fax number Email Chuck.Winn@bozemanmt.gov Address line 1 121 N. Rouse Ave. Address line 2 City Bozeman State/territory MT ZIP code 59715 ZIP extension Add a Point(s) of Contact Title Grants Coordinator Prefix (optional) Mr. Ms. Mrs. Dr. Hon. Exe. First Name Jamie Middle Initial (optional) Last Name Grabinski 212 Advance Assistance Application 4 Primary phone 406-582-2364 Extension (optional) Type Home Work Mobile Secondary phone Extension (optional) Type Home Work Mobile Optional phone Fax number (optional) Email jamie.grabinski@bozemanmt.gov Address line 1 121 N. Rouse Ave. Address line 2 (optional) City Bozeman State/territory MT ZIP code 59715 ZIP extension (optional) Community Please list the community(ies) that will benefit from this mitigation activity by adding the community(ies) name in the below field. If needed, modify the Congressional District number for each community by entering the updated number under the U.S. Congressional District column for that community. 213 Advance Assistance Application 5 . Add Communities (complete this table for each benefitting community) State Montana Community name Bozeman County name Gallatin County code 30031 CID number 300028B The CID is available at https://www.fema.gov/cis/MT.html CRS community Yes No CRS rating 1 2 3 4 5 6 7 x 8 9 10 U.S. Congressional District 001 Please provide any additional comments (optional) Attachments Mitigation Plan Please provide your plan information. Mitigation plan information Is the entity that will benefit from the proposed activity covered by a current FEMA approved multi-hazard mitigation plan in compliance with 44 CFR Part 201? Yes No Note: FEMA approved multi-hazard mitigation plan is required at the time of application deadline and at time of project award. If Yes, please provide plan information: In the FEMA application, this section is the proposed activity description. The proposed activity outlined in the Gallatin County Emergency Management Hazard Mitigation Plan (GCEMHMP), is to perform hazardous wildfire fuels reduction activities on timbered lands owned by the City of Bozeman at the mouth of Sourdough Canyon (i.e. the 380-acre project area). The project area is part of the 214 Advance Assistance Application 6 wildland urban interface with the U.S. Forest Service Custer Gallatin National Forest System (CGNF) to the south, and private lands within Gallatin County to the north. The proposed project is on 380 contiguous acres situated in sections 7,17, and 18 of T3S, R6E. The project will assist Bozeman in mitigating effects from a catastrophic wildfire event that has the potential of interrupting the City’s Sourdough Creek municipal water supply. The water supply intake is at the approximate center of the project area (Lat: 45.582111, Long - 111.022247). Specifically, the project proposes to reduce accumulated fuels loads using helicopter logging methods on approximately 100 treatment unit acres of overstocked mature timber stands within the overall 380-acre project area. The continuance of wildfire fuels reduction is critical for the Bozeman community. Per Gallatin County’s Hazard Mitigation plan, attached as Exhibit A, “the most recent forest assessment indicates a trend of more extreme disturbance events with longer durations due to anticipated warmer and drier climatic changes and increased horizontal and vertical fuel accumulations (https://www.readygallatin.com/download/website/plans/local_plans /Gallatin-Hazard-Mitigation-and-Community-Wildfire-Protection- Plan-Nov-2020_Redacted.pdf, Section 3.5 Vegetation, 3.5.1.1 Fire Adapted Landscape, pages 560-561). Given that this project area is densely timbered, and the terrain is steep and un-roaded, the probability of wildfire is high. Likewise, in the event of a wildfire in the 380-acre project area, interruption to the Sourdough Creek municipal water supply is likely. In Montana Department of Natural Resources and Conservation’s Montana Wildfire Risk Assessment Report (2020), the "Bozeman Municipal Watershed" is ranked highest in total watershed risk in the State. The Bozeman Municipal Watershed is comprised of two separate, yet adjoining, hydrologic units: Sourdough Creek on the east, and Hyalite Creek on the west. Together, these watersheds supply 80% of the City’s potable water supply, with the relative percent-supply split roughly equally between the two watersheds. The City does not have land holdings in the Hyalite Creek watershed as it entirely owned and managed by USFS CGNF. Any interruption to municipal intake facilities may endanger the health, safety, and strength of the community. Plan name Gallatin County Hazard Mitigation and Community Wildfire Protection Plan Mitigation plan information Plan type State Multi-hazard Mitigation Plan Tribal Multi-hazard Mitigation Plan Local Multi-hazard Mitigation Plan Tribal (Local) Multi-hazard Mitigation Plan Local Multijurisdictional Multi-hazard Mitigation Plan Tribal (Local) Multijurisdictional Multi-hazard Mitigation Plan Is this plan standard or enhanced? (for Applicants only) Standard Enhanced 215 Advance Assistance Application 7 Plan approval date (MM-DD-YYYY) November 2020 (updated plan is forthcoming) Proposed activity description (optional) Provide a brief explanation on how the proposed project activities are aligned with the mitigation goals and objectives in the Local Hazard Mitigation Plan. Include specific references to sections and page numbers in the plan. This proposed project aligns with the following goals outlined initially on page 3 of the Gallatin County Hazard Mitigation & Community Wildfire Protection Plan. Goal 1: reduce impacts from wildfire, goal 4: reduce impacts from critical infrastructure disruption, goal 7: prevent significant loss of life from communicable disease and bioterrorism, and goal 8: promote all-hazard mitigation measures. Attached as Exhibit B. Even though these goals are from the November 2020 plan, the goals and objectives for the new updated plan are similar. The potential wildfire exposure for the Sourdough Creek Municipal Watershed remains high and the impact of wildfire would have far reaching effects to the City of Bozeman community. Please provide any additional comments (optional). Attachments Recommendation: Do not include the full Local Hazard Mitigation Plan but do attach the specific pages that are referenced in your responses. Scope of Work The project Scope of Work (SOW) identifies the eligible activity, describes what will be accomplished and explains how the mitigation activity will be implemented. The mitigation activity must be described in sufficient detail to verify the cost estimate. All activities for which funding is requested must be identified in the SOW prior to the close of the application period. Scope of work 216 Advance Assistance Application 8 Application title (include type of activity and location) Title should include: • Applicant name/jurisdiction • Activity type • Project Location Ex. Jefferson County Wildfire Nature-Based Solution Advance Assistance Project City of Bozeman Sourdough Creek Municipal Watershed Fuels Reduction Scope of work Activities Primary activity type Acquisition Elevation Relocation Mitigation reconstruction Retrofit Floodproofing Saferoom/shelter Stabilization and restoration Utility and infrastructure protection Flood control Warning systems Wildfire management -Fuel Reduction/Vegetation Management Education and awareness Feasibility, engineering and design studies Generator Planning related activities Other If Other, please specify Secondary activity type (optional) Utility and infrastructure protection -Potable water If Other, please specify 217 Advance Assistance Application 9 Tertiary activity type (optional) If Other, please specify Geographic areas description The City of Bozeman is located in south central Montana. It is the county seat of Gallatin County which is the second most populous county in Montana. Bozeman is approximately 20 square miles with a growing resident population of nearly 60,000 people and on average, it has an influx of approximately 15,000 people per day coming into the city for work, school, or personal business. Set in the Gallatin Valley, Bozeman is surrounded by the Northern Rocky Mountains with the Gallatin Range south of the city and the Custer Gallatin National Forest (CGNF) bordering city property. The network of contiguous land between the City of Bozeman, private lands in Gallatin County, and the U.S. Forest Service CGNF creates a portion of the western wildland urban interface or WUI. As one of the most ecologically diverse regions of Montana, CGNF is accessible year-round within minutes from downtown Bozeman. It is loved by many outdoor enthusiasts for its vast outdoor opportunities such as hiking, biking, fishing, camping, and mountaineering. However, this same forest presents a critical safety risk for the Bozeman community. Interspersed within CGNF, the City owns approximately 4,000 acres of land in the Sourdough Creek municipal watershed. It is within this acreage that Bozeman’s 380-acre project area exists; and likewise, the City’s municipal watershed supply intake on Sourdough Creek is located. The City of Bozeman which includes Montana State University main campus receives 80% of its potable water from the Sourdough Creek watershed. The municipal water intake is at the approximate center of the proposed project area. Therefore, continuing the forest fuels reduction effort is critical to the safety and resiliency of Bozeman’s water supply and public health and safety. The challenge of this proposed project is that the area is densely timbered, mostly un-roaded, and has steep, rugged terrain. Therefore, conventional fuels reduction is not an option for this area. The City is proposing to complete fuels reduction on 100 acres of this 380-acre area of contiguous land via helicopter extraction. Exhibit C is attached as supporting documentation. Your response must: − Describe the project activity area. − Name the neighborhoods, districts, towns, cities, counties, and/or historic areas where the project will occur. − Describe the proximity of the project activity areas to 218 Advance Assistance Application 10 people, structures, and infrastructure. − Describe topographical, geological, and/or vegetative features of the project activity area. − Include supporting documentation demonstrating the risk in the area (i.e. SFHA, Wildfire Risk, Homes and Critical Infrastructure in the proposed project area) Community lifelines Note: For the community lifelines, selecting only one or two is sufficient. Select those lifelines that are directly protected/enhanced by the advance assistance/project scoping activity. Primary community lifeline Safety and security Food, water, shelter Health and medical Energy Communications Transportation Hazardous material If Safety and security is selected as a primary community lifeline, these additional primary sub-community lifeline options are available. Law enforcement/security Fire service Search and rescue Government service Community safety If Food, water, shelter is selected as a primary community lifeline, these additional primary sub-community lifeline options are available. Food Water Shelter Agriculture If Health and medical is selected as a primary community lifeline, these additional primary sub-community lifeline options are available. Medical care Public health Patient movement Medical supply chain Fatality management If Energy is selected as a primary community lifeline, these additional primary sub-community lifeline options are available. Power grid Fuel 219 Advance Assistance Application 11 If Communications is selected as a primary community lifeline, these additional primary sub-community lifeline options are available. Infrastructure Responder communications Alerts, warnings, and messages Finance 911 and dispatch If Transportation is selected as a primary community lifeline, these additional primary sub-community lifeline options are available. Highway/roadway/motor vehicle Mass transit Railway Aviation Maritime If Hazardous material is selected as a primary community lifeline, these additional primary sub-community lifeline options are available. Facilities HAZMAT, pollutants, contaminants Secondary community lifeline (optional) Health and Medical Secondary sub-community lifeline Public Health Tertiary community lifeline (optional) (see Primary community lifeline list above) Tertiary sub-community lifeline (see Primary sub-community lifeline lists above) 220 Project Application 12 Scope of work Hazard sources Primary hazard source Dam/Levee break Drought Earthquake Extreme temperature Fire Flooding Landslide/Debris flow Severe storm Tornado Winter Storm Tornado Uncategorized Secondary hazard source (optional) (see Primary hazard source list above) Note: only select a secondary hazard if the potential project scoping activities are looking to evaluate and/or mitigate more than one hazard. Tertiary hazard source (optional) (see Primary hazard source list above) If Uncategorized, please specify: 221 Project Application 13 Scope of work Is this a phased project? If you select 'Yes' to phased project question. You must select Phase 1 or Phase 2 on Budget lines. Yes No When to select “No” − Project designs are completed or sufficiently completed to evaluate impacted areas. Design plans are included with application. Generally, design should be at least 60% to be submitted as a “shovel- ready” project. − All local, state, and federal permits are in hand or have been applied for with no outstanding concerns. − Required rights of way (ROWs) and easements have been finalized and documentation can be provided with the application. This piece is critical if the project is located on federal land. Not applicable − Project work sites and staging areas are known, and maps identifying these sites are provided with application. Attached as Exhibit D. − The line classification, segments, and specific spans for the project are provided in the scope of work description. − Environmental and historic resources are known and have been considered in project development. Environmental and historic data and/or consultations are available and are provided with the application. Attached as Exhibit E and Exhibit F. When to select “Yes” − Designs are conceptual or in progress. − The required ROWs or easements have not been obtained and coordination is still required with the landowners. − The project specifics are not known at the time of application (span, segment of lines, amount of ground disturbance, types of materials to be used, etc.) − No environmental or historic research has been conducted and impacts are unknown. Are you doing construction in this project? Yes No No 222 Project Application 14 Scope of work Population affected One hundred percent (100%) of the population will be affected by the proposed project. Provide the percentage of the population that will be affected by the proposed project. − Numerator: Number of residents that will directly benefit from the project. For example, if a project proposes to protect power lines from straight line winds through under grounding, the number of benefiting residents can be estimated by identifying the number of meters that are serviced by the mitigated segments of line and multiplying the number of meters by the average household size in the project benefiting area. − Denominator: total number of residents in the county, jurisdiction, or census tracts where the project benefiting area is located. 223 Project Application 15 Scope of work Detail/description of stated percentage Sample language: The population protected was identified by estimating the total number of residents benefiting from undergrounding the 20 miles of distribution line. The proposed distribution line provides power to 100 meters located in Sunnyville, Placetown, and unincorporated Jefferson County. Using U.S. Census data, we determined that, on average, in Jefferson County there are X residents per household. We multiplied the average household size by the number of residential meters in the project benefiting area to estimate approximately X,XXX residents directly impacted by the project. For the denominator, we utilized the total population of the census tracts in which the project will be taking place. Using this methodology, we estimate that XX% of the population will benefit from this project. In addition, the population served by this project is an underserved and disadvantaged community. The service population is low- income, relative to both national and state thresholds. There is limited access to public transportation or facilities that could provide power and shelter during a winter storm or wildfire event, which makes this project all the more critical. Response should address: − Describe key characteristics of the benefiting community. − Discuss benefits to disadvantaged communities. o What indicators make the community disadvantaged. Bozeman is a busy, growing community set in the Gallatin Valley. It has a resident population of nearly 60,000 people. And, daily, there is an influx of approximately 15,000 people for work, recreation, and school from other areas of Gallatin Valley. While population growth has slowed in the valley, the growth and development still continues and Bozeman is still among one of the fastest growing communities of this size in the U.S. Bozeman is home to Montana State University (MSU) main campus. The spring 2026 enrollment for MSU was over 16,000 students which was the sixth consecutive year of enrollment growth for the university. In addition to MSU, Bozeman is home to Gallatin College, which is a two-year college, offering two-year associate degrees and one-year professional certification programs. Economically, the largest types of employers in Bozeman and surrounding areas are tourism, retail trade, construction, health care, government, and higher education. The unemployment rate in Bozeman is low, but many people hold more than one job. The cost of living and consequently, the cost of housing continues to be one of the challenges for people 224 Project Application 16 living in Bozeman. The availability of affordable housing is a major challenge for people in Bozeman. While local law makers are diligently working to solve the housing problem in Bozeman, the housing cost burden is tangible. In January 2026, the median price decreased approximately 2.2% from the previous year for a single-family home, but the average price was still approximately $715,000. According to the U.S. Census Bureau, median household incomes in 2024 increased to $85,747 from the previous year. (https://www.census.gov/quickfacts/fact/table/b ozemancitymontana/AGE7752) With the income to home prices ratio in Bozeman, a person’s monthly housing budget was nearly eight times the person’s income in 2025. With current inflation rates remaining at 2%, the gap between income to home prices is still quite relevant. In addition to the housing cost burden, Bozeman ranks as a medium to high community for housing type and transportation disparities meaning that Bozeman’s housing choices are limited not only by cost but structure also. The market is evolving and has shifted from a severe shortage to a more balanced inventory, but the cost is still prohibitive for many. Many of the housing choices in Bozeman include multi-unit structures, mobile homes, crowding, and group quarters. Also, according to the Census Bureau, Bozeman has one vulnerable census tract and one opportunity zone. These areas are not in the immediate project area, however, in the event of a catastrophic wildfire event, these distressed areas would be further negatively impacted without potable water supply. The population impacted will be 100% -80% directly and 20% indirectly. For example, in a worst-case scenario event of catastrophic wildfire affecting the Hyalite and Sourdough municipal watersheds and intakes concurrently, rendering them both inoperable - either during the fire event itself or after during runoff - the public health, safety, and welfare of the community will be at substantial risk. The City has roughly 10 million gallons of storage capacity in its distribution system fed by the Sourdough water treatment plant. The plant receives water from both the Sourdough intake and Hyalite intake. The 10 MG volume is adequate to meet essential indoor water needs of City water customers for only 3 days. The Sourdough fuels reduction efforts aim to reduce the likelihood of an intake shutdown for our main water supply and build critical resiliency for the community’s drinking water supply. 225 Project Application 17 Provide a clear and detailed description of your proposed activity The response in the application form should be comprehensive and answer all of the key components outlined below. Applicants can provide a supplementary scope of work document as an attachment that provides additional details in response to these questions. − Introduce the project by clearly stating what the proposed project activity is. For example: o This project proposes to underground XX miles of distribution lines in and around Sunnyville in Jefferson County to mitigate against infrastructure damage and loss of electrical service that can result from wildfires. The project will remove these lines from the high risk of wildfire in the project area and thus ensure the provision of electricity to XXX residents in the project benefiting area. − Describe the problem to be mitigated: o the need for the proposed project including what the hazard risk is (e.g., wildfire, severe storms, flooding, winds, tornadoes). o Historic impacts as well as current and future natural hazard risk. Include and refer to studies, data, and maps used to identify and quantify the hazard risk. − Describe the project activities: o Pre-award tasks that have been completed (e.g., engineering, environmental studies). Provide the level of design currently available o State if the project is proposed as a Phased Project: Phase 1 (project planning) and Phase 2 (construction) o Include all tasks included in the scope: design and engineering, project management, procurement of necessary contractors and professional services, ROW or easement acquisition, construction activities, environmental monitoring activities o Explain the proposed construction plan. Include details about what equipment and materials will be used to conduct the work. Include how many acres of ground disturbance are anticipated and if any of the area is previously undisturbed ground (native soils). 226 Project Application 18 Scope of work − Describe innovative and/or nature-based approaches incorporated into the scope of work. Examples include, the use of low embodied carbon concrete and environmentally preferable asphalt, the rehabilitation of habitat in areas where infrastructure is being improved or removed from or designing projects in such a way as to minimize impacts to the natural environment. − Describe any special environmental and/or historical conditions that informed the project scope of work and if any mitigative actions will be taken to protect environmental and historic resources (if applicable). This response should address: − Is this project protecting critical infrastructure. Be specific about what the critical infrastructure is and how it is being mitigated by the project. − Incorporation of nature-based solutions where possible. − Risk reduction/resilience effectiveness − Protection for changing and future conditions − Long-term and lasting impact The City of Bozeman is proposing to continue its helicopter logging efforts in the Sourdough Creek municipal watershed area to remove excess wildfire fuels surrounding its municipal water supply intake on Sourdough Creek. The project disturbance area is 100 acres situated on approximately 380 acres of contiguous land described as aliquot parts of Sections 7, 17, and 18 of T3S and R6E, Gallatin County, Montana. The project area is highly traveled by recreationalists, is densely timbered with overstocked timber stands, is largely unroaded (except for Sourdough Trail itself and a temporary spur road constructed 2021 to support helicopter logging projects) and contains steep topography that makes construction of additional roads impractical. The principal natural hazard to be mitigated is severe and extensive wildfire impacts to the City's municipal drinking water infrastructure. The second and tertiary hazards to be mitigated are excess sediment and ash entering the municipal water supply, periodic water supply interruption for clearing clogged intakes and pipelines, excess wear and tear on membrane filtration equipment, and increased treatment plant operational costs. 227 Project Application 19 How will the mitigation activity be implemented? The fuels reduction mitigation activity will be implemented using helicopter logging methods. Helicopter logging is a versatile method of mitigation for this project because it allows the City to avoid certain difficulties of a conventional ground- based logging operation. Helicopter logging is ideal when there is a lack of access to treatment units by conventional log skidder equipment or skyline drag cables. Helicopter logging typically occurs in steep and un-roaded terrain where the monetary and environmental costs of constructing new roads to support a ground-based logging operation outweigh the benefit of reduced overall project costs. Additionally, helicopter logging methods reduce the severity and extent of ground disturbances, thus reducing the overall impact to the environment and ultimately reducing water treatment plant costs to remove excess sediment. Helicopter logging typically requires two landings areas. The first area serves as a service landing to conduct helicopter refueling and maintenance activities. Typically, the helicopter must refuel every hour during active flight time. Refueling vessels require adequate containment to ensure spills and leaks do not impact the environment. The second area is used as a log landing, log processing, and slash storage and treatment site. Processed logs are decked and then loaded onto log trucks for hauling to a lumber mill. Slash is treated as necessary to sustain the logging operation since it can occupy significant space at the landing. A single landing may be used if the helicopter logging contractor can contain all necessary activities on a single site. The City has two existing helicopter landing sites within the 380-acre project area. The City’s water treatment plant property may also be utilized as a helicopter service and maintenance site, after notice and hearing in front of the Gallatin County. The City worked collaboratively with the USFS to allow use of its plant property for a service site for its helicopter operator in 2023/2024, and Gallatin County authorized this land use. Fuels Reduction Treatment Prescription: The fuels reduction prescription will consist of selective thinning of mature trees in a group removal fashion within a grouping pattern laid out in the field by the City’s consultant forester. The forester selects particular groups of trees for removal given existing stand conditions, stand density, terrain slope and aspect, and tree health in order to create a thinned landscape mosaic. The treatment prescription will be laid out by the consultant forester to remove 40-50% of trees within the treatment unit. Actual percent-removal may vary given stand conditions. The remaining groups of “leave-trees” in the treatment unit are spaced to reduce the susceptibility of crown fire traveling from one group to the next. This prescription creates a higher probability that fire will stay on the ground where it takes on lower intensity behavior that is much easier to contain and suppress compared to the unpredictable, high-intensity nature of crown fire. The landscape readily heals after lower intensity ground fire leading to substantial post-fire runoff water quality 228 Project Application 20 improvement compared to a high intensity crown fire burn. The treatment prescription will call for whole trees to be removed and flown with their limbs and tops intact to one of the two available landing sites with the project area. This is known as “whole tree” logging. The log landing site selected will be at the discretion of the helicopter logging contractor. Processing of the whole trees occurs at the landing site by removing limbs and tops and then cutting the remaining logs to proper length to be hauled by log truck to a lumber mill of the contractor’s choosing. The quantities of slash material generated during whole tree logging are significant and present a logistical challenge to the prosecution of logging operations simply due to the space this material occupies at landing sites. The least- cost method of slash disposal is to have it machine piled with heavy machinery, then burned under suitable burning conditions during the cold weather season when there is little to no risk of uncontrolled fire. If slash burning is not an eligible activity, then the slash must be masticated or chipped at the landing site, loaded onto chip trucks, and then hauled offsite. Restricting slash disposal to only mechanical methods will likely increase the cost to the helicopter logging project by at least 10%. The cost estimate prepared for this application assumes that the slash will be mechanically treated. A rough cost estimate for the project is provided in the following table. Costs and other information in the table (attached) were prepared by the City’s consultant forester. The costs are preliminary and subject to market volatility in fuel prices and log values offered by receiving mills at the time the helicopter project is put to public bid. Helicopter Logging Equipment: The type and quantity of equipment necessary to prosecute the proposed helicopter logging activity will be determined by the helicopter logging contractor. Typical equipment used for helicopter logging follows: - Helicopter. May be medium- or heavy-duty load lift capacity. Typically, a single prop. - Helicopter fuel tanker. Size suitable to fit the access constraints of the refueling and maintenance site. - Feller/Buncher. Used for processing of whole trees at landing site to remove limbs and tops. - Skidder/Loader. Used to move trees from landing zone to processing area and from processing area to log decking location - Road grader. Used to maintain site access/haul roads as needed. - Bulldozer or Excavator. Used to machine pile slash material at the log landing site. - Masticator or Chipper. Used to masticate or chip slash material at the log landing site. - Diesel fuel tanker. To support heavy equipment refueling operations. Size suitable to fit the access constraints at the log landing site. - Log Trucks. Used to haul decked logs to a lumber mill - Chip Trucks. Used to haul masticated/chipped slash offsite. Coordination with Planned United States Forest Service (USFS) Helicopter Treatments: The USFS is actively implementing fuels reduction treatments authorized under the Record of Decision for its Bozeman Municipal Watershed Project (the “BMW” 229 Project Application 21 project). The USFS recently secured $4.7M in funding under the federal Collaborative Wildfire Risk Reduction Program. A portion of these funds is planned to be put towards the implementation of remaining authorized helicopter logging treatment units under the BMW project decision. The USFS helicopter contract is anticipated to be underway as early as this summer 2026. The contract has a 3-year operating period to reach final completion. Due to the immediate proximity of remaining USFS helicopter units, there is insufficient physical space - both on the ground and in the air - for the City and USFS to implement our respective helicopter projects concurrently. Only one helicopter operation can occur at any given time in this area. Coordination between USFS and the City occurs regularly through a recurring monthly meeting to ensure that implementation timeframes for our respective projects line up without conflict. This is primarily where you will address Implementation Measures Note, this description should reinforce the milestones in the project schedule and the costs in the project budget. Address the following questions: Scope of work 230 Project Application 22 − Who at the applicant jurisdiction will be primarily responsible for implementing the project? Include position titles and what their responsibilities will be. − If the jurisdiction does not have the staff to manage the project, how will the gap be filled? − Discuss what contractors, if any, will be procured to complete the work. Discuss the procurement process and how long it is expected to take. − For projects involving private landowners and homeowners, discuss who will be responsible for property owner engagement, when this will begin, or if it is ongoing. − Identify any potential implementation challenges and obstacles (e.g., technical, financial, public support, environmental/permitting), if any, and how these challenges will be addressed. − Discuss specific monitoring strategies during the project to evaluate progress and ensure the project is being executed according to the approved scope of work. − Address any environmental and historical consultations that have been conducted or will be conducted and known environmental or historical monitoring that will be required throughout project implementation. − Include brief mentions of successfully completed projects for similar work. If this is a Phased project: − Explain how each phase will be implemented and what staff or vendor resources will be needed to implement Phase I and Phase II. − Discuss what activities and deliverables will be accomplished during Phase I and Phase II. − Address each of the questions listed above. Phase I should be project design, obtaining any necessary ROWs, permitting, and environmental and historic studies. Phase II typically includes construction procurement, construction, and grant closeout. 231 Project Application 23 Scope of work Describe how the project is technically feasible and will be effective in reducing the risk by reducing or eliminating damage to property and/or loss of life in the project area. Please include engineering design parameters and references to the following: preliminary schematic or engineering drawings/design; applicable building codes; engineering practices and/or best practices; level of protection (e.g., life safety, 100-yr flood protection with freeboard, 100-yr wind design, etc.): − Describe what the current condition of the infrastructure asset is and explain how the proposed project would increase the level of protection to the asset. o Provide an assessment of the vulnerabilities of the existing system/assets. o Refer to supporting documentation such as feasibility studies and assessment reports − Describe and name the standards or codes that will be applied to project design and construction. Explain if the project will be designed to exceed these codes. − Include specific mentions to industry best practices and relevant research. − Discuss ancillary benefits associated with the project, e.g., improved ecological health, habitat rehabilitation, and removal of invasive species. − Attach design plans, schematics, maps of the existing location of assets and the proposed location of assets This response should address: − Risk Reduction/Resilience Effectiveness − Protection for Changing and Future Conditions − Technical Soundness The project is technically feasible as evidenced by previously completed helicopter fuels reduction projects implemented by both the City and USFS at the project area. The project area has suitable physical access for mobilization of helicopter logging equipment and prosecution of the work. There are two available helicopter landings sites at the project area. The project is fortunate to have a nearby lumber mill that is only 30 miles from the project site. Removal of accumulated fuels loads serves to reduce the extent and severity of wildfire by reducing the susceptibility of crown fire within the project area and increasing the likelihood of ground fire. Adverse fire impacts are greatly reduced when wildfire stays on the ground and doesn’t spread within the forest canopy. Groundcover vegetation re- establishes itself quickly after low intensity fire thereby reducing the sediment, ash, and other fire debris loads from entering Sourdough Creek and adversely affecting water quality and treatability. Risk to critical drinking water infrastructure is reduced due to the lower likelihood of sediment, ash, and debris entering the Sourdough raw water intake, transmission pipeline, and water treatment plant. 232 Project Application 24 Who will manage and complete the mitigation activity? This response aligns with the grant management activities. Address the following questions: − Who at the applicant jurisdiction will be primarily responsible for managing the federal grant? This includes completing reporting responsibilities, submitting reimbursement requests, and finalizing project financial reconciliation and grant closeout. Include position titles and what their responsibilities will be. − If the jurisdiction does not have the staff to manage the grant, how will the gap be filled? This response should address: − Implementation Measures The City of Bozeman will be the primary manager of the mitigation activity. The City will hire a forestry consultant to prepare and administer a competitively bid helicopter logging contract. The helicopter logging contractor will be responsible for all helicopter logging operations, including slash disposal. Scope of work Will the project address the hazards identified and what risks will remain from all hazards after project implementation (residual risk)? − Address how the proposed project activity will reduce the risk to the values at risk(infrastructure, life safety, etc.). For example, retrofitting electrical poles with fire resistant materials increases the ability of the poles to withstand ignition during a wildfire. − Discuss residual risk. Residual risk refers to the amount of risk that will not be mitigated by the proposed project. Using the same example as above, if only poles are mitigated but the material used for overhead lines is not, the provision of electrical service is still at risk of interruption if fire impacts the unmitigated components. This response should address: − Risk Reduction/Resilience Effectiveness Yes, the project will address the hazard identified to critical drinking water infrastructure by reducing severity and extent of wildfire. The forest fire hazard mitigation efforts are extensive in this area with several vested partners including the City of Bozeman, Gallatin County, Montana State Department of Natural Resources and Conservation, private landowners, and USFS. Each of these entities depend upon one another to maintain its portion of land for fire hazard mitigation. This project will not prevent wildfire from occurring, so residual risk is inherent. However, the extent of 233 Project Application 25 that risk is reduced through fuels reduction which in turn increases the resiliency effectiveness. When will the mitigation activity take place? Provide a general narrative of when all project activities will take place. This should align with the project schedule provided in the application. Address down periods as well, when work cannot be completed due to weather/climate related delays and/or environmental considerations. Collaboration with other landowners is necessary in order for the City's mitigation activity to begin. Per the Collaborative Wildfire Risk Reduction Program (CWRRP) which enables national forests to work with tribes, communities, and partners to reduce wildfire risk, the USFS was currently working in the area until funding was frozen. If USFS' project continues, the City's project will occur after completion of the planned USFS helicopter project. If the USFS project is canceled, the City's project will commence first. The City will need a minimum operating period of two (2) years for its helicopter project. Explain why this project is the best alternative. What alternatives were considered to address the risk and why was the proposed activity considered the best alternative? Provide a description of: − At least one other project or project activities that were considered as an alternative to the proposed project. This is a requirement for funding so the response cannot say that no alternatives were considered. − A no-action alternative. What impacts can be expected if no action is taken? This project is the best alternative to accomplish fuels reduction in the Sourdough Creek municipal watershed area for several reasons. First, this project will create defensible space for the City of Bozeman municipal watershed which is ranked as having the highest in total watershed risk in the State. Secondly, the project area is densely timbered with overstocked timber stands and leaving the area untouched poses a more intense and longer natural wildfire risk. Sourdough Trail Road is the primary road in the area, and it is 234 Project Application 26 not feasible to build roads in the area for logging purposes. Building new roads is not cost-effective; the topography is steep making road construction impractical; and road construction will create sedimentation in the water sources. Helicopter extraction also produces large volumes of logs quickly. Logging in this manner may have high operational costs, but if the process is completed efficiently by maximizing the amount of material extracted per turn while reducing the time per turn, the operation is effective. Lastly, in conjunction with other State and local partners’ studies, helicopter extraction for this area has been deemed the most feasible, safest, and cost-effective way to remove excess wildfire fuel. If no action is taken, the impact that can be expected is an eventual wildfire. Please identify the entity that will perform any long-term maintenance and provide a maintenance schedule and cost information. The applicant or owner of the area to be mitigated is responsible for maintenance (including costs of long- term care) after the project is completed? This response must address: − Name the entity (e.g., applicant, owners of the facilities) that will be performing long-term maintenance. If another entity besides the applicant will be assisting or responsible for maintenance, a letter of maintenance commitment must be included from that entity. − Provide a schedule of how often maintenance will be conducted and for how long (should be for the duration of the project useful life in the Benefit-Cost Analysis). − Provide annual costs and activities associated with maintenance. This should match the Maintenance Commitment letter and the Benefit-Cost Analysis. Attached Benefit-Cost Analysis as Exhibit G The City of Bozeman will be responsible for ensuring maintenance occurs as needed to maintain project effectiveness. A maintenance plan will be submitted at project closeout. Maintenance options that may be included in that plan are pre-commercial thinning of small diameter ladder fuels and placing low-intensity fire on the landscape during suitable controlled burning conditions. The City may contract for the maintenance activities or complete itself. Additional comments (optional) Scope of work 235 Project Application 27 Attachments Attachments may include but are not limited to: − Location and proximity maps that clearly show the outline of the project activities as well as the project benefiting area. Include the latitude and longitude for the beginning and ending of each segment included in the project. − FIRMette -Attached as Exhibit H and H1. − Single line diagram, engineered drawings and other technical reports that informed the scope of work − Maintenance commitment letter − Project schedule (i.e. Gantt chart) − Scope of work supplementary documentation Schedule Specify the work schedule for the mitigation activities. Add tasks to the schedule. Please include all tasks necessary to implement this mitigation activity; include descriptions and estimated time frames. Add a Task (complete this table for each task) Task name Guidance on developing a schedule: − The milestones in the project schedule should align with the project scope of work and implementation responses provided in narrative form. − Projects must identify at least one Go/No-Go Milestone. Typically, early in the design or construction process. − Phased Projects must identify which milestones/tasks are Phase I or Phase II. The following tasks are generally included in all construction projects. Your project may include additional deliverables/milestones. − Executing State Grant Agreement with MT DES − Final design construction plans − Permitting − Contractor procurement 236 Project Application 28 Add a Task (complete this table for each task) − Construction of project elements − Project management − Final inspections − Grant closeout (3 months) PHASED PROJECTS Phase I activities may include but are not limited to: − Executing State Grant Agreement with MT DES − Procurement of Engineering Services − 30%,60%,90% design plans − Permitting − Environmental and Historic Preservation consultations, data collection, and studies − Reevaluation of Benefit-Cost Analysis (if necessary) − Submission of Phase I deliverables to MT DES for review and approval. Phase II activities may include but are not limited to: − Final construction plans − Procurement of contractor − Construction of the project elements − Project management − Final Inspections − Grant Closeout (3 months) Task description Execute grant agreement with MT State DES Start month (number) Month 1 -September Task duration (in months) 1 Month Task description Procure professional forestry consultant Start month (number) Months 2-3 -October -November Task duration (in months) 2 Months Task description Go/No Go Milestone: Forestry consultant preparation of helicopter logging contract documents, field layout of helicopter treatment unit boundaries, and leave tree clumps. Start month (number) Months 3-9 November -April Task duration (in months) 6 Months Task description Helicopter project bidding phase Start month (number) Months 9-12 April -July 237 Project Application 29 Task duration (in months) 3 Months -This phase and the proceeding phases are dependent upon the United States Forest Service (USFS) helicopter project. USFS intends to begin fuel mitigation in the summer of 2026 which may extend into the summer of 2027 also. Task description Helicopter logging contract phase Start month (month) Months 12-15 July -September Task duration (in months) 3 Months Task description Helicopter contract operating period to complete project Start month (month) Month 15-33 September -April Task duration (in months) Months 18 Task description 3 Months Start month (month) Grant Closeout Task duration (in months) Month 33-36 238 Project Application 30 Schedule Estimate the total duration of your proposed activities (in months). − Request the full 36 months available for the period of performance. − A Gantt chart, or similar, should be included as an attachment to show overlapping and contingent tasks. Attach this in the scope of work section. 36 months Proposed start date (MM/DD/YYYY) Estimate should account for lag time in review. If an application is being submitted to MTDES in March 2026, then an appropriate start time may be September 2026. September 1, 2026 Proposed end date (MM/DD/YYYY) Add the duration (number of months) to the start date. August 30, 2029 Budget Budget cost estimate should directly link to your scope of work and work schedule. You must add at least one item greater than $0 for your cost estimate. Once you have added item(s) for your cost estimate, you may then add the item(s) for management cost (optional). Montana will provide 100 percent state funding for recipient management costs for eligible activities (up to 5% of the resiliency share obligated). As necessary, please adjust your state/local cost share, and add the local funding source(s) you are planning to use for this project. Add Cost estimate budget item(s) Cost type: Treatment of 106 acres at $138/ton Cost estimate: $539,000 10% contingency for mechanical slash treatment Cost estimate: $54,000 5% contingency for consultant forester professional services Cost estimate: $27,000 5% contingency for helicopter contractor mobilization, bonds & insurance Cost estimate: $27,000 239 Project Application 31 Total: $647,000 Treatment Unit Name Unit Area (Acres) Volume Removed (MBF) Weight removed (Tons) Unit Price ($/Ton) DES Resiliency Grant Match Additional Grant funds/match Total NE 24 115 749 $138 $48,686 $12,172 $44,142 $105,000 PCT 3 14 84 546 $138 $34,776 $8,694 $31,530 $75,000 PCT 4 10 60 372 $138 $23,648 $5,912 $21,440 $51,000 PCT 5 14 70 434 $138 $27,821 $6,955 $25,224 $60,000 PCT 6 21 147 911 $138 $58,423 $14,606 $52,971 $126,000 PCT 7 11 44 286 $138 $18,547 $4,637 $16,816 $40,000 South 12 96 595 $138 $38,022 $9,505 $34,473 $82,000 SUBTOTAL 106 616 3,893 $249,923 $62,481 $226,597 $539,000 10% contingency for mechanical slash treatment $25,038.64 $6,260 $22,702 $54,000 5% contingency for consultant forester professional services $12,519.32 $3,130 $11,351 $27,000 5% contingency for helicopter contractor mobilization, bonds & insurance $12,519.32 $3,130 $11,351 $27,000 TOTAL $300,000 $75,000 $272,000 $647,000 240 Project Application 32 241 Project Application 33 Add Cost estimate budget item(s) Unit of measure Acre Cubic foot Cubic yard Day Each Foot Hour Inch Linear foot Mile Million board feet Square foot Square yard Square foot per inch Ton Unit price $27,000 Unit total $27,000 Budget class Administrative and legal expenses Architectural and engineering fees Construction Contingencies Demolition and removal Equipment rental Equipment purchase Land, structures, rights-of-way, appraisals, etc. Miscellaneous Other architectural and engineering fees Project inspection fees Relocation expenses and payments Site work Project phase Phase 1 Phase 2 Not applicable Total budget cost $27,000 Add Cost estimate budget item(s) Name of cost item Treatment Unit Quantity 1 contract Unit price $138 242 Project Application 34 Unit total $539,000 Budget class Administrative and legal expenses Architectural and engineering fees Construction Contingencies Demolition and removal Equipment rental Equipment purchase Land, structures, rights-of-way, appraisals, etc. Miscellaneous Other architectural and engineering fees Project inspection fees Relocation expenses and payments Site work Project phase Phase 1 Phase 2 Not applicable Total budget cost $539,000 Name of cost item Mechanical Slash Treatment Quantity 1 contract 243 Project Application 35 Add Cost estimate budget item(s) Unit of measure Acre Cubic foot Cubic yard Day Each Foot Hour Inch Linear foot Mile Million board feet Square foot Square yard Square foot per inch Ton Unit price $54,000 Unit total $54,000 Budget class Administrative and legal expenses Architectural and engineering fees Construction Contingencies Demolition and removal Equipment rental Equipment purchase Land, structures, rights-of-way, appraisals, etc. Miscellaneous Other architectural and engineering fees Project inspection fees Relocation expenses and payments Site work Project phase Phase 1 Phase 2 Not applicable Total budget cost $54,000 Name of cost item Helicopter contractor mobilization, bonds & insurance Quantity 1 contract 244 Project Application 36 Add Cost estimate budget item(s) Unit of measure Acre Cubic foot Cubic yard Day Each Foot Hour Inch Linear foot Mile Million board feet Square foot Square yard Square foot per inch Ton Unit price $27,000 Unit total $27,000 Budget class Administrative and legal expenses Architectural and engineering fees Construction Contingencies Demolition and removal Equipment rental Equipment purchase Land, structures, rights-of-way, appraisals, etc. Miscellaneous Other architectural and engineering fees Project inspection fees Relocation expenses and payments Site work Project phase Phase 1 Phase 2 Not applicable Total budget cost $27,000 Management cost (optional) is the line item(s) to support the scope of work for the execution and completion of the project. Be sure to include the cost associated with managing the 245 Project Application 37 project/initiative/activity. The total amount of management costs cannot exceed 5% of the total resiliency fund obligation amount. Add Management cost budget item(s) Cost type: Management cost May include but not limited to: − Financial staff support (reimbursement requests, managing invoices, financial reconciliation, and grant closeout) − Administrative staff support (vendor procurement, quarterly reporting, preparing grant-related requests to the state, grant closeout) Item Equipment Office Space Rental Other Salaries Supplies Travel Quantity Unit of measure Acre Cubic foot Cubic yard Day Each Foot Hour Inch Linear foot Mile Million board feet Square foot Square yard Square foot per inch Ton Unit price $0 Unit total $0 246 Project Application 38 Add Management cost budget item(s) Budget class Construction Contractual Equipment Fringe benefits Indirect charges Other Personnel Supplies Travel Pre-award Yes No Project phase Phase 1 Phase 2 Not applicable Management cost total $00.00 Grand total (Cost estimate total + Management cost total) $647,000 Cost share Cost share or matching means the portion of project costs not paid by resiliency funds. Montana Resiliency Funds may be used to pay up to 75% of the eligible activity costs. 247 Project Application 39 Proposed resiliency funding vs. local funding shares Funding Breakdown ▪ Resiliency Share Percentage 75% ▪ Local Share Percentage 25% Based on total budget cost $647,000 Proposed resiliency fund share $300,000 Proposed local share $75,000 Additional grant funds/local match $272,000 Local funding share is that portion of the total costs of the program provided by the applicant in the form of in-kind donations or cash received from third parties or contributed by the agency. Match contributions must be provided and cash expended during the project period along with resiliency funding to satisfy the matching requirements. Add funding source (complete this table for each funding source) Funding source Name the source of the match funding that is being used to meet the local cost-share. Water enterprise fund Name of source agency Name the entity providing the match. City of Bozeman Add funding source (complete this table for each funding source) Funding amount $75,000 Percent local share by source 25% Funding type Administration Cash Consulting fees Engineering fees Equipment operation/rental Labor Other Program income Supplies Date of availability (MM/DD/YYYY) Date when the funds from the match source will become available. July 1, 2026 248 Project Application 40 Fund commitment letter date (MM/DD/YYYY) 3/2/2026 Total percent non-federal share 25%= required cost share Please provide any additional comments (optional) Attachments Attachments to the Cost Estimate section must include but are not limited to: − Cost estimate or opinion of probable cost − Cost Estimate Narrative − Documentation used to support cost estimate assumptions A funding commitment letter MUST be uploaded to the application. It should clearly state − The funding source(s) − The date when the funds will be available − Whether or not the funds have an expiration date 249 Project Application 41 Cost-Effectiveness Cost-Effectiveness How was cost-effectiveness determined for this project? BCA completed in FEMA’s BCA toolkit (Must attach the export file, zip file, pdf file, and other supporting documentation) Attached as Exhibit G If not applicable, explain why this project is not applicable BCA only required for construction projects. If this is a phased application, an initial BCA must be submitted with the application, and then the BCA will need to be refined based on final design before Phase II can be awarded What are the total project benefits? $ 15,544,788 (from the BCA) What is the total project cost? $715,543.00 (from the BCA, will include maintenance costs over the project useful life) What is the benefit cost ratio (BCR) for the entire project? 21.72 From the BCA. Cost-Effectiveness Does the mitigation measure incorporate nature-based solutions? Yes No Select “yes” if the project activities incorporate nature- based approaches. Nature-based solution benefits can be incorporated in the BCA as separate mitigation actions. Please provide any additional comments. Recommended: Discuss any ancillary benefits the project is providing that were not captured by the BCA, e.g., habitat restoration, removal of invasive species, social benefits to residents in the project area. For the BCA calculation, I kept the total budget amount for this project at $647,000. 250 Project Application 42 Attachments Required: − FEMA BCA toolkit file (utilizing most recent version). Either zip or excel file. − FEMA BCA toolkit report file (pdf) − BCA supporting documentation − BCA Narrative/Technical Memo (narrative that describes the BCA approach and includes references to supporting documentation) All attached with Exhibit G -BCA Report 251 Project Application 43 Environmental/Historic Preservation (EHP) Review Information An environmental/historic preservation review is required for all activities for which Montana Resiliency funds are being requested. MT DES will complete this review with the assistance of both the state or tribal government and the local applicant. It is important that you provide accurate information. If you are having problems completing this section, please contact your application point of contact. Note: The Environmental and Historic Preservation section must be answered using best available data and the most recent consultation the applicant has had with the federal or state agency managing the historic or environmental resource. The applicant must attach supporting documentation, including consultation letters or data from desk reviews, to support each of their responses. The next section does not include specific response guidance. A. National Historic Preservation Act - Historic Buildings and Structures 1. Does your project affect or is it in close proximity to any buildings or structures 50 years or more in age? Yes No Not known If Yes, you must confirm that you have provided the following: The property address and original date of construction for each property affected (unless this information is already noted in the Properties section) A minimum of two color photographs showing at least three sides of each structure (Please label the photos accordingly) A diagram or USGS 1:24,000 scale quadrangle map displaying the relationship of the property(s) to the project area 252 Project Application 44 A. National Historic Preservation Act - Historic Buildings and Structures If Yes, to help MT DES and SHPO/THPO evaluate the impact of the project, please indicate any other information you are providing. Information gathered about potential historic properties in the project area, including any evidence indicating the age of the building or structure and presence of buildings or structures that are listed or eligible for listing on the National Register of Historic Places or within or near a National Register listed or eligible historic district. Sources for this information may include the State Historic Preservation Officer, and/or the Tribal Historic Preservation Officer (SHPO/THPO), your local planning office, historic preservation organization, or historical society. Consideration of how the project design will minimize adverse effects on known or potential historic buildings or structures, and any alternatives considered or implemented to avoid or minimize effects on historic buildings or structures. Please address and note associated costs in your project budget. For acquisition/demolition projects affecting historic buildings or structures, any data regarding the consideration and feasibility of elevation, relocation, or flood proofing as alternatives to demolition. Attached materials or additional comments. If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES and SHPO/THPO in its review. (optional) The project area is near the Sourdough Intake which was first used in 1917. It has been reconstructed over the years. The current dam structure was built in 1969. In 2002, the structure underwent a major upgrade which is still currently used. This summer 2025, the dam will undergo another major upgrade to implement diversion infrastructure. The primary purpose of this project is to reduce the forest fire fuel loads in the Sourdough Creek municipal watershed to minimize adverse effects on buildings and structures in the event of wildfire. The project budget reflects the cost to protect all structures near the project site. 253 Project Application 45 Attachments Attach the following: − Correspondence with the State Historic Preservation Office and Tribal Historic Preservation Office(s). − USGS topographic maps − Pictures of the project area, including pictures of the assets to be mitigated as well as the surrounding area − If there are several facilities, provide an inventory of the assets to be mitigated and the age of construction B. National Historic Preservation Act - Archeological Resources 1. Does your project involve disturbance of ground? Yes No Not known If Yes, please confirm that you have provided the information below by selecting each checkbox. (If you have not provided these documents in any other section of the application, please attach the required documents below.) A description of the ground disturbance by giving the dimensions (area, volume, depth, etc.) and location. The past use of the area to be disturbed, noting the extent of previously disturbed ground. A USGS 1:24,000 scale or other site map showing the location and extent of ground disturbance. If Yes, to help MT DES and SHPO/THPO evaluate the impact of the project, please indicate below any other information you are providing. (optional) Any information about potential historic properties, including archeological sites, in the project area. Sources of this information may include SHPO/THPO, and/or the Tribe's cultural resources contact if no THPO is designated. Include, if possible, a map showing the relation of any identified historic properties to the project area. Attached materials or additional comments. If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES and SHPO/THPO in its review. (optional) Yes, the project will have ground disturbance. The areas of ground disturbance include the fuels reduction treatment units, helicopter landing sites and equipment haul routes to/from the landing sites. Treatment unit total area is approximately 100 acres. Minor ground disturbance within these acres may be expected due to felling of mature standing trees to the ground, and subsequent picking of trees by the helicopter for flight to a landing area. Ground 254 Project Application 46 disturbances in treatment units are expected to heal quickly. Moderate ground disturbance at the landing area may be expected from use of heavy logging machinery necessary to process deck and haul logs. Minor ground disturbance at the helicopter service landing may be expected due to fuel tankers and maintenance vehicles. Impacts at landings areas are temporary and easily reclaimed by re-establishment of native ground cover. Ground disturbance is not anticipated for equipment haul routes. Attachments Attach maps that show: − Areas of ground disturbance − Project work areas − Project staging areas In addition, attach the following: − Supplementary document that describes the amount of ground disturbance involved in the project (area, volume, depth) − Existing archeological surveys C. Endangered Species Act and Fish and Wildlife Coordination Act 1. Are Federally listed threatened or endangered species or their critical habitat present in the area affected by the project? Yes No Not known C. Endangered Species Act and Fish and Wildlife Coordination Act If Yes, please confirm that you have provided the information below by selecting each checkbox. (If you have not provided these documents in any other section of the application, please attach the required documents below.) Information you obtained to identify species in or near the project area. Provide the source and date of the information cited. If Yes, to help MT DES evaluate the impact of the project, please indicate below any other information you are providing. (optional) Any request for information and associated response from the USFWS, or your State Wildlife Agency, regarding potential listed species present and potential of the project to impact those species. Attached materials or additional comments. 255 Project Application 47 If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES in its review. (optional) Yes, there are federally listed threatened species' critical habitats present in the project area such as Canada lynx and grizzly bear. The City of Bozeman has had ongoing conversations with the USFS and USFWS concerning threatened or endangered species and the effects on their critical habitat in the project area. Attached below are letters of opinion and biological assessments concerning these issues. 2. Does your project remove or affect vegetation? Yes No Not known If Yes, please confirm that you have provided the information below by selecting each checkbox. (If you have not provided these documents in any other section of the application, please attach the required documents below.) Description of the amount (area) and type of vegetation to be removed or affected. A site map showing the project area and the extent of vegetation affected. Photographs or digital images that show both the vegetation affected and the vegetation in context of its surroundings. If Yes, to help MT DES evaluate the impact of the project, please indicate below any other information you are providing. (optional) Attached materials or additional comments. If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES in its review. (optional) The fuels reduction prescription will consist of selective thinning of mature Douglas fir and lodgepole pine trees in a group removal fashion within a grouping pattern laid out in the field by the City’s consultant forester. The forester selects particular groups of trees for removal given existing stand conditions, stand density, terrain slope and aspect, and tree health in order to create a thinned landscape mosaic. The treatment prescription will be laid out by the consultant forester to remove 40-50% of trees within the 100-acre treatment unit. Actual percent-removal may vary given stand conditions. The remaining groups of “leave- trees” in the treatment unit are spaced to reduce the susceptibility of crown fire traveling from one group to the next.  This prescription creates a higher probability that fire will stay on the ground where it takes on lower intensity behavior that is much easier to contain and suppress compared to the unpredictable, high-intensity nature of crown fire. 3. Is your project in, near (within 200 feet), or likely to affect any type of waterway or body of water? Yes No Not known C. Endangered Species Act and Fish and Wildlife Coordination Act 256 Project Application 48 If Yes, and project is not within an existing building, you must confirm that you have provided the following: (If you have not provided these documents in any other section of the application, please attach the required documents below.) A USGS 1:24,000 scale quadrangle map showing the project activities in relation to all nearby water bodies (within 200 feet). Any information about the type of water body nearby including: its dimensions, the proximity of the project activity to the water body, and the expected and possible changes to the water body, if any. Identify all water bodies regardless of whether you think there may be an effect A photograph or digital image of the site showing both the body of water and the project area. If Yes, to help MT DES evaluate the impact of the project, please indicate below any other information you are providing. (optional) Evidence of any discussions with the US Fish and Wildlife Service (USFWS), and/or your State Wildlife Agency concerning any potential impacts if there is the potential for the project to affect any water body. Attached materials or additional comments. If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES in its review. (optional) Yes, the project area is near Bozeman Creek. Bozeman Creek is 15.789 miles long located in the Sourdough Canyon, but only the lower one third of the creek is in the project area. Per Montana DEQ, Bozeman Creek is designated as A-Closed with no allowable point sources of pollution and very strict controls on turbidity and non-point sources. In a previous record of decision completed in 2011, the USFS recognized that helicopter logging may increase sedimentation above natural sedimentation, but the benefits of fuel mitigation “far outweigh” the short increases in sediment that would occur. Additionally, the City confirmed that any increased sedimentation produced would not adversely affect the water treatment facilities. This project will not affect the creek long-term, and no changes are expected to the water body. Attachments Attach the following: − A USFWS Wetlands Map with the project area identified. − Correspondence with the USFWS and/or Montana Fish Wildlife and Parks − Print out from USFWS Information for Planning and Consultation (IPaC) D. Clean Water Act, Rivers and Harbors Act, and Executive Order 11990 (Protection of Wetlands) 257 Project Application 49 1. Will the project involve dredging or disposal of dredged material, excavation, adding fill material or result in any modification to water bodies or wetlands designated as "waters of the U.S" as identified by the US Army Corps of Engineers or on the National Wetland Inventory? Yes No Not known D. Clean Water Act, Rivers and Harbors Act, and Executive Order 11990 (Protection of Wetlands) If Yes, please confirm that you have provided the information below by selecting each checkbox. (If you have not provided these documents in any other section of the application, please attach the required documents below.) Documentation of the project location on a USGS 1:24,000 scale topographic map or image and a copy of a National Wetlands Inventory map or other available wetlands mapping information. A copy of a National Wetlands Inventory map or other available wetlands mapping information. If Yes, to help MT DES evaluate the impact of the project, please indicate below any other information you are providing. (optional) Request for information and response letter from the US Army Corps of Engineers and/or State resource agencies regarding the potential for wetlands, and applicability of permitting requirements. Evidence of alternatives considered to eliminate or minimize impacts to wetlands. Attached materials or additional comments. If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES in its review. (optional) Attachments E. Executive Order 11988 (Floodplain Management) 1. Does a Flood Insurance Rate Map (FIRM), Flood Hazard Boundary Map (FHBM), hydrologic study, or some other source indicate that the project is located in or will affect a 100 year floodplain, a 500 year floodplain if a critical facility, an identified regulatory floodway, or an area prone to flooding? Yes No Not known 258 Project Application 50 If Yes, please indicate and/or provide any documentation to identify the means or the alternatives considered to eliminate or minimize impacts to floodplains (See the 8 step process found in 44 CFR Part 9.6.) to help MT DES evaluate the impact of the project. Yes, a FIRM exists that contains a mapped Zone A floodplain within the project area for Sourdough Creek. The mapped floodplain boundary does encroach upon the lower helicopter landing site. E. Executive Order 11988 (Floodplain Management) If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES in its review. (optional) If the lower landing is used, the work is in the mapped floodplain. We will mitigate any flood hazard to the project by waiting until after spring high flow subsides before conducting operations. Since we will not be storing the slash piles onsite, there are no semi-permanent or permanent work activities occurring in the floodplain. 2. Does the project alter a watercourse, water flow patterns, or a drainage way, regardless of its floodplain designation? Yes No Not known If Yes, please indicate any other information you are providing to help MT DES evaluate the impact of the project. Hydrologic/hydraulic information from a qualified engineer to demonstrate how drainage and flood flow patterns will be changed and to identify down and upstream effects. Request for information and response letter from the State water resource agency, if applicable, with jurisdiction over modification of waterways. Attached materials or additional comments. If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES in its review. (optional) Attachments Attach a FEMA FIRMette identifying the project area. Exhibit H and Exhibit H1 is attached. F. Coastal Zone Management Act 1. Is the project located in the State's designated coastal zone? Yes No Not known 259 Project Application 51 If Yes, please indicate any other information you are providing to help MT DES evaluate the impact of the project. Information resulting from contact with the appropriate State agency that implements the coastal zone management program regarding the likelihood of the project’s consistency with the State’s coastal zone plan and any potential requirements affecting the cost or design of the proposed activity. Attached materials or additional comments. If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES in its review. (optional) Attachments G. Farmland Protection Policy Act 1. Will the project convert more than 5 acres of “prime or unique” farmland outside city limits to a non-agricultural use? Yes No Not known If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES in its review. (optional) Attachments H. Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response Compensation and Liability Act (CERCLA) (Hazardous and Toxic Materials) 1. Is there a reason to suspect there are contaminants from a current or past use on the property associated with the proposed project? Yes No Not known If Yes, please indicate any other information you are providing to help MT DES evaluate the impact of the project. Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. 260 Project Application 52 If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES in its review. (optional) 2. Are there any studies, investigations, or enforcement actions related to the property associated with the proposed project? Yes No Not known If Yes, please indicate any other information you are providing to help MT DES evaluate the impact of the project. Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. H. Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response Compensation and Liability Act (CERCLA) (Hazardous and Toxic Materials) If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES in its review. (optional) 3. Does any project construction or operation activities involve the use of hazardous or toxic materials? Yes No Not known If Yes, please indicate any other information you are providing to help MT DES evaluate the impact of the project. Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of, or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES in its review. (optional) The helicopter extraction operation involves the use of jet fuel for the helicopter. Helicopter emissions could pose an exposure risk of hazardous or toxic materials to the environment. The 2011 USFS record of decision addresses any adverse effects from emissions. The other potential hazard to air quality is slash pile burning, but this potential hazard will be eliminated with chipping. 261 Project Application 53 4. Do you know if any of the current or past land-uses of the property affected by the proposed project or of the adjacent properties are associated with hazardous or toxic materials? Yes No Not known If Yes, please indicate below any other information you are providing to help MT DES evaluate the impact of the project. Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. If Yes or Not Known, please provide an explanation and any information about this project that could assist MT DES in its review. Attachments Attach: − Regulatory permits applicable to the project − Existing Environmental Site Assessments for the project area − Relevant correspondence with regulatory agencies The USFS Record of Decision is attached as Exhibit E. Evaluation Evaluation Is the applicant participating in the Community Rating System (CRS)? https://www.fema.gov/national-flood- insurance-program-community-rating-system Yes No Provide answer depending on jurisdiction’s participation in CRS. If Yes, what is their CRS rating? 1 2 3 4 5 6 7 x 8 9 10 Evaluation 262 Project Application 54 Is the applicant a Cooperating Technical Partner (CTP)? https://www.fema.gov/cooperating- technical-partners-program Yes No Provide answer depending on jurisdiction’s participation in CTP. Has the applicant adopted building codes consistent with the International Codes? https://www.iccsafe.org/advocacy Yes No If Yes, enter year of building code. 2021 If Yes, please provide the building code. Internal Building Code, Mechanical Code, Fuel Gas Code, Energy Conservation Code, Existing Building 263 Project Application 55 Describe involvement of partners to enhance the mitigation activity outcome. Response should address: − Leveraging Partners − Community Engagement and Other Outreach Activities Address the following: − List local community partners that participated in identifying and scoping the proposed project. This could include planning meetings that occurred during the Hazard Mitigation Planning process. − Describe how non-governmental organizations were consulted, or collaborated on project development. − Describe to what extent stakeholders contributed to the project and what specific activities occurred. − Describe any partnerships with neighboring jurisdictions and how they are working together to increase community resilience. − Describe any private partnerships that are part of the project work (if any) and what those private partners are contributing (staff, funds, equipment, etc.) − Describe what planning processes were leveraged during the development of the project proposal to advance the mitigation activities. The City’s partner involvement has been an ongoing conversation with the State of MT Department of Natural Resources (MT DNRC), private landowners, Gallatin County, and the U.S. Forest Service (USFS). Each entity plays a crucial role in the mitigation activity outcome. For example, some of the mitigation activities include the following. In February 2025, the City in partnership with MT DNRC and the USFS completed an education and outreach campaign about the Sourdough Creek Fuel Reduction project. Also, during this period, the USFS performed fuel mitigation on adjacent property of private landowners and the City. The City also participates in the Fire Adapted Gallatin Working Group where many local, state and federal organizations meet to discuss and plan wildfire mitigation activities. The City participates in Gallatin County’s Hazard Mitigation and Community Wildfire Protection Plan. Forest fire mitigation is not one entity’s sole responsibility to manage. Per Headwaters Economics (headwaterseconomics.org), “wildfire exposure is the spatial coincidence of wildfire likelihood (the probability of wildfire occurring) and wildfire intensity (the energy released by a wildfire) with communities. Buildings that are minimally exposed are not likely to be subjected to wildfire. Buildings that are indirectly exposed may be subjected to wildfire from 264 Project Application 56 indirect sources such as embers and home-to-home ignition. Buildings that are directly exposed may be subjected to wildfire from adjacent flammable wildland vegetation, as well as from indirect sources.” The takeaway here is that the planning, education, outreach, and mitigation exercises that local, state, and federal partners are involved in enhance the mitigation activity outcome. Additional comments (optional) Attachments Attachments can include but are not limited to: − Letters of support from community organizations, political representatives, and other stakeholders. − Data that demonstrates increasing rates of development in the project area, and any other relevant resources that support the need for the project. Location Project Location 265 Project Application 57 Provide a detailed description of the proposed project's location. This should be similar if not exactly the same as the Geographical description provided as part of the scope of work section. Your response must: − Describe the project activity area. − Name the neighborhoods, districts, towns, cities, counties, and/or open space areas where the project will occur. − Describe the proximity of the project activity areas to people, structures, and infrastructure. − Describe topographical, geological, and/or vegetative features of the project activity area. The project area is situated on approximately 380 acres of contiguous land described as aliquot parts of Sections 7, 17, and 18 of T3S, R6E. Helicopter extraction of fuels is proposed for approximately 100 acres. Latitude (e.g. -80.430101, should be between -90 to +90, but not 0) 45.582111 Longitude (e.g. 100.430101, should be between -180 to +180, but not 0) -111.022247 Attachments You must attach: − Project area maps that clearly show the project activity areas, clearly delineating o Work sites o Staging areas − Include geocoordinates for the beginning and end of all segments to be mitigated Attached as Exhibit J Project Benefiting Area 266 Project Application 58 Provide a detailed description of the proposed project's benefiting area Describe the area that will benefit from the project. − What type of land use there is (residential, commercial, industrial, agricultural). − Describe the population that will benefit. − If there are disadvantaged communities in the project area, describe benefits to these communities. − Describe benefits to local habitat and species. Response should address: − Population Impacted The immediate area of benefit is the City of Bozeman's aliquot parts of Sections 7, 17, and 18 of Township 3S, Range 6E. The project area is contiguous with private property within the WUI in Gallatin County and USFS property. The benefitting area extends beyond the project location because prevailing winds typically blow from a southwesterly direction. A fire start outside of the project area that runs into the project area stands a higher likelihood of being arrested at the project area due to reduced fuels load. If the fire is stopped at the project area, then it will not continue to spread along the prevailing wind direction, which will prevent fire from migrating to additional private lands in the WUI as well as state trust land managed by MT DNRC. Attachments Attach any data or documentation that support the description of the project benefiting area. Include map(s) of the project benefitting area including assets to be protected and the project site. Project Impact Area Provide a detailed description of the proposed project's impact area Describe the project area that will be impacted by the project. This area may extend past the area that will directly benefit from the project. This area may also include sites that may be subject to unintended externalities resulting from the project. The proposed project area is located on City of Bozeman- owned land surrounding the water supply intake, bordered by USFS and nearby private property in the wildland urban 267 Project Application 59 interface. The Sourdough Creek watershed which is located near the center of this project impact area is considered one of Montana’s most important areas for fuels reduction. In the proposed project area, all three types of wildfire fuels exist -ground fuels, ladder fuels, and canopy fuels. According to the Montana Natural Heritage Program, https://mtnhp.org, in the Sourdough watershed, the common forest habitat types found are Douglas Fir, Lodgepole Pine, and Subalpine Fir. Most of the project area is mature, overstocked stands of Douglas fir and the purpose of this project is to reduce fuel loadings within the stands and help reduce the intensity of a fire within this treated area. Noxious weeds seen in the project area include spotted knapweed, leafy spurge and Canada thistle caused by the heavy recreational use of Sourdough Trail. Lastly, no plant Species of Concern have been documented by the Montana Natural Heritage Program database in the project area. Species of Concern such as white bark pine have been observed at higher elevations of 7,000-7,500 ft. which is outside of the City of Bozeman property. The maximum elevation for our project area is 6,400 ft. The project impact area is specific to helicopter fuels reduction treatment units, helicopter landing sites and equipment haul routes to/from the landing sites. Treatment unit total area is approximately 100 acres. Minor ground disturbance within these acres may be expected due to felling of mature standing trees to the ground, and subsequent picking of trees by the helicopter for flight to a landing area. Ground disturbances in treatment units is expected to heal quickly. Moderate ground disturbance at the landing area may be expected from use of heavy logging machinery necessary to process, deck and haul logs. Minor ground disturbance at the helicopter service landing may be expected due to fuel tankers and maintenance vehicles. Impacts at landings areas are temporary and easily reclaimed by re-establishment of native ground cover. Ground disturbance is not anticipated for equipment haul routes. Attachments Project Site Inventory Does this project application propose to mitigate a property/structure(s)? (Examples: residential home, commercial building, bridge, fire station, levee, pumping station, wastewater treatment plant, telephone pole, electric line, etc.) Yes No If Yes, do you know the location of the structure? Yes No Answer “yes” if you know the exact addresses. 268 Project Application 60 269 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Water Resource Engineer II Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to sign the Notice of Award and contract documents once received for the East Gallatin River Bank 3 Restoration Project, Capital Improvement Plan (CIP) Project No. WW111 to Olympus Technical Services, Inc. MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Notice of Award and contract documents once received for the East Gallatin River Bank 3 Restoration Project, Capital Improvement Plan (CIP) Project No. WW111 to Olympus Technical Services, Inc. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of the Notice of Award for the East Gallatin River Bank 3 Restoration Project. The City has identified the need to stabilize a section of the East Gallatin River adjacent to the City’s Water Reclamation Facility outfall, where continued erosion has undermined the bank, an existing gravel fines path, and caused the failure of an irrigation pipeline. The section of the river needs to be stabilized to address the current issues as well as prevent continued erosion, posing a risk to the WRF’s outfall. The project was advertised for bid on February 7th, 2026. The bid opening occurred on February 27th, 2026, with six bids received. The original low bid was submitted by Highland Construction; however, after review of their bid, Highland Construction determined a significant error had been made and withdrew their bid. The next low bid was submitted by Olympus Technical Services Inc. After review, Olympus Technical Services Inc is recommended for the award. Attached are the Notice of Award, Contract Award Recommendation, and Contract Documents. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:The contract amount totals $327,389.00. Funding is provided from the 270 Wastewater Fund for CIP No. WW111, which has an available project budget of $427,678 in FY26, as such adequate funding exists. Attachments: East Gallatin River Bank 3 Restoration_NOA.pdf East Gallatin Bank 3 Restoration_NOA Recommendation.pdf East Gallatin River Bank 3 Restoration_Contract Documents.pdf Report compiled on: March 12, 2026 271 EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Guidelines Page 1 of 1 NOTICE OF AWARD Date of Issuance: March 24th, 2026 Owner: City of Bozeman Engineer: HDR, Inc. Owner’s Project Number:NA Engineer’s Project Number: Project: East Gallatin River Bank 3 Restoration Contract Name:East Gallatin River Bank 3 Restoration Bidder: Olympus Technical Services, Inc.Bidder’s Address: 765 Colleen St. Helena, MT 59601 You are notified that Owner has accepted your Bid dated February 27th, 2026 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: The Base Bid plus Alternative - Engineered Log Jam 1 and 2. The Contract Price of the awarded Contract is $327,389.00. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost-plus-fee basis, as applicable. Three (3) unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1.Deliver to Owner Three (3) counterparts of the Agreement, signed by Bidder (as Contractor). 2.Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions, Articles 2 and 6. 3.Other conditions precedent (if any): None__________________________________________ Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: City of Bozeman By (signature): _______________________________________________ Name (printed): Chuck Winn______________________________________________ Title: City Manager______________________________________________ Copy: Engineer 272 hdrinc.com 2150 Analysis Drive Suite A Bozeman, MT 59718-3820 (406) 577-5015 March 6, 2026 Griffin Nielsen, PE City of Bozeman – Engineering 20 E. Olive St. P.O. Box 1230 Bozeman, MT 59771 RE: East Gallatin River Bank 3 Restoration Recommendation to Award Dear Griffin Nielsen, Bids for the construction of the East Gallatin River Bank 3 Restoration Project were received on February 27, 2026. Six bids in total were received. The bid tabulation is attached. The range of lump sum bid prices was $303,697, with the lowest of the lump sum bid prices being Highland Construction Services. The range of the lump sum bid price with both alternatives included was $728,377, the lowest price being Highland Construction Services. Considering the cost with and without the inclusion of design alternatives, Highland Construction Services submitted the lowest bid at $245,028 and $185,028 respectively. Highland Construction Services lump sum base bid price of $185,028 is lower than the engineer’s estimate of $254,700. Highland Construction Service’s bid with inclusion of design alternatives price of $245,028 is lower than the engineer’s estimate of $354,700. Our review of Highland Construction Service’s submittal finds them to be non-responsive and they’ve indicated errors in their bid. The cost with and without the design alternatives, Olympus Technical Services submitted the second lowest bid at $249,230 and $327,389 respectively. Olympus Technical Service’s lump sum base bid price of $249,230 is lower than the engineer’s estimate of $254,700. Olympus Technical Service’s bid with inclusion of design alternatives price of $327,389 is lower than the engineers estimate of $354,700. Our review of Olympus Technical Service’s submittal finds them to be responsive and qualified to perform the work. We recommend that the City of Bozeman proceed with the necessary steps to award the project to Olympus Technical Services. If you have any questions or comments please don’t hesitate to contact me. Sincerely, HDR Inc. Heather Nold, PE Project Engineer 273 Bid No.BIDDERLump Sum Bid Price for Base BidAlternate Composite Lump Sum Bid Price for Base and AlternatesComplete Bid FormBid Bond Security ProvidedAddenda Acknowledged1Highland Construction Services $185,028.00 $60,000.00 $245,028.00X X X2Olympus Technical Services $249,230.00 $78,159.00 $327,389.00X X X3Streamworks $283,106.25 $67,000.00 $350,106.25X X X4CK May Excavating $240,000.00 $185,000.00 $425,000.00X X X5Broadwater Construction $342,700.00 $195,498.00 $538,198.00X X X67F Services $488,725.00 $484,680.00 $973,405.00X X XHeather Nold, PE , HDR Engineering, Inc.City of Bozeman East Gallatin River Restoration Bank 3274 City of Bozeman East Gallatin River Bank 3 Construction Documents Project Manual ISSUED FOR BID FEBRUARY 2026 Prepared for City of Bozeman by: HDR Inc. 2150 Analysis Dr. Suite A Bozeman, MT 59718 HDR Project No. 10440142 275 This page intentionally left blank. 276 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID TABLE OF CONTENTS 00 01 10 - 1 TABLE OF CONTENTS DIVISION 00 — PROCUREMENT AND CONTRACTING REQUIREMENTS 00 11 13 – CITY OF BOZEMAN ADVERTISEMENT FOR BIDS 00 21 13 – EJCDC C-200 INSTRUCTIONS TO BIDDERS 00 41 13 – BID FORM (EJCDC C-410-2018) 00 43 13 – BID BODN PENAL SUM FORM (EJCDC C-430-2018) 00 45 31 - NON-DISCRIMINIATION AFFIRMATION 00 46 00 – NON-COLLUSION AFFIDAVIT 00 51 10 – EJCDC C-510 NOTICE OF AWARD 2018 00 52 13 – AGREEMENT FORM 00 61 13 – PERFORMANCE BOND (EJCDC C-610-2018) 00 61 14 – PAYMENT BOND (EJCDC C-615-2018) 00 63 13 – REQUESTS FOR INFORMATION 00 65 00 – EJCDC C-550 NOTICE TO PROCEED 2018 00 72 13 – GENERAL CONDITIONS (EJCDC C-00-2018) 00 73 01 – SUPPLEMENTARY CONDITIONS (EJCDDC C-800-2018) 00 73 46 – WAGE DETERMINATION SCHEDULE 00 94 00 – EJCDC C-940 WORK CHANGE DIRECTIVE 00 94 10 – EJCDC C-941 CHANGE ORDER 2018 00 94 20 – EJCDC C-942 FIELD ORDER 2018 DIVISION 01 — GENERAL REQUIREMENTS 01 29 73 - SCHEDULE OF VALUES 01 32 16 - CONSTRUCTION PROGRESS SCHEDULE 01 33 00 - SUBMITTAL PROCEDURES 01 71 14 - MOBILIZATION AND DEMOBILIZATION DIVISION 02 — EXISTING CONDITIONS 02 41 00 - DEMOLITION DIVISION 31 — EARTHWORK 31 10 00 - SITE CLEARING 31 20 01.SHORT_FORM - EARTH MOVING 31 22 19 - FINISH GRADING 31 23 19 - DEWATERING 31 37 00 - ROCK RIFFLE MATERIAL DIVISION 32 — EXTERIOR IMPROVEMENTS 32 84 00 - IRRIGATION SYSTEM 32 92 00 - SEEDING, SODDING AND LANDSCAPING 277 This page intentionally left blank. 278 DIVI SION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS 279 HDR Project No. 10440142 City of Bozeman East Gallatin River Bank 3 CITY OF BOZEMAN ADVERTISEMENT FOR BIDS 00 11 13 00 11 13 CITY OF BOZEMAN ADVERTISEMENT FOR BIDS Notice is hereby given that the City of Bozeman, Montana, is accepting sealed bids for: EAST GALLATIN RIVER STREAM BANK 3 RESTORATION Separate sealed Bids for Construction of City of Bozeman East Gallatin River Bank 3 Restoration will be received by the City Clerk at the office at City Hall, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230 until 2pm on Friday February 27, 2026 and then publicly opened and read aloud. Original copies must be submitted - no faxed or electronic bids will be accepted. A. The physical address is: City Clerk’s Office, Suite 200, City Hall, 121 No. Rouse Avenue, Bozeman, Montana. B. The mailing address is: City Clerk’s Office, Suite 200, City Hall, P.O. Box 1230, Bozeman, Montana 59771. The Contract Documents may be examined or obtained at the office of HDR, 2150 Analysis Drive, Bozeman, Montana 59718 phone, (406) 417-6103, in accordance with the Instructions To Bidders. Required deposit is $50.00 for the Hard Copy Construction Specifications and Contract Documents booklet, or $20.00 for the Electronic Copy Construction Specifications and Contract Documents booklet either of which is non-refundable. Address all inquiries related to the Bid to Dan March of HDR at the address and phone listed above. There will be an optional Pre-Bid Conference at the City of Bozeman Water Reclamation Facility (WRF), 2245 Springhill Rd, Bozeman, Montana at 1pm February 20, 2026. Contractor must notify Dan March at HDR if they intend to attend the Pre-Bid Conference 1 week prior to pre-bid conference ((406) 417-6103, Daniel.March@hdrinc.com). CONTRACTOR and any of the CONTRACTOR’S subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the DLI, PO Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling (406) 444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. Discrimination in the performance of any contract awarded under this invitation 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. Every entity submitting under this invitation must sign and return the required affirmation. Each Bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the Bid. Successful BIDDERS shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance, as required, shall be provided by the successful BIDDER(s) and certificates of that insurance shall be provided. No Bid may be withdrawn after the scheduled time for the public opening of bids. The City of Bozeman reserves the right to reject any or all proposals received, to waive informalities to postpone the award of the contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the City of Bozeman. 280 HDR Project No. 10440142 City of Bozeman East Gallatin River Bank 3 CITY OF BOZEMAN ADVERTISEMENT FOR BIDS 00 11 13 The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 7th day of February 2026. Mike Mass Bozeman City Clerk Published Legal Ad, Bozeman, Montana Saturday, February 7, 2026 Saturday, February 21, 2026 END OF SECTION 281 SECTION 00 21 13 EJCDC C-200 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Page ARTICLE 1 – Defined Terms 2 ARTICLE 2 – Copies of Bidding Documents 2 ARTICLE 3 – Qualifications of Bidders 2 ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site 3 ARTICLE 5 – Bidder’s Representations 5 ARTICLE 6 – Pre-Bid Conference 6 ARTICLE 7 – Interpretations and Addenda 6 ARTICLE 8 – Bid Security 6 ARTICLE 9 – Contract Times 7 ARTICLE 10 – Liquidated Damages 7 ARTICLE 11 – Substitute and “Or-Equal” Items 7 ARTICLE 12 – Subcontractors, Suppliers, and Others 8 ARTICLE 13 – Preparation of Bid 8 ARTICLE 14 – Basis of Bid 9 ARTICLE 15 – Submittal of Bid 9 ARTICLE 16 – Modification and Withdrawal of Bid 10 ARTICLE 17 – Opening of Bids 10 ARTICLE 18 – Bids to Remain Subject to Acceptance 10 ARTICLE 19 – Evaluation of Bids and Award of Contract 11 ARTICLE 20 – Bonds and Insurance 11 ARTICLE 21 – Signing of Agreement 11 ARTICLE 22 – Sales and Use Taxes 12 282 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 00 21 13 - 2 ARTICLE 1—DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office – The office from which the Bidding Documents are to be issued. ARTICLE 2—COPIES OF BIDDING DOCUMENTS 1.02 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement. 1.03 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 1.04 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. ARTICLE 3—QUALIFICATIONS OF BIDDERS 1.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information: A. Evidence of Bidder’s authority to do business in the state where the Project is located. B. Bidder’s state or other contractor license number, if applicable. C. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.” 1.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 1.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. 1.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications. 283 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 00 21 13 - 3 ARTICLE 4—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE 1.05 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 1.06 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify: a. Those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. b. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. 284 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 00 21 13 - 4 C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. 1.07 Site Visit and Testing by Bidders A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 1.08 Owner’s Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions. 1.09 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities 285 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 00 21 13 - 5 and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 5—BIDDER’S REPRESENTATIONS 1.10 It is the responsibility of each Bidder before submitting a Bid to: A. Examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B. Visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. Become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work; D. Carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings; E. Consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs; F. Agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; 286 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 00 21 13 - 6 G. Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; I. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J. Agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 6—PRE-BID CONFERENCE 1.11 A pre-Bid conference will be held at the time and location stated in the advertisement for bids. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 7—INTERPRETATIONS AND ADDENDA 1.12 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 1.13 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. ARTICLE 8—BID SECURITY 1.14 A Bid must be accompanied by Bid security made payable to Owner in an amount of 10 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. 287 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 00 21 13 - 7 1.15 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. 1.16 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 1.17 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening. ARTICLE 9—CONTRACT TIMES 1.18 The number of days within which, or the dates by which, the Work is to be substantially completed, and completed and ready for final payment, are set forth in the Agreement. ARTICLE 10—LIQUIDATED DAMAGES 1.19 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 11—SUBSTITUTE AND “OR-EQUAL” ITEMS 1.20 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract. 1.21 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk. 288 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 00 21 13 - 8 ARTICLE 12—SUBCONTRACTORS, SUPPLIERS, AND OTHERS 1.22 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. 1.23 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection. 1.24 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed. If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 1.25 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. ARTICLE 13—PREPARATION OF BID 1.26 The Bid Form is included with the Bidding Documents. A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein. 289 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 00 21 13 - 9 B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” 1.27 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. 1.28 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The partnership’s address for receiving notices shall be shown. 1.29 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm’s address for receiving notices shall be shown. 1.30 A Bid by an individual shall show the Bidder’s name and address for receiving notices. 1.31 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown. 1.32 All names shall be printed in ink below the signatures. 1.33 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 1.34 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 1.35 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14—BASIS OF BID 1.36 Lump Sum A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form. ARTICLE 15—SUBMITTAL OF BID 1.37 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and 290 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 00 21 13 - 10 the other documents required to be submitted under the terms of Article 7 of the Bid Form. 1.38 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement for bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” 1.39 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 16—MODIFICATION AND WITHDRAWAL OF BID 1.40 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 1.41 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids. 1.42 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17—OPENING OF BIDS 1.43 Bids will be opened at the time and place indicated in the advertisement for bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18—BIDS TO REMAIN SUBJECT TO ACCEPTANCE 1.44 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. 291 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 00 21 13 - 11 ARTICLE 19—EVALUATION OF BIDS AND AWARD OF CONTRACT 1.45 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 1.46 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid. 1.47 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. For the determination of the apparent low Bidder when multiple bid item price bids are submitted, Bids will be compared on the basis of the total lump sum items. 1.48 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 1.49 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. ARTICLE 20—BONDS AND INSURANCE 1.50 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. ARTICLE 21—SIGNING OF AGREEMENT 1.51 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of 292 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-200 INSTRUCTIONS TO BIDDERS 00 21 13 - 12 counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. ARTICLE 22—SALES AND USE TAXES 1.52 All applicable laws, ordinances and the rules and regulations of authorities having jurisdiction over construction of the project shall apply to the Contract throughout. State laws and ordinances which the CONTRACTOR must comply with include, but are not limited to, those involving workmen’s compensation insurance, contractor registration, employment preference to Montana contractors and Montana residents, and gross receipts tax. 1.53 MONTANA CONTRACTOR REGISTRATION REQUIREMENT. Title 39, Chapter 9, Part 2, MCA for registration of CONTRACTORS with the Montana Department of Labor and Industry. No bids will be considered that do not carry the Bidder’s Montana Contractor’s Registration Number on the bid form and also on the envelope containing the Bid. Information pertaining to this requirement and registration forms may be obtained from the Montana Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011 or by calling 1-406-444-7734. 1.54 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX). In accordance with Title 15, Chapter 50, MCA, the OWNER shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the CONTRACTOR and shall transmit such moneys to the Montana Department of Revenue. END OF SECTION 293 EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Guidelines Page 1 of 1 BID FORM FOR CONSTRUCTION CONTRACT The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 1—OWNER AND BIDDER 1.01 This Bid is submitted to: City of Bozeman, City Clerks’s Office, Suite 200, City Hall, P.O. Box 1230, Bozeman, MT 59771 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2—ATTACHMENTS TO THIS BID 2.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids; E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids; F. Required Bidder Qualification Statement with supporting data; and ARTICLE 3—BASIS OF BID—UNIT PRICES AND ADD ALTERNATES 3.01 Unit Price (Base Bids and Alternate) A. Bidder will perform the following Work at the indicated unit prices: Item No. Description Unit Estimated Quantity Bid Unit Price Bid Amount 1 Site Preparation LS 1 $ 2 Woody Matrix LS 1 $ 3 Rock Riffle LS 1 $ 4 Fabric Encapsulated Soil Wraps LS 1 $ 5 Revegetation LS 1 $ 6 Willow Cutting LS 1 $ 294 EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 41 13 - Page 2 of 5 7 Excavation LS 1 $ 8 Replace and Reconnect Irrigation Pipe LS 1 $ 9 Miscellaneous Work LS $30,700 1 $30,700 Total of All Unit Price Bid Items $ Alternate: Engineered Log Jam 1 and 2 $ 3.02 Bid Award Bid will be awarded based on base bid price plus the alternate bid item. The alternate bid item, Engineered Log Jam 1 and 2 may or may not be included in the contract depending on final bid at the City’s discretion. ARTICLE 4—TIME OF COMPLETION 4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of days indicated in the Agreement. 4.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA 5.01 Bid Acceptance Period A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 5.02 Instructions to Bidders A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. 5.03 Receipt of Addenda A. Bidder hereby acknowledges receipt of the following Addenda: Addendum Number Addendum Date ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS 6.01 Bidder’s Representations A. In submitting this Bid, Bidder represents the following: 1. Bidder has examined and carefully studied the Bidding Documents, including Addenda. 295 EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 41 13 - Page 3 of 5 2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) Bidder’s (Contractor’s) safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. 6.02 Bidder’s Certifications A. The Bidder certifies the following: 1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 296 EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 41 13 - Page 4 of 5 2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 3. Bidder has not solicited or induced any individual or entity to refrain from bidding. 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A: a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition. c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels. d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 297 EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 41 13 - Page 5 of 5 BIDDER hereby submits this Bid as set forth above: Bidder: (typed or printed name of organization) By: (individual’s signature) Name: (typed or printed) Title: (typed or printed) Date: (typed or printed) If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign. Attest: (individual’s signature) Name: (typed or printed) Title: (typed or printed) Date: (typed or printed) Bidder’s Address for giving notices: Bidder’s Contact Person: Name: (typed or printed) Title: (typed or printed) Phone: Email: Address: Bidder’s Contractor License No.: (if applicable) 298 BID BOND (PENAL SUM FORM) Bidder Surety Name: ____________________________ Name: __________________________ Address (principal place of business): Address (principal place of business): ___________________________________ ___________________________________ Owner Bid Name: City of Bozeman Project : Address (principal place of business): East Gallatin Bank 3 River Restoration 121 N. Rouse Avenue, Bozeman, MT Bid Due Date: February 27, 2026 Bond Penal Sum: [Amount] Date of Bond: [Date] Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. Bidder Surety (Full formal name of Bidder) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature) (Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary. 299 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration Non-Discrimination Affirmation Form 00 45 31 - 1 NON-DISCRIMINATION AFFIRMATION FORM _________________________ [name of entity submitting] hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the _________________________ [name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: ______________________________ Person authorized to sign on behalf of the bidder 300 HDR Project No. 10440142 City of Bozeman East Gallatin River Bank 3 NON-COLLUSION AFFIDAVIT 00 46 00 - 1 SECTION 00 46 00 NON-COLLUSION AFFIDAVIT State of Montana Gallatin County ________________________________________________(Title) of______________________________ (Name of Firm) and that I am authorized to make this affidavit on behalf of this firm and its owners, directors, and officers. I am the person responsible in this firm for the price(s) and the amount of this Bid. I state that: (1) The price(s) and amount of this Bid have been arrived at independently and without consultation, communication or agreement with any other Contractor, Bidder, or potential Bidder, except as disclosed on the attached appendix. (2) (That neither the price(s) nor the amount of this Bid, and neither the approximate price(s) nor approximate amount of this Bid, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before Bid opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a Bid higher than this Bid, or to submit any intentionally high or noncompetitive Bid or other form of complementary Bid. (4) The Bid of this firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Bid. (5) _____________________________ (name of this firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix. I state that ______________________________ (name of this firm) understands and acknowledges that the above representations are material and important, and will be relied on by Missoula County in awarding the contract(s) for which this Bid is submitted. I understand and this firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from Missoula County of the true facts relating to the submission of Bids for this contract. ____________________________________________ Signature ____________________________________________ Name of Company/Position Sworn to and subscribed before me this _____ day of ______________, 2026. ____________________________________________ Notary Public This commission expires: ______________________ 301 EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Guidelines Page 1 of 1 NOTICE OF AWARD Date of Issuance: Owner: Owner’s Project Number: Engineer: Engineer’s Project Number: Project: Contract Name: Bidder: Bidder’s Address: You are notified that Owner has accepted your Bid dated ___________ for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: The Base Bid. The Contract Price of the awarded Contract is $____________________. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost-plus-fee basis, as applicable. Three (3) unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner Five (5) counterparts of the Agreement, signed by Bidder (as Contractor). 2. Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): _______________________________________________ Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: City of Bozeman By (signature): _______________________________________________ Name (printed): _______________________________________________ Title: _______________________________________________ Copy: Engineer 302 HDR Project No. 10440142 City of Bozeman East Gallatin River Bank 3 AGREEMENT FORM 00 52 13 SECTION 00 52 13 AGREEMENT FORM THIS AGREEMENT is dated as of the day of ________ in the year 2026, by and between CITY OF BOZEMAN, hereinafter called OWNER, and______________________ hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: The proposed project will remove deteriorated gabion baskets from the channel. Two hardened rock riffles will be installed to replace the gabion baskets with rounded cobble material. Two engineered log jams will be installed. The existing pipe will be reconnected using a replacement section of pipe and pipe couplers. The vertical bank will be regraded, and a woody matrix will be constructed to stabilize the existing bank. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: East Gallatin River Bank 3 Restoration, City of Bozeman. Article 2. CONTRACT TIME. 1. The Work will be completed within 45 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one thousand dollars ($ 1000.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of _________________________________________________________ ($__________). Article 4. PAYMENT PROCEDURES. 303 HDR Project No. 10440142 City of Bozeman East Gallatin River Bank 3 AGREEMENT FORM 00 52 13 CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 1. Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 2. The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 3. Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 2. CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 3. CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6. CONTRACTOR 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 in the performance of work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR’S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. 304 HDR Project No. 10440142 City of Bozeman East Gallatin River Bank 3 AGREEMENT FORM 00 52 13 Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 2. This Agreement. 3. Exhibits to this Agreement (if any). 4. Performance Bond, Payment Bond, and Bid Bond. 5. Advertisement for Bids. 6. Instructions to Bidders and Bid Form. 7. Certificate(s) of Insurance. 8. General Conditions. 9. Supplementary Conditions. 10. Appendices 11. CONTRACTOR'S executed Bid forms. 12. Documentation submitted by CONTRACTOR prior to Notice of Award. 13. Notice of Award. 14. Notice to Proceed. 15. Any modification, including Change Orders, duly delivered after execution of Agreement. 16. Any Notice of Partial Utilization. 17. Notice of Substantial Completion. 18. Notices of Final Completion and Acceptance. 19. Non-discrimination affirmation form. 20. Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 1. Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 2. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 3. In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 305 HDR Project No. 10440142 City of Bozeman East Gallatin River Bank 3 AGREEMENT FORM 00 52 13 4. Any amendment or modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) (SEAL & ATTEST) By _____________ Title____________ (JOINT VENTURE) (SEAL & ATTEST) By _____________ Title____________ (CITY OF BOZEMAN (OWNER)) (SEAL & ATTEST) By _____________ Title____________ APPROVED AS TO FORM: (CITY ATTORNEY) END OF SECTION 306 EJCDC® C-610, Performance Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Guidelines Page 1 of 1 PERFORMANCE BOND Contractor Surety Name: _____________________________ Name: ______________________________ Address (principal place of business): Address (principal place of business): _____________________________________ _____________________________________ Owner Contract Name: City of Bozeman Description (name and location): Mailing address (principal place of business): East Gallatin River Bank 3 Restoration 121 No. Rouse Avenue, Bozeman, MT Contract Price: _________________ Effective Date of Contract: ______________ Bond Bond Amount: ___________________ Date of Bond: ___________________ (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ☐ None ☐ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature)(Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. 307 EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Guidelines Page 1 of 1 PAYMENT BOND Contractor Surety Name: ____________________ Name: ____________________ Address (principal place of business): Address (principal place of business): ____________________ ____________________ Owner Contract Name: City of Bozeman Description (name and location): Mailing address (principal place of business): East Gallatin River Bank 3 Restoration 121 No. Rouse Avenue, Bozeman, MT Contract Price: ____________________ Effective Date of Contract: ____________ Bond Bond Amount: ____________________ Date of Bond: ____________________ (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ☐ None ☐ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Signature)(Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. 308 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration REQUESTS FOR INFORMATION 00 63 13 - 1 SECTION 00 63 13 REQUESTS FOR INFORMATION PART 1 - GENERAL 1.1 SUMMARY A. Section specifies administrative and procedural requirements for handling and processing Requests for Information (RFI). B. RFI is intended for requesting clarifications and interpretations of Contract Documents due to inconsistencies, errors or omissions in Contract Documents, and unanticipated existing conditions. C. RFI is not intended for general communication, requesting substitutions, Contractor’s proposed changes, resolution of nonconforming work, and coordination between contractors or for general questions not related to Contract Documents. D. RFI process is a cooperative enterprise between Engineer and Contractor to expedite RFI response and maintain progress of Work. E. Engineer shall evaluate alternate proposed methods of processing RFI’s to that indicated within this Section for potential impact on Engineer’s services. 1. If Engineer agrees to utilize another proposed method, Engineer will be reimbursed for any special training, usage fees, extra time required to implement, maintain, utilize and administer such a system. PART 2 - PRODUCTS - (NOT USED) PART 3 - EXECUTION 3.1 REQUESTS FOR INFORMATION A. Review of Contract Documents and Field Conditions: 1. Contract Documents are complementary. Before starting each portion of Work, Contractor shall carefully study and compare various Drawings, Specifications and other Contract Documents, coordination drawings, shop drawings, prior correspondence or documentation relative to that portion of Work, as well as information furnished by Owner. 2. Contractor and Subcontractors shall evaluate and take field measurements of conditions related to that portion of Work and shall observe any conditions at site affecting it. 3. These obligations are for purpose of facilitating coordination and construction by Contractor and are not for purpose of discovering errors, omissions, or inconsistencies in Contract Documents. 4. Contractor and subcontractors acknowledge that all documents pertaining to Work has been examined, have examined character of site and any existing conditions, and are satisfied with nature of Work, and other matters which can affect Work. 5. In event of inconsistency between portions of Contract Documents or within Contract Documents; provide better quality or greater quantity of Work, and comply with more stringent requirement, either or both in accordance with Engineer’s interpretation. 6. Report errors, inconsistencies or omissions discovered in Contract Documents promptly to Engineer as a properly prepared and timely RFI. 7. Contractor and Subcontractors are not required to ascertain Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, and rules and regulations, unless they bear upon construction means, methods, techniques or safety and health precautions, but the Contractor shall promptly report to Engineer any nonconformity discovered by or made known to Contractor as a RFI. 309 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration REQUESTS FOR INFORMATION 00 63 13 - 2 8. On condition that Contractor or Subcontractor fail to give such notice, and knowingly proceeds with Work affected by errors or omissions in Contract Documents, Contractor shall correct any such errors, inconsistencies, or omissions at no additional cost. 9. Prior to bid, Contractor shall review existing facilities related to this contract and shall be familiar with utility requirements and construction. a. Existing facility documents may be available through Owner for review. b. Perform preliminary investigations as required to ascertain extent of Work. c. Conditions which would be apparent by such investigation will not be allowed as cause for claims for extra costs. B. Contractor’s and Subcontractor’s Responsibilities: 1. Process request through Contractor when interpretation, clarification or explanation of portion of Construction Documents is needed by Contractor, Subcontractor, Vendor or Supplier. a. Review request for completeness, quality, proper referencing to drawing or specification section and reason submitted. b. In event request is not acceptable return to submitter with comments regarding reason for being returned. c. Make every attempt to validate, resolve or respond to RFI by thoroughly researching and reviewing Contract Documents and field conditions. d. Respond to RFI accordingly if review of RFI discloses a response or is related to coordination of construction or other issue not related to Contract Documents. e. If request is unclear, rewrite and state in clear, concise, correct, complete and easily understood manner. 1) Include additional information if necessary, and submit to Engineer for response. 2. Submit request for interpretation, clarification or explanation of Contract Documents to Engineer through Contractor. a. List specific Contract Documents researched when seeking information being requested. b. Reference applicable Contract Drawings by sheet number, section, detail, and reference other relevant documents. c. Clearly state request and provide Contract Document references and any additional information needed so request can be fully understood, including sketches, photos or other reference material. d. Fully assess issues, suggest any reasonable solutions and include various factors, including potential costs, schedule impacts, if any, and recommendations which will aid in determining a solution or response. 1) In event a reasonable solution cannot be suggested, a statement to that effect should be so stated. e. Indicate reason request is being submitted. f. Clearly indicate critical RFI’s requiring a rapid response with an explanation as to why RFI is critical. g. Indicate priority for responses when multiple RFI’s are submitted within short period of time. 3. Distribute copies of responses to RFI’s to all parties affected. 4. Response to RFI shall not be considered a notice to proceed with a change that may revise the Contract Sum or Contract Time, unless authorized by Owner in writing. 5. In event response to RFI is determined incomplete, resubmit with explanation for unacceptability of response and necessary additional information within five (5) days of receipt to RFI response. 6. On condition Contractor determines or believes additional cost or time is involved due to clarifications, interpretations or instructions issued by Engineer in response to a RFI, resubmit RFI within five (5) days of receipt of response with reason and alternate solution or suggestion for performing work at no additional cost. a. In event no other solution is possible or desirable, submit Claim in accordance with Contract Documents within seven (7) days of receipt of response to RFI. 310 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration REQUESTS FOR INFORMATION 00 63 13 - 3 C. RFI Submittal Format: 1. Submit request for information to Engineer on RFI form provided at end of this section, form provided by Engineer in electronic text file format, or in similar format acceptable to Engineer. a. Electronically complete and email RFI form to Engineer’s designated representative in text file format. b. Attachments shall be in electronic text or PDF file format. 2. Assign RFIs with unique numbers in sequential order (1, 2, 3, 4, etc.). 3. A resubmitted RFI or a previously answered RFI requiring revising or further clarification shall be submitted using original RFI number proceeded by “.1 IN to indicate revision one of RFI (i.e.: RFI No. 34.1 for revision 1 to RFI No. 34). D. Engineer’s Response to Request for Information (RFI): 1. Clarifications, interpretations and decisions of Engineer in response to RFI will be consistent with intent of and reasonably inferable from Contract Documents, in writing, and may be provided in form of drawings and other attachments, or both. 2. When making such interpretations and decisions, Engineer will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. 3. Engineer’s decisions on matters related to aesthetic effects will be final if consistent with intent expressed in Contract Documents. 4. Engineer will not undertake to settle differences between Contractor, Subcontractors, trades suppliers, fabricator or manufacturer, or act as arbiter as to which Subcontractor, trade, supplier or manufacturer is to furnish or install various items indicated or required. 5. Engineer shall provide responses to RFI’s with reasonable promptness, but will endeavor to respond within seven (7) days from date of receipt. a. If multiple RFI’s are submitted on same day or within a five (5) day period, review time may be extended by mutual agreement of parties. b. Engineer will provide a written response to RFI if Engineer believes response only involves an interpretation, clarification, supplemental information or orders a minor change in Work not involving an adjustment in Contract Sum or extension of Contract Time, and is not inconsistent with intent of Contract Documents, and shall be binding. c. If Engineer believes response may result in a change to Contract Sum or Contract Time, response will indicate that a change document will be issued for the response, and appropriate change document will be issued indicating changes to Contract Documents. d. Engineer will provide any additional or supplemental drawings, specifications or other information as Engineer may deem necessary to facilitate response. 6. Engineer may return RFI without response for following reasons: a. Is considered a “Contractor Proposed Change”. b. Response is consistent with the intent of the Contract Drawings. c. Request is unclear or incomplete. d. Is due to Contractor’s lack of adequate coordination. e. Is related to construction means, methods or techniques. f. Response is required by another party. g. Is considered a “Substitution Request.” E. If requested information is available from careful study and comparison of Contract Documents, field conditions, other Owner-provided information, coordination drawings, or prior Project correspondence or documentation, Engineer may invoice Owner as a change in services for costs involved in Engineer’s review, analysis, responding and processing of such RFI. 1. Contractor shall reimburse Owner for such costs. END OF SECTION 311 EJCDC® C-615, Payment Bond. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Guidelines Page 1 of 1 NOTICE TO PROCEED Owner: City of Bozeman Owner’s Project No: ______________________ Engineer: HDR Engineer’s Project No: 10440142 Contractor:_______________________ Contractor’s Project No: ___________________ Project: East Gallatin Bank 3 Restoration Contract: East Gallatin Bank 3 Restoration Effective Date of Contract: ______________________ Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on __________________ pursuant to Paragraph 4.01 of the General Conditions. On that date, Contractor shall start performing its obligations under the Contract Documents. No Work will be done at the Site prior to such date. In accordance with the Agreement: The number of days to achieve Substantial Completion is 45 days from the date stated above for the commencement of the Contract Times, resulting in a date for Substantial Completion of _______________________; and the number of days to achieve readiness for final payment is 45 days from the commencement date of the Contract Times, resulting in a date for readiness for final payment of __________________________. Before starting any Work at the Site, Contractor must comply with the following: ______________________________________________ Owner: City of Bozeman By (signature): ______________________ Name (printed): ______________________ Title: ______________________ Date Issued: ______________________ Copy: Engineer ______________________ 312 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 5 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology ........................................................................................................ 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 6 Article 2—Preliminary Matters ..................................................................................................................... 7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance ......................................... 7 2.02 Copies of Documents .................................................................................................................... 7 2.03 Before Starting Construction ........................................................................................................ 7 2.04 Preconstruction Conference; Designation of Authorized Representatives .................................. 8 2.05 Acceptance of Schedules .............................................................................................................. 8 2.06 Electronic Transmittals ................................................................................................................. 8 Article 3—Contract Documents: Intent, Requirements, Reuse .................................................................... 9 3.01 Intent ............................................................................................................................................. 9 3.02 Reference Standards ..................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies ...................................................................................... 10 3.04 Requirements of the Contract Documents ................................................................................. 10 3.05 Reuse of Documents ................................................................................................................... 11 Article 4—Commencement and Progress of the Work .............................................................................. 11 4.01 Commencement of Contract Times; Notice to Proceed ............................................................. 11 4.02 Starting the Work ........................................................................................................................ 11 4.03 Reference Points ......................................................................................................................... 11 4.04 Progress Schedule ....................................................................................................................... 12 4.05 Delays in Contractor’s Progress .................................................................................................. 12 Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions .................... 13 5.01 Availability of Lands .................................................................................................................... 13 5.02 Use of Site and Other Areas ........................................................................................................ 14 5.03 Subsurface and Physical Conditions ............................................................................................ 15 5.04 Differing Subsurface or Physical Conditions ............................................................................... 16 5.05 Underground Facilities ................................................................................................................ 17 313 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 2 of 5 5.06 Hazardous Environmental Conditions at Site ............................................................................. 19 Article 6—Bonds and Insurance .................................................................................................................. 21 6.01 Performance, Payment, and Other Bonds .................................................................................. 21 6.02 Insurance—General Provisions ................................................................................................... 22 6.03 Contractor’s Insurance ................................................................................................................ 24 6.04 Builder’s Risk and Other Property Insurance .............................................................................. 25 6.05 Property Losses; Subrogation ..................................................................................................... 25 6.06 Receipt and Application of Property Insurance Proceeds .......................................................... 27 Article 7—Contractor’s Responsibilities ..................................................................................................... 27 7.01 Contractor’s Means and Methods of Construction .................................................................... 27 7.02 Supervision and Superintendence .............................................................................................. 27 7.03 Labor; Working Hours ................................................................................................................. 27 7.04 Services, Materials, and Equipment ........................................................................................... 28 7.05 “Or Equals” .................................................................................................................................. 28 7.06 Substitutes .................................................................................................................................. 29 7.07 Concerning Subcontractors and Suppliers .................................................................................. 31 7.08 Patent Fees and Royalties ........................................................................................................... 32 7.09 Permits ........................................................................................................................................ 33 7.10 Taxes ........................................................................................................................................... 33 7.11 Laws and Regulations .................................................................................................................. 33 7.12 Record Documents ...................................................................................................................... 33 7.13 Safety and Protection.................................................................................................................. 34 7.14 Hazard Communication Programs .............................................................................................. 35 7.15 Emergencies ................................................................................................................................ 35 7.16 Submittals ................................................................................................................................... 35 7.17 Contractor’s General Warranty and Guarantee ......................................................................... 38 7.18 Indemnification ........................................................................................................................... 39 7.19 Delegation of Professional Design Services ................................................................................ 39 Article 8—Other Work at the Site ............................................................................................................... 40 8.01 Other Work ................................................................................................................................. 40 8.02 Coordination ............................................................................................................................... 41 8.03 Legal Relationships ...................................................................................................................... 41 Article 9—Owner’s Responsibilities ............................................................................................................ 42 314 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 3 of 5 9.01 Communications to Contractor .................................................................................................. 42 9.02 Replacement of Engineer ............................................................................................................ 42 9.03 Furnish Data ................................................................................................................................ 42 9.04 Pay When Due ............................................................................................................................. 42 9.05 Lands and Easements; Reports, Tests, and Drawings ................................................................. 43 9.06 Insurance ..................................................................................................................................... 43 9.07 Change Orders ............................................................................................................................ 43 9.08 Inspections, Tests, and Approvals ............................................................................................... 43 9.09 Limitations on Owner’s Responsibilities ..................................................................................... 43 9.10 Undisclosed Hazardous Environmental Condition ...................................................................... 43 9.11 Evidence of Financial Arrangements ........................................................................................... 43 9.12 Safety Programs .......................................................................................................................... 43 Article 10—Engineer’s Status During Construction .................................................................................... 44 10.01 Owner’s Representative .......................................................................................................... 44 10.02 Visits to Site ............................................................................................................................. 44 10.03 Resident Project Representative ............................................................................................. 44 10.04 Engineer’s Authority ............................................................................................................... 44 10.05 Determinations for Unit Price Work ....................................................................................... 45 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ................... 45 10.07 Limitations on Engineer’s Authority and Responsibilities ...................................................... 45 10.08 Compliance with Safety Program ............................................................................................ 45 Article 11—Changes to the Contract .......................................................................................................... 46 11.01 Amending and Supplementing the Contract .......................................................................... 46 11.02 Change Orders ........................................................................................................................ 46 11.03 Work Change Directives .......................................................................................................... 46 11.04 Field Orders ............................................................................................................................. 47 11.05 Owner-Authorized Changes in the Work ................................................................................ 47 11.06 Unauthorized Changes in the Work ........................................................................................ 47 11.07 Change of Contract Price ........................................................................................................ 47 11.08 Change of Contract Times ....................................................................................................... 49 11.09 Change Proposals .................................................................................................................... 49 11.10 Notification to Surety .............................................................................................................. 50 Article 12—Claims ....................................................................................................................................... 50 315 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 4 of 5 12.01 Claims ...................................................................................................................................... 50 Article 13—Cost of the Work; Allowances; Unit Price Work ...................................................................... 51 13.01 Cost of the Work ..................................................................................................................... 51 13.02 Allowances .............................................................................................................................. 55 13.03 Unit Price Work ....................................................................................................................... 55 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 56 14.01 Access to Work ........................................................................................................................ 56 14.02 Tests, Inspections, and Approvals ........................................................................................... 56 14.03 Defective Work ....................................................................................................................... 57 14.04 Acceptance of Defective Work................................................................................................ 58 14.05 Uncovering Work .................................................................................................................... 58 14.06 Owner May Stop the Work ..................................................................................................... 58 14.07 Owner May Correct Defective Work ....................................................................................... 59 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 59 15.01 Progress Payments .................................................................................................................. 59 15.02 Contractor’s Warranty of Title ................................................................................................ 62 15.03 Substantial Completion ........................................................................................................... 62 15.04 Partial Use or Occupancy ........................................................................................................ 63 15.05 Final Inspection ....................................................................................................................... 64 15.06 Final Payment .......................................................................................................................... 64 15.07 Waiver of Claims ..................................................................................................................... 65 15.08 Correction Period .................................................................................................................... 66 Article 16—Suspension of Work and Termination ..................................................................................... 67 16.01 Owner May Suspend Work ..................................................................................................... 67 16.02 Owner May Terminate for Cause ............................................................................................ 67 16.03 Owner May Terminate for Convenience................................................................................. 68 16.04 Contractor May Stop Work or Terminate ............................................................................... 68 Article 17—Final Resolution of Disputes .................................................................................................... 69 17.01 Methods and Procedures ........................................................................................................ 69 Article 18—Miscellaneous .......................................................................................................................... 69 18.01 Giving Notice ........................................................................................................................... 69 18.02 Computation of Times ............................................................................................................ 69 18.03 Cumulative Remedies ............................................................................................................. 70 316 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 5 of 5 18.04 Limitation of Damages ............................................................................................................ 70 18.05 No Waiver ............................................................................................................................... 70 18.06 Survival of Obligations ............................................................................................................ 70 18.07 Controlling Law ....................................................................................................................... 70 18.08 Assignment of Contract .......................................................................................................... 70 18.09 Successors and Assigns ........................................................................................................... 70 18.10 Headings .................................................................................................................................. 70 317 318 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 1 of 70 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the 319 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 2 of 70 requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract. b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address. c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment. d. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract—The entire and integrated written contract between Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 21. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the 320 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 3 of 70 recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 22. Engineer—The individual or entity named as such in the Agreement. 23. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 27. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. 28. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. 29. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 30. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times. 32. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 321 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 4 of 70 33. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative. 34. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals. 36. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 38. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor. 39. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 40. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 41. Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 42. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion of such Work. 322 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 5 of 70 43. Successful Bidder—The Bidder to which the Owner makes an award of contract. 44. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 45. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 46. Technical Data a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site. b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor. c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings. 47. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 48. Unit Price Work—Work to be paid for on the basis of unit prices. 49. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 50. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 323 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 6 of 70 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04). E. Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. 324 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 7 of 70 F. Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed. G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds). B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies. C. Evidence of Owner’s Insurance: After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work 325 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 8 of 70 into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. 326 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 9 of 70 ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or 2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility 327 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 10 of 70 inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation— RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work. 328 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 11 of 70 B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly notify Owner and Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the 30th day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the 60th day after the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the 329 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 12 of 70 established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor’s Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 3. Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and 4. Acts of war or terrorism. 330 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 13 of 70 D. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as follows: 1. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days’ increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E. G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. 331 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 14 of 70 B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment 332 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 15 of 70 and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; 2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data; and 3. Technical Data contained in such reports and drawings. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. D. Limitations of Other Data and Documents: Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; 3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or Owner’s archival documents concerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. 333 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 16 of 70 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. is of such a nature as to require a change in the Drawings or Specifications; 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. D. Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. E. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in 334 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 17 of 70 Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. Such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, c. Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or c. Contractor failed to give the written notice required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question. F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Contractor’s Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: 1. reviewing and checking all information and data regarding existing Underground Facilities at the Site; 2. complying with applicable state and local utility damage prevention Laws and Regulations; 335 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 18 of 70 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility. C. Engineer’s Review: Engineer will: 1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; 2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; 3. obtain any pertinent cost or schedule information from Contractor; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and 4. advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part. E. Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of Engineer’s review or Owner’s issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. F. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown 336 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 19 of 70 or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; b. Contractor’s entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and c. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question. 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, Contractor’s remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures 337 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 20 of 70 of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. H. If, after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special 338 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 21 of 70 conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I obligates Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of Contractor’s obligations under the Contract. These bonds must remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or 339 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 22 of 70 Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16. G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity. H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized in the state or jurisdiction in which the Project is located to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Alternative forms of insurance coverage, including but not limited to self-insurance and “Occupational Accident and Excess Employer’s Indemnity Policies,” are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. Contractor shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by 340 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 23 of 70 Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E. Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract. F. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, will not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance. G. In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner’s option, may purchase and maintain Owner’s own liability insurance. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties. H. Contractor shall require: 1. Subcontractors to purchase and maintain worker’s compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer (and any other individuals or entities identified in the Supplementary Conditions as additional insureds on Contractor’s liability policies) on each Subcontractor’s commercial general liability insurance policy; and 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. I. If either party does not purchase or maintain the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. J. If Contractor has failed to obtain and maintain required insurance, Contractor’s entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise Owner’s termination rights under Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price will be adjusted accordingly. 341 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 24 of 70 L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. M. The insurance and insurance limits required herein will not be deemed as a limitation on Contractor’s liability, or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. 6.03 Contractor’s Insurance A. Required Insurance: Contractor shall purchase and maintain Worker’s Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B. General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract; 4. apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable; and 5. include all necessary endorsements to support the stated requirements. C. Additional Insureds: The Contractor’s commercial general liability, automobile liability, employer’s liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); 342 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 25 of 70 4. not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by Contractor’s acts or omissions, or the acts and omissions of those working on Contractor’s behalf, in the performance of Contractor’s operations. 6.04 Builder’s Risk and Other Property Insurance A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions. B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, providing coverage consistent with that required for the builder’s risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.06.D. C. Property Insurance for Substantially Complete Facilities: Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work, and maintain such property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builder’s risk insurance. The builder’s risk insurance may terminate upon written confirmation of Owner’s procurement of such property insurance. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide advance notice of such occupancy or use to the builder’s risk insurer, and obtain an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use. E. Insurance of Other Property; Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, then the entity or individual owning such property item will be responsible for insuring it. If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.04, it may do so at Contractor’s expense. 6.05 Property Losses; Subrogation A. The builder’s risk insurance policy purchased and maintained in accordance with Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against 343 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 26 of 70 Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. 1. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in the Supplementary Conditions as builder’s risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner’s existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer’s rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss. 1. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies. C. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other insured peril, risk, or cause of loss. D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s risk insurance, installation floater, and any other property insurance applicable to the Work. 344 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 27 of 70 6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES 7.01 Contractor’s Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Such services are not Owner-delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall maintain good discipline and order at the Site. 345 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 28 of 70 B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions. C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.05 “Or Equals” A. Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an “or equal” item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that the proposed item: 1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 346 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 29 of 70 2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) has a proven record of performance and availability of responsive service; and 4) is not objectionable to Owner. b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or- equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal,” which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request will result in any change in Contract Price. The Engineer’s denial of an “or-equal” request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06. 7.06 Substitutes A. Contractor’s Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 347 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 30 of 70 3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application: a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be similar in substance to the item specified; and 3) be suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times; 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. 348 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 31 of 70 E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal. 7.07 Concerning Subcontractors and Suppliers A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. Contractor shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor or Supplier to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days. E. Owner may require the replacement of any Subcontractor or Supplier. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier. F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. 349 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 32 of 70 H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. J. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier. M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 350 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 33 of 70 7.09 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.11 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It is not Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give written notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.12 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 351 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 34 of 70 7.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. Any Owner’s safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications. H. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. 352 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 35 of 70 I. Contractor’s duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.C that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion). J. Contractor’s duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor’s response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Work Change Directive or Change Order will be issued. 7.16 Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, Contractor shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: 1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 3) all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that Submittal, and that Contractor approves the Submittal. 353 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 36 of 70 3. With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.C. 2. Samples a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the Submittal for the limited purposes required by Paragraph 7.16.C. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Engineer’s Review of Shop Drawings and Samples 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. Engineer’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto. 3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will 354 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 37 of 70 document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 7.16.A and B. 6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer’s receipt, review, acceptance, or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4. D. Resubmittal Procedures for Shop Drawings and Samples 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous Submittals. 2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. E. Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs: a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. Engineer’s review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. 355 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 38 of 70 d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05. F. Owner-delegated Designs: Submittals pursuant to Owner-delegated designs are governed by the provisions of Paragraph 7.19. 7.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer is entitled to rely on Contractor’s warranty and guarantee. B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, Owner’s rights under the correction period provisions of Paragraph 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.08: 1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective; and 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the notice. C. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. D. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Owner’s warranty and guarantee rights under this Paragraph 7.17: 1. Observations by Engineer; 2. Recommendation by Engineer or payment by Owner of any progress or final payment; 3. The issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. Use or occupancy of the Work or any part thereof by Owner; 5. Any review and approval of a Shop Drawing or Sample submittal; 6. The issuance of a notice of acceptability by Engineer; 7. The end of the correction period established in Paragraph 15.08; 8. Any inspection, test, or approval by others; or 356 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 39 of 70 9. Any correction of defective Work by Owner. E. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract will govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from losses, damages, costs, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. 7.19 Delegation of Professional Design Services A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner-delegated design. B. Contractor shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to Engineer. 357 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 40 of 70 D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner-delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner-delegated design will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.19; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third-party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. 358 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 41 of 70 E. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. F. The provisions of this article are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment will take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 359 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 42 of 70 B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this Paragraph 8.03.B. 2. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due Contractor. C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9—OWNER’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents will be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 360 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 43 of 70 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. 361 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 44 of 70 ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.07. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Resident Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in the Supplementary Conditions and in Paragraph 10.07. B. If Owner designates an individual or entity who is not Engineer’s consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions. 10.04 Engineer’s Authority A. Engineer has the authority to reject Work in accordance with Article 14. B. Engineer’s authority as to Submittals is set forth in Paragraph 7.16. C. Engineer’s authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner’s delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19. D. Engineer’s authority as to changes in the Work is set forth in Article 11. 362 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 45 of 70 E. Engineer’s authority as to Applications for Payment is set forth in Article 15. 10.05 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.07 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation, and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Contractor under Paragraph 15.06.A, will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.07 also apply to the Resident Project Representative, if any. 10.08 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs of which Engineer has been informed. 363 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 46 of 70 ARTICLE 11—CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. C. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, must be supported by Engineer’s recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer. 11.02 Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and 4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. 11.03 Work Change Directives A. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.07 regarding change of Contract Price. 364 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 47 of 70 B. If Owner has issued a Work Change Directive and: 1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. 2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A. Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.05 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer’s recommendation. B. Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work must be performed under the applicable conditions of the Contract Documents. C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.06 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2. 11.07 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 365 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 48 of 70 1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.07.C). C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit will be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee will be 15 percent; b. For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 percent; c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor’s fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. 366 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 49 of 70 11.08 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B. Change Proposal Procedures 1. Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. 2. Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. 3. Engineer’s Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4. Engineer’s Full Review and Action on the Change Proposal: Upon receipt of Contractor’s supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change 367 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 50 of 70 Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 5. Binding Decision: Engineer’s decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. D. Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.B. 11.10 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12—CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor are subject to the Claims process set forth in this article: 1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters; and 4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.B. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge 368 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 51 of 70 and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim will be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process will resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 369 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 52 of 70 2. When needed to determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, which will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work. 5. Other costs consisting of the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, which are 370 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 53 of 70 consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. 1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c. Construction Equipment Rental 1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor or a Contractor-related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. 3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price (“changed Work”), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of builder’s risk or other property insurance established in accordance with Paragraph 6.04), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor’s fee. 371 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 54 of 70 g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work does not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2. The cost of purchasing, renting, or furnishing small tools and hand tools. 3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 4. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 6. Expenses incurred in preparing and advancing Claims. 7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. Contractor’s Fee 1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then: a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as follows: 1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change 372 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 55 of 70 Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid. C. Owner’s Contingency Allowance: Contractor agrees that an Owner’s contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision 373 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 56 of 70 thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph. E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and b. Contractor’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply with such procedures and programs as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. 374 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 57 of 70 D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering will be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, 375 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 58 of 70 losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, 376 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 59 of 70 or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace defective Work as required by Engineer, then Owner may, after 7 days’ written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07. ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 2. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation 377 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 60 of 70 establishing full payment by Contractor for the materials and equipment; (b) at Owner’s request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 3. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor have been applied to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 378 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 61 of 70 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work; b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work; d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. Claims have been made against Owner based on Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; 379 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 62 of 70 b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or l. Other items entitle Owner to a set-off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.01.D.1 and subject to interest as provided in the Agreement. 15.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time 380 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 63 of 70 submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which will fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without 381 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 64 of 70 significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. At any time, Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for that part of the Work. 2. At any time, Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 regarding builder’s risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.12), and other documents, Contractor may make application for final payment. 2. The final Application for Payment must be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. 382 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 65 of 70 d. a list of all duly pending Change Proposals and Claims; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer’s Review of Final Application and Recommendation of Payment: If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within 10 days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07. D. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment and issuance of notice of the acceptability of the Work. E. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner’s receipt of the final Application for Payment from Engineer. 15.07 Waiver of Claims A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, 383 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 66 of 70 appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted as a Claim, or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective, or that Contractor’s repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. correct the defective repairs to the Site or such adjacent areas; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.B. C. If, after receipt of a notice of defect within 60 days and within the correction period, Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). Contractor’s failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure to pay. D. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. E. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 384 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 67 of 70 F. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. Any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor’s repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) 10 days’ written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, 385 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 68 of 70 attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate for Convenience A. Upon 7 days’ written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid for any loss of anticipated profits or revenue, post-termination overhead costs, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 7 days’ written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, 7 days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The 386 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 69 of 70 provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. ARTICLE 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents, that arise after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18—MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered: 1. in person, by a commercial courier service or otherwise, to the recipient’s place of business; 2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or 3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject line. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 387 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 72 13 - Page 70 of 70 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 18.09 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 18.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 388 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 1 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology ....................................................................................................... 1 Article 2— Preliminary Matters .................................................................................................................... 1 Article 3— Contract Documents: Intent, Requirements, Reuse ................................................................... 2 Article 4— Commencement and Progress of the Work ............................................................................... 2 Article 5— Site, Subsurface and Physical Conditions, Hazardous Environmental Conditions ...................... 3 Article 6— Bonds and Insurance ................................................................................................................... 3 Article 7— Contractor’s Responsibilities ...................................................................................................... 7 Article 8— Other Work at the Site ................................................................................................................ 8 No Supplementary Conditions in this Article. ........................................................................................... 8 Article 9— Owner’s Responsibilities ............................................................................................................. 8 No Supplementary Conditions in this Article. ........................................................................................... 8 Article 10— Engineer’s Status During Construction ..................................................................................... 8 Article 11— Changes to the Contract ......................................................................................................... 10 Article 12— Claims ...................................................................................................................................... 10 Article 13— Cost of Work; Allowances, Unit Price Work ............................................................................ 10 Article 14— Tests and Inspections; Correction, Removal, or Acceptance of Defective Work ................... 11 Article 15— Payments to Contractor, Set Offs; Completions; Correction Period ...................................... 11 Article 16— Suspension of Work and Termination .................................................................................... 12 Article 17— Final Resolutions of Disputes .................................................................................................. 12 Article 18— Miscellaneous ......................................................................................................................... 13 389 Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 13 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT These Supplementary Conditions amend or supplement EJCDC® C-700, Standard General Conditions of the Construction Contract (2018). The General Conditions remain in full force and effect except as amended. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms, if any, used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The paragraph address system used in these Supplementary Conditions is the same as the paragraph address system used in the General Conditions, with the prefix "SC" added—for example, “Paragraph SC-4.05.” ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01.A.16 Add the following to Paragraph 1.01.A.16: When the Project is to be constructed under multiple direct Contracts awarded by the Owner, the term “Contractor” shall mean the appropriate prime contractor. Whenever a specific prime Contractor is referred to, terms such as “General Contractor”, “Electrical Contractor”, “Plumbing Contractor”, “HVAC Contractor”, or other appropriate Contract- indicating term will be used. SC-1.01.A.40 Add the following to Paragraph 1.01.A.40: Trucking, shipping, delivery firms, consultants, and entities performing testing or inspection retained by Contractor or any Subcontractor are considered to be Subcontractors. SC-1.01.A.44 Add the following to Paragraph 1.01.A.44: Entities that rent construction equipment or machinery, but are not incorporated into the Work, are considered to be Suppliers. If such rental entity furnishes both equipment and one or more personnel to operate and maintain the equipment, such entity is a Subcontractor. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance SC-2.01 Delete Paragraphs 2.01.B. and C. in their entirety and insert the following in their place: B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies (including all endorsements, and identification of applicable self-insured retentions and deductibles) of insurance required to be provided by Contractor in this Contract. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. 390 Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 13 ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent SC-3.01 Delete Paragraph 3.01.C in its entirety. SC-3.01 Add the following new paragraphs immediately after Paragraph 3.01.E: F. The Specifications and other verbal components of the Contract Documents may vary in form, format, and style. Some Specification sections are written in varying degrees of streamlined or declarative style and some Specifications sections may, in comparison, employ a more-narrative style. Omissions of such words and phrases as "Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined language in the Contract Documents. Omitted words and phrases are incorporated by inference. Similar types of provisions may appear in various parts of a Specifications section or elsewhere in the Contract Documents. Contractor shall not attempt to take advantage of any variation of form, format or style in Change Proposal(s) and Claim(s). G. Cross referencing of Specification sections in a Specifications section’s heading "Related Sections includes, but are not necessarily limited to: “and elsewhere within each Specifications section is provided as an aid and convenience to Contractor. Contractor shall not rely on cross referencing indicated and is responsible for coordinating the entire Work and providing a complete Project whether or not cross referencing is provided in each Specifications section or whether or not cross referencing is complete. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.05 Delays in Contractor’s Progress SC-4.05.C Amend Paragraph 4.05.C by adding the following subparagraphs: 5. Weather-Related Delays a. If “abnormal weather conditions” as set forth in Paragraph 4.05.C.2 of the General Conditions are the basis for a request for an equitable adjustment in the Contract Times, such request must be documented by data substantiating each of the following: (1) that weather conditions were abnormal for the period of time in which the delay occurred, (2) that such weather conditions could not have been reasonably anticipated, and (3) that such weather conditions had an adverse effect on the Work on the critical path at the time of the delay. b. The existence of abnormal weather conditions will be determined on a month-by- month basis in accordance with the following: 1) Every workday on which one or more of the following conditions exist will be considered a “bad weather day”: i) Total precipitation (as rain equivalent) occurring between 7:00 p.m. on the preceding day (regardless of whether such preceding day is a workday) through 7:00 p.m. on the workday in question equals or exceeds the monthly average of precipitation (as rain equivalent, based 391 Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 13 on the snow/rain conversion indicated in Table SC-4.05.C-1—Foreseeable Bad Weather Days . ii) Ambient outdoor air temperature at 11:00 a.m. is equal to or less than the following low temperature threshold: The 32 degrees Fahrenheit. ARTICLE 5—SITE, SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.04.A Add the following new paragraph immediately after Paragraph 5.04.A.4: 5. Contractor encounters human remains, recognizes the existence of burial markers, archaeological sites, historical sites, artifacts of potential archaeological or historical interest, or wetlands not shown or indicated in the Contract Documents, Contractor shall immediately cease operations that may disturb such area(s) and secure the adjacent Work; and Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations (Contractor shall continue to suspend such operations until otherwise instructed by Owner but shall continue with all other operations that do not affect those remains or features); ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds SC-6.01 Add the following paragraphs immediately after Paragraph 6.01.A: 1. Required Performance Bond Form: The performance bond that Contractor furnishes will be in the form of EJCDC® C-610, Performance Bond 2018 edition. 2. Required Payment Bond Form: The payment bond that Contractor furnishes will be in the form of EJCDC® C-615, Payment Bond 2018 edition. 6.03 Contractor’s Insurance SC-6.03 Supplement Paragraph 6.03 with the following provisions after Paragraph 6.03.C: D. Other Additional Insureds: As a supplement to the provisions of Paragraph 6.03.C of the General Conditions, the commercial general liability, automobile liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies must include as additional insureds (in addition to Owner and Engineer) the following: City of Bozeman, HDR. E. Workers’ Compensation and Employer’s Liability: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance, including, as applicable, United States Longshoreman and Harbor Workers’ Compensation Act, Jones Act, stop-gap employer’s liability coverage for monopolistic states, and foreign voluntary workers’ compensation (from available sources, notwithstanding the jurisdictional requirement of Paragraph 6.02.B of the General Conditions). Workers’ Compensation and Related Policies Policy limits of not less than: Workers’ Compensation 392 Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 13 Workers’ Compensation and Related Policies Policy limits of not less than: State Statutory Applicable Federal (e.g., Longshoreman’s) Statutory Foreign voluntary workers’ compensation (employer’s responsibility coverage), if applicable Statutory Employer’s Liability $500,000.00 F. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against claims for: ownership, maintenance, or use of any motor vehicle. The automobile liability policy must be written on an occurrence basis. Automobile Liability Policy limits of not less than: Bodily Injury Each Person $500,000.00 Each Accident $1,000,000.00 Property Damage Each Accident $1,000,000.00 or Combined Single Limit Combined Single Limit (Bodily Injury and Property Damage) $1,000.000.00 K. Umbrella or Excess Liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the Paragraphs above. The coverage afforded must be at least as broad as that of each and every one of the underlying policies. Excess or Umbrella Liability Policy limits of not less than: Each Occurrence $1,000,000.00 General Aggregate $3,000,000.00 L. Using Umbrella or Excess Liability Insurance to Meet CGL and Other Policy Limit Requirements: Contractor may meet the policy limits specified for employer’s liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policy’s policy limits and partial attribution of the policy limits of an umbrella or excess liability policy that is at least as broad in coverage 393 Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 13 as that of the underlying policy, as specified herein. If such umbrella or excess liability policy was required under this Contract, at a specified minimum policy limit, such umbrella or excess policy must retain a minimum limit of $5,000,000.00 after accounting for partial attribution of its limits to underlying policies, as allowed above. M. Contractor’s Pollution Liability Insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage, including cleanup costs, as a result of pollution conditions arising from Contractor’s operations and completed operations. This insurance must be maintained for no less than one year after final completion. Contractor’s Pollution Liability Policy limits of not less than: Each Occurrence/Claim $3,000,000.00 General Aggregate $5,000,000.00 6.04 Builder’s Risk and Other Property Insurance SC-6.04 Supplement Paragraph 6.04 with the following provisions: F. Builder’s Risk Requirements: The builder’s risk insurance must: 1. be written on a builder’s risk “all risk” policy form that at a minimum includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment stored and in transit, and must not exclude the coverage of the following risks: fire; windstorm; hail; flood; earthquake, volcanic activity, and other earth movement; lightning; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; and water damage (other than that caused by flood). a. Such policy will include an exception that results in coverage for ensuing losses from physical damage or loss with respect to any defective workmanship, methods, design, or materials exclusions. b. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake, volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance will be provided through other insurance policies acceptable to Owner and Contractor. 2. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent 394 Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 13 constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 3. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of contractors, engineers, and architects). 4. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). If this coverage is subject to a sublimit, such sublimit will be a minimum of $50,000. 5. extend to cover damage or loss to insured property while in transit. If this coverage is subject to a sublimit, such sublimit will be a minimum of $50,000. 6. allow for the waiver of the insurer’s subrogation rights, as set forth in this Contract. 7. allow for partial occupancy or use by Owner by endorsement, and without cancellation or lapse of coverage. 8. include performance/hot testing and start-up, if applicable. 9. be maintained in effect until the Work is complete, as set forth in Paragraph 15.06.D of the General Conditions, or until written confirmation of Owner’s procurement of property insurance following Substantial Completion, whichever occurs first. 10 include as named insureds the Owner, Contractor, Subcontractors (of every tier), and any other individuals or entities required by this Contract to be insured under such builder’s risk policy. For purposes of Paragraphs 6.04, 6.05, and 6.06 of the General Conditions, and this and all other corresponding Supplementary Conditions, the parties required to be insured will be referred to collectively as “insureds.” 11. If debris removal in connection with repair or replacement of insured property is subject to a coverage sublimit, such sublimit will be a minimum of $250,000. SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions: F. Builder’s Risk and Other Property Insurance Deductibles: The purchaser of any required builder’s risk, installation floater, or other property insurance will be responsible for costs not covered because of the application of a policy deductible. 1. The builder’s risk policy (or if applicable the installation floater) will be subject to a deductible amount of not more than $50,000 for direct physical loss in any one occurrence. SC-6.04 Delete Paragraph 6.04.A and substitute the following in its place: A. Installation Floater 1. Contractor shall provide and maintain installation floater insurance on a broad form or “all risk” policy providing coverage for materials, supplies, machinery, fixtures, and equipment that will be incorporated into the Work (“Covered Property”). Coverage under the Contractor’s installation floater will include loss from covered “all risk” causes (perils) to Covered Property: 395 Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 13 a. of the Contractor, and Covered Property of others that is in Contractor’s care, custody, and control; b. while in transit to the Site, including while at temporary storage sites; c. while at the Site awaiting and during installation, erection, and testing; d. continuing at least until the installation or erection of the Covered Property is completed, and the Work into which it is incorporated is accepted by Owner. 2. The installation floater coverage cannot be contingent on an external cause or risk, or limited to property for which the Contractor is legally liable. 3. The installation floater coverage will be in an amount sufficient to protect Contractor’s interest in the Covered Property. The Contractor will be solely responsible for any deductible carried under this coverage. 4. This policy will include a waiver of subrogation applicable to Owner, Contractor, Engineer, all Subcontractors, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them. ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES 7.02 Supervision and Superintendence SC-7.02 Add the following to Paragraph 7.01, following Paragraph 7.02.B: C. Unless Owner otherwise agrees in writing, the superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 7.14 Hazard Communication Programs SC-7.14 Add the following new paragraph immediately after Paragraph 7.14.A: B Single Prime Contract: Contractor shall be responsible for coordinating exchange of safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws and Regulations. Contractor shall provide a centralized location for the maintenance of the safety data sheets or other hazard communication information required to be made available by any employer on the Site. Location of the material safety data sheets or other hazard communication information shall be readily accessible to the employees of employers on the Site. 396 Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 13 ARTICLE 8—OTHER WORK AT THE SITE No Supplementary Conditions in this Article. ARTICLE 9—OWNER’S RESPONSIBILITIES No Supplementary Conditions in this Article. ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION 10.03 Resident Project Representative SC-10.03 Add the following new subparagraph immediately after Paragraph 10.03.B: C. The Resident Project Representative (RPR) will be Engineer's representative at the Site. RPR's dealings in matters pertaining to the Work in general will be with Engineer and Contractor. RPR's dealings with Subcontractors will only be through or with the full knowledge or approval of Contractor. The RPR will: 1. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor’s safety meetings), and as appropriate prepare and circulate copies of minutes thereof. 2. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR’s own personal safety while at the Site. 3. Liaison a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for Contractor’s proper execution of the Work. 4. Review of Work; Defective Work a. Conduct on-Site observations of the Work to assist Engineer in determining, to the extent set forth in Paragraph 10.02, if the Work is in general proceeding in accordance with the Contract Documents. b. Observe whether any Work in place appears to be defective. This does not impose on either RPR or Engineer any obligation to find all, or any specific element of, defective Work, for which Contractor remains solely responsible. b. Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval. 5. Inspections and Tests 397 Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 13 a. Observe Contractor-arranged inspections required by Laws and Regulations, including but not limited to (1) code-required tests and special inspections, and (2) those performed by public or other agencies having jurisdiction over the Work. b. Observe specific tests, inspections, and other field quality control required by the Contract Documents and performed by Contractor, Subcontractor, Supplier, or by testing or laboratories retained by any of them, . c. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work. 6. Payment Requests: Review Applications for Payment with Contractor and advise Contractor regarding quantities or extent of the Work eligible for payment. 7. Completion a. Participate in Engineer’s visits regarding inspection for Substantial Completion. b. Assist in the augmenting or amending the punch list of items to be completed or corrected prior to final inspection. c. Final Inspection: Participate in Engineer’s visit to the Site, in the company of Owner and Contractor, regarding completion of the Work, and prepare a final punch list (if any) of items to be completed or corrected by Contractor. d. Observe whether items on the final punch list have been completed or corrected. d. Record Documents: Periodically during the Work, review with Contractor the status of Contractor’s record documents required by the Contract Documents and advise Contractor on whether such record documents appear to comply with the Contract’s requirements for record documents. Review final record documents submitted by Contractor. D. The RPR will not: 1. Authorize any deviation from the Contract Documents or substitution of materials, equipment (including “or-equal” items), or procedures or sequences indicated in the Contract Documents. 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control or responsibility over any aspect of the means, methods, techniques, sequences or procedures of construction. 5. Advise on, issue directions regarding, or assume control over security protection, or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Authorize Owner to occupy the Project in whole or in part. 398 Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 13 ARTICLE 11—CHANGES TO THE CONTRACT No Supplementary Conditions in this Article. ARTICLE 12—CLAIMS No Supplementary Conditions in this Article. ARTICLE 13—COST OF WORK; ALLOWANCES, UNIT PRICE WORK 13.01 Cost of the Work SC-13.01.B.5.c.(1) Supplement Paragraph 13.01.B.5.c.(1) by adding the following subparagraphs: a) Prior to commencing Work at the Site, submit to Owner, through Engineer, copies of the equipment rental agreements for Owner’s approval. b) Should Contractor perform Work using rented construction equipment or machinery without Owner’s written approval of the associated rental agreement and the parties subsequently disagree on the applicable rental rates, use of such construction equipment and machinery will be compensated on the basis of the rental rate book indicated in Paragraph SC-13.01.B.5.c.(2). c) When the rental rate book is used basis for determining compensation for construction equipment and machinery leased from a rental firm, the hourly rate for such equipment shall be determined in accordance with Paragraph 13.01.B.5.(2) of the General Conditions. SC-13.01.B.5.c.(2) Supplement Paragraph 13.01.B.5.c.(2) by adding the following sentence: The equipment rental rate book that governs the included costs for the rental of machinery and equipment owned by Contractor (or a related entity) under the Cost of the Work provisions of this Contract is the most current edition of 2008 MDT equipment rental rate guidelines. SC-13.01.B.5.c Supplement Paragraph 13.01.B.5.c by adding the following subparagraphs: 4) Inactive Equipment and Machinery: Rental of construction equipment and machinery shall cease when the use thereof is no longer necessary for the Work. Periods of inactivity for such construction equipment or machinery will not be compensable unless agreed upon in writing by Owner, unless the costs of disassembly, removal, transportation, reassembly, and remobilization, as submitted to and accepted by Owner (with advice of Engineer) would exceed the cost of continuing to rent the item(s) during the period(s) of inactivity. Contractor is responsible for obtaining Owner’s written approval for compensation for construction equipment and machinery for periods of inactivity. Owner is not responsible for retroactively approving such inactivity. “Period of inactivity” for such items includes periods when the construction equipment or machinery is not used or necessary for the logical and 399 Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 13 efficient progression of the Work, or when other, available equipment or machinery is suitable for performing the given task. 5) Condition of Equipment and Machinery: Construction equipment and machinery will be compensable only for serviceable construction equipment and machinery capable of efficiently performing its intended function at the Site. Construction equipment and machinery not in compliance with this Paragraph SC-13.01.B.5.c.5) is not eligible for compensation. 6) Capped Compensation: Compensation paid Contractor for a given item of Contractor-owned construction equipment or machinery will be capped at, and shall not exceed, the comparable purchase price of such item of equal or comparable capacity and capability. SC-13.01.C.2 Supplement Paragraph 13.01.C.2 by adding the following definition of small tools and hand tools: a. For purposes of this paragraph, “small tools and hand tools” means items in one or more of the following categories: (1) Items that are ordinarily required for the performing worker’s job function, including but not limited to equipment which ordinarily has no associated licensing, insurance, or substantive storage costs; such as hammers, wrenches, socket tools, manual saws, power saws, chainsaws, common power tools, impact drills, threaders, benders, transits and theodolites and related equipment, and other tools transportable by hand, regardless of ownership of such items; (2) Items such as gang-boxes, ladders, hand carts and similar wheeled items manually operated by workers, extension cords, and similar items; (3) common testing equipment such as insulation testers (megger-testing equipment), amp meters, gas detectors, pressure gauges, and similar items; (4) A purchase price (if purchased new, at retail) of $500, although such limit is not absolute, and certain items may be deemed by Owner or Engineer as “small tools or hand tools” (and not eligible for compensation) even though such item may have a purchase price greater than the amount indicated in this Paragraph 13.01.C.2. ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK No Supplementary Conditions in this Article. ARTICLE 15—PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD 15.03 Substantial Completion SC-15.03.B Add the following new subparagraph to Paragraph 15.03.B: 1. If some or all of the Work has been determined by Engineer not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer or other entity retained by Owner, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses, will be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under this Article 15. 400 Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 13 ARTICLE 16—SUSPENSION OF WORK AND TERMINATION No Supplementary Conditions in this Article. ARTICLE 17—FINAL RESOLUTIONS OF DISPUTES 17.02 Arbitration SC-17.02 Add the following new paragraph immediately after Paragraph 17.01. SC-17.02 Arbitration A. All matters subject to final resolution under this Article will be settled by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules (subject to the conditions and limitations of this Paragraph SC-17.02). Any controversy or claim in the amount of $100,000 or less will be settled in accordance with the American Arbitration Association’s supplemental rules for Fixed Time and Cost Construction Arbitration. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitration administrator, and a copy will be concurrently sent to Engineer for information. The demand for arbitration will be made within the specific time required in Article 17, or, if no specified time is applicable, within a reasonable time after the matter in question has arisen, and in no event will any such demand be made after the date when institution of legal or equitable proceedings based on such matter in question would be barred by the applicable statute of limitations. C. The arbitration will be held in Bozeman, MT, as directed by the Owner. D. The arbitrator(s) must be licensed engineers, contractors, attorneys, or construction managers. Hearings will take place pursuant to the standard procedures of the Construction Arbitration Rules that contemplate in-person hearings. The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute or the Contract. Any award in an arbitration initiated under this clause will be limited to monetary damages and include no injunction or direction to any party other than the direction to pay a monetary amount. E. The Arbitrator(s) will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a specific Law or Regulation or this Contract permits them to do so. F. The award of the arbitrator(s) must be accompanied by a reasoned written opinion and a concise breakdown of the award. The written opinion will cite the Contract provisions deemed applicable and relied on in making the award. G. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges will constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver will not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. 401 Exhibit C—Geotechnical Baseline Report Supplement to the Supplementary Conditions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 13 H. No arbitration arising out of or relating to the Contract will include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, and Engineer’s consultants and the officers, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless: 1. the inclusion of such other individual or entity will allow complete relief to be afforded among those who are already parties to the arbitration; 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration, and which will arise in such proceedings; 3. such other individual or entity is subject to arbitration under a contract with either Owner or Contractor, or consents to being joined in the arbitration; and 4. the consolidation or joinder is in compliance with the arbitration administrator’s procedural rules. I. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal, subject to provisions of the Laws and Regulations relating to vacating or modifying an arbitral award. J. Except as may be required by Laws or Regulations, neither party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties, with the exception of any disclosure required by Laws and Regulations or the Contract. To the extent any disclosure is allowed pursuant to the exception, the disclosure must be strictly and narrowly limited to maintain confidentiality to the extent possible. 17.03 Attorneys’ Fees SC-17.03 Add the following new paragraph immediately after Paragraph 17.02. SC-17.03 Attorneys’ Fees A. For any matter subject to final resolution under this Article, the prevailing party shall be entitled to an award of its attorneys’ fees incurred in the final resolution proceedings, in an equitable amount to be determined in the discretion of the court, arbitrator, arbitration panel, or other arbiter of the matter subject to final resolution, taking into account the parties’ initial demand or defense positions in comparison with the final result. ARTICLE 18—MISCELLANEOUS No Supplementary Conditions in this Article. 402 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration WAGE DETERMINATION SCHEDULE 00 73 46 - 1 00 73 46 WAGE DETERMINATION SCHEDULE State of Montana Prevailing Wage Rates for Heavy Construction (Comprised of 15 pages plus this cover page) 403 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2025 Effective July 1, 2025 Note: These are revised 2025 rates and supersede the rates that were published on January 11, 2025 Greg Gianforte, Governor State of Montana Sarah Swanson, Commissioner Department of Labor & Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ESD at erd.dli.mt.gov/labor-standards or contact: Employment Standards Division Montana Department of Labor and Industry P. O. Box 8011 Helena, MT 59604 Phone 406-444-6543 The department welcomes questions, comments, and suggestions from the public. In addition, we’ll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at erd.dli.mt.gov/labor-standards or by contacting the department at (406) 444-6543. In addition, this publication provides general information concerning compliance with Montana’s Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at erd.dli.mt.gov/labor-standards or contact the department at (406) 444-6543. SARAH SWANSON Commissioner Department of Labor and Industry State of Montana 404 2 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: WAGE RATES: A.Date of Publication ……………………………………………………………………………………………………………………………………………….……. 3 B.Definition of Heavy Construction …………………………………………………………………………………………………………………..…............. 3 C.Definition of Public Works Contract ………………………………………………………………………………………………………………………….... 3 D.Prevailing Wage Schedule ……………………………………………………………………………………………………………………………….………… 3 E.Rates to Use for Projects ………………………………………………………………………………………………………………………………..…………… 3 F.Wage Rate Adjustments for Multiyear Contracts ……………………………………………………………………………………………….………… 3 G.Fringe Benefits ……………………………………………………………………………………………………………………………………………………………. 4 H.Dispatch City ………………………………………………………………………………………………………………………………………………………….……. 4 I.Zone Pay …………………………………………………………………………………………………………………………………………………………………….. 4 J.Computing Travel Benefits ……………………………………………………………………………………………………………….………………………… 4 K.Per Diem …………………………………………………………………………………………………………………………………………………………………….. 4 L.Apprentices ………………………………………………………………………………………………………………………………………..……………………….. 4 M.Posting Notice of Prevailing Wages ……………………………………………………………………………………………………………………………. 5 N.Employment Preference …………………………………………………………………………………………………………….…………………………....... 5 O.Projects of a Mixed Nature ............................................................................................................................................................ 5 P.Occupations Definitions Website ................................................................................................................................................... 5 Q.Welder Rates ……………………………………………………………………………………………………………………………………………………………. 5 R.Foreman Rates …………………………………………………………………………………………………………………………………………………..……. 5 S Proper Classification for Pipefitter and Laborer/Pipelayer Work on Water and Waste Water Treatment Plants ……………..… 5 BOILERMAKERS ……………………………………………………………………………………………………………………………………………..………………….. 6 BRICK, BLOCK, AND STONE MASONS ……………………………………………………………………………………….......................................... 6 CARPENTERS …………………………………………………………………………………………………………………………………………………………………….. 6 CEMENT MASONS AND CONCRETE FINISHERS …………………………………………………………………………………………………………… 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 ………………………………………………………………………………………………………….............................................. 7 OPERATORS GROUP 2 ………………………………………………………………………………………………………………………………………………….. 7 OPERATORS GROUP 3 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 4 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 5 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 6 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 7 ………………………………………………………………………………………………………………………………………………….. 9 CONSTRUCTION LABORERS LABORERS GROUP 1 ………………………………………………………………………………………………………………………………………………….. 9 LABORERS GROUP 2 ………………………………………………………………………………………………………………………………………………….. 9 LABORERS GROUP 3 ………………………………………………………………………………………………………………………………………………….. 10 LABORERS GROUP 4 ………………………………………………………………………………………………………………………………………………….. 10 DIVERS ………………………………………………………………………………………………………………………………………………………………………………. 10 DIVER TENDERS ……………………………………………………………………………………………………………………………………………………………….. 11 ELECTRICIANS …………………………………………......................................................................................................................................... 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) ………………………………………………………………............................ 11 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS …………………………………………………………………………………. 12 LINE CONSTRUCTION EQUIPMENT OPERATORS …………………………………………………………………………………..........…………………………………………………. 12 GROUNDMAN ………………………………………………………………………………………………...........……………………………………………………….. 12 LINEMAN ……………………………………………………………………………………………...........………………………………………………………………….. 12 MILLWRIGHTS …………………………………………………………………………………………………………………………………………………………………….. 13 PAINTERS ……………………………………………………………………………..............….......................................................................................... 13 PILE BUCKS ……………………………………………………………………………………………………………………………………………………………………….. 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS …………………………………………………………………………………………………………… 13 SPRINKLERFITTERS …………………………………………………………………………………………………………………............................................... 14 TRUCK DRIVERS ..................................................................................................................................................................................... 14 405 3 A.Date of Publication January 13, 2025 B.Definition of Heavy Construction The Administrative Rules of Montana (ARM), 24.17.501(4) – (4)(b), states “Heavy construction projects include, but are not limited to, those projects that are not properly classified as either ‘building construction’, or ‘highway construction.’ Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor), fish hatcheries, flood control projects, industrial incinerators (other than building), irrigation projects, jetties, kilns, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings), pipe lines, ponds, pumping stations (prefabricated drop-in units – not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc.), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings) and wells.” C.Definition of Public Works Contract Section 18-2-401(11)(a), MCA defines “public works contract” as “…a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state,county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000...”. D.Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction, Highway Construction and Nonconstruction Services occupations can be found on the internet at https://erd.dli.mt.gov/labor-standards/state-prevailing-wage-rates/ or by contacting the department at (406) 444-6543. E.Rates to Use for Projects ARM, 24.17.127(1)(c), states “The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised.” F.Wage Rate Adjustments for Multiyear ContractsSection 18-2-417, MCA states:“(1) Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3% increase. The adjustment must be made and applied every 12 months for the term of the contract. (3) Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency.” 406 4 G. Fringe Benefits Section 18-2-412, MCA states: “(1) To fulfill the obligation...a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor.” Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H.Dispatch City ARM, 24.17.103(11), defines dispatch city as “...the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Miles City, Missoula and Sidney.” I.Zone Pay Zone pay is not travel pay. ARM, 24.17.103(25), defines zone pay as “...an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job.” See section H above for a list of dispatch cities. J.Computing Travel Benefits ARM, 24.17.103(23), states “ ‘Travel pay,’ also referred to as ‘travel allowance,’ is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job.” See section H above for a list of dispatch cities. K.Per Diem ARM, 24.17.103(19), states “ ‘Per diem’ typically covers costs associated with board and lodging expenses. Per diem ispaid when an employee is required to work at a location outside the daily commuting distance and is required to stay atthat location overnight or longer.” L.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2), MCA states, “…The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract.” Apprentices not registeredin approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 407 5 M. Posting Notice of Prevailing Wages Section 18-2-406, MCA, provides that contractors, subcontractors, and employers who are “…performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent andaccessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.” N. Employment Preference Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O. Projects of a Mixed Nature Section 18-2-418, MCA states: “(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification” P.Occupations DefinitionsYou can find definitions for these occupations on the following Bureau of Labor Statistics website:http://www.bls.gov/oes/current/oes_stru.htm Q.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R.Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. S. Proper Classification for Pipefitter and Laborer/Pipelayer Work on Water and Waste Water Treatment Plants The proper classification for the following work is Pipefitter, when it is performed inside a building structure or performed at a location which will later be inside of a building: Joining steel pipe larger than 12 inches in diameter with bolted flange connections that has been pre-fabricated off site and does not require any modification such as cutting, grinding, welding, or other fabrication in order to be installed. All other work previously classified as pipefitter remains in that classification. The proper classification for that work when it is at a location that will always beoutside a building is Pipelayer, which is under the Laborer Group 3 classification. 408 6 WAGE RATES BOILERMAKERS Wage Benefit $35.30 $34.00 Duties Include: Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, pressure vessels and penstocks. Bulk storage tanks and bolted steel tanks. Travel and Per Diem: No travel or per diem established. ↑ Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit $32.32 $16.78 Travel: 0-70 mi. free zone >70-90 mi. $60.00/day>90 mi. $80.00/day ↑ Back to Table of Contents CARPENTERS Wage Benefit $36.49 $17.45 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit $38.54 $17.04 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. ↑ Back to Table of Contents Zone Pay: 0-30 mi free zone 30-60 mi base pay+2.95/hr. >60 mi base pay+4.75/hr. 409 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit $31.51 $15.73 This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. Per Diem: 0-75 mi free zone >75 mi $70/day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit $32.88 $15.15 This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self- Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant Per Diem: 0-75 mi free zone >75 mi $70/day ↑ Back to Table of Contents 410 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit $38.00 $16.35 This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat Haul Truck, Articulating Trucks, Vac Truck. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit $38.00 $16.35 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit $38.00 $16.35 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit $40.00 $16.35 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents 411 9 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit $42.00 $16.35 This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit $23.08 $11.82 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit $26.15 $13.44 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents 412 10 CONSTRUCTION LABORERS GROUP 3 Wage Benefit $26.07 $13.44 This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit $26.76 $11.82 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. ↑ Back to Table of Contents DIVERS Stand-By No Rate Established Diving No Rate Established Zone Pay: No Zone Pay Established ↑ Back to Table of Contents 413 11 Zone Pay: No Zone Pay Established DIVER TENDERS No Rate Established ↑ Back to Table of Contents ELECTRICIANS Wage Benefit $38.86 $17.84 Travel: No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. Per Diem District 4 >60 mi. $80.00/day Per Diem in Big Sky and West Yellowstone $125/day. ↑ Back to Table of Contents INSULATION WORKERS - MECHANICAL (HEAT AND FROST) No Rate Established Duties Include: Insulate pipes, ductwork or other mechanical systems. Travel: No Travel Pay Established ↑ Back to Table of Contents 414 12 IRONWORKERS – REINFORCING IRON AND REBAR WORKERS Wage Benefit $34.83 $28.07 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: All Districts 0-45 mi. free zone >45-85 mi. $100.00/day >85 mi. $150.00/day ↑ Back to Table of Contents IRONWORKERS – STRUCTURAL IRON AND STEEL WORKERS Wage Benefit $34.83 $28.07 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: All Districts 0-45 mi. free zone >45-85 mi. $100.00/day >85 mi. $150.00/day LINE CONSTRUCTION – EQUIPMENT OPERATORS No Rate Established Duties Include: All work on substations Travel: No Travel Pay Established ↑ Back to Table of Contents LINE CONSTRUCTION – GROUNDMAN Wage Benefit $29.09 $8.36 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – LINEMAN Benefit $18.75 Travel: No Free Zone $60.00/day Wage $52.11 Duties Include: All work on substations ↑ Back to Table of Contents 415 13 MILLWRIGHTS Wage Benefit $45.26 $21.25 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PAINTERS Wage Benefit $25.00 No Rate Established Travel and Per Diem: No travel or per diem established. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PILE BUCKS Wage Benefit $36.49 $14.33 Travel: District 4 0-70 free zone >70 mi. On jobs when employees do not work consecutive days: $0.55/mi. if employer doesn’t provide transportation. Not to exceed two trips. On jobs when employees work any number of consecutive days: $110.00/day. Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. ↑ Back to Table of Contents PLUMBERS, PIPEFITTERS, AND STEAMFITTERS $45.60 $21.26 Duties Include: Assemble, install, alter, and repair pipe-lines or pipe systems that carry water, steam, air, other liquids or gases. Testing of piping systems, commissioning and retro- commissioning. Workers in this occupation may also install heating and cooling equipment and mechanical control systems. ↑ Back to Table of Contents Wage Benefit 416 14 SPRINKLER FITTERS No Rate Established Duties Include: Duties Include but not limited to any and all fire protection systems: Installation, dismantling, inspection, testing, maintenance, repairs, adjustments, and corrections of all fire protection and fire control systems, including both overhead and underground water mains, all piping, fire hydrants, standpipes, air lines, tanks, and pumps used in connection with sprinkler and alarm systems. Travel The following travel allowance is applicable when traveling in employee’s vehicle. 0-60 mi. free zone >60-80 mi. $23.00/day>80-100 mi. $33.00/day >100 mi. $125.00/day + the IRS rate per mile and $8.92 for every 15 miles traveled for one trip outand one trip back No travel allowance required when in employer’s vehicle except when staying the night. >100 mi. $125.00/day ↑ Back to Table of Contents TRUCK DRIVERS Pilot Car Driver No Rate Established Wage Benefit Truck Driver $31.28 $9.37 Truck drivers include but are not limited to: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + .$4.85/hr. Special Provision: Zone pay only applies to the Truck Driver classification. No zone pay was established for Pilot Car Driver. ↑ Back to Table of Contents 417 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-940 WORK CHANGE DIRECTIVE 2018 00 94 00 - i WORK CHANGE DIRECTIVE NO.: ______ Owner: Owner’s Project No.: Engineer: Engineer’s Project No.: Contractor: Contractor’s Project No.: Project: Contract Name: Date Issued: Effective Date of Work Change Directive: Contractor is directed to proceed promptly with the following change(s): Description: [Description of the change to the Work] Attachments: [List documents related to the change to the Work] Purpose for the Work Change Directive: [Describe the purpose for the change to the Work] Directive to proceed promptly with the Work described herein, prior to agreeing to change in Contract Price and Contract Time, is issued due to: Notes to User—Check one or both of the following ☐ Non-agreement on pricing of proposed change. ☐ Necessity to proceed for schedule or other reasons. Estimated Change in Contract Price and Contract Times (non-binding, preliminary): Contract Price: $ [increase] [decrease] [not yet estimated]. Contract Time: days [increase] [decrease] [not yet estimated]. Basis of estimated change in Contract Price: ☐ Lump Sum ☐ Unit Price ☐ Cost of the Work ☐ Other Recommended by Engineer Authorized by Owner By: Title: Date: 418 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-941 CHANGE ORDER 2018 00 94 10 - i CHANGE ORDER NO.: ____ Owner: Owner’s Project No.: Engineer: Engineer’s Project No.: Contractor: Contractor’s Project No.: Project: Contract Name: Date Issued: Effective Date of Change Order: The Contract is modified as follows upon execution of this Change Order: Description: [Description of the change] Attachments: [List documents related to the change] Change in Contract Price Change in Contract Times [State Contract Times as either a specific date or a number of days] Original Contract Price: Original Contract Times: Substantial Completion: $ Ready for final payment: [Increase] [Decrease] from previously approved Change Orders No. 1 to No. [Number of previous Change Order]: [Increase] [Decrease] from previously approved Change Orders No.1 to No. [Number of previous Change Order]: Substantial Completion: $ Ready for final payment: Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: [Increase] [Decrease] this Change Order: [Increase] [Decrease] this Change Order: Substantial Completion: $ Ready for final payment: Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for final payment: Recommended by Engineer (if required) Authorized by Owner By: Title: Date: Authorized by Owner Approved by Funding Agency (if applicable) By: Title: Date: 419 HDR Project No. 10059730 City of Bozeman East Gallatin River Stream Avulsion Restoration EJCDC C-942 FIELD ORDER 2018 00 94 20 - i FIELD ORDER NO.: ____ Owner: Owner’s Project No.: Engineer: Engineer’s Project No.: Contractor: Contractor’s Project No.: Project: Contract Name: Date Issued: Effective Date of Field Order: Contractor is hereby directed to promptly perform the Work described in this Field Order, issued in accordance with Paragraph 11.04 of the General Conditions, for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or Contract Times is required, submit a Change Proposal before proceeding with this Work. Reference: Specification Section(s): Drawing(s) / Details (s): Description: [Description of the change to the Work] Attachments: [List documents supporting change] Issued by Engineer By: Title: Date: 420 This page intentionally left blank. 421 DIVI SION 01 GENERAL REQUIREMENTS 422 This page intentionally left blank. 423 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SCHEDULE OF VALUES 01 29 73 - 1 SECTION 01 29 73 SCHEDULE OF VALUES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for the Schedule of values, including: a. Applicability. b. General provisions for Schedules of Values. B. Related Requirements: Include but are not necessarily limited to: 1. Division 00- Procurement and Contracting Requirements 2. Division 01- General Requirements 3. Section 01 22 00 - Measurement and Payment. 4. Section 01 29 76 - Progress Payment Procedures. 1.2 PRICE AND PAYMENT PROCEDURES A. Schedule of Values and Payment – General: 1. Contractor shall prepare and submit to Engineer for acceptance Schedule of Values that presents (as applicable): (a) an appropriate, detailed breakdown of the price of lump sum bid/pay items, and (b) an appropriate, detailed breakdown of the price of Work compensated on the basis of Cost of the Work plus a fee, and (c) lists bid/pay items of Unit Price Work. The total of all Work among the various bid/pay items shall equal the Contract Price. 2. For each item of lump sum Work and Work compensated on the basis of Cost of the Work plus a fee, the Schedule of Values shall, establish in detail the portion of the Contract Price allocated to each component of such Work. 3. Upon request of Engineer, promptly furnish data and information that substantiates and supports the amounts indicated in the Schedule of Values. 4. Submit preliminary Schedule of Values to Engineer for initial review. Contractor shall incorporate Engineer’s comments into the Schedule of Values and resubmit to Engineer. Engineer may require corrections and re-submittals until Schedule of Values is acceptable. 5. Schedule of Values may be used, where appropriate, as a basis for negotiating price of changes, if any, in the Work. B. Applicability: 1. Lump Sum Work: a. For Work paid on a lump sum basis, progress payments will be on the basis of Work performed in accordance with the Contract Documents, for each line item in the Schedule of Values, as recommended to Owner by Engineer. 2. Unit Price Work: a. Breakdown of unit prices (whether in a Schedule of Values or elsewhere) into detailed cost or price components is not required. b. Unit Price Work will be measured for payment in accordance with the Contract Documents. 1.3 ADMINISTRATIVE PROCEDURES A. General Provisions for Schedules of Values: 1. This Section augments requirements for the Schedule of Values, indicated in the General Conditions, as may be augmented by the Supplementary Conditions. 1.4 SUBMITTALS A. Informational Submittals: Submit the following: 424 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SCHEDULE OF VALUES 01 29 73 - 2 1. Submit to Engineer the Schedule of Values in the form and quantity required in Section 01 33 00 - Submittals 2. Content of Schedule of Values Submittals shall be in accordance with this Section. 3. Timing of Submittals: a. Preliminary Schedule of Values: 1) Submit preliminary Schedule of Values within time limit indicated in the General Conditions. b. Initial Acceptable Schedule of Values: 1) Revise the preliminary Schedule of Values in accordance with Engineer’s comments. 2) Contractor will not be eligible for progress payment until acceptable Schedule of Values is submitted in accordance with the Contract Documents. 3) Submit the Schedule of Values acceptable to Engineer in accordance with the General Conditions. c. Updates: Submit updated Schedule of Values when: 1) The Contract Price has changed. 2) Requested by Engineer 1.5 FORMAT, ORGANIZATION, AND CONTENT OF SCHEDULE OF VALUES A. Organization and Major Elements of Schedule of Values. 1. Prepare Schedule of Values on the “progress estimate” or “continuation sheets”, as applicable, of the Application for Payment form indicated in Section 01 29 76 - Progress Payment Procedures. 2. Include in Schedule of Values itemized list of Work for each major work area included in the Work, for each lump sum [and [payment item included in the Contract. 1) Contractor will not be eligible for progress payment until acceptable Schedule of Values is submitted in accordance with the Contract Documents. 3. In addition, list either in the Schedule of Values or on a separate worksheet included with Applications for Payment all Unit Price Work bid/pay items in the Contract. The balance of this Article applies to lump sum Work. 4. Organization in Accordance with Specification Sections: a. Within each work area, organize the Schedule of Values by the various Specifications section numbers and titles included in the Contract Documents. b. Label each row in the Schedule of Values with the appropriate Specifications section number. Include an amount for each row in the Schedule of Values. c. List sub-items of major materials, equipment, or systems, as appropriate or when requested by Engineer. B. Requirements for both the preliminary Schedule of Values Submittal and the Schedule of Values Submittal for Engineer’s acceptance are: 1. Apportionment between Materials and Equipment, and Installation: Schedule of Values shall include separate apportionment of costs for: a. Cost of materials and equipment to be incorporated into the completed construction. b. Cost of delivery, handling, and storage of materials and equipment to be incorporated into the completed construction. c. Cost of temporary materials (such as excavation supports, scaffolding, and other temporary materials), and their associated delivery, handling, and storage costs, if any. d. Cost of rentals of construction equipment and machinery, whether owned by Contractor or Subcontractor or leased from a third-party equipment rental entity. e. Cost of installing materials and equipment. f. Travel and subsistence costs, if any. g. Other costs used in preparing the Bid by Contractor and each Subcontractor. 2. Sum of individual line item amounts indicated on the Schedule of Values shall equal the total of associated bid/pay item. Sum of bid/pay item totals in the Schedule of Values, plus the sum of any separate listing of Unit Price Work items, shall equal the [total Contract Price. 425 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SCHEDULE OF VALUES 01 29 73 - 3 3. Overhead and Profit: a. Include in each line item a directly proportional amount of Contractor’s overhead and profit in the Contract Price. b. Do not include overhead and profit as separate line item(s). 4. Allowances: Include separate line item for each allowance. 5. Unit Price Work: Separately indicate items of Unit Price Work in the overall Schedule of Values. Where the required form includes a separate worksheet or page for Unit Price Work, indicate all items of Unit Price Work on such worksheet or page of the form. 6. Bonds and Insurance Costs: a. Include line item for bonds and insurance in bid/pay item for bonds and insurancein amount not greater than 1.5 percent of the total Contract Price. b. When greater than the amount stipulated immediately above is proposed by Contractor in the Schedule of Values, submit to Engineer documentation substantiating the proposed amounts. Submit to Engineer such documentation when otherwise requested by Engineer. c. When Contractor has furnished performance and payment bonds and evidence of insurance acceptable to Owner and in accordance with the Contract Documents, entire amount for bonds and insurance may be applied for in the first Application for Payment. 7. Administrative Cost Elements: a. Costs under this category are sometimes informally referred to as “field overhead”, but are Project costs rather than costs related to Contractor’s general business operations. b. Include in the Schedule of Values relevant line items and amounts for work and services required by the General Conditions and specific Division 01 Specifications sections, such as: 1) Project management costs. 2) Onsite superintendence and supervision costs. 3) Itemized list of Work by work area, as applicable, for costs associated with coordination with the Owner’s operations, including required sequencing, as set forth in the Contract Documents. 4) Updating the construction Progress Schedule, preparing time impact analyses, and preparing recovery schedules. Preparation of preliminary Progress Schedule and the initial (“baseline”) Progress Schedule acceptable to Engineer are part of mobilization. 5) Construction progress photographic documentation. Preconstruction photographic documentation and final photographic documentation are, respectively, part of mobilization and demobilization. 6) Updates of the Schedule of Submittals. 7) Contractor’s safety representative and ongoing implementation of Contractor’s Site-specific health and safety plan (SSHASP). Establishing the SSHASP is part of mobilization. 8) Ongoing compliance with permits (when applicable). Contractor’s securing of required work permits is part of mobilization. 9) Ongoing cost for temporary utilities and temporary facilities. Establishing such services and facilities is part of mobilization. 10) Ongoing costs for temporary security . 11) Field offices (monthly rental and maintenance) and storage facilities (excluding costs of establishment and removal, which are part of mobilization and demobilization). 12) Ongoing site maintenance, such as temporary controls (dust, air pollution, water pollution, solid waste control, pest and rodent control, temporary erosion and sediment controls, and others), snow and ice removal, and similar activities. 13) Field engineering and surveying. 14) Progress cleaning and cleaning for Substantial Completion. 15) Record documents (preparation, maintenance, and submittal). 426 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SCHEDULE OF VALUES 01 29 73 - 4 a) If adequate record documents are maintained, up to 50 percent of the value of the record documents line item will be eligible for payment, spread evenly over those progress payments in which construction at the Site is performed. b) Remainder of Project record documents line item will be eligible for payment when complete record documents are submitted in accordance with the Contract Documents. c) If record documents submitted are unsatisfactory to Engineer, amount may be reduced via set-offs in accordance with the Contract Documents. 16) Other items required by Engineer. c. Include such items in Applications for Payment on payment schedule acceptable to Engineer. d. Such line items in the Schedule of Values shall exclude any and all costs associated with Contractor’s permanent place(s) of business, personnel stationed at permanent office(s), salaries and bonuses of executive and administrative personnel not directly performing work on the Project, and general business expenses, all of which are part of Contractor’s overhead costs. 8. Mobilization and Demobilization: Include all associated costs in the separate bid/pay item for mobilization and demobilization. 9. Mobilization and Demobilization: a. Include separate line items under each appropriate lump sum bid/pay item for mobilization and demobilization. b. Document for Engineer the activities included in mobilization and demobilization line items. c. Mobilization includes: 1) Preparing and obtaining Engineer’s acceptance of schedules, including Progress Schedule, Schedule of Submittals, and Schedule of Values. 2) Preconstruction conference(s) required by the Contract Documents. 3) Preconstruction photographic documentation. 4) Establishing Contractor’s Site-specific health and safety plan, preconstruction activities needed to start implementing Contractor’s safety programs, and verifying status of training of construction workers and personnel and condition of construction equipment, machinery, and tools. 5) Submitting acceptable emergency contact information 6) Obtaining required permits needed to start the Work. 7) Initial establishment of temporary utilities and temporary facilities. 8) Establishing Contractor’s field office and sheds, Contractor’s storage areas, staging and laydown areas, and other areas necessary to perform the Work. 9) Initial establishment of construction vehicular access to the Site, parking needed for construction, and offsite haul routes. 10) Establishing construction equipment, machinery, and tools at the Site. 11) Providing initial temporary controls. 12) Establishing temporary controls needed to start Work at the Site. 13) Other mobilization acceptable to Engineer. a. Demobilization includes: 1) Removal from the Site and adjacent areas of excess materials and equipment. 2) Removal of temporary controls, temporary facilities, temporary barriers, and similar materials and equipment. 3) Removal of temporary access roads and parking areas not part of permanent pavement or otherwise allowed to remain by Owner, including temporary traffic controls established for construction vehicles and equipment. 4) Removal of all field office and sheds, storage areas, staging and laydown areas, and other areas needed to perform the Work and restoration of such areas. 5) Removal from the Site of all construction equipment, machinery, tools, Contractor’s containers, temporary fuel storage tanks, and similar items. 6) Closeout of permits on which Contractor is a permittee or co-permittee. 427 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SCHEDULE OF VALUES 01 29 73 - 5 7) Final cleaning. 8) Furnishing required closeout documents. 9) Other costs and effort by Contractor for demobilization. 10. Costs for Submittals, field quality control activities, and training of operations and maintenance personnel shall be as follows, unless otherwise accepted by Engineer: a. Submittals: Up to 8.0 percent of cost (including all associated overhead and profit) of each equipment item, exclusive of transportation and installation costs associated therewith, may be allocated to preparation of Shop Drawings, Samples ,and other Submittals required for release for purchase, fabrication, or delivery (as applicable) and may be included in the Application for Payment following Engineer’s approval of Shop Drawings (and acceptance of other Submittals, as applicable) required for fabricating or purchasing for that item for the Work. b. Field Quality Control: Up to 3.0 percent of total cost of each item (including all associated overhead and profit), including materials and equipment, and installation, may be apportioned to specified or required field quality control activities (including required testing and inspections) and included in the Application for Payment following Engineer’s acceptance of the associated written field quality control report Submittal(s). 11. Miscellaneous Work a. The item Miscellaneous Work has been provided in the proposal for any work and/or materials which may be encountered during construction, but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work, measured as provided above, will be at agreed upon prices or on force account basis. The number of units in dollars set down in the contract is an estimated amount only, which may be adjusted up or down by the Engineer in accordance with the needs of the project. PART 2 - PRODUCTS - (NOT USED) PART 3 - EXECUTION - (NOT USED) END OF SECTION 428 This page intentionally left blank. 429 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID CONSTRUCTION PROGRESS SCHEDULE 01 32 16 - 1 SECTION 01 32 16 CONSTRUCTION PROGRESS SCHEDULE PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for Contractor’s construction Progress Schedules and related Submittals. B. Scope: 1. Contractor shall prepare and submit to Engineer required Progress Schedules and related Submittals, as required by this Section and elsewhere in the Contract Documents. Maintain and update Progress Schedules and related Submittals throughout the Project. 2. Owner, facility manager (if other than Owner), Engineer, and others involved with the Project have the right to rely on accuracy of Contractor-prepared Progress Schedule. 3. Engineer’s review or acceptance of the Progress Schedule or related Submittals, and Engineer’s comments on and expressed opinions concerning activities in the Progress Schedule and related Submittals, and progress of the Work, does not control Contractor’s independent judgment concerning construction means, methods, techniques, sequences and procedures, unless the associated means, method, technique, sequence, or procedure is required by the Contract Documents. Contractor is solely responsible for complying with the Contract Times. C. Related Requirements: Include, but are not necessarily limited to: 1. Division 00- Procurement and Contracting Requirements 2. Division 01- General Requirements 1.2 1.3 REFERENCES. A. Defined Terms and Terminology: 1. Defined terms, indicated with initial capital letters, are indicated in the General Conditions, as may be modified by the Supplementary Conditions. 2. Terminology: The following are not defined terms and are not indicated with initial capital letters but, when used in this Section, have the meaning indicated below, whether applied to the singular or plural thereof. a. “Activity” is an element of the Work that has the following specific characteristics: consumes time, requires resources, has a definable start and finish, is assignable, and is measurable. b. “Baseline Progress Schedule” means, in addition to the General Conditions’ definition of “Progress Schedule”, the version of the Progress Schedule (for the entire Project) initially accepted by the Engineer. In the event of subsequent modifications to the Project, Contractor and Engineer may mutually agree that a subsequent revision of the Progress Schedule constitutes a new baseline Progress Schedule that supersedes the prior baseline Progress Schedule. c. “Constraint” means an imposed date on the Progress Schedule or an imposed time between activities. The Contract Times are constraints. d. “CPM Progress Schedule” means, in addition to the General Conditions’ definition of “Progress Schedule”, a computerized Progress Schedule in critical path method (CPM) format, for the entire Work, indicating interrelationships between elements of the Work; indicates sequences, dates, and durations for Work performed to date; indicates sequences, dates, and duration for incomplete Work yet to be performed; indicates constraints; and indicates the critical path for the Work. 430 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID CONSTRUCTION PROGRESS SCHEDULE 01 32 16 - 2 e. “Critical path” is the continuous chain of activities, from start to completion of the Work, with the longest duration for completion within the Contract Times. f. “Early finish” means the earliest date an activity can finish according to the assigned relationships among the activities in the Progress Schedule. g. “Early start” means the earliest possible date an activity can start according to the assigned relationships among activities in the Progress Schedule. h. “Float” means the time difference between the calculated duration of an activity chain on the Progress Schedule and the critical path. i. “Late finish” means the latest date an activity on the Progress Schedule can finish without extending the Contract Times. j. “Late start” means the latest date an activity on the Progress Schedule can start without extending the Contract Times. k. “Network diagram” means a time-scaled logic diagram showing the durations and relationships of the activities on the Progress Schedule. l. “Schedule date” (and similar terms, whether used in this Section or Project communications related to Progress Schedules) mean the “early start” and “early finish” date for the associated activity. “Late start” and “late finish” dates are for determining float and do not represent the schedule dates. m. “Total float” means the total number of days an activity (or chain of activities) on the Progress Schedule can be delayed without affecting the Contract Times. n. “Work areas” and “work system” means a logical breakdown of the Work elements or a group of activities which, when collectively assembled, are readily identifiable on the Project (for example: yard piping, a structure or building, a treatment process, or other logical grouping). 1.4 SUBMITTALS A. Schedule: 1. Submittal and review: a. Submit within 5 days after Execution of the Contract or the effective date of the contract, whichever is earlier. b. The Engineer/Owner will review and provide comments to the Contractor within 5 working days after receipt of the schedule. c. The Contractor will review and modify the preliminary schedule and return the schedule within 5 working days. If there are concerns about the comments provided, the Engineer/Owner and Contractor will meet to review and resolve those concerns. 2. Submittal package: a. Provide a detailed plan for the first 60 days of the project and summary activities of the work to achieve the project milestones. b. CPM time-scaled network diagram: 1) A printed logic diagram and PDF that include the following information: a) Unique activity number/identifier; numeric, alpha or combination of numeric/alpha. b) Activity description. c) Activity duration. d) Early start and early finish for each activity. e) Late start and late finish for each activity. f) Total float (TF) for each activity. g) Predecessor activities. h) Successor activities. i) Bar showing the early start and completion dates of each activity. 2) The activities will be sorted by area, trades, and subcontractors as agreed on with the Engineer/Owner. 3) Print the CPM time-scaled network diagram on minimum sheet size of 11 IN x 17 IN. 431 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID CONSTRUCTION PROGRESS SCHEDULE 01 32 16 - 3 B. Recovery Schedule: 1. When the activities on the critical path or the completion milestones appear to be 5 working days beyond the contract time, the Engineer/Owner may request and provide a Recovery Schedule demonstrating how the Contractor will recover the lost time so that the Work will be completed within the Contract Time. 2. Provide the Recovery schedule within 5 working days after requested by the Engineer/Owner. 3. Activities will be added or the durations modified to reflect the changes to the work. C. Short Interval Schedule: 1. Provide a one-week schedule each week during the Contract Time. This schedule can be reviewed at each progress meeting. a. Provide an accurate representation of the work performed the previous week and work planned for the current week. 2. Identify inspection hold points including special inspections needed before the Contractor can move forward with the work. PART 2 - PRODUCTS - (NOT USED) PART 3 - EXECUTION - (NOT USED) END OF SECTION 432 This page intentionally left blank. 433 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SUBMITTAL PROCEDURES 01 33 00 - 1 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Definition of various types of Submittals. 2. Coordination requirements for Submittals. 3. General provisions concerning Submittals. 4. Schedule of Submittals. 5. Contractor’s preparation of Submittals, including: a. Proposed “or-equals”, substitutes, and deviations from Contract requirements. b. Resubmittals. 6. Contractor’s transmittal of Submittals, including transmittal letters, transmittal and delivery method, and delivery of Samples, Closeout Submittals, and Maintenance Materials Submittals. 7. Engineer’s review, including: a. Timing. b. Meaning of Engineer’s Submittal action code(disposition) assigned. c. Delivery of Engineer’s responses on Submittals. B. Scope: 1. Contractor shall provide all labor, materials, equipment, tools, services, incidentals, and other effort necessary to furnish Shop Drawings, product data Submittals, Samples, and other Submittals in accordance with the Contract Documents. 2. This Section’s Article, “General Provisions Concerning Submittals” includes a summary of the Contract Documents’ locations of Submittals requirements. 3. Shop Drawings, product data Submittals, Samples, and other Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Engineer’s approval or acceptance, as applicable, of a Submittal does not alter or modify the Contract Documents. 4. Engineer and Owner have the right to rely on Contractor’s representations and certifications made regarding each Submittal. C. Related Requirements: Include but are not limited to: 1. Division 00- Procurement and Contracting Requirements 2. Division 01- General Requirements 3. Section 01 32 16 - Construction Progress Schedule. 1.2 REFERENCES A. References – Introduction: 1. This Article presents definitions and terminology used in this Section and throughout the Contract Documents. 2. Applicability of the Term “Submittals”: Where reference is made to Shop Drawings, product data Submittals, Samples, or other Submittals in this Section and elsewhere in the Contract Documents, the term “Submittals”, as defined in the Contract Documents, is intended. The foregoing applies regardless of whether such term is indicated with an initial capital letter, unless context of the subject provision clearly indicates otherwise. 3. Types of Submittals: a. Submittal types are classified as follows: (1) Action Submittals, (2) Informational Submittals, (3) Closeout Submittals, and (4) Maintenance Materials Submittals. b. Type of each required Submittal is indicated in the associated Specifications section. When Submittal type is not clearly indicated in the associated Specifications section, 434 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SUBMITTAL PROCEDURES 01 33 00 - 2 Submittal will be classified as indicated in this Article. Submit request for interpretation when Contractor is uncertain of required Submittal type. B. Action Submittals: 1. Action Submittals require an explicit, written approval or other appropriate action by Engineer (or other entity to whom the Submittal is required to be furnished, in accordance with the Contract Documents) before Contractor may release the associated item(s) for raw materials procurement, fabrication, production, and shipping. 2. Unless otherwise indicated in the Contract Documents, Action Submittals include the following: a. Shop Drawings. b. Product data. c. Samples. d. Testing plans for quality control activities required by the Contract Documents. e. Delegated Designs: Delegated design professional’s “instruments of service” Submittals required by the Contract Documents C. Informational Submittals: 1. Informational Submittals are so indicated in the Contract Documents. Unless otherwise indicated, Informational Submittals include certifications, evaluation reports, warranties, service agreements, construction photographs, survey data, work plans, and others. 2. Informational Submittals, when submitted in accordance with the Contract and indicating full compliance with the Contract Documents, do not require explicit response from Engineer (or other entity to whom the Submittal is to be delivered); Engineer’s (or other entity’s) acceptance thereof will be indicated in the Engineer’s Submittals log. Copy of Engineer’s Submittals log is available to Contractor upon Contractor’s written request. 3. When Informational Submittal does not indicate full compliance with the Contract Documents, Engineer (or other entity to which Submittal is to be delivered) will indicate the non-compliance in a written response to Contractor. 1.3 ADMINISTRATIVE REQUIREMENTS A. Coordination: 1. Furnish Submittals well in advance of need for the associated material or equipment, or procedure (as applicable), in the Work and with ample time necessary for delivery of materials and equipment and to implement procedures following Engineer’s approval or acceptance of the associated Submittal. 2. Work covered by a Submittal will not be included in payments by Owner until approval or acceptance (as applicable) of related Submittals has been obtained in accordance with the Contract Documents. 1.4 GENERAL PROVISIONS CONCERNING SUBMITTALS A. Locations of Requirements: 1. Requirements concerning Submittals are generally located as follows: a. General Conditions, as may be modified by the Supplementary Conditions, applicable to the Project. b. This Section, which presents general requirements for Submittals applicable to the Project. c. The “Submittals” Article of the various Specifications sections, which indicates the required Submittals for the associated Work. Furnish all Submittals required by the Contract Documents regardless of whether explicitly indicated in the associated Specifications’ “Submittals” Article. B. This Section augments and supplements the requirements of the General Conditions, as may be modified by the Supplementary Conditions, relative to Submittals. 1.5 SCHEDULE OF SUBMITTALS A. Informational Submittals: Submit the following: 435 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SUBMITTAL PROCEDURES 01 33 00 - 3 1. Schedule of Submittals: a. Timing: 1) Furnish Schedule of Submittals within time frames indicated in the General Conditions, as may be modified by the Supplementary Conditions. 2) Submit updated Schedule of Submittals with each submittal of the updated Progress Schedule. b. Content: In accordance with the General Conditions, as may be modified by the Supplementary Conditions, and this Section. Requirements for content of preliminary Schedule of Submittals and subsequent Submittals of the Schedule of Submittals are identical. Identify on Schedule of Submittals all Submittals required in the Contract Documents. Updates of Schedule of Submittals shall show scheduled dates and actual dates for completed tasks. Clearly indicate Submittals that are on the Project’s critical path. Indicate the following for each Submittal: 1) Date by which Submittal will be received by Engineer. 2) Whether Submittal will be for a substitution or “or-equal”. 3) Date by which Engineer’s response is required. Allow not less than 14 days for Engineer’s review, starting on Engineer’s actual receipt of each Submittal. Allow increased time for large or complex Submittals. 4) For Submittals for materials or equipment, date by which material or equipment must be at the Site to avoid delaying the Work and to avoid delaying the work of others (if any). c. Prepare Schedule of Submittals using same software, and in same format, specified for Progress Schedules in Section 01 32 16 - Construction Progress Schedule. d. Coordinate Schedule of Submittals with the Progress Schedule. e. Schedule of Submittals that is not compatible with the Progress Schedule, or that does not indicate Submittals on the Project’s critical path, or that places extraordinary demands on Engineer for time and resources, is unacceptable. Do not include Submittals not required by the Contract Documents. f. In preparing Schedule of Submittals: 1) Considering the nature and complexity of each Submittal, allow sufficient time for reviews and revisions. 2) Allow reasonable time for: Engineer’s review and processing of Submittals, for Submittals to be revised and resubmitted, and for returning Submittals to Contractor. 3) Identify and accordingly schedule Submittals that are expected to have long anticipated review times. 1.6 PREPARATION OF SUBMITTALS A. Prior to Submittal Preparation: 1. The General Conditions, as may be modified by the Supplementary Conditions, address Contractor’s responsibility for submitting for Owner’s acceptance identification of Subcontractors and Suppliers. Obtain Owner’s acceptance before entering into subcontracts and purchase orders for the Work. 2. Comply with the Contract Documents relative to terms and conditions of subcontracts and purchase orders for the Work. 3. Contractor’s responsibilities for the following are set forth in the General Conditions, as may be modified by the Supplementary Conditions, and as may be augmented elsewhere in the Contract Documents: a. Obtaining field measurements and dimensions. b. Determining and verifying required quantities. c. Verifying compatibility of materials. d. Apportioning the Work among Subcontractors, Suppliers, and Contractor. e. Reconciling required materials, equipment, and other Contract requirements with Contractor’s means, methods, techniques, sequences, and procedures of construction and with Contractor’s safety and protection programs and precautions incident thereto. 436 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SUBMITTAL PROCEDURES 01 33 00 - 4 f. Reviewing applicable provisions of the Contract Documents and obtaining from Engineer necessary interpretations or clarifications. B. Submittal Identification: 1. Submittal Number: Shall be a unique number assigned to each individual Submittal. Assign Submittal numbers as follows: a. First part of Submittal number shall be the applicable Specifications section number, followed by a hyphen. b. Second part of Submittal number shall be a three-digit number (sequentially numbered from 001 through 999) assigned to each separate Submittal furnished under the associated Specifications section. c. Example: Submittal number for the third Submittal furnished for Section 10 14 00 - Signage, would be “10 14 00-003”. 2. Review Cycle Number: Each resubmittal of a given Submittal shall be indicated with a lower-case letter designation: a. No letter designation for initial (first) submittal of the Submittal number. b. “a” shall indicate first resubmittal of the Submittal number. c. “b” shall indicate second resubmittal of the Submittal number. 3. Examples: Example Description Submittal Identification Submittal No. Review Cycle Initial (first) review cycle of the third Submittal furnished under Section 10 14 00 – Signage 10 14 00-003- Second review cycle (first resubmittal) of third Submittal furnished under Section 10 14 00 - Signage 10 14 00-003- a C. Electronic Documents Submittals: 1. Format: Electronic Documents Submittals shall be “portable document format” (.PDF) files unless expressly required otherwise by applicable provisions of the Contract Documents. 2. Electronic Documents Submittals must be electronically searchable when delivered to Engineer and other recipients. D. Proposed “Or-Equals”, Substitutes, and Deviations from Contract Requirements: 1. “Or-Equals”: a. Expressly and prominently indicate, “Proposed Or-Equal” on the associated Action Submittals when Submittal is for an “or-equal”. b. Submittals requesting approval of an “or-equal” but not accompanied by the required, supplemental information will be deemed incomplete by Engineer and returned to Contractor without approval. 2. Submittals with Proposed Deviations from Contract Requirements: a. When Submittal proposes deviations from requirements of the Contract Documents, the Submittal shall clearly and expressly indicate each proposed deviation. b. Also comply with this Section’s provision, in the Article below, on Contractor’s transmittal letter expressly alerting Engineer to the proposed deviations. c. Comply with requirements of the Contract regarding substitutes and “or-equals”. d. When deviation is proposed, also appropriately revise text of Contractor’s approval, from that required below in this Article. e. When Submittal includes deviations from Contract requirements and either the Submittal itself, Contractor’s transmittal letter, or both, do not comply fully with Contract requirements for indicating deviations in Submittals and giving separate written notice thereof, Engineer’s approval of such deviations will be deemed null and void unless Engineer’s written response to the Submittal has expressly acknowledged such deviation and indicated Engineer’s approval thereof. 437 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SUBMITTAL PROCEDURES 01 33 00 - 5 f. Contractor is solely responsible for delays and costs incurred due to any and all Submittals with deviations from Contract requirements that were not properly, expressly indicated and approved in accordance with the Contract Documents. Deviations not duly approved in accordance with the Contract Documents may be deemed defective Work. Contractor is solely responsible for remedying defective Work and all associated cost and time impacts. E. Contractor’s Approval of Submittals: 1. Contractor’s Review: Before transmitting Submittals to Engineer, review each Submittal to: a. Ensure proper coordination of the Work. b. Determine that each Submittal is in accordance with Contractor’s desires. c. Verify that Submittal contains sufficient information for Engineer to determine compliance with the Contract Documents. 2. Incomplete or inadequate Submittals will be returned without detailed review by Engineer. 3. Contractor’s Approval Stamp and Signature: a. Each Submittal furnished shall bear Contractor’s approval stamp (or facsimile thereof) and signature, as evidence that the Submittal has been reviewed and approved by Contractor and verified as complete and in accordance with the Contract Documents. b. Submittals without Contractor’s approval and signature (as required by the contract Documents) will be returned to Contractor without further review by Engineer and deemed incomplete. c. Engineer reserves the right to reject as incomplete Submittals where Contractor’s approval signature appears computer-generated or reproduced without the active involvement or review of Contractor’s signatory. F. Resubmittals: 1. Refer to the General Conditions, as may be modified by the Supplementary Conditions, for requirements regarding resubmitting required Submittals. 2. In addition to limits on the quantity of resubmittals, as indicated in the General Conditions, Contractor shall furnish Submittals with such completeness, accuracy, and compliance with the Contract Documents to obtain Engineer’s approval or acceptance, as applicable, without the total quantity of Submittals furnished, including all initial Submittals and all resubmittals, exceeding 125% of the number of Submittals indicated on the Schedule of Submittals initially accepted by Engineer, plus a corresponding percentage of the quantity of Submittals required by Change Orders, Work Change Directives, and Field Orders. 3. Do not increase the scope of prior review cycle of the same Submittal. 4. Indicate on Contractor’s transmittal letter how Submittal was revised from previous review cycle of the Submittal and where the revisions or corrections are located within the resubmittal. 5. Expressly address and provide response for all components previously transmitted by Engineer on prior review cycles of the subject Submittal. Where resubmittal lacks complete response to Engineer’s prior comments, Engineer may deem such resubmittal as incomplete and return it to Contractor without further review. 6. Where part of the Submittal’s prior review cycle was expressly approved or accepted, as applicable, by Engineer, do not include such items in subsequent resubmittals. 7. Indicate, “Not Yet Resolved—To Be Resubmitted at a Later Date” for any items not approved in prior review cycle of the Submittal for items not included in the subject resubmittal. Engineer reserves the right to deem incomplete Submittals “Not Approved” or “Revise and Resubmit”. Furnishing incomplete or partial resubmittals is discouraged. 8. Resubmittal of Previously Approved or Accepted Items: a. Do not resubmit on a given item previously approved or accepted, as applicable, by Engineer, without Engineer’s advance consent. Consent will be given for bona-fide unavailability of a previously approved or accepted item where Contractor has acted in good faith in a timely manner with due diligence to comply with the Contract Times. 438 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SUBMITTAL PROCEDURES 01 33 00 - 6 b. Destroy or conspicuously mark “SUPERSEDED” on all documents having previously received Engineer’s approval or acceptance, as applicable, that are superseded by a resubmittal. 1.7 TRANSMITTAL OF SUBMITTALS BY CONTRACTOR A. Contractor’s Transmittal Letters for Submittals: 1. Furnish separate transmittal letter with each Submittal. 2. When transmittal form other than this Section’s Exhibit 01 33 00-A is acceptable to Engineer, at beginning of each transmittal, include a reference heading indicating: Contractor’s name, Owner’s name, Project designation, Contract designation, transmittal number, and Submittal number (with review cycle). 3. “Or-Equals”: When the Submittal is proposing an “or-equal”, expressly so indicate on transmittal form submitted by Contractor. 4. Proposed Deviations from Contract Requirements: When the Submittal proposes deviations from requirements of the Contract Documents, transmittal letter shall specifically describe each proposed deviation. B. Submittal Delivery Method: 1. This provision presents general requirements for delivery or all Submittals unless otherwise required elsewhere in the Contract Documents. 2. Furnish Submittals to Engineer and each other entity indicated in the Contract Documents as receiving a Submittal directly from Contractor. 3. Address Submittals to Engineer as follows: HDR, to attention of Heather Nold, PE, heather.nold@hdrinc.com . C. Samples - Transmittal and Delivery: 1. Labeling and Tagging Samples: a. Securely label or tag each Sample with Submittal identification number. b. Label or tag shall not cover, conceal, or alter Sample’s appearance or features. c. Label or tag shall not be separated from the Sample. 2. Timing: Deliver required Samples concurrently with other Action Submittals required for the same element of the Work, unless other delivery time frame is indicated in the Schedule of Submittals accepted by Engineer. 3. Quantity Required: a. Where the Contract Documents require a Sample as a field mock-up, provide Sample at the Site or in the Work at location acceptable to Engineer. Provide the quantity of field mock-ups required by the contract Documents; if not otherwise shown or specified, provide one of each required field mock-up. . b. For reasonably portable Samples, deliver the quantity of Samples required in the associated Specifications. If quantity of Samples is not indicated in the associated Specifications section, deliver to Engineer not less than [three] identical Samples of each item for which Sample is required. c. Samples will not be returned to Contractor. If Contractor requires Sample(s) for Contractor’s use, so advise Engineer in writing and furnish additional copies of the Sample. Contractor is responsible for furnishing, shipping, and transporting additional Samples. 1.8 ENGINEER’S REVIEW OF SUBMITTALS A. This Article applies to review of all Submittals by Engineer or other entity to whom the Contract Documents require such Submittal be furnished. B. Timing: 1. Timing of Engineer’s review will be in accordance with the Schedule of Submittals accepted by Engineer. 2. When Submittal is delivered to Engineer on a date other than that indicated in the Schedule of Submittals accepted by Engineer, duration of Engineer’s review may differ from that 439 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SUBMITTAL PROCEDURES 01 33 00 - 7 indicated in the Schedule of Submittals, based on Engineer’s availability and resources. Engineer will make good-faith effort to furnish responses to Submittals in a timely manner. 3. Contractor is responsible for communicating to Engineer when a Submittal is on the Project’s critical path. C. Engineer’s Review: 1. Markings: a. Comments or responses marked directly on Submittal by Engineer (or other entity reviewing Submittal) will be colored red. b. Engineer may also present narrative comments on a comment sheet inserted by Engineer into the Submittal or included on Engineer’s transmittal letter for the Submittal. Such comments will be in black text. When a separate comment sheet is included by Engineer, such sheet will be clearly identified as Engineer’s comments. 2. Engineer’s review and disposition assigned to Submittal are subject to the following: a. Submittal disposition is subject to: Engineer’s comments on the Submittal; disclaimer language on Engineer’s Submittal transmittal letter; Engineer’s Submittal review stamp (when used) or equivalent (when used); and this provision. b. Engineer’s review is only for general compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, and for general compliance with the information given in the Contract Documents. c. Contractor shall be solely responsible for complying with the Contract Documents, as well as with Supplier instructions consistent with the Contract Documents, Owner’s directions, and Laws and Regulations. Contractor is solely responsible for obtaining, correlating, confirming, and correcting dimensions at the Site; quantities; information and choices pertaining to fabrication processes; means, methods, sequences, procedures, and techniques of construction; safety precautions and programs incident thereto; and for coordinating the work of all trades. d. Engineer is not responsible for resubmittals not yet furnished by Contractor or tracking Contractor’s progress on resubmittals. 3. Documents not required by the Contract Documents but nonetheless furnished by Contractor as submittals will not be reviewed by Engineer. D. Meaning of Submittal disposition Assigned by Engineer: 1. Action Submittals: a. “Approved” (Action Code A): Upon return of Submittal marked “Approved”, order, ship, or fabricate materials and equipment included in the Submittal (pending Engineer’s approval or acceptance, as applicable, of production-related qualifications statements and certifications, and required source quality control Submittals) or otherwise proceed with the Work in accordance with the Submittal and the Contract Documents. b. “Approved as Noted” (Action Code B): Upon return of Submittal marked “Approved as Noted”, order, ship, or fabricate materials and equipment included in the Submittal (pending Engineer’s approval or acceptance, as applicable, of production-related qualifications statements and certifications, and required source quality control Submittals) or otherwise proceed with the Work in accordance with the Submittal and the Contract Documents, and in accordance with Engineer’s comments and notes indicated in Engineer’s Submittal response c. “Revise and Resubmit” (Action Code C): Upon return of Submittal marked “Revise and Resubmit”, make the revisions necessary and indicated and resubmit to Engineer for approval. d. “Not Approved” (Action Code D): This disposition indicates material or equipment that cannot be approved. “Not Approved” disposition may also be applied to Submittals that are incomplete. Upon return of Submittal marked “Not Approved”, repeat initial submittal procedure utilizing approvable material or equipment, with a complete Submittal clearly indicating all information required. 2. Informational, Closeout, and Maintenance Materials Submittals: 440 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SUBMITTAL PROCEDURES 01 33 00 - 8 a. “Accepted” (Action Code F): Information included in Submittal complies with the applicable requirements of the Contract Documents and is acceptable. No further action by Contractor is required relative to such Submittal, and the Work covered by the Submittal may proceed. Materials and equipment with Submittals with this disposition may be shipped or operated, as applicable. Submittals assigned “Accepted” by Engineer (or other reviewing entity) does not indicate Engineer’s acceptance of the associated Work, which is indicated only as set forth in the General Conditions and Section 01 77 19 – Closeout Requirements. b. “Not Acceptable” (Action Code G): Submittal, or part thereof, does not indicate full compliance with applicable requirements of the Contract Documents and is not acceptable. Provide labor, materials, equipment, services, and incidentals necessary to properly and accurately revise Submittal and resubmit to indicate acceptability and compliance with the Contract Documents 3. Other: a. “Submittal Not Reviewed” (Action Code E): Documents so marked by Engineer are not required by the Contract Documents. Submittals may also be marked with this disposition when information in the document was previously reviewed and approved or accepted by Engineer, as applicable. E. Distribution of Engineer’s Responses: 1. Unless otherwise indicated in the Contract Documents, Engineer will distribute written responses (as Electronic Documents) to Submittals to the following: a. Contractor. b. Owner. c. Engineer’s file. 2. Engineer’s acceptance of Informational Submittals, Closeout Submittals, and Maintenance Materials Submittals will be recorded in Engineer’s Submittal log. Copy of Engineer’s Submittals log is available from Engineer upon written request of Owner or Contractor. If no such request is received by Engineer, Engineer will distribute copy of Engineer’s Submittals log once per month (when Submittals have been received or acted on by Engineer). Engineer may distribute copy of Engineer’s Submittals log as an Electronic Document or as handout at construction progress meetings. 3. Paper copies of Engineer’s Submittal responses will not be distributed unless otherwise required by the Contract Documents or otherwise agreed to by Engineer. 4. Contractor is responsible for forwarding Engineer’s Submittals responses to Subcontractors and Suppliers as appropriate, and for coordinating the Work of all trades. PART 2 - PRODUCTS - (NOT USED) PART 3 - EXECUTION 3.1 ATTACHMENTS A. The documents listed below, following this Section’s “End of Section” designation, are part of this Specifications Section: 1. “Exhibit 01 33 00-A – Transmittal for Submittal No. ##” (one page). END OF SECTION 441 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SUBMITTAL PROCEDURES 01 33 00 - 9 Exhibit 01 33 00-A Transmittal for Submittal No. _____-_____ Project Name: Date Received: Project Owner: Checked By: Contractor: HDR Engineering, Inc. Log Page: Address: Address: HDR No.: Spec Section: Drawing/Detail No.: Attn (Contractor): Attn (HDR): Review Cycle Date Transmitted by Contractor: Date of Engineer’s Response Transmittal: Item No. Submittal No. Description (indicate number of copies where paper copies of physical Samples are returned) Manufacturer Supplier Dwg or Data No. Engineer’s Disposition (Action Code) * 1 2 3 4 Contractor’s Remarks (insert text): Engineer’s Remarks (insert text): : * Legend for Action Code indicated above, assigned by Engineer: Action Submittal: A – Approved B – Approved as Noted C – Revise and Resubmit D – Not Approved E – Submittal Not Reviewed Informational, Closeout, or Maintenance Materials Submittal: F – Accepted (this code normally recorded in Engineer’s Submittals log). G – Not Acceptable Engineer’s Disclaimer (for Submittals that do not involve delegated design): a. Submittal action code is subject to: Engineer’s comments on the Submittal, comment sheets (if any), and this transmittal letter; disclaimer language on Engineer’s Submittal review stamp or equivalent; and Specifications Section 01 33 00 – Submittal Procedures. b. Engineer’s review is only for general compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, and for general compliance with the information given in the Contract Documents. c. Contractor shall be solely responsible for complying with the Contract Documents, as well as with Supplier instructions consistent with the Contract Documents, Owner’s directions, and Laws and Regulations. Contractor is solely responsible for obtaining, correlating, confirming, and correcting dimensions at the Site; quantities; information and choices pertaining to fabrication processes; means, methods, sequences, procedures, and techniques of construction; safety precautions and programs incident thereto; and for coordinating the work of all trades. d. Engineer is not responsible for resubmittals or tracking progress of resubmittals. Reviewed for HDR by: Date of Engineer’s Review: Distribution: Contractor File Field Owner Other 442 This page intentionally left blank. 443 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID MOBILIZATION AND DEMOBILIZATION 01 71 14 - 1 SECTION 01 71 14 MOBILIZATION AND DEMOBILIZATION GENERAL 1.01 SUMMARY A. Section Includes: 1. Construction mobilization and demobilization. B. Scope: 1. Contractor shall provide all labor, materials, equipment, tools, services, and incidentals to perform mobilization and demobilization for the Work. 2. This Section is general and does not necessarily indicate all activities required for mobilization and demobilization, which may be indicated in other parts of the Contract Documents., C. Related Requirements: Include, but are not necessarily limited to: 1. Division 00- Procurement and Contracting Requirements 2. Division 01- General Requirements 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. Where costs of mobilization and demobilization are to be included in a specific bid/pay item, such item is indicated in the Contract. 2. Where the Contract does not expressly require costs for mobilization and demobilization are to be under specific bid/pay item(s), Contractor may allocate such costs among bid/pay items as Contractor deems appropriate. 3. Where mobilization and demobilization is to be part of a larger lump sum bid/pay item, limitations on eligibility for payment of mobilization and demobilization costs are indicated in Section 01 29 73 - Schedule of Values. B. If costs for mobilization, demobilization, or both change as a result of Contract modifications, include the total cost of such changes to mobilization and demobilization in Change Proposal submitted for each associated change. Make no subsequent claim, whether via Change Proposal, Claim, or dispute, for additional compensation for mobilization, demobilization, or both. 1.03 MOBILIZATION AND DEMOBILIZATION - GENERAL A. Do not commence mobilization at the Site or other areas until: 1. The Contract is signed by both parties and is effective. 2. Required insurance documentation, performance bond, and payment bond have been submitted by Contractor and accepted by Owner, and builder’s risk insurance complying with the Contract Documents is furnished and in place, and documentation thereof accepted by the parties. 3. Conditions, if any, of Owner-issued Notice to Proceed, if any, have been complied with by the applicable party. 4. Preconstruction conference(s), including items on agenda for site mobilization matters, is completed. 5. Preconstruction photographic documentation is obtained and submitted in accordance with the Contract Documents. B. Mobilization Work includes, but is not limited to: 1. Establishing temporary controls and establishing and initial compliance with security for the Site. 2. Establishing Contractor’s staging and laydown areas 3. Establishing temporary dewateringin accordance with the Contract Documents. 444 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID MOBILIZATION AND DEMOBILIZATION 01 71 14 - 2 4. Establishing required and necessary temporary project signage. 5. Other mobilization Work required by the Contract Documents Section 01 29 73 - Schedule of Values. C. Demobilization Work includes, but is not limited to: 1. Removing from the Site and other areas Contractor’s temporary utilities, temporary facilities, temporary signage, temporary security measures; construction equipment, machinery, and tools; ,unused items of materials and equipment; and other items. 2. Final restoration and repair of damage caused by Contractor. 3. Final cleaning 4. Other demobilization Work required by the Contract Documents Section 01 29 73 - Schedule of Values. PRODUCTS (NOT USED) EXECUTION - (NOT USED) 445 DIVI SION 02 EXISTING CONDITIONS 446 This page intentionally left blank. 447 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID DEMOLITION 02 41 00 - 1 SECTION 02 41 00 DEMOLITION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Preparation for demolitions and removals. 2. General demolitions and removals. 3. Structural demolition and removals. 4. Disposal of demolition debris, materials, and equipment. B. Related Requirements: Include, but are not necessarily limited to: 1. Section 31 10 00 - Site Clearing. 2. Section 31 20 01 - Earth Moving 3. Section 31 23 05 - Excavation and Fill] 4. [Section 31 23 33 - Trenching and Backfilling 1.2 ADMINISTRATIVE REQUIREMENTS A. Coordination: 1. Review procedures under this and other Sections and coordinate the Work that will be performed with, or before, demolition and removals. 1.3 QUALITY ASSURANCE A. Regulatory Requirements: 1. Comply with requirements of authorities having jurisdiction and relevant permits, if any, required and obtained for demolition Work. a. Department of Fish, Wildlife, and Parks SPA 124 Permit b. Local Floodplain Administrator, Floodplain Permit c. U.S. Army Corps of Engineers, Section 404 Permit d. Department of Environmental Quality, 318 Authorization 1.4 SUBMITTALS A. Informational Submittals: Submit the following: 1. Procedure Submittals: a. Demolition and Removal Plan: Not less than ten days prior to starting demolition Work, submit acceptable plan for demolition and removal Work, including: 1) Plan for coordinating shut-offs, capping, and temporary services 2) General indication of intended approach for performing demolition Work, including how proposed demolition will affect Owner and others, including owners and occupants of properties at and adjacent to the Site and the public. 3) Planned demolition operating sequences, relative to their effect on Owner and others, including owners and occupants of properties at and adjacent to the Site and the public. b. Engineer’s review, comments upon, and acceptance of Contractor’s procedure Submittals for demolition are only for the limited purposes indicated in the Contract Documents. Engineer’s review, comments upon, action, or inaction concerning such Submittals, shall not, in any way, reduce or mitigate Contractor’s sole responsibility for construction means, methods, techniques, procedures, and sequences, or associated safety and protection measures. 2. Notification of Intended Demolition Start: Submit in accordance with Paragraph 3.1.A of this Section. 448 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID DEMOLITION 02 41 00 - 2 1.5 FIELD CONDITIONS A. Existing Conditions: 1. Owner and Engineer make no representation of condition or structural integrity of areas to be demolished or where removals are required by the Contract Documents. PART 2 - PRODUCTS - (NOT USED) PART 3 - EXECUTION 3.1 PREPARATION A. Notification: 1. Not less than 48 hours prior to commencing demolition or removal, advise Engineer in writing of planned start of demolition Work. Do not start removals when either Owner or Engineer furnishes reasonable objection in a timely manner. 2. Where demolition or removal has potential to affect adjacent properties, occupants, streets, or other public thoroughfare, transportation facilities, utilities, water courses, or any combination thereof, furnish required notices to owners and occupants of properties, buildings, and structures that may be affected by the demolition or removal. 3. In accordance with Laws and Regulations, and applicable permits, furnish to authorities having jurisdiction, including emergency services as necessary, appropriate notices of planned demolition and removals. 4. Submit to Engineer copies of notices of planned demolition and removals furnished to adjacent property owners, occupants, and authorities having jurisdiction. B. Protection of In-Place Conditions: 1. Perform demolition and removal Work in manner that prevents damage and injury to property, structures, occupants, the public, and facilities. Do not interfere with use of, and free and safe access to and from, buildings, structures, and properties, unless allowed by the Contract Documents or otherwise allowed in writing by Owner. 2. Closing or obstructing roads, drives, sidewalks, and passageways adjacent to the Work is not allowed unless indicated otherwise in the Contract Documents. Perform the Work with minimum interference to vehicular and pedestrian traffic. 3. Provide temporary partitions between demolition work areas and (a) areas that will be occupied during demolition and removals, and (b) areas accessible to the public or visitors. Temporary partitions shall be sufficient to adequately restrict public access during construction. Maintain temporary partitions in place until demolition and removal Work in the subject area is complete or until other work requires removal of temporary partitions. 4. Provide appropriate temporary barriers, lighting, sidewalk sheds, and other necessary protection. 5. Repair damage to facilities not subject to demolition or removal when such damage results from Contractor’s action or inaction. C. Existing Utilities: In addition to requirements of the General Conditions, as may be modified by the Supplementary Conditions, Section 01 71 33 - Protection of the Work and Property, and other Division 01 Specifications, perform the following: 1. Should unforeseen, unknown, or incorrectly shown or indicated Underground Facilities be encountered, Contractor responsibilities shall be in accordance with the General Conditions, as may be modified by the Supplementary Conditions. Cooperate with utility owners in keeping adjacent services and facilities in operation. 2. Irrigation Facilities: Before proceeding with demolition, locate and cap all potable and non- potable waterlines serving irrigation. Ensure compliance with Laws and Regulations regarding water quality. 3. Coordinate with irrigation infrastructure owners relative to demolition and removal Work. Where irrigation infrastructure owner requires that only the associated utility owner modify, 449 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID DEMOLITION 02 41 00 - 3 disconnect, cap, or any combination thereof, its associated utility service, pay the utility owner for performing such modification, disconnection, capping, or other necessary work. 4. Shutdown of utility services shall be coordinated by Contractor, assisted by Owner as required relative to contacting utility owners. D. Remediation: 1. If unanticipated Hazardous Environmental Condition is believed to be encountered during demolition and removals, comply with requirements of the General Conditions, as may be modified by the Supplementary Conditions. 3.2 DEMOLITION - GENERAL A. General, Common Requirements for Demolition and Removal Work: 1. Contractor shall provide all labor, materials, construction equipment and machinery, tools, services (including professional services when necessary), and incidentals as shown, specified and required for demolition, removals, and disposal Work. 2. The Work under this Section includes, but is not necessarily limited to: a. Demolition and removal of existing materials and equipment as shown or indicated in the Contract Documents. The Work includes demolition of gabion structures. 3. Demolition and removals indicated in other Sections shall comply with requirements of this Section. 4. Perform demolition Work as shown or indicated on the Drawings and as indicated elsewhere in the Contract Documents. 5. Pay for transporting and, as applicable, disposing of materials and equipment resulting from demolition and removals Work. 6. Locate construction equipment used for demolition Work and remove demolished materials and equipment to avoid imposing excessive loading on riverbanks and other similar areas. B. Pollution Controls: 1. Use water sprinkling, temporary enclosures, and other suitable methods to limit emissions of dust and dirt to lowest practical level. 2. Do not use water when water may create hazardous or objectionable conditions, such as icing, flooding, or pollution. 3. Clean adjacent structures, facilities, properties, and improvements of dust, dirt, and debris caused by demolition Work, in accordance with the General Conditions C. Explosives: 1. Explosives are not allowed at the Site. Do not use explosives for demolition and removal Work. 3.3 STRUCTURAL REMOVALS A. Remove structures to lines and grades shown or indicated, unless otherwise directed by Engineer. Where limits are not shown or indicated, limits shall be four inches outside item to be installed. Removals beyond limits shown or indicated shall be at Contractor’s risk and expense and such excess removals shall be reconstructed to satisfaction of Engineer without additional cost to Owner. B. Recycling and Reuse of Demolition Materials: 1. All wire mesh, and other items contained in, or upon, building or structure to be demolished, shall be removed, transported, and disposed of away from the Site, unless otherwise approved by Engineer. 2. Do not use demolished materials as fill or backfill in pipeline trenches unless contractor can demonstrate it meets proposed gradation. Material to be approved by field engineer prior to reuse. 450 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID DEMOLITION 02 41 00 - 4 C. Landscaping: Comply with Section 31 10 00 - Site Clearing. 3.4 DISPOSAL OF DEMOLITION DEBRIS A. Disposal – General: 1. Promptly remove from the Site all debris, waste, rubbish, material, and equipment resulting from demolition and removal Work. Promptly upon completion of demolition and removal Work, remove from the Site construction equipment used in demolition Work. 2. Do not sell at, or adjacent to, the Site demolition materials or removed equipment and items. If materials, equipment or debris will be sold by Contractor, remove the items from the Site and adjacent areas, and perform the sale or transaction elsewhere, in accordance with Laws and Regulations. 3. Cleaning and Removal of Debris: Comply with the General Conditions, Supplementary Conditions. END OF SECTION 451 DIVI SION 31 EARTHWORK 452 This page intentionally left blank. 453 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SITE CLEARING 31 10 00 - 1 SECTION 31 10 00 SITE CLEARING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Site clearing Work, including: a. General provisions for site clearing Work. b. Preparation for site clearing Work. c. Clearing and grubbing. d. Tree protection, selective removals, and selective trimming. e. Disposal and cleaning. f. Stripping and stockpiling of topsoil. 1.2 REFERENCES A. Terminology: 1. Terms indicated below are not defined terms indicated with initial capital letters but, when used in this Section, have the meanings indicated below: a. “Clearing and grubbing” means removing and disposing of all: (1) trees, brush, and other vegetation, logs, and similar items (“clearing”); and (2) stumps, roots, logs, rubbish, and debris on or in the soil (“grubbing”) after Clearing. Clearing and grubbing includes grinding and removing of stumps. When clearing and grubbing, topsoil stripping and stockpiling, and required demolition Work is complete, the Site will be ready for grading and other new construction. b. “Demolition” means removal, whether in whole or in part, of existing human-made construction, such as removal of buildings, structures, and building systems; site work (such as pavement, curbs, sidewalks, gutters) and the like; Underground Facilities; and other existing construction. c. “Selective removal” means removal of specific trees, shrubs, brush, and other vegetation, whether as shown or indicated in the Contract Documents or as directed at the Site by Engineer. d. “Selective trimming” means removal of selected parts of trees, shrubs, brush, and other vegetation for the purpose of either: (1) allowing installation of new construction adjacent to or through the tree, shrub, brush, or vegetation, or (2) removing damaged or unhealthy growth, to allow balance of the subject tree, shrub, brush, or vegetation to continue normal, healthy growth. e. “Site clearing” means all the Work required by this Section and related Drawings. f. “Topsoil” means existing material at the Site, visible after clearing and grubbing, to be stripped, when such material is friable, clay loam, surface soil present in depth of not less than four inches. Topsoil shall be free of subsoil, clay lumps, stones, and other objects over two-inch diameter and other objectionable material. Topsoil required for planting and landscaping Work in the Specifications of Division 32 may differ from the meaning indicated in this Section. 1.3 ADMINISTRATIVE REQUIREMENTS A. Pre-Clearing Conference: 1. Site clearing will be discussed at pre-construction meeting. 2. Location: Same as pre-construction meeting. 3. Participants: a. Required Participants: Contractor, Engineer, Field Engineer, Resident Project Representative. b. Potential Participants: Owner 454 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SITE CLEARING 31 10 00 - 2 4. Engineer will chair the conference, prepare and distribute an agenda, and prepare and distribute a record of the conference. 5. Participants shall be prepared to discuss: a. Project requirements and the Contract requirements for site clearing Work. b. Submittals required for site clearing Work. c. Schedule for site clearing Work and availability of resources. d. Locations and types of site clearing Work, with specific attention to areas of selective removals, selective trimming, and notable species. Limits of clearing and grubbing. Proposed locations for stockpiles and temporary storage of cuttings and debris. e. Environmental and other conditions at the Site. f. Growth, vegetation, and existing construction requiring protection. g. Required observations and field quality control for site clearing Work. 6. If additional information affecting site clearing Work subsequently comes to light, reconvene the conference at earliest opportunity. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 SITE CLEARING – GENERAL A. Limits of Site Clearing Work: 1. Limits of site clearing Work are shown and indicated on the Drawings. 2. Perform site clearing Work for all Work areas unless otherwise shown or indicated in the Contract Documents. Do not perform site clearing Work outside the limits of the areas required for new construction. B. General Provisions for Site Clearing: 1. Contractor shall provide all labor, materials, equipment, tools, services, and incidentals necessary and required to perform site clearing Work in accordance with the Contract Documents. 2. Perform site clearing Work to avoid creating nuisances, pollution, and preventable adverse effects on the environment. 3. Excavation required for site clearing shall comply with Section 31 23 01 - Earth Moving and Section 31 23 33 - Trenching and Backfilling. 4. Requirements of Authorities Having Jurisdiction: a. Perform site clearing Work in accordance with Laws and Regulations. b. Obtain, pay for, and comply with permits required for site clearing Work. Obtain from authorities having jurisdiction and furnish copy of each permit as a Submittal. 5. Demolition Work is indicated in Section 02 41 00 - Demolition, including removal of site improvements and Underground Facilities. 3.2 PREPARATION A. Permits and Approvals: 1. Do not commence site clearing Work until necessary permits and approvals are obtained and copies furnished to Engineer as Submittals. B. Delineation of Limits of Site Clearing Work Areas: 1. Locate and clearly flag at the Site: a. Limits of site clearing Work. b. Trees, shrubs, vegetation, and other materials to remain within limits of site clearing Work. c. Trees, shrubs, and other vegetation to be selectively trimmed. d. Trees, shrubs, and vegetation to be selectively removed. 455 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SITE CLEARING 31 10 00 - 3 e. Salvageable trees, shrubs, and vegetation (to be relocated) within limits of site clearing Work. 2. Flagging: a. Flagging shall be high-visibility type. Where necessary, provide lath or stakes driven into the ground, with flagging, to clearly delineate limits. b. Provide different-colored flagging for each type of delineation required by this Article. c. Promptly replace lost, moved, or destroyed flagging until Engineer concurs that flagging is no longer needed. 3. Review with Engineer: a. Before starting site clearing Work, other than flagging, review at the Site with Engineer. b. Make corrections as necessary. c. Vegetation not to be removed unless explicitly stated on plans or approved by Resident Project Representative. C. Protection: Establish protection of trees, shrubs, and vegetation to remain D. Temporary Erosion and Sediment Controls: 1. Provide applicable temporary erosion and sediment controls before commencing clearing and grubbing and topsoil stripping Work. 2. Continue providing temporary erosion and sediment controls as clearing and grubbing and topsoil stripping and stockpiling Work progresses into previously uncleared, ungrubbed areas of the Site. 3.3 CLEARING AND GRUBBING A. Clearing and Grubbing – General: 1. Remove and dispose of all materials constituting clearing and grubbing Work within limits shown and indicated in the Contract Documents. 2. After grubbing Work is complete, properly fill holes resulting from grubbing before commencing site grading Work. B. Trees and Shrubs Improperly Destroyed or Damaged: 1. Refer to this Section’s Article, “Tree Protection, Selective Removals, and Selective Trimming”. C. Trees and Shrubs to Remain: 1. Trees and shrubs to remain shall be protected. 3.4 DISPOSAL AND CLEANING A. Disposal – General: 1. Dispose of matter resulting from clearing and grubbing, selective removals, and selective trimming, at appropriate offsite location, unless otherwise expressly allowed by the Contract Documents or mutual agreement of Owner and Contractor. 2. Dispose of cleared, materials, rubbish, and debris, in accordance with Laws and Regulations. 3. Pay all costs associated with transporting and disposing of materials and debris resulting from site clearing Work. B. Cleaning: 1. Perform progress cleaning and other cleaning Work, and disposal of resulting materials and debris. C. Burning: 1. Burning of trees, shrubs, brush, other vegetation, and other materials at, or adjacent to, the Site, whether in-place or cut, is prohibited. 3.5 TOPSOIL STRIPPING AND STOCKPILING A. Stripping: 456 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SITE CLEARING 31 10 00 - 4 1. Before commencing topsoil stripping: a. Perform clearing and grubbing and selective removals. b. Remove grass and other vegetation that may remain following clearing and grubbing. c. Provide necessary and required temporary erosion and sediment controls. 2. Strip topsoil to depths encountered, in manner that prevents intermingling of topsoil with underlying subsoil and other objectionable material. Remove heavy growths of grass and vegetation and material below topsoil. 3. Before stockpiling, separate objectionable material from topsoil. 4. Do not strip topsoil from within drip line of trees and shrubs to remain as part of the completed Project. B. Stockpiling: 1. Construct storage piles to freely drain surface water. 2. Cover storage piles to prevent erosion. C. Reuse of Stripped Topsoil: 1. Reuse in the finish grading and landscaping Work topsoil that complies with the Contract Documents for such Work. 2. Where topsoil stripped from the Site does not comply with the Contract Documents relative to quality required for use in finish grading and landscaping Work, provide appropriate soil amendment material, properly and fully mixed into topsoil stripped from the Site, so that amended material complies with quality requirements for topsoil required for finish grading and landscaping Work. D. Disposal of Excess Topsoil: 1. Topsoil in excess of quantity required for finished Project becomes Contractor’s property when Engineer indicates finish grading and landscaping Work is complete. Properly dispose of excess topsoil offsite. Contractor may sell excess topsoil at offsite location. END OF SECTION 457 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID EARTH MOVING 31 20 01.SHORT_FORM - 1 SECTION 31 20 01.SHORT_FORM EARTH MOVING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for excavating, filling, and other earth moving Work, including: a. Field conditions. b. Soil and aggregate materials. c. Site preparation, including site clearing. d. Excavation. e. Dewatering of excavations. f. Preparation of subgrades. g. Filling and compacting. h. Rough grading. i. Disposal of excavated spoil materials. B. Related Requirements: Include, but are not necessarily limited to: 1. Section 31 22 19 - Finish Grading. 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement: 1. Contractor shall provide all labor, materials, construction equipment and machinery, tools, and incidentals required or necessary for performing all earth moving Work for the Contract, including all Work related to excavating, dewatering of excavations, preparing subgrades, providing and stockpiling materials, filling with required materials, compacting, grading, proper disposal of excess spoil materials, and all other Work required by this Section. This Section includes earth moving Work required for constructing: structures; site improvements (including pavement, sidewalks, curbs, and the like); Underground Facilities; subgrade preparation for other Work; and all other earth moving Work required by the Contract Documents and not addressed under other Specifications sections. 2. Unless expressly indicated otherwise in the Contract Documents, such as Section 01 22 00 – Measurement and Payment, the Work of this Section is included in the various lump sum and unit price bid/pay items for the Contract. 3. All Work under this Section is unclassified and covered by this Section and the associated bid/payment item(s). No separate payment will be made for removing, handling, or disposing of rock, stones, concrete (whether or not reinforced), debris, stumps, and other material, regardless of moisture content, unless such material constitutes an unforeseen Hazardous Environmental Condition and Work associated with such Hazardous Environmental Condition is not included in the Contract. 1.3 REFERENCES A. Terminology: 1. The following terms are not defined and are not indicated with initial capital letters but, when used in this Section, have the following meaning: a. “Borrow” means material required for earth work construction in excess of quantity of suitable material available from required grading, cuts, and excavations at the Site. Borrow may be necessary even though not otherwise expressly required by the Contract Documents. b. “Cohesive soil” means clay (fine grained soil), or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical or near-vertical sideslopes, and is plastic when moist. Cohesive soil is difficult to break 458 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID EARTH MOVING 31 20 01.SHORT_FORM - 2 up when dry, and exhibits significant cohesion when submerged. Cohesive soils include clayey silt, sandy clay, silty clay, clay and organic clay. c. “Cohesionless soil” means fill material that does not clump together; its grains remain separate and apart from each other. Cohesionless soils typically have a low proportion of fine (no. 200 mesh size and less) particles and may be soil material or granular material. The terms “cohesionless soils”, “cohesionless materials”, “non-cohesive soils”, and the like have the same meaning. d. “Fill” means soil material, granular material, or other material indicated in this Section required for backfilling excavations or as material for achieving required rough grading. Unless indicated otherwise in the context of a specific provision, the terms “fill” and “backfill” have the same meaning, as do derivative terms such as, “filling” and “backfilling”. When used by itself, the term “backfill” means material required for refilling an excavation. e. “Granular material” means gravel, sand, or silt, (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. The terms “granular material”, “aggregate material”, and “granular soil” have the same meaning. Detailed requirements for specific types of granular material are indicated in Article 2.1 of this Section. f. “Rock” means: igneous, metamorphic, or sedimentary rock or stone; boulders over two cubic yards in volume in open areas and boulders over one cubic yard in volume in trenches; and mass concrete; that cannot be removed using rippers and therefore requires drilling and blasting or use of large excavator-mounted pneumatic breakers. If rock is encountered during the Work, promptly furnish notice of differing subsurface condition in accordance with the General Conditions (as may be modified by the Supplementary Conditions); when necessary, Engineer will furnish requirements for rock removal via appropriate Contract modification. The following do not qualify as rock: 1) Soft, weathered or disintegrated rock that can be removed by normal excavating equipment, including bulldozers with rippers and large trackhoes with rock teeth or rock buckets. 2) Loose or previously blasted rock. 3) Broken stone in rock fills. 4) Rock or stone that falls into the excavation from outside limits of excavation shown or indicated in the Contract Documents. 5) Boulders that can be removed without drilling, blasting, or pneumatic breakers. 6) Pavements, sidewalks, and gutters of concrete, asphalt, or masonry. g. “Subgrade” means the uppermost surface of native soil material unmoved from cuts; the bottom of excavation. h. “Unclassified”, when used in referring to excavating or excavations, means excavation and disposal of all materials, of any description whatsoever, encountered in performing the Work, unless otherwise shown or indicated in the Contract Documents. B. Reference Standards: Standards referenced in this section include, but are not necessarily limited to, the following: 1. ASTM International (ASTM): a. D698 - Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3 (600 kN-m/m3)). b. D1557 - Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3)). c. D2487 - Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System). d. D3786, Standard Test Method for Bursting Strength of Textile Fabrics--Diaphragm Bursting Strength Tester Method. e. D4253 - Standard Test Methods for Maximum Index Density and Unit Weight of Soils Using a Vibratory Table. 459 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID EARTH MOVING 31 20 01.SHORT_FORM - 3 f. D4254 - Standard Test Methods for Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density. g. D4632, Standard Test Method for Grab Breaking Load and Elongation of Geotextiles. 2. Occupational Safety and Health Administration (OSHA): a. 29 CFR Part 1926.650, Safety and Health Regulations for Construction - Excavations, referred to herein as OSHA Standards. 1.4 SUBMITTALS A. Action Submittals: Submit the following: 1. Product Data: a. Borrow Soil Materials: Photograph of borrow soil materials shall be submitted to Engineer in writing. b. Aggregate: Supplier’s published description and two photograph of aggregate materials and gradation shall be submitted in writing. Photographs to be submitted include: (1) A zoomed-in view of the aggregate with a measuring tape laid out to sufficiently measure the pictured aggregates, and (2) A view of the entire aggregate stockpile. B. Informational Submittals: Submit the following: 1. Procedure Submittals: a. Excavation plan indicating: 1) Excavation Method(s): Indicate high-level methods to be used for excavating, such as use of backhoe or other earth moving construction equipment. Purpose of indicating high-level excavating methods is for Owner’s information regarding effect of excavating method on Owner’s or facility manager’s (if other than Owner) property and operations. 2) Copies of permits and approvals required for earth moving Work, obtained from authorities having jurisdiction, including owners of affected utilities and transportation facilities, for excavation methods proposed. 3) Contractor-Proposed Modifications: a) Should any Contractor-proposed modifications from Contract requirements be approved, a suitable Contract modification will be duly issued. b) If no such request is part of Contractor’s excavation plan Submittal prior to start of the Work of this Section, Engineer will proceed on the premise that Contractor-proposed modifications are not intended. b. Engineer’s acceptance of excavation plan does not, in any way, modify Contractor’s sole responsibility for complying with the Contract Documents, construction means, methods, procedures, techniques, or sequences, and safety and protection measures incident thereto. 1.5 FIELD CONDITIONS A. Existing Conditions: 1. All Work is to be completed during seasonal low flow conditions. 2. Where subsurface conditions or locations of Underground Facilities are unforeseen or differ substantively from that shown or indicated in the Contract Documents, comply with Contract requirements for giving notice and other actions. 3. Existing Structures and Underground Facilities: a. The Contract Documents show or indicate certain structures and Underground Facilities adjacent to the Work. Such information was obtained from existing records and is not guaranteed to be correct or complete. Contractor shall explore ahead of the excavation to determine the exact location of all existing structures and Underground Facilities. Existing structures and Underground Facilities shall be supported and protected from damage by Contractor. Immediately repair and restore existing structures and Underground Facilities damaged by Contractor without additional cost to Owner. b. Movement or operation of construction equipment and machinery over Underground Facilities shall be at Contractor’s sole risk. When required by owner of the Underground Facility, prepare and submit to owner of such Underground Facility, and 460 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID EARTH MOVING 31 20 01.SHORT_FORM - 4 obtain their acceptance, of Contractor’s plan presenting Contractor’s analysis of the loads to be imparted during construction (including transient loading by construction equipment, machinery, and vehicles) and Contractor’s proposed measures to protect structures and Underground Facilities during the Work. c. Acceptance of or approval by utility owner or Engineer of Contractor’s proposed evaluation and method(s) for protecting Underground Facilities in no way modifies or reduces Contractor’s sole responsibility for complying with the Contract Documents, means, methods, procedures, techniques, and sequences of construction, and the safety and protection measures incident thereto. d. Coordinate with irrigation owners for shut off of services in active piping and conduits. When required by irrigation owner, Owner will assist Contractor with utility owner notifications. Completely remove buried piping and conduits indicated for removal and not otherwise indicated as being abandoned or to remain in place. e. Do not interrupt existing utilities serving facilities occupied and used by Owner or others, except when such interruption is indicated in the Contract Documents or when allowed in writing by Engineer after acceptable temporary utility services are provided by Contractor for the affected structure or property. PART 2 - PRODUCTS 2.1 MATERIALS A. Suitable Soil Material as Non-Structural Fill: 1. Provide suitable soil material as fill for the Work, unless other material is required. 2. Material shall be: a. Free of rock larger than three inches in any dimension, debris, waste, frozen materials, organic material, and other deleterious material. 3. Previously-excavated materials complying with the Contract Documents requirements for suitable soil material may be used for suitable soil material. 4. When onsite materials are unsuitable for use as suitable soil material, provide approved borrow material as suitable soil material. Prior to using borrow material as suitable soil material, furnish product data Submittal for proposed material and obtain Engineer’s approval and acceptance (as applicable) of the proposed material. B. Pipe Bedding Material: 1. Materials: Unless otherwise expressly required in the Contract Documents, pipe bedding material shall be crushed stone and gravel, free of: rock or gravel larger than 0.5 inch in any dimension, debris, waste, frozen materials, organic material and other deleterious matter. C. Geotextile Fabric: 1. North American Green C700BN or approved equal a. Design permissible shear stress: 2.35 lbs/ft2 b. Design permissible velocity: 10.00 ft/sec c. Top netting: Woven 100% biodegradable coir fiber, minimum 143 lbs/1000 ft2 d. Fiber matrix: Coconut fiber 0.50 lbs/yd2 e. Bottom netting: Woven 100% biodegradable jute fiber, minimum 7.70 lbs/1000 ft2 f. Thread: Biodegradable g. Mass/unit area: 23.6 oz/yd2 h. Tensile strength – MD (ASTM D6818): 1271 lbs/ft i. Tensile strength – TD (ASTM D6818): 834 lbs/ft D. Rock Riffle Material 1. Furnish rock riffle material is to be rounded and meets gradation as specified on plans. 2. The rock riffle material shall be accepted based on visual analysis prior to installation. 461 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID EARTH MOVING 31 20 01.SHORT_FORM - 5 PART 3 - EXECUTION 3.1 EXAMINATION A. Verification of Conditions: 1. Provide Engineer with sufficient notice and with means to examine areas and conditions under which excavating, filling, and grading will be performed. Engineer will advise Contractor in writing when Engineer is aware of conditions that may be detrimental to proper and timely completion of the Work. Do not proceed with the Work until unsatisfactory conditions are corrected. 2. This Article, however, in no way modifies or reduces Contractor’s sole responsibility for complying with the Contract Documents, for construction means, methods, procedures, techniques, and sequences, and for the safety and protection measures incident thereto. 3. Nothing in this Article, including action by Engineer or Resident Project Representative, is for benefit of Contractor. B. Installing the Work constitutes Contractor’s approval of underlying work, subgrades, and field conditions prevailing at the time of the Work. 3.2 PREPARATION A. Site Preparation: 1. Clear only areas to be occupied by permanent construction of all trees, brush, roots, stumps, logs, rubbish, debris and other materials. 2. Burning is not allowed at the Site. B. Maintenance and Protection of Traffic: 1. Keep all streets and traffic ways open for passage of traffic and pedestrians during the Project, unless otherwise approved by owner of the street, traffic way, or right-of-way, as applicable. Construction traffic shall access the Site only via access denoted on plans. 2. Give reasonable notice to owners who may be affected by construction operations. Give such notice not less than three days prior to construction that will affect the property. 3.3 EROSION AND SEDIMENT CONTROLS DURING CONSTRUCTION A. Temporary Erosion and Sediment Controls – General: 1. Provide temporary erosion and sediment controls. 2. When applicable, also comply with requirements of the erosion and sediment control plan approved by authorities having jurisdiction and the Project’s storm water pollution prevention plan and permit, if any. 3.4 DEWATERING A. Dewatering – General: 1. Comply with Section 31 23 19 - Dewatering. 3.5 EXCAVATION A. Excavation - General: 1. Perform all excavation required to complete the Work as shown, specified, and required. Excavating Work includes removing, handling, and proper disposal of earth, sand, clay, gravel, hardpan, soft, weathered or decomposed rock, concrete and masonry (reinforced or unreinforced), pavements, rubbish, debris, stumps, and other materials, regardless of moisture content, within the excavation limits. B. Excavation Methods: 1. Traditional Excavation Methods: Excavation via traditional methods, such as backhoe, other earth moving construction equipment or machinery, or excavation using hand tools, is acceptable for all excavating Work. 2. Use of Explosives: a. Use of explosives is not allowed. 462 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID EARTH MOVING 31 20 01.SHORT_FORM - 6 C. Excavation Protection: 1. Provide excavation protection system(s) in accordance with Laws and Regulations to prevent injury to persons and property, including Underground Facilities. 2. Provide safe access to excavations, including emergency exit, and safe access for construction equipment and machinery, where applicable, in accordance with laws and Regulations. 3. Excavations in stable rock may be made with vertical sides. Under all other conditions, excavations shall be sloped and benched. 4. Maintain excavations in dry condition in accordance with “Dewatering” Article in this Section’s “Part 3 – Execution”. D. Subgrades - General: 1. Provide firm, dense, thoroughly compacted, consolidated subgrades, free of mud, muck, and other soft and unsuitable materials. Subgrades shall remain firm and intact under all construction operations. Reinforce subgrade by providing suitable soil material on subgrades that are otherwise solid but become soft or muddy on top due to construction operations. Finished elevation of stabilized subgrades shall not be above subgrade elevations shown on the Drawings. 2. If, in Engineer’s opinion, subgrade becomes soft, muddy, or both, because of construction delays, failure to dewater properly, or other cause within Contractor’s control, excavate subgrade to firm material, trim the subgrade, and backfill with suitable soil material at Contractor’s cost. 3.6 UNAUTHORIZED EXCAVATION A. Unauthorized Excavation - General: 1. Excavations outside lines and grades shown or indicated and that are not approved by Engineer (including excavations below required subgrade elevation, unless Engineer directs removal of unsuitable subgrade material), together with removing and disposing of the associated material, shall be at Contractor's cost and risk. 2. Fill unauthorized excavations with properly-compacted granular structural fill material at Contractor’s cost. 3.7 FILLING AND COMPACTING A. Filling and Compacting - General: 1. Provide fill required for the finished grades as shown and as specified in this Section. B. Fill Placed in Pipe Trenches: 1. Pipe Bedding: Pipe bedding material shall be as follows: a. Unless otherwise shown or indicated, install buried HDPE piping on not less than six- inch layer of pipe bedding stone underneath piping. b. Pipe bedding material shall be spread and the surface graded to provide a uniform and continuous support beneath piping at all points between bell holes or pipe joints. c. Install piping so that pipe barrel carries the weight of each pipe segment, rather than pipe bells or joints bearing the pipe’s weight. d. Slight disturbance of installed pipe bedding material surface during withdrawal of pipe slings or other lifting tackle is acceptable. e. After each pipe’s bedding material has been graded, and the piping has been aligned, joined in accordance with the Contract Documents, and placed in final position on bedding material, provide and compact sufficient pipe trench fill material under and around each side of pipe and back of bell or end thereof to hold piping in proper position and maintain alignment during subsequent pipe jointing and embedment operations. f. Subsequent to forming pipe joint, place additional pipe bedding material, in required lifts, to required top elevation of pipe bedding material. Ensure bedding material is properly and fully placed under pipe “haunches” for proper support of piping. Compact 463 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID EARTH MOVING 31 20 01.SHORT_FORM - 7 lifts of pipe bedding material in accordance with this Article prior to placing subsequent backfill material. 2. Placing and Compacting Pipe Trench Fill: Unless otherwise shown, placing and compacting of pipe trench fill materials shall comply with the following: a. Deposit and compact pipe trench fill material uniformly and simultaneously on each side of piping to prevent lateral displacement of piping. b. Each layer of pipe trench fill material shall be compacted by not less than two complete coverages of all portions of surface of each lift using appropriate compaction equipment or machinery. c. Method of compaction and compaction equipment and machinery used shall be appropriate for material to be compacted and shall not transmit damaging shocks to piping. 3. Place fill in trenches, below piping, below foundations, or under paved areas in horizontal uncompacted layers not exceeding 12 inches deep, and thoroughly compact each before next layer is placed. In other pipe trenches, horizontal uncompacted layers shall be six inches deep. C. Replacement of Unacceptable Excavated Materials: In cases where over-excavation to replace unacceptable soil materials is required, backfill the excavation to required subgrade with suitable soil material and thoroughly compact. Slope the sides of excavation in accordance with the maximum allowable inclinations specified for each structure location. 3.8 GRADING A. Grading - General: 1. Uniformly grade areas within limits of grading under this Section, including adjacent transition areas. 2. Smooth subgrade surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown, or between such points and existing grades. 3. Grade to prevent ponding of water. Provide grades and slopes as shown on the Drawings and to allow effective drainage to proper drainage routes. Where intended grade for effective drainage is unclear, promptly submit to Engineer request for interpretation and obtain Engineer’s interpretation or clarification before proceeding. Requirements for topsoil and finish grading are in Section 31 22 19 - Finish Grading. 3.9 DISPOSAL OF EXCAVATED SPOIL MATERIALS A. Spoil Disposal - General: 1. Contractor shall haul away excavated material that does not comply with requirements for fill, or is in excess of quantity required for fill. 2. Disposal of materials shall comply with Laws and Regulations, at no additional cost to Owner. 3.10 FIELD QUALITY CONTROL A. Site Tests and Inspections: 1. Periodic compliance tests will be made by Engineer to verify that compaction is in accordance with the Contract Documents, at no cost to Contractor. Contractor shall remove overburden above the level at which Engineer wishes to test and shall fill and re-compact the material after testing is complete. B. Defective Work: 1. Contractor shall remove unacceptable materials as necessary and replace with specified materials and provide additional compaction at Contractor’s cost until subgrades, bedding, and fill are acceptable. 2. Costs for retesting of subgrade, fill, or bedding materials that did not originally comply with the Contract Documents, including required density, shall be paid by Contractor. 464 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID EARTH MOVING 31 20 01.SHORT_FORM - 8 3.11 RESTORATION A. Restoration - General: 1. Perform finish grading, including providing topsoil, in accordance with Section 31 22 19 - Finish Grading. 2. Restore landscaping including lawn and meadow areas. in accordance with the Contract Documents including the Specifications of Division 32 - Exterior Improvements. END OF SECTION 465 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID FINISH GRADING 31 22 19 - 1 SECTION 31 22 19 FINISH GRADING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Topsoil quality and placing. 2. Finish grading. B. Related Requirements: Include, but are not necessarily limited to, the following: 1. Section 31 10 00 - Site Clearing. 2. Section 31 20 01 - Earth Moving. 3. Section 31 23 33 - Trenching and Backfilling. 4. Section 32 92 00 - Seeding, Sodding and Landscaping. 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. Perform the Work of this Section for all areas within limits of grading and all areas outside limits of grading disturbed during construction. 2. Perform the Work of this Section as part of the Lump Sum bid/pay item(s) indicated in the Contract. 1.3 SUBMITTALS A. Action Submittals: Submit the following: 1. Product Data: a. Borrow Soil Materials: Photograph of borrow soil materials shall be submitted to Engineer in writing. PART 2 - PRODUCTS 2.1 MATERIALS A. Topsoil: 1. All soil accepted as topsoil, whether obtained from onsite or offsite sources, shall comply with requirements of this Section. 2. Topsoil Source: Reuse surface soil stockpiled on Site, where possible. Verify suitability of stockpiled surface soil to produce topsoil, as specified. Clean surface soil of roots, plants, sod, stones, clay lumps, and other extraneous materials harmful to plant growth. a. Supplement acceptable onsite soil with manufactured topsoil from offsite sources, when quantities available on-Site are insufficient to complete the Work. b. When existing soil material stripped from the Site and stockpiled does not comply with requirements of this Section, such soil may be provided as topsoil when addition of amendments and fertilizers will bring such soil material into compliance with this Section’s topsoil requirements. Furnish to Engineer written advisory of Contractor’s intent to amend existing soil materials to be compliant with topsoil requirements. 3. Provide fertile, friable, natural loam, surface soil, capable of sustaining vigorous plant growth; free of any admixture of subsoil, clods of hard earth, plants or roots, sticks, stones larger than one inch diameter, or other extraneous material harmful to plant growth, in compliance with ASTM D 5268. 4. Organic Soil Amendment: Compost: Well-composted, stable, and weed-free organic matter, 5. pH range of 5.5 to 7. 6. Provide topsoil of the following characteristics: a. Required gradation: 466 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID FINISH GRADING 31 22 19 - 2 Sieve Size Percent Passing 3/4 inch mesh 100 No. 4-sieve 90 to 100 No. 200-sieve 0 to 10 PART 3 - EXECUTION 3.1 PREPARATION A. Protection of In-place Conditions: 1. Protect structures, utilities, sidewalks, pavements, and other facilities, and lawns and existing plants from damage caused by finish grading. B. Preparation – General: 1. Control erosion and sedimentation, airborne dust, and fugitive dust emissions from the Site. 2. Topsoil stripping and stockpiling requirements are indicated in Section 31 10 00 - Site Clearing and Section 31 20 01 - Earth Moving. 3. Adjust rough grading to within 0.1 foot of required elevations. Properly compact sub- grades. Rough grading shall provide for appropriate drainage in accordance with the Contract Documents. 3.2 INSTALLATION A. Installation Requirements: 1. Required Depth of Topsoil: a. For all areas requiring topsoil, including lawns and meadows, provide finished, lightly compacted, topsoil depth of not less than 4 inches. 2. Do not place topsoil when subgrade is muddy, wet or frozen enough to cause clodding. 3. Provide finished surface smooth and true to required grades, in accordance with this Article’s “Installation Tolerances” provision. Provide finished surface of topsoil equal to required finished elevations after light rolling and natural settlement. 4. Grade topsoil to a smooth, uniform surface plane with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to provide required finish grades. 5. Restore topsoil if eroded or otherwise disturbed after finish grading and before planting. 6. Topsoil Quantity Differentials: a. If quantity of required topsoil exceeds the quantity, if any, of topsoil stockpiled at the Site and available for use by Contractor, provide the additional required quantity from appropriate offsite borrow sources at no additional cost to Owner. b. When quantity of topsoil obtained from offsite borrow sources exceeds the required quantity of topsoil, remove excess from the Site, unless Owner allows such excess to be stockpiled at an appropriate location at the Site. B. Installation Tolerances: 1. Finish Grading Tolerance: ±0.1 foot from finish elevation required by the Contract Documents. Ensure adequate drainage. 3.3 PROTECTION A. Commencing immediately after topsoil installation, protect installed topsoil from erosion and damage from other causes, including personnel, vehicles, and equipment. Promptly perform seeding, and other measures to permanently stabilize soils and prevent erosion, in accordance with Section 32 92 00 - Seeding, Sodding, and Landscaping. END OF SECTION 467 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID DEWATERING 31 23 19 - 1 SECTION 31 23 19 DEWATERING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for temporary (during construction) dewatering of excavations including: a. Qualifications of Contractor’s design professional retained for designing temporary dewatering systems. b. Contractor’s additional investigations and evaluations necessary for designing temporary dewatering systems. c. Performance criteria and general provisions for temporary dewatering systems. d. Disposal of water discharged from temporary dewatering systems. e. Operation, maintenance, and removal of temporary dewatering systems. B. Related Requirements: Include, but are not necessarily limited to: 1. Section 31 23 33 - Trenching and Backfilling. 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. Dewatering of excavations is part of the Work associated with excavating and temporary control of water and water pollution. Include costs for dewatering of excavations under bid/pay items for excavating and related Work. No separate payment will be made for dewatering of excavations or temporary control of water and water pollution. 1.3 REFERENCES A. Terminology: 1. Terminology indicated below are not defined terms and are not indicated with initial capital letters, but when used in this section have the meaning indicated below: a. “Dewatering” means: Lowering of groundwater surface elevation and intercepting horizontal water seepage to prevent groundwater from entering excavations; removal of water accumulated within excavations; and conveyance of groundwater and water removed from excavations to proper discharge location. 1.4 QUALITY ASSURANCE A. Regulatory Requirements: 1. Comply with Stormwater Pollution Prevention Plan and Permit. 2. When Contractor intends to use temporary pumps equipped with gasoline- or diesel-fueled engines, obtain and comply with necessary permits and Laws and Regulations 1.5 SUBMITTALS A. Informational Submittals: Submit the following: 1. Advisory on Dewatering Approach: a. Furnish document regarding Contractor’s proposed approach for temporary dewatering of excavations, indicating the following: 1) General indication of Contractor’s overall, intended approach for temporary dewatering of excavations; for example, indicate whether a system of temporary pumps will be provided by Contractor, whether Contractor intends or proposes using existing wells and pumps for temporary dewatering of excavations, whether temporary dewatering will be accomplished only via temporary pumps placed in or adjacent to excavations, other approaches, or a combination thereof. 468 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID DEWATERING 31 23 19 - 2 2) Indication of whether Contractor or Subcontractor intends to retain services of a professional engineer or other appropriate design professional relative to temporary dewatering systems. When such individual or entity will be so retained, indicate name of entity and specific, individual design professional-in-responsible-charge, together with indication of type of license and registration and associated license and registration number and jurisdiction. If not previously furnished with Contractor’s insurance documentation, furnish evidence that such professional engineer or other appropriate design professional (as applicable) possesses professional liability insurance in accordance with the Contract Documents, including indication of whether required coverage limits have been eroded during the current policy by prior claims. 3) Contractor-proposed modifications to the permanent Work requested to accommodate temporary dewatering systems. In the event such changes are proposed, approval, if any, of such changes will be only via an appropriate Contract modification. If no such changes or modifications are requested prior to start of the Work of this Section, Engineer will proceed on the premise that Contractor-proposed modifications are not intended. 4) When existing facilities, such as existing pumps are proposed for use by Contractor, clearly indicate the specific facilities, expected start and end dates of use, anticipated level or extent of use (such as percentage of available pumping capacity), and proposed responsibility for operating and maintenance labor, parts, and costs during such use. 5) Propose locations for discharges from temporary dewatering systems, together with indication of typical anticipated rate of discharge. Also indicate intended approximate locations of aboveground conveyance piping and how Contractor will mitigate effect on Owner, facility manager, and other property owners and occupants where such piping would restrict use or access to existing facilities or property. 6) Anticipated start and end dates for temporary dewatering operations. 7) Description of how temporary dewatering systems and operations will, or may, affect Owner, facility manager (if other than Owner), and other property owners and occupants. 8) Indication of Contractor’s proposed actions regarding temporary dewatering systems after temporary dewatering operations cease; for example, when temporary wells and pumps are provided by Contractor, indicate whether such items will remain in place and, if so, how they will be prepared for abandonment by Contractor. b. Engineer’s (or Owner’s) review, comments upon, acceptance, or other appropriate action on such Submittal does not, in any way, reduce or mitigate Contractor’s sole responsibility for construction means, methods, techniques, procedures, sequences, and associated safety and protection measures. c. Do not include in such Submittal: calculations, evaluation reports, recommendations, drawings, or specifications developed, sealed, and signed by Contractor or Subcontractor or by professional engineer or other appropriate design professional retained by Contractor or Subcontractor. However, in the event of alleged or potential effect of temporary dewatering systems on facilities or property, or in the event of disagreement between the parties concerning allegedly differing subsurface or physical conditions, promptly furnish such documents to Engineer and Owner upon request. Should such request be received by Contractor, furnishing such documents to Engineer and Owner will not, in any way, reduce or mitigate Contractor’s sole responsibility for construction means, methods, techniques, procedures, sequences, or associated safety and protection measures. 1.6 FIELD CONDITIONS A. Existing Conditions: 469 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID DEWATERING 31 23 19 - 3 1. Refer to Section 31 23 33 - Trenching and Backfilling. PART 2 - PRODUCTS 2.1 MATERIALS AND EQUIPMENT FOR TEMPORARY DEWATERING SYSTEMS A. Description: 1. Provide temporary dewatering systems comprised of materials and equipment suitable for the intended purpose, service environment (including subsurface and groundwater conditions), and duration of use. 2. Contractor shall determine required capacities for elements of temporary dewatering systems necessary for compliance with requirements of this Section and other relevant provisions of the Contract Documents. 3. Provide temporary dewatering system materials and equipment in accordance with Laws and Regulations and generally accepted practices in the industry for temporary systems for dewatering of excavations. PART 3 - EXECUTION 3.1 EXAMINATION A. Verification, Evaluation, and Assessment of Existing Conditions: 1. Evaluate information and data available to Contractor regarding subsurface and physical conditions at the Site and adjacent areas relative to groundwater and temporary dewatering systems. Perform additional investigations as necessary to enable Contractor to provide appropriate temporary dewatering systems required to comply with this Section. 2. As the Work progresses, evaluate performance of temporary dewatering systems as necessary and modify temporary dewatering systems as appropriate to comply with this Section and other provisions of the Contract Documents. B. Installing the Work constitutes Contractor’s approval of field conditions prevailing at the time of the Work and condition and operability of existing materials, equipment, and systems (if any) used by Contractor for temporary dewatering. 3.2 TEMPORARY DEWATERING DURING CONSTRUCTION A. Performance Criteria: 1. Provide and maintain adequate drainage and dewatering equipment to remove and dispose of all surface water and ground water entering excavations, or other parts of the Work and work areas. Keep each excavation dry during excavation, subgrade preparation, and continually thereafter until temporary dewatering system is no longer required, in accordance with Article 3.3 of this Section. 2. Temporary dewatering systems shall depress and maintain water surface elevation so that water has no velocity through construction reach. B. Temporary Dewatering Systems - General: 1. Design, provide, operate, and maintain temporary systems for dewatering of excavations in accordance with the Contract Documents, Laws and Regulations, and prevailing practice typical in the industry. In the event of conflict between such requirements, obtain interpretation or clarification from Engineer before proceeding. 2. Temporary dewatering systems, may include the following temporary elements: pumps, Jersey barriers, and similar facilities. 3. Furnish, either at the Site or within reasonably close proximity thereto, available standby items, such as pumps, extra physical barriers, and others, should elements of operating temporary dewatering system fail. 4. Locate elements of temporary dewatering systems to allow continuous dewatering operation without interfering with the Work, and the work of other contractors (if any), to the extent practicable. 470 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID DEWATERING 31 23 19 - 4 C. Disposal of Water Removed by Dewatering System: 1. Water conveyed by temporary dewatering systems that includes oils, sediments, or Constituents of Concern that will reduce the quality of surface water downstream of the point of discharge, shall not be directly discharged. 2. Contractor’s temporary dewatering systems shall discharge to location at or adjacent to the Site acceptable to Owner and Engineer, in accordance with Laws and Regulations. 3. Convey water from excavations in closed conduits or appropriate drainage swales. Do not use trench excavations as temporary drainage ditches. 4. Dispose of water removed from excavations in a manner that does not endanger health and safety, property, the Work, and other portions of the Project. 5. Dispose of water in manner that causes no inconvenience to Owner, others involved in the Project, and adjacent and downstream property owners and occupants. 3.3 OPERATION, MAINTENANCE, AND REMOVAL OF TEMPORARY DEWATERING SYSTEMS A. Operation and Maintenance of Temporary Dewatering Systems: 1. Contractor shall operate temporary dewatering systems continuously, 24 hours per day, seven days per week, until such system is no longer necessary or required. 2. Not less than once per day, including Saturdays, Sundays, and holidays, visit and visually inspect temporary dewatering system, operating components, including pumps, instrumentation, and controls, and verify proper operation. At the same time, visually observe discharge location of temporary dewatering systems to verify operations. Establish and maintain written records of each location checked, observations made, readings and data taken or recorded (if any), and furnish copies of such records to Engineer upon request. 3. Contractor shall be responsible for condition of piping, conduits, and channels used for drainage and such piping, conduits, and channels shall be clean and free of oils, sediments, and Constituents of Concern. 4. Provide temporary electricity, temporary fuel, and other temporary facilities as necessary. 5. During construction, Contractor shall maintain all materials, equipment, and systems used for temporary dewatering regardless of whether such items were provided by Contractor or existed prior to commencement of temporary dewatering, in accordance with operating instructions and recommendations of manufacturer of the associated equipment and systems, Laws and Regulations, the Contract Documents, and practice typical in the industry. Perform routine, preventative, and troubleshooting maintenance. Where temporary dewatering system fails or becomes inoperable, immediately remedy the situation, whether by appropriate repairs or operation of standby equipment. B. Criteria for Discontinuation of Temporary Dewatering Operations: 1. Operate and maintain temporary dewatering systems until building, structure, or other facility to be constructed in the excavation is completed to a sufficient extent and has achieved structural strength and integrity sufficient for discontinuation of operation of temporary dewatering systems, and backfilling Work is reasonably complete. Facilities constructed in excavations shall be able to withstand horizontal and vertical soil and water pressures from natural groundwater prior to discontinuation of temporary dewatering. 2. Do not discontinue dewatering operations without first obtaining Engineer’s concurrence for such discontinuation. 3. Shut off dewatering system at such a rate to prevent quick upsurge of water that might weaken the subgrade. C. Removal of Temporary Dewatering Systems: 1. When temporary dewatering system is permanently deactivated, remove from the Site all elements of temporary dewatering system unless Owner (through Engineer) approves temporary dewatering system’s, or part thereof, continuing existence at the Site after final payment. 2. Restore disturbed areas in accordance with the Contract Documents. 471 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID DEWATERING 31 23 19 - 5 END OF SECTION 472 This page intentionally left blank. 473 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID ROCK RIFFLE MATERIAL 31 37 00 - 1 SECTION 31 37 00 ROCK RIFFLE MATERIAL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Rock riffle material. 2. Subgrade preparation. 3. Appurtenant Work. B. Related Requirements: Include, but are not necessarily limited to: 1. Section 31 20 01 - Earth Moving. 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. Rock riffle material work is part of the lump sum bid/pay item indicated on the Bid Form, and part of the Contract. 2. Measurement of rock riffle material Work for payment will be in accordance with relevant provisions of the Contract Documents. 3. Rock riffle material Work Includes: a. Establishing, maintaining and ultimately removing stockpiles for materials. b. Providing materials as designated in this Section and the Drawings. c. Performing surveys, testing, certifications, field verification, and other Work required for rock riffle material in accordance with this Section and elsewhere in the Contract Documents. 4. Rock riffle material Work Excludes: a. Site clearing. b. Excavating, filling, and subgrade preparation prior to rock riffle material installation. c. Temporary erosion and sediment controls. d. Restoration of disturbed areas. e. Dewatering. 5. Payment: Unit price per cubic yard for this item will be full compensation for all rock riffle material Work complete as shown, indicated, or directed by Engineer for the rock riffle material work pay limits shown and indicated. 1.3 REFERENCES A. Terminology: 1. The following terms are not defined and are not indicated with initial capital letters but, when used in this Section, have the following meaning: a. “Borrow” means rock riffle material required in excess of quantity available from appropriate sources at the Site. Borrow may be necessary even though not otherwise expressly required by the Contract Documents. No representation is made that any material existing at the Site prior to construction is suitable for use in the rock riffle material Work. b. “Rock riffle material” means materials and Work required by this Section, regardless of whether the phrase “rock riffle material” is followed by the word “Work”. c. “Subgrade” means the uppermost surface of native soil material unmoved from cuts; the material on which rock riffle material will be installed. B. Reference Standards: Standards referenced in this section include, but are not necessarily limited to, the following: 1. ASTM International (ASTM): 474 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID ROCK RIFFLE MATERIAL 31 37 00 - 2 a. D3740 - Standard Practice for Minimum Requirements for Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction. b. D6913 - Standard Test Methods for Particle-Size Distribution (Gradation) of Soils Using Sieve Analysis. c. E329 - Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection. 1.4 QUALITY ASSURANCE A. Field Samples: 1. Resident Project Representative will verify that samples meet minimum standards as outlined in the Drawings. 1.5 SUBMITTALS A. Action Submittals: Submit the following: 1. Product Data: a. Rock riffle material: Photograph of rock riffle materials shall be submitted to Engineer in writing. Certification of material’s compliance with requirements of the Contract Documents, including gradation and material quality, shall also be submitted as applicable. b. Gradation: 1) Provide gradation submittal in accordance with the “Gradation” Article in Part 2 of this Section. B. Informational Submittals: Submit the following: 1. Results of Field Surveys for Measurement for Payment: a. Submit volume of material installed on site upon completion of rock riffle material work from quarry or supplier reciepts. Submit within time limits indicated in the “Price and Payment Procedures” Article of this Section. 2. Field Quality Control Submittals: a. Submit results of testing and inspection performed in accordance with the “Field Quality Control” Article in Part 3 of this Section. b. Submit results of gradation analysis required upon delivery of material to the Site, in accordance with the “Delivery, Storage, and Handling” Article of this Section. 1.6 DELIVERY, STORAGE, AND HANDLING A. Delivery and Acceptance Requirements: 1. Rock riffle material from approved off-site sources shall be furnished together with delivery tickets, indicating Supplier’s name, Supplier’s location where material was obtained or produced, date, stockpile number. 2. Arriving loads of rock riffle material that are not reasonably similar to field Samples, based on visual observation of Engineer or Resident Project Representative, may be rejected by Engineer or Resident Project Representative. 3. Contractor may arrange, pay for, and perform gradation measurements of rock riffle material rejected by Engineer. If Contractor’s analysis proves rejected stone complies with the Contract Documents and Contractor has furnished results of such analysis to Engineer as a Submittal, then a Change Order will be issued to compensate Contractor for cost of gradation analysis. Contractor will not be eligible for a change in the Contract Times because of Engineer’s good-faith rejection of apparently non-conforming materials. 4. Representative gradation Samples shall be sufficient to demonstrate compliance with required gradation. Contractor shall use ASTM D5519 Test Method A or B to determine gradation. Sample size shall be not less than 2 times largest individual stone of required gradation, unless smaller Sample size is acceptable to Engineer. B. Storage and Handling Requirements: 475 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID ROCK RIFFLE MATERIAL 31 37 00 - 3 1. Rock riffle material stockpiles shall be not more than 12 feet high and shall be constructed and maintained so that material is stable and will not dislodge unless being moved by Contractor. 2. Material transport, handling, and installation shall not result in breakage of stones or segregation of gradation. 3. Do not drop rock riffle material stones from height greater than one foot. 4. Do not employ chutes or similar items in handling and installing rock riffle material. PART 2 - PRODUCTS 2.1 ROCK RIFFLE MATERIAL A. Description: 1. Provide rock riffle material at the locations shown or indicated on the Drawings, and as may be shown or indicated elsewhere in the Contract Documents. B. Rock Riffle Material: 1. Material: a. Shall be durable and rounded cobble material. b. Material shall be resistant to weathering. Cracks, non-mineralized defects, shale, unsound sandstone, or organic material in rock riffle materials are unacceptable. 2. Gradation: Rock riffle material gradation is included on the Drawings. Contractor to meet gradation on Drawings. The rock riffle material must be reviewed and accepted by field engineer prior to placing of rock riffle material. 2.2 SOURCE QUALITY CONTROL A. Tests and Inspections at Source of Supply: 1. Quality of rock riffle materials shall be determined at the material source. Stone with coloration or appearance dissimilar to field Samples will be rejected. 2. Approval of rock riffle materials from a particular source does not constitute approval of all material that may potentially be obtained from such source. Engineer reserves the right to reject materials from localized areas, zones, strata, and other areas when such materials are deemed by Engineer to not be representative of acceptable field Samples or appears to be defective. Nothing in this Section, however, regardless of whether Engineer exercises Engineer’s right to observe materials, the Work, or verify compliance with gradation and material quality requirements, is for Contractor’s benefit. Contractor remains fully responsible for providing the Work in accordance with the Contract Documents. PART 3 - EXECUTION 3.1 EXAMINATION A. Verification of Conditions: 1. Provide Engineer with sufficient notice and with means to examine areas and conditions under which rock riffle material Work will be performed. Engineer will advise Contractor in writing when Engineer is aware of conditions that may be detrimental to proper and timely completion of the Work. Do not proceed with the Work until unsatisfactory conditions are corrected. 2. This Article, however, in no way modifies or reduces Contractor’s sole responsibility for complying with the Contract Documents, for construction means, methods, procedures, techniques, and sequences, and for the safety and protection measures incident thereto. 3. Nothing in this Article, including action by Engineer or Resident Project Representative, is for benefit of Contractor. 476 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID ROCK RIFFLE MATERIAL 31 37 00 - 4 B. Installing the Work constitutes Contractor’s approval of underlying work, subgrades, and field conditions prevailing at the time of the Work. 3.2 PREPARATION A. Excavation and Subgrade Preparation: 1. Advise Engineer, in writing, not less than three days in advance, of date when Contractor will commence performing rock riffle material work. 2. Provide temporary erosion and sediment controls. 3. Perform excavation and filling Work, including compaction of subgrades, in accordance with Section 31 20 01 - Earth Moving. 4. Subgrade Preparation for Rock Riffle Material: a. Provide subgrade elevations shown or indicated in the Contract Documents, within the following tolerances: 1) For areas of immersion where installation location will be subjected to temporary dewatering during construction: As indicated in Section 31 20 01 - Earth Moving. b. At Contractor’s option, Contractor may increase the thickness of the rock riffle material layer provided in lieu of adding fill to subgrade. Such modifications, if any, shall be approved in advance by Engineer via issuance of a Field Order. c. Furnish to Engineer oral or written advisory that subgrade preparation is complete and allow Engineer or Resident Project Representative not less than 24 hours to visit the Site to observe subgrade conditions. Do not proceed with rock riffle installation until defects are remedied. 3.3 INSTALLATION A. Installation Requirements: 1. Comply with this Section’s “Field Quality Control” Article regarding Engineer’s observations required prior to installing subsequent layers of rock riffle Work. 2. Rock Riffle Material Installation: a. Installation Tolerances: 1) For rock riffle material installed in dry conditions: Not greater than 0.1 foot, above required top surface elevation as measured over an area of 200 square feet. No tolerance below required top surface elevation. 2) For rock riffle material installed in submerged or partially submerged conditions: Not greater than 0.1 foot, above required top surface elevation as measured over an area of 400 square feet. No tolerance below required top surface elevation. 3) Between tops of banks adjoining surface waters, installed rock riffle material shall have smooth transitions that reduce the potential for flow turbulence. b. Voids Between rock riffle material: Install rock riffle material to produce a stable, homogenous mass with a minimum of voids between adjacent pieces of rock riffle material. Rearranging individual rock riffle material may be necessary or required to obtain suitable distribution of stone sizes. Fill spaces between stones with material of suitable size. c. Install rock riffle material to full thickness in a single operation. d. Do not disturb, displace, or damage underlying material during installation of rock riffle material. 3.4 FIELD QUALITY CONTROL A. Field Tests and Inspections: 1. Compliance with required locations of rock riffle material, surface elevations of rock riffle material, and quantities of rock riffle material provided will be determined in accordance with the “Measurements Upon Completion of rock riffle Material Work” provision of this Section’s “Price and Payment Procedures” Article, and other measurements and determinations by Engineer. B. Defective Work: 477 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID ROCK RIFFLE MATERIAL 31 37 00 - 5 1. Manual manipulation or redistribution of rock riffle materials may be necessary to correct defects such as abrupt transitions, non-uniform distribution of stone sizes, isolated depressions, holes, isolated raised areas, unstable or non-interlocked stones, other surface anomalies, and other potential defects. END OF SECTION 478 This page intentionally left blank. 479 DIVI SION 32 EXTERIOR IMPROVEMENTS 480 This page intentionally left blank. 481 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID IRRIGATION SYSTEM 32 84 00 - 1 SECTION 32 84 00 IRRIGATION SYSTEM PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. System includes but not limited to piping. 2. Trenching, stockpiling excavation materials and refilling and compacting trenches. 3. Replacement of unsatisfactory materials. 4. Clean up, inspection, and tests. 5. Approval by Engineer. B. Related Specification Sections include but are not necessarily limited to: 1. Section 31 22 19 - Finish Grading. 2. Section 32 92 00 - Seeding, Sodding and Landscaping. 1.2 QUALITY ASSURANCE A. Referenced Standards: 1. Comply with NFPA 70 or code of the local agency having jurisdiction. a. If conflict occurs between these codes, the more stringent shall be adopted. 2. American National Standards Institute (ANSI). 3. ASTM International (ASTM): a. D1557, Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 feet-LBF/FT3). b. D2239, Standard Specification for Polyethylene (PE) Plastic Pipe (SIDR-PR) Based on Controlled Inside Diameter. c. D2466, Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40. d. D2609, Standard Specification for Plastic Insert Fittings for Polyethylene (PE) Plastic Pipe. e. D3350, Standard Specification for Polyethylene Plastics Pipe and Fittings Materials. 4. Occupational Safety and Health Administration (OSHA). B. Miscellaneous: 1. Special requirements: a. Tolerances: 1) Settlement of trenches is cause for removal of finish grade treatment, refilling, re- compaction, and repair of finish grade treatment. b. Coordination with other contracts: Protect, maintain, and coordinate work with work under other Specification Sections. c. Damage to other improvements: Replace or repair damage to grading, soil preparation, seeding, sodding, or planting done under other Specification Sections during work associated with installation of irrigation system at no additional cost to Owner. 1.3 DEFINITIONS A. Installer or Applicator: 1. Installer or applicator is the person actually installing or applying the product in the field at the Project site. 2. Installer and applicator are synonymous. 1.4 SUBMITTALS A. Record Drawings (As Constructed): 1. Furnish Owner with a scaled "as constructed" Drawing of the completed system. 482 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID IRRIGATION SYSTEM 32 84 00 - 2 a. This Drawing will have dimensions and locations of the following items: 1) Connection to existing water lines. 2. Processing of final pay request will not occur until as-constructed plans have been submitted, dated, and approved by the Engineer. 1.5 DELIVERY, STORAGE, AND HANDLING A. Deliver, unload, store, and handle materials, packaging, bundling, products in dry, weatherproof, waterproof condition in manner to prevent damage, breakage, deterioration, intrusion, ignition, and vandalism. 1. Deliver in original unopened packaging containers prominently displaying manufacturer name, volume, quantity, contents, instructions, and conformance to local, state, and federal law. 2. Remove and replace cracked, broken, or contaminated items or elements prematurely exposed to moisture, inclement weather, snow, ice, temperature extremes, fire, or jobsite damage. 1.6 SITE CONDITIONS A. Contact utility locators before digging 48 hours prior to start of excavation. 1. It is the responsibility of the Contractor to locate all utilities and protect them from damage. The location of any aerial or underground utilities shown are approximate and some items may not be indicated in the plans. Underground utilities, whether indicated or not, shall be located and flagged by the utilities at the request of the Contractor. The Contractor must call 811 or 1-800-424-5555 at least two (2) business days prior to digging. Only upon identification and location of all utilities shall the Contractor begin excavation in the area, and then only with extreme caution to avoid any possibility of damage to the utility facility. The Contractor shall bear the total expense of the repair or replacement of said utilities damaged by operation in connection with prosecution of the work. The Contractor shall coordinate construction efforts with the City of Bozeman and all other local utility companies pertinent to prosecution of work. PART 2 - PRODUCTS 2.1 MATERIALS A. General Piping: 1. High-density polyethylene (HDPE) pipe B. Polyethylene Pipe Fittings: 1. ADS Bell- Bell 18” Coupler Part No 1815AA or approved equal PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas and conditions under which Work of this Specification Section is to be performed. 1. Do not proceed with Work until unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Trenching: 1. Follow layout shown on Drawing where possible. 2. Dig trenches straight, support pipe continuously on bottom of trench. 3. Remove rock and organic debris from trench bottom. 3.3 INSTALLATION A. Install products in accordance with manufacturer's instructions. 483 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID IRRIGATION SYSTEM 32 84 00 - 3 B. Locate other equipment as near as possible to locations designated. 1. Deviations shall be reviewed by Consultant prior to installation. C. Flexible Plastic (Polyethylene) Pipe: Lay pipe and assemble fittings following manufacturer's recommendations. D. Backfilling 1. Materials: a. Excavated material is generally considered satisfactory for backfill purposes. b. Backfill material shall be free of rubbish, vegetable matter, frozen materials, and stones larger than 1 inch in maximum dimension. c. Do not mix subsoil with topsoil. d. Material not suitable for backfill shall be hauled away. e. The Contractor shall be responsible for providing suitable backfill if excavated material is unacceptable or not sufficient to meet backfill, compaction, and final grade requirements. 2. Do not leave trenches open for a period of more than 48 hours. a. Open excavations shall be protected in accordance with OSHA regulations. 3.4 FIELD QUALITY CONTROL A. Walk Through for Substantial Completion: 1. Arrange for Consultant's presence 48 hours in advance of walk-through. 2. Entire system shall be completely installed and operational prior to scheduling of walk- through. 3. Operate each zone in its entirety for Consultant at time of walk-through. a. Open upstream headgate if directed. B. Walk-Through for Final Completion: 1. Arrange for Consultant's presence 48 hours in advance of walk-through. 2. Operate each zone, in its entirety for Consultant at time of walk-through to ensure correction of all incomplete items. 3.5 ADJUSTMENT A. If it is determined that irrigation adjustments will provide proper and more adequate coverage, make such adjustments prior to Final Acceptance, as directed, at no additional cost to Owner. 1. Adjustments may also include changes in coupler connections or other adjustments as needed. 3.6 CLEANING A. Maintain continuous cleaning operation throughout duration of work. 1. Dispose of, off-site at no additional cost to Owner, all trash or debris generated by installation of irrigation system. END OF SECTION 484 This page intentionally left blank. 485 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SEEDING, SODDING AND LANDSCAPING 32 92 00 - 1 SECTION 32 92 00 SEEDING, SODDING AND LANDSCAPING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Seeding a. Soil preparation. b. Native grass seeding. B. Related Specification Sections include but are not necessarily limited to: 1. Division 00- Procurement and Contracting Requirements. 2. Division 01- General Requirements. 3. Section 31 22 19 - Finish Grading. 1.2 QUALITY ASSURANCE A. Referenced Standards: 1. American Nursery and Landscape Association/American National Standards Institute (ANLA/ANSI): a. Z60.1, American Standard for Nursery Stock. 2. AOAC International (AOAC). 3. ASTM International (ASTM): a. D2028, Standard Specification for Cutback Asphalt (Rapid-Curing Type). b. D5276, Standard Test Method for Drop Test of Loaded Containers by Free Fall. B. Quality Control: 1. Fertilizer: a. If Engineer determines fertilizer requires sampling and testing to verify quality, testing will be done at Contractor's expense, in accordance with current methods of the AOAC. b. Upon completion of Project, a final check of total quantities of fertilizer used will be made against total area seeded. c. If minimum rates of application have not been met, Contractor will be required to distribute additional quantities to make up minimum application specified. 1.3 SUBMITTALS A. Shop Drawings: 1. See Specification Section 01 33 00 for requirements for the mechanics and administration of the submittal process. 2. Layout drawings: a. Scaled site plan (scale 1 inch = 20 feet or equal to scale of Project site plan Drawing) on reproducible Drawing. 3. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. b. Manufacturer's installation instructions. c. Signed copies of vendor's statement for seed mixture required, stating botanical and common name, place of origin, strain, percentage of purity, percentage of germination, and amount of Pure Live Seed (PLS) per bag. d. Type of herbicide to be used during first growing season to contain annual weeds and application rate. 4. Certification that each container of seed delivered will be labeled in accordance with Federal and State Seed Laws and equals or exceeds Specification requirements. B. Informational Submittals: 486 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SEEDING, SODDING AND LANDSCAPING 32 92 00 - 2 1. See Specification Section 01 33 00 for requirements for the mechanics and administration of the submittal process. 2. Copies of invoices for fertilizer used on Project showing grade furnished, along with certification of quality and warranty. 1.4 SEQUENCING AND SCHEDULING A. Installation Schedule: 1. Show schedule of when grass areas are anticipated to be planted. 2. Indicate planting schedules in relation to schedule for irrigation system installation, finish grading and topsoiling. 3. Indicate anticipated dates Engineer will be required to review installation for initial acceptance and final acceptance. B. Pre-installation Meeting: 1. Meet with Engineer and other parties as necessary to discuss schedule and methods, unless otherwise indicated by Engineer. PART 2 - PRODUCTS 2.1 MANUFACTURERS AND SUPPLIERS A. Subject to compliance with the Contract Documents, the manufacturers and suppliers listed in the applicable Articles below are acceptable. 2.2 MATERIALS A. Seed Quality: 1. Fresh, clean, new-crop seed labeled in accordance with USDA Rules and Regulations under the Federal Seed Act in effect on date of bidding. 2. Provide seed of species, proportions, and minimum percentages of purity, germination and maximum percentage of weed seed as specified. 3. Approval of all seed for use shall be based on the accumulative total of PLS specified for each phase of work. B. Native Grass Seeding: Certified seed of locally adapted strains. 1. Grass seed mixes shall be sourced from Circle S Seed & Grains, 14990 Madison Frontage Rd., Three Forks, MT (Phone: 406-285-3269; Website: wp.circleseeds.com), or an approved supplier. 2. All grass seed shall be Grade A recent crop seed and shall be delivered to the site in sealed containers with dealer’s guaranteed analysis provided. 3. The following seed mixes shall be provided, given the condition of wetland, non-irrigated vegetation, or irrigated vegetation. 4. Wetland Pasture Mix. Broadcast seed 24 lbs/acre: Percentage of Pure Live Seed per Acre Seed Quantity Seed Type 10 Alopecurus arundinaceus / Garrison Creeping Foxtail 5 Deschampsia caespitosa / Tufted Hairgrass 30 Elymus trachycaulus / Slender Wheatgrass 40 Festuca arundinacea / Tall Fescue 5 Pascopyrum smithii / Western Wheatgrass 10 Trifolium hybridum / Alsike Clover C. Water: 1. Water free from substances harmful to grass growth. 487 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SEEDING, SODDING AND LANDSCAPING 32 92 00 - 3 2. Provide water from source approved prior to use. PART 3 - EXECUTION 3.1 SOIL PREPARATION A. General: 1. All disturbed vegetated areas shall be restored to existing conditions including wetland areas. a. This work outlines topsoil placement and seeding at designated areas on the project Drawings, including areas disturbed by construction activities, as directed by Engineer. 2. Limit preparation to areas which will be planted soon after. 3. Provide facilities to protect and safeguard all persons on or about premises. 4. Protect existing trees designated to remain. 5. Verify location and existence of all underground utilities. a. Take necessary precaution to protect existing utilities from damage due to construction activity. b. Repair all damages to utility items at sole expense. 6. Provide facilities such as protective fences and/or watchmen to protect work from vandalism. a. Contractor to be responsible for vandalism until acceptance of work in whole or in part. B. Native Grass Seeding: 1. Loosen surface to minimum depth of 4 inches. 2. Remove stones over 1 inch in any dimension, as well as sticks, roots, rubbish, and other extraneous matter. 3. Selective Herbicides: EPA registered and approved, of type recommended by manufacturer for application. 4. Prior to applying fertilizer, loosen areas to be seeded with a double disc or other suitable device if soil has become hard or compacted. 5. Correct any surface irregularities in order to prevent pockets or low areas which will allow water to stand. 6. Distribute fertilizer uniformly over areas to be seeded: a. For seeding: 200 pounds per acre 7. Incorporate fertilizer into soil at a depth of at least 2 inches by disking, harrowing, or other approved methods. 8. Remove stones or other substances from surface which will interfere with turf development or subsequent mowing operations. 3.2 INSTALLATION A. Native Grass Seeding: 1. Do not use seed which is wet, moldy, or otherwise damaged. 2. Prior to seeding, examine areas to receive grass seed for compliance with requirements and other conditions affecting performance. 3. Proceed with installation only after unsatisfactory conditions have been corrected. 4. Protect utilities and other facilities, trees, shrubs, and plantings from damage caused by planting operations. 5. Protect grade stakes set by others until directed to remove them. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and waterways. 6. Hand broadcast seed upon the soil with the mixture and rates listed above. Scarify the soil immediately prior to and following seeding to incorporate seed to a depth of ½ inch into the soil. 7. Immediately following soil scarification, lightly roll or cultipack the planted area. 488 HDR Project No. 10440142 City of Bozeman FEBRUARY 2026 East Gallatin River Bank 3 ISSUED FOR BID SEEDING, SODDING AND LANDSCAPING 32 92 00 - 4 8. Stop work when work extends beyond the most favorable planting season for the species designated, or when satisfactory results cannot be obtained because of drought, high winds, excessive moisture, or other factors. a. Resume work only when favorable conditions develop. 9. Immediately protect seeded areas against erosion by mulching. a. Spread mulch in continuous blanket using 1.5 tons per acre to a depth of 4 or 5 straws. 10. Protect seeded slopes against erosion with erosion netting or other methods as approved by Engineer. a. Protect seeded areas against traffic or other use by erecting barricades or placing warning signs. 3.3 MAINTENANCE AND REPLACEMENT A. General: 1. Begin maintenance of planted areas immediately after each portion is planted and continue until final acceptance or for a specific time period as stated below, whichever is the longer. 2. Provide and maintain temporary piping, hoses, and watering equipment as required to convey water from water sources and to keep planted areas uniformly moist as required for proper growth. 3. Protection of new materials: a. Provide barricades, coverings or other types of protection necessary to prevent damage to existing improvements indicated to remain. b. Repair and pay for all damaged items. 4. Replace unacceptable materials with materials and methods identical to the original specifications unless otherwise approved by the Engineer. END OF SECTION 489 COLUMBIA FALLSKALISPELL WHITEFISH POLSON MISSOULA LOLO HAMILTON BOZEMAN HELENA BUTTE GREAT FALLS DEER LODGE MILES CITY GLENDIVE BILLINGS HAVRE HARDIN LEWISTOWN C o n t r a c t D r a w i n g s F o r: ISSUE FOR BID I N D E X O F D R A W I N G S GENERAL 1.COVER SHEET AND SHEET INDEX 2.G001 - GENERAL NOTES AND SURVEY DATA 3.G002 - OVERALL SITE PLAN AND SURVEY CONTROL CIVIL 4.C101 - AVULSION CHANNEL PLAN AND PROFILE 5.C102 - CROSS-SECTIONS AND DETAILS 6.C103 - TYPICAL DETAILS 1 OF 3 7.C104 - TYPICAL DETAILS 2 OF 3 8.C105 - TYPICAL DETAILS 3 OF 3 9.C106 - FES DETAILS City of Bozeman, Montana City of Bozeman Project No. 10440142 Gallatin County, Montana East Gallatin River Bank 3 Restoration VICINITY MAP NOT TO SCALE LOCATION MAP NOT TO SCALE PROJECT LOCATION PROJECT LOCATION February 2026 490 SURVEY CONTROL POINT TABLE POINT NO. 1 2 3 NORTHING 541457.623 541546.969 541980.684 EASTING 1568458.124 1567782.988 1567463.084 ELEVATION 4624.35 4621.52 4616.58 DESCRIPTION CP-01 CP-02 CP-03 B 2 ISSUE DESCRIPTION PROJECT MANAGER PROJECT NUMBER 0 1"2"FILENAME SCALE SHEET DATE C D A 1 3 4 5 6 7 8 CITY OF BOZEMAN EAST GALLATIN RIVER BANK 3 RESTORATION D. MARCH 10341591 H. NOLD J. WRIGHT DESIGNER 1 DRAWN BY 0 FEB 2026 ISSUE FOR BIDc:\pwworking\west02\dms42508\00G001.dwg, 2/6/2026 12:47 PM, WRIGHT, JOELGENERAL GENERAL NOTES AND SURVEY DATA G001 00G001.dwg NONE GENERAL NOTES AND SURVEY DATA: 1.EXISTING TOPOGRAPHIC AND SURVEY INFORMATION SHOWN ON PLANS ARE BASED ON SURVEY PERFORMED BY PIONEER TECHNICAL SERVICES. 2.CONTRACTOR IS TO MAINTAIN SURVEY STATIONS AND CONTROL LOCATIONS. 3.THE CONTRACTOR SHALL APPLY FOR AND OBTAIN ALL PERMITS NECESSARY FROM APPLICABLE AGENCIES IN ORDER TO PERFORM WORK. 4.IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO LOCATE ALL UTILITIES AND PROTECT THEM FROM DAMAGE. THE LOCATION OF ANY AERIAL OR UNDERGROUND UTILITIES SHOWN ARE APPROXIMATE AND SOME ITEMS MAY NOT BE INDICATED IN THE PLANS. UNDERGROUND UTILITIES, WHETHER INDICATED OR NOT, SHALL BE LOCATED AND FLAGGED BY THE UTILITIES AT THE REQUEST OF THE CONTRACTOR. THE CONTRACTOR MUST CALL 811 OR 1-800-424-5555 AT LEAST TWO (2) BUSINESS DAYS PRIOR TO DIGGING. ONLY UPON IDENTIFICATION AND LOCATION OF ALL UTILITIES SHALL THE CONTRACTOR BEGIN EXCAVATION IN THE AREA, THEN ONLY WITH EXTREME CAUTION TO AVOID ANY POSSIBILITY OF DAMAGE TO THE UTILITY FACILITY. THE CONTRACTOR SHALL BEAR THE TOTAL EXPENSE OF THE REPAIR OR REPLACEMENT OF SAID UTILITIES DAMAGED BY OPERATION IN CONNECTION WITH PROSECUTION OF THE WORK. THE CONTRACTOR SHALL COORDINATE CONSTRUCTION EFFORTS WITH CITY OF BOZEMAN AND ALL OTHER LOCAL UTILITY COMPANIES PERTINENT TO PROSECUTION OF WORK. 5.THE CONTRACTOR SHALL HAVE ONE (1) SIGNED COPY OF THE APPROVED PLANS AND A COPY OF ANY PERMITS AND EXTENSION AGREEMENTS NEEDED FOR THE JOB, ON-SITE AT ALL TIMES. 6.THE CONTRACTOR IS RESPONSIBLE FOR THE SAFETY OF ALL PERSONNEL, ALL SITE VISITORS, AND THE GENERAL PUBLIC WHO MAY BE AFFECTED BY THE CONSTRUCTION. THIS INCLUDES BUT IS NOT LIMITED TO GENERAL AND CHANNEL EXCAVATION, SHORING, TRAFFIC CONTROL, AND SECURITY. 7.IF DURING THE CONSTRUCTION PROCESS, CONDITIONS ARE ENCOUNTERED WHICH COULD INDICATE A SITUATION THAT IS NOT IDENTIFIED IN THE PLANS OR SPECIFICATIONS, THE CONTRACTOR SHALL CONTACT THE ENGINEER IMMEDIATELY. 8.THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL LABOR AND MATERIALS NECESSARY FOR THE COMPLETION OF THE INTENDED IMPROVEMENTS SHOWN ON THESE DRAWINGS, OR DESIGNATED TO BE PROVIDED, INSTALLED, OR CONSTRUCTED, UNLESS SPECIFICALLY NOTED OTHERWISE. 9.THE CONTRACTOR SHALL BE RESPONSIBLE FOR RECORDING AS-BUILT INFORMATION ON A SET OF RECORD DRAWINGS KEPT ON THE CONSTRUCTION SITE AND AVAILABLE TO THE ENGINEER AT ALL TIMES. 10.DIMENSIONS FOR LAYOUT AND CONSTRUCTION ARE NOT TO BE SCALED FROM ANY DRAWING. IF PERTINENT DIMENSIONS ARE NOT SHOWN, CONTACT THE CONSULTANT ENGINEER FOR CLARIFICATION AND ANNOTATE THE DIMENSION ON THE AS-BUILT RECORD DRAWINGS. 11.THROUGHOUT THE INSTALLATION OF THE WOODY MATRIX, THE CONTRACTOR SHALL MIX NATURAL CHANNEL COBBLE AND TOPSOIL TO THE APPROVAL OF THE FIELD ENGINEER. PLACE A SUFFICIENT AMOUNT OF INFILL MATERIAL OVER THE WOODY MATRIX SO THAT AFTER SETTLING AND WORKING INTO THE VOIDS, THE LEVEL OF INFILL MATERIAL COMES TO THE FINISHED GRADE. 12.WILLOW CUTTINGS SHOULD BE INSTALLED AT LOWEST FLOW POSSIBLE WHILE WILLOWS ARE DORMANT. 13.THE CONTRACTOR SHALL BE RESPONSIBLE FOR SAVING AND PROTECTING ALL EXISTING TREES AND VEGETATION WHERE REMOVAL FOR CONSTRUCTION IS NOT MANDATORY. ALL TREES TO BE REMOVED OR RELOCATED WILL BE MARKED BY THE CONTRACTOR AND APPROVED BY THE OWNER PRIOR TO REMOVAL. 14.IF WOUNDING OF SAVED TREES OCCUR, A NON-TOXIC WOUND DRESSING MUST BE APPLIED IMMEDIATELY. EXCAVATORS MUST HAVE A NON-TOXIC TREE WOUND DRESSING WITH THEM ON CONSTRUCTION SITES. 15.ALL REMOVED ITEMS SHALL BECOME THE CONTRACTOR'S PROPERTY TO BE DISPOSED OF IN AN APPROVED MANNER IN ACCORDANCE WITH REGULATION BY THE OWNER AT NO ADDITIONAL EXPENSE TO THE OWNERS, UNLESS SPECIFIED WITHIN THE PLANS. NO CONCRETE, RUBBLE, OR EXTRA MATERIALS SHALL BE BACKFILLED ON SITE. 16.MATERIALS STORED ON THE SITE WHICH MIGHT CONTRIBUTE POLLUTANTS TO RUNOFF SHALL BE LOCATED IN AN ENCLOSED, COVERED, AND LOCKABLE CONTAINER. THESE MATERIALS ARE EXPECTED TO CONSIST MAINLY OF FERTILIZERS, FUELS, AND MACHINERY LUBRICANTS. 17.ALL EXISTING AND PROPOSED CONTOURS ARE LABELED IN FEET AND REFERENCE THE 1988 NORTH AMERICAN VERTICAL DATUM. ALL SLOPES ARE SHOWN AS DIAGRAMMATIC AND SHALL BE ROUNDED AT THE TOP AND BOTTOM. 18.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE CLEANUP OF THE PROJECT SITE AND SURROUNDING AREAS ON A DAILY BASIS OF ANY TRASH OR MUD ON THE SITE OR ADJACENT STREETS AS A RESULT OF CONSTRUCTION. 19.THE CONTRACTOR SHALL RESTORE ALL STAGING AND STOCKPILING AREAS TO THEIR ORIGINAL CONDITION OR BETTER THAN EXISTING UPON COMPLETION OF THE PROJECT. THE COST TO RESTORE THESE AREAS SHALL NOT BE MEASURED AND PAID FOR SEPARATELY BUT SHALL BE INCLUDED IN THE COST OF THE WORK. 20.THE CONTRACTOR SHALL MAINTAIN ALL HAUL ROUTES AND RESTORE THEM TO THEIR ORIGINAL CONDITION OR BETTER THAN EXISTING UPON COMPLETION OF USE AT NO EXPENSE TO THE OWNER. 21.ALL PAVED HAUL ROUTES SHALL BE MAINTAINED FREE OF MUD AND DEBRIS RESULTING FROM CONSTRUCTION OPERATIONS. 22.THE CONTRACTOR SHALL NOT DEVIATE FROM THE PLANS WITHOUT FIRST OBTAINING WRITTEN APPROVAL FROM THE OWNER AND THE DESIGN ENGINEER. THE CONTRACTOR SHALL CONTACT THE DESIGN ENGINEER IMMEDIATELY UPON DISCOVERY OF ANY ERRORS OR INCONSISTENCIES. 491 POINT NO. 3 CP-03 POINT NO. 2 CP-02 EAST GALLATIN RIVER CITY OF BOZEMAN WATER RECLAMATION FACILITY SPRINGHILL ROADSTAGING AREA REMOVE GABION BASKETS CONSTRUCT WOODY MATRIX EXISTING 18" HDPE PIPE AND HEADGATE (PROTECT-IN-PLACE) REPLACE APPROXIMATELY 20' SECTION OF HDPE IRRIGATION PIPE EXISTING 18" HDPE PIPE (PROTECT-IN-PLACE) GRAVEL REMOVAL AREA INSTALL 18" BELL-BELL COUPLER CONSTRUCT ROCK RIFFLE CONSTRUCT ENGINEERED LOG JAM POINT NO. 1 CP-01 SITE ACCESS LIMITS OF DISTURBANCE SITE ACCESS STAGING AREA REGULATORY FLOODWAY ZONE AE FLOODPLAIN LEGEND ENGINEERED LOG JAM WOODY MATRIX EXISTING 18" HDPE GRAVEL REMOVAL AREA ROCK RIFFLE PROPERTY LINE B 2 ISSUE DESCRIPTION PROJECT MANAGER PROJECT NUMBER 0 1"2"FILENAME SCALE SHEET DATE C D A 1 3 4 5 6 7 8 CITY OF BOZEMAN EAST GALLATIN RIVER BANK 3 RESTORATION D. MARCH 10341591 H. NOLD J. WRIGHT DESIGNER 1 DRAWN BY 0 FEB 2026 ISSUE FOR BIDc:\pwworking\west02\dms42508\00G002.dwg, 2/6/2026 12:47 PM, WRIGHT, JOELGENERAL OVERALL SITE PLAN AND SURVEY CONTROL G002 00G002.dwg 1" = 50' NOTES: 1.BACKGROUND IMAGERY REFLECTS SITE CONDITIONS AS OF 2025. REGION OF WOODY MATRIX HAS ERODED. 2.TEMPORARY WATER CONTROL STRUCTURE TO BE CONSTRUCTED OF JERSEY BARRIERS OR OTHER APPROVED METHODS SUCH THAT CONSTRUCTION IS NOT WITHIN FLOWING WATER. 3.CONTRACTOR TO INSTALL BARRIERS AND SIGNAGE TO RESTRICT PUBLIC ACCESS DURING CONSTRUCTION. CITY OF BOZEMAN ROBINSON CRAIG HOWARD RIVERSIDE GOLF CLUB 492 EAST GALLATIN RIVER BC1 02 BC1022 + 5 0 -0+2 0 0+00 0+20 0+40 0+60 0+80 1+00 1+ 2 0 1+ 4 0 1+ 6 0 1+ 8 0 2 + 0 0 2+ 2 0 2+ 4 04605460 5 460 4 4604 4606 460 6 4607 460 7 4607 4607 4608 4608 460 9 4609 ROCK RIFFLE 2 ROCK RIFFLE 1 OHWM, TYP L-1 C-1 L- 2 E C105AC102 AC102ENGINEERED LOG JAM 2 EXISTING GABION BASKETS TO BE REMOVED CONSTRUCT ENGINEERED LOG JAM DC104ENGINEERED LOG JAM 1 E C105 DC104461 0461 0 4615 4607 4608 4609 4 6 1 0 4611 461046094610460946 1 6 461746184607 4608 4610 4608 4 6 0 9460746084617 4618461046104 61 3 4 6 1 0 461 1 46 0 9 46084612461 2 4612 4612 4613CONSTRUCT WOODY MATRIX C C102 C C102 EXISTING 18" HDPE PIPE (PROTECT-IN-PLACE) REPLACE APPROXIMATELY 20' SECTION OF HDPE IRRIGATION PIPE 18" BELL-BELL COUPLER, TYP 4595 4600 4605 4610 4615 4620 4625 4595 4600 4605 4610 4615 4620 4625 -0+204606.710+004602.900+204605.410+404606.750+604606.750+804606.201+004606.031+204606.821+404608.201+604606.281+804607.822+004607.852+204607.362+404608.61ROCK RIFFLE 2 TOP OF ROCK CREST EL 4607.00 ROCK RIFFLE 1 TOP OF ROCK CREST EL 4609.80 BROKEN DOWN GABION WALL TOP OF ROCK EL 4606.10 EMBED TO EL 4604.10TOP OF ROCK EL 4603.30 EMBED TO EL 4601.30 EXISTING GROUND AVULSION CHANNEL ALIGNMENT TABLE NO. L-1 C-1 L-2 START STA. 0+00 0+98.81 1+17.79 START COORD. N 541945.581 E 1567636.272 N 541995.311 E 1567721.661 N 541993.155 E 1567739.199 END STA. 0+98.81 1+17.79 2+50.00 END COORD. N 541995.311 E 1567721.661 N 541993.155 E 1567739.199 N 541900.934 E 1567833.932 LEN. 98.81' 18.98' 132.21' RAD. NA 14.60' NA LINE/CHORD DIRECTION N59°47'02"E S82°59'35"E S45°46'12"E OHWM WOODY MATRIX ENGINEERED LOG JAM LEGEND ROCK RIFFLE EXISTING 18" HDPE PIPE B 2 ISSUE DESCRIPTION PROJECT MANAGER PROJECT NUMBER 0 1"2"FILENAME SCALE SHEET DATE C D A 1 3 4 5 6 7 8 CITY OF BOZEMAN EAST GALLATIN RIVER BANK 3 RESTORATION D. MARCH 10341591 H. NOLD J. WRIGHT DESIGNER 1 DRAWN BY 0 FEB 2026 ISSUE FOR BIDc:\pwworking\west02\dms42508\01C101.dwg, 2/6/2026 12:47 PM, WRIGHT, JOELCIVIL AVULSION CHANNEL PLAN AND PROFILE C101 01C101.dwg H: 1" = 20'; V: 1" = 5' NOTES: 1.MATCH EXISTING GRADE ADJACENT TO CONSTRUCTED RIFFLES. 2.EXCESS STREAMBED MATERIAL TO BE HAULED OFF JOBSITE. 3.LOCATIONS OF TIE INS ARE TO BE CONFIRMED BY FIELD ENGINEER. 4.TIE UPSTREAM END OF WOODY MATRIX TO EXISTING WILLOW WITHOUT DISTURBING EXISTING WILLOWS. 493 4610 4620 4610 4620 4610 4620 4610 4620 4610 4620 4610 4620 10 20 30 40 50 60 70 80 90 100 110 1" = 5' ROCK RIFFLE 1 SECTIONA C101 1" = 5' ROCK RIFFLE 2 SECTIONB C101 1" = 5' WOODY MATRIX AND POINT BAR REMOVAL SECTIONC C101 ROCK RIFFLE MATERIAL SIEVE SIZE PERCENT PASSING BY WEIGHT 1.5"15 4"50 7"80 10"100 10 1 10 1 MIN COVER 24"4"INSTALLATION NOTES: 1.INSTALL ADS BELL-BELL 18" COUPLER PART NO 1815AA AND ASSOCIATED GASKET OR APPROVED EQUAL TO CONNECT EXISTING HDPE PIPES. 2.INSPECT PIPE COUPLER AND GASKETS FOR DEBRIS OR MATERIAL. REMOVE/CLEAN MATERIAL IF NECESSARY TO SEAL COUPLER. FOLLOW MANUFACTURER RECOMMENDATIONS FOR INSTALLATION. 3.MINIMUM DEPTH OF BACKFILL IS TO BE MAINTAINED PRIOR TO ALLOWING VEHICLES TO TRAVEL OVER PIPE. 4.UNYIELDING MATERIAL OR PORTRUDING ROCK IS TO BE REMOVED 4" BELOW PIPE FINISHED GRADE PRIOR TO PLACEMENT OF PIPE BEDDING. 5.NEW HDPE PIPE MUST BE INSTALLED. HDPE PIPE MUST BE FREE FROM CRACKS, HOLES, OR DEFICIENCIES. 10 20 30 40 50 60 70 80 90 100 110 10 20 30 40 50 60 702'2'2.00:1 -2.0 0 : 1 2.00:1 -2.0 0 : 1 TYPTYPTOP OF ROCK CREST EL 4609.80 BOTTOM OF ROCK EL 4607.80 EL 4614.99 EL 4612.88 EL 4609.86 TOP OF ROCK CREST EL 4607.00 BOTTOM OF ROCK EL 4605.00 EL 4612.15 -3.00:1 0.00%-1.00:14.81% WOODY MATRIX WIDTH VARIES FES 8' WIDTH SEEDED FLOODPLAIN WIDTH VARIES APPROXIMATE ELEVATION EL 4612.00 EXISTING IRRIGATION PIPE NTS IRRIGATION PIPE SECTION VIEW2 C101 GENERAL NOTES: 1.EXISTING CONDITIONS REFLECTS CONDITIONS OF SURVEY IN FALL 2024. TERRAIN AT TIME OF CONSTRUCTION MAY VARY FROM TIME OF SURVEY. NTS ROCK RIFFLE DETAIL1 C101 5' CREST 2'79' EMBED TO EL 4604.10 EMBED TO EL 4601.30 ROCK RIFFLE 1 EMBED TO EL 4604.10 ROCK RIFFLE 2 EMBED TO EL 4601.30 18" HDPE PIPE BACKFILL 0.5" MINUS PIPE BEDDING EXISTING GROUND EXISTING GROUND EXISTING GROUND FINISHED GRADE ROCK RIFFLE MATERIAL CONSTRUCT ELJ (ELJ NOT SHOWN FOR CLARITY) 12" MIN SEE SHEET C105 B 2 ISSUE DESCRIPTION PROJECT MANAGER PROJECT NUMBER 0 1"2"FILENAME SCALE SHEET DATE C D A 1 3 4 5 6 7 8 CITY OF BOZEMAN EAST GALLATIN RIVER BANK 3 RESTORATION D. MARCH 10341591 H. NOLD J. WRIGHT DESIGNER 1 DRAWN BY 0 FEB 2026 ISSUE FOR BIDc:\pwworking\west02\dms42508\01C102.dwg, 2/6/2026 12:47 PM, WRIGHT, JOELCIVIL CROSS-SECTIONS AND DETAILS C102 01C102.dwg AS SHOWN 494 1'-0"CHANNEL STREAMBED NATIVE BACKFILL NATIVE MATERIAL BANKFULL WATER SURFACE WOODY MATRIX DETAIL SCALE: NTS C - WOOD WOOD CHANNEL STREAMBED FABRIC ENCAPSULATED SOIL (FES) LIFT EMBED WOOD AT BANK TOE A MINIMUM OF 1' IN NATIVE CHANNEL MATERIAL WILLOW CUTTINGS 1 1 2 1 FINISHED GRADE MATERIAL SCHEDULE PER LINEAR FOOT ITEM DIAMETER QUANTITY TYPE 2 1 CATEGORY 2 WOOD 6" - 12"5-6 2 CATEGORY 3 WOOD 3" - 6"2-4 3 WILLOW CUTTINGS 0.5" - 1.5"6 4 FABRIC ENCAPSULATED SOIL (FES) LIFT REFERENCE SHEET C106 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 CHANNEL BED ELEVATION PLACE CATEGORY 2 WOOD AT BED ELEVATION AND BACKFILL WITH CHANNEL STREAMBED MATERIAL INSTALL WILLOWS AT TOP OF BANK LINE AND BACKFILL WITH NATIVE MATERIAL PLACE CATEGORY 3 WOOD, BACKFILL WITH CHANNEL STREAMBED MATERIAL AND PRESS WITH BUCKET PLACE WINDROW OF CHANNEL STREAMBED MATERIAL AND PRESS WITH BUCKET TO FORM A POINT AT THE TOP OF BANK LINE RECOMMENDED VEGETATED WOOD MATRIX INSTALLATION SEQUENCE SCALE: NTS 1 - NOTES: 1.WILLOW CUTTINGS TO BE HARVESTED FROM DORMANT, LIVE ON-SITE WILLOWS. WILLOW CUTTINGS TO BE PLACED WITHIN 72 HOURS OF CUTTING. MINIMUM LENGTH IS 8'. DIAMETER BETWEEN 0.5" AND 1.5" WITH SMOOTH BARK. TRIM ALL SIDE BRANCHES SO THE CUTTING IS A SINGLE STEM. HARVEST NO MORE THAN 1/3 OF ANY INDIVIDUAL PLANT. SELECT BRANCHES THAT WILL NOT IMPAIR THE SOURCE WILLOWS HEALTH. REMOVE APICAL BUD (BUD AT TIP OF BRANCH) AND SEVERAL INCHES OFF OF THE CUTTING. SUBMERGE WILLOW FOR A MINIMUM OF 24 HOURS PRIOR TO INSTALLATION. MINIMUM OF 1/2 OF WILLOW TO BE IN THE SOIL. INSTALL AT SUCH ANGLE THAT BUTT END OF WILLOW IS BELOW WATER SURFACE ELEVATION AT TIME OF CONSTRUCTION. INSTALL 6 WILLOW STEMS PER LINEAL FOOT. 2.FABRIC ENCAPSULATED SOIL (FES) TO USE NORTH AMERICAN GREEN C700BN OR APPROVED EQUAL. WHEN NECESSARY OVERLAP FABRIC FROM UPSTREAM TO DOWN STREAM. STAKE FABRIC PER SHEET MANUFACTURER'S RECOMMENDATIONS. 3.BANKFULL ELEVATIONS ARE TO BE CONFIRMED WITH ENGINEER IN THE FIELD. 4.PLACEMENT OF WOODY MATERIAL IS TO BE DIRECTED BY ENGINEER IN THE FIELD. CATEGORY 2 WOOD IS TO BE COUNTER STABILIZED BY OTHER CATEGORY 2 WOOD PIECES AND BE PLACED PERPENDICULAR TO CHANNEL FLOW. WOODY MATERIAL IS TO BE PLACED AT A VERTICAL ANGLE BETWEEN 0-30 DEGREES TO HORIZONTAL. CATEGORY 2 WOOD IS TO BE PLACED WITH WOOD ROOT CROWN IN THE BANK. CATEGORY 2 WOOD IS TO BE EMBEDDED IN THE BANK WITH A MINIMUM 4' OF LENGTH OF MATERIAL. CATEGORY 2 WOOD IS TO EXTEND NO MORE THAN 2' INTO THE CHANNEL. REPEAT STEPS 2-4 AS NEEDED B 2 ISSUE DESCRIPTION PROJECT MANAGER PROJECT NUMBER 0 1"2"FILENAME SCALE SHEET DATE C D A 1 3 4 5 6 7 8 CITY OF BOZEMAN EAST GALLATIN RIVER BANK 3 RESTORATION D. MARCH 10341591 H. NOLD J. WRIGHT DESIGNER 1 DRAWN BY 0 FEB 2026 ISSUE FOR BIDc:\pwworking\west02\dms42508\01C103.dwg, 2/6/2026 12:47 PM, WRIGHT, JOELCIVIL TYPICAL DETAILS 1 OF 3 C103 01C103.dwg AS SHOWN 495 4610461346 13 461046114612460 8 46 0 9 4609461046114 6 1 2 4612101 102 103 104 105 106 107 108 109 110 111 112 113 ELJ STRUCTURE PILE COORDINATES PILE 101 102 103 104 105 106 107 108 109 110 111 112 113 NORTHING 541979.354 541978.527 541977.700 541976.873 541976.046 541975.220 541970.392 541969.565 541968.738 541967.911 541967.084 541966.258 541965.431 EASTING 1567884.662 1567893.624 1567902.586 1567911.548 1567920.510 1567929.472 1567883.835 1567892.797 1567901.759 1567910.721 1567919.683 1567928.645 1567937.607 MIN. PILE TIP ELEVATION 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 B 2 ISSUE DESCRIPTION PROJECT MANAGER PROJECT NUMBER 0 1"2"FILENAME SCALE SHEET DATE C D A 1 3 4 5 6 7 8 CITY OF BOZEMAN EAST GALLATIN RIVER BANK 3 RESTORATION D. MARCH 10341591 H. NOLD J. WRIGHT DESIGNER 1 DRAWN BY 0 FEB 2026 ISSUE FOR BIDc:\pwworking\west02\dms42508\01C104.dwg, 2/6/2026 12:47 PM, WRIGHT, JOELCIVIL TYPICAL DETAILS 2 OF 3 C104 01C104.dwg AS SHOWN ELJ CROSS SECTION SCALE: NTS D C101 ENGINEERED LOG JAM 1 DETAIL SCALE: 1" = 10' 1 - NOTES: ELJ STRUCTURE DESIGN CRITERIA: DESIGN FLOW RETURN INTERVAL: 100 YR DESIGN FLOW: 2490 CFS ELJ STRUCTURE DIMENSIONS AND HYDRAULIC SUMMARY: MIN TOP ELEVATION OF PILES: 4618.00 FT TOP ELEVATION OF BALLASTED WOOD: 4617.00 FT LENGTH (PARALLEL TO FLOW): 70 FT WIDTH (PERPENDICULAR TO FLOW): 18 FT ELJ STRUCTURE LOG SCHEDULE LOG TYPE LOG DESC.LOG DIA. (IN)LOG LENGTH (FT)ROOTWAD ALLOWED (Y/N)TOTAL QUANTITY TYPE I BALLASTED WOOD 18 20 Y 11 TYPE II BALLASTED WOOD 18 15 Y 5 PILE PILE 18 12 N 13 SLASH BALLASTED WOOD 3-6 15 N 15 RACKING BALLASTED WOOD 6-12 15 N 15 FLOW PROPOSED WSE 1.5-YR (633 CFS)4611.80 Ft 100-YR (2490 CFS)4613.90 Ft DIMENSION NOTES: 1.WATER SURFACE ELEVATIONS ARE ESTIMATED IMMEDIATELY UPSTREAM OF THE ELJ STRUCTURE. LOG SCHEDULE NOTES: 1.MINIMUM DIAMETER AT BREAST HEIGHT (2" MAXIMUM LOG TAPER). 2.LOG LENGTH IS TOTAL LENGTH NOT INCLUDING ROOTWAD (IF ROOTWAD IS REQUIRED). 3.ALL LARGE WOOD DIMENSIONS DO NOT INCLUDE BARK THICKNESS. 4.PLACE SLASH AND RACKING MATERIAL ADJACENT TO TYPE 1 AND TYPE II LOGS DURING CONSTRUCTION. ELJ STRUCTURE GENERAL NOTES: 1.EXCAVATION SPOILS SHALL BE STAGED ACCORDING TO THE SWPPP AND ALSO BE STOCKPILED TO ALLOW LOG LAYER PLACEMENT AND CONSTRUCTION ACCESS. 2.FINAL STRUCTURE HEIGHT TO BE ACHIEVED AS SPECIFIED REGARDLESS OF ACTUAL LOG DIAMETERS USED OR STACKING ARRANGEMENT. 3.THE CONTRACTOR SHALL FIELD VERIFY WITH THE ENGINEER ALL STRUCTURE LOCATIONS, PILE LOCATIONS, LENGTHS, WIDTHS, AND ELEVATIONS PRIOR TO EXCAVATION PRIOR TO EXCAVATION, ASSEMBLY, AND INSTALLATION OF EACH LOG. 4.LOCATIONS FOR ALL STRUCTURE PLACEMENT WILL BE STAKED BY THE CONTRACTOR TO BE APPROVED BY ENGINEER PRIOR TO START OF CONSTRUCTION. 5.EXCAVATION LIMITS SHALL BE FIELD VERIFIED BY THE ENGINEER PRIOR TO EXCAVATION COMMENCING AND PLACEMENT OF ANY LARGE WOOD. 6.WOOD PILES MAY BE INSTALLED AT AN ANGLE (UP TO 20 DEGREES). TOPS OF PILES SHALL BE CUT TO DIFFERENT HEIGHTS AT THE DIRECTION OF THE ENGINEER AND ROUGHENED SO THAT SAW CUT IS NOT VISIBLE. CONTRACTOR SHALL TAKE PRECAUTIONS TO PREVENT DAMAGE OF THE PILE DURING THE ROUGHENING PROCESS. IF THE PILE IS DAMAGED, CONTRACTOR SHALL REPLACE THE PILE AT NO COST TO THE CONTRACTING AGENCY.DDPILE TYPE II TYPE II TYPE I TYPE I LEGEND TYPE II PILE 496 4608 4609 460 9 46124610460946114611 4612 4613 461146124607 46084609 4 6 1 0 4608 46104609461146124610 4609 46114612 4613 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 ELJ STRUCTURE PILE COORDINATES PILE 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 NORTHING 542002.877 541994.146 541985.414 542012.856 542004.125 541995.393 541986.662 541977.930 541969.199 541960.467 542014.104 542005.372 541996.641 541987.909 541979.178 541970.446 EASTING 1567846.138 1567853.622 1567861.106 1567822.438 1567829.922 1567837.406 1567844.890 1567852.374 1567859.858 1567867.342 1567806.223 1567813.707 1567821.191 1567828.675 1567836.159 1567843.643 MIN. PILE TIP ELEVATION 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 ELJ STRUCTURE PILE COORDINATES PILE 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 NORTHING 541961.715 541952.983 542006.620 541997.888 541989.157 541980.425 541971.694 541962.962 541954.231 541945.499 541981.673 541972.941 541964.210 541955.478 541946.747 EASTING 1567851.127 1567858.611 1567797.491 1567804.975 1567812.459 1567819.943 1567827.427 1567834.911 1567842.395 1567849.879 1567803.728 1567811.212 1567818.696 1567826.180 1567833.664 MIN. PILE TIP ELEVATION 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 4603.50 B 2 ISSUE DESCRIPTION PROJECT MANAGER PROJECT NUMBER 0 1"2"FILENAME SCALE SHEET DATE C D A 1 3 4 5 6 7 8 CITY OF BOZEMAN EAST GALLATIN RIVER BANK 3 RESTORATION D. MARCH 10341591 H. NOLD J. WRIGHT DESIGNER 1 DRAWN BY 0 FEB 2026 ISSUE FOR BIDc:\pwworking\west02\dms42508\01C105.dwg, 2/6/2026 12:48 PM, WRIGHT, JOELCIVIL TYPICAL DETAILS 3 OF 3 C105 01C105.dwg AS SHOWN ELJ CROSS SECTION SCALE: NTS E C101 ENGINEERED LOG JAM 2 DETAIL SCALE: 1" = 10' 1 - NOTES: ELJ STRUCTURE DESIGN CRITERIA: DESIGN FLOW RETURN INTERVAL: 100 YR DESIGN FLOW: 2490 CFS ELJ STRUCTURE DIMENSIONS AND HYDRAULIC SUMMARY: MIN TOP ELEVATION OF PILES: 4617.00 FT TOP ELEVATION OF BALLASTED WOOD: 4616.00 FT LENGTH (PARALLEL TO FLOW): 80 FT WIDTH (PERPENDICULAR TO FLOW): 67 FT ELJ STRUCTURE LOG SCHEDULE LOG TYPE LOG DESC.LOG DIA. (IN)LOG LENGTH (FT)ROOTWAD ALLOWED (Y/N)TOTAL QUANTITY TYPE I BALLASTED WOOD 18 20 Y 105 TYPE II BALLASTED WOOD 18 15 Y 7 PILE PILE 18 12 N 31 SLASH BALLASTED WOOD 3-6 15 N 40 RACKING BALLASTED WOOD 6-12 15 N 40 FLOW PROPOSED WSE 1.5-YR (633 CFS)4611.70 Ft 100-YR (2490 CFS)4613.60 Ft DIMENSION NOTES: 1.WATER SURFACE ELEVATIONS ARE ESTIMATED IMMEDIATELY UPSTREAM OF THE ELJ STRUCTURE. LOG SCHEDULE NOTES: 1.MINIMUM DIAMETER AT BREAST HEIGHT (2" MAXIMUM LOG TAPER). 2.LOG LENGTH IS TOTAL LENGTH NOT INCLUDING ROOTWAD (IF ROOTWAD IS REQUIRED). 3.ALL LARGE WOOD DIMENSIONS DO NOT INCLUDE BARK THICKNESS. 4.PLACE SLASH AND RACKING MATERIAL ADJACENT TO TYPE 1 AND TYPE II LOGS DURING CONSTRUCTION. ELJ STRUCTURE GENERAL NOTES: 1.EXCAVATION SPOILS SHALL BE STAGED ACCORDING TO THE SWPPP AND ALSO BE STOCKPILED TO ALLOW LOG LAYER PLACEMENT AND CONSTRUCTION ACCESS. 2.FINAL STRUCTURE HEIGHT TO BE ACHIEVED AS SPECIFIED REGARDLESS OF ACTUAL LOG DIAMETERS USED OR STACKING ARRANGEMENT. 3.THE CONTRACTOR SHALL FIELD VERIFY WITH THE ENGINEER ALL STRUCTURE LOCATIONS, PILE LOCATIONS, LENGTHS, WIDTHS, AND ELEVATIONS PRIOR TO EXCAVATION PRIOR TO EXCAVATION, ASSEMBLY, AND INSTALLATION OF EACH LOG. 4.LOCATIONS FOR ALL STRUCTURE PLACEMENT WILL BE STAKED BY THE CONTRACTOR TO BE APPROVED BY ENGINEER PRIOR TO START OF CONSTRUCTION. 5.EXCAVATION LIMITS SHALL BE FIELD VERIFIED BY THE ENGINEER PRIOR TO EXCAVATION COMMENCING AND PLACEMENT OF ANY LARGE WOOD. 6.WOOD PILES MAY BE INSTALLED AT AN ANGLE (UP TO 20 DEGREES). TOPS OF PILES SHALL BE CUT TO DIFFERENT HEIGHTS AT THE DIRECTION OF THE ENGINEER AND ROUGHENED SO THAT SAW CUT IS NOT VISIBLE. CONTRACTOR SHALL TAKE PRECAUTIONS TO PREVENT DAMAGE OF THE PILE DURING THE ROUGHENING PROCESS. IF THE PILE IS DAMAGED, CONTRACTOR SHALL REPLACE THE PILE AT NO COST TO THE CONTRACTING AGENCY. E E PILE TYPE II TYPE II TYPE I LEGEND TYPE II PILE TYPE I ROCK RIFFLE 497 F. E. SECTION VIEW STREAM SIDE CONSTRUCTION FORM BANK SIDE D. C. B. A. WOVEN COIR FABRIC EMBEDMENT LENGTH MIN. 3 FT. 1.0 FT. MIN. NON-WOVEN COIR FABRIC EMBEDMENT LENGTH FIRST LIFT OF TOPSOIL MOISTEN FABRIC AND APPLY SEED. NATIVE FILLSUGGESTED CONSTRUCTION SEQUENCE FOR FABRIC ENCAPSULATED SOIL LIFT OUTER WOVEN COIR FABRIC (GEOTEXTILE) INNER NON-WOVEN COIR FABRIC (GEOTEXTILE) GENERAL NOTES FOR CONSTRUCTING FABRIC ENCAPSULATED SOIL LIFTS: 1. BANKS MAY BE CONSTRUCTED IN EITHER AN UPSTREAM OR DOWNSTREAM DIRECTION, AS LONG AS THE FABRIC IS OVERLAPPED IN THE PROPER DIRECTION. 2. PLACE A SERIES OF THREE OR MORE FORMS ON THE SUBGRADE SO THAT THE FORMS FOLLOW THE PROPOSED STREAM BANK ALIGNMENT (FIGURE A). BUTT THE ENDS OF THE FORMS TIGHTLY TOGETHER. 3. UNROLL THE OUTER WOVEN COIR FABRIC, PARALLEL TO THE CHANNEL AND POSITION IT SO THAT AT LEAST 3 FT. EXTENDS FOR EMBEDMENT ON THE BANK SIDE OF THE FORMS (FIG B). DRAPE THE REMAINDER OF THE FABRIC OVER THE TOP OF THE FORMS ON THE STREAM SIDE (FIG B). 4. UNROLL THE INNER NON-WOVEN COIR FABRIC, OVER THE TOP OF THE OUTER FABRIC AND POSITION IT SO THAT AT LEAST 1 FT. OF THE INNER FABRIC EXTENDS AS AN EMBEDMENT LENGTH ON THE BANK SIDE OF THE FORMS (FIG C). DRAPE THE REMAINDER OF THE FABRIC OVER THE TOP OF THE FORMS ON THE STREAM SIDE AND ALIGN THE LONG EDGES OF THE INNER AND OUTER FABRICS. STRETCH AND PULL THE FABRIC LAYERS TO REMOVE WRINKLES. 5. PLACE TOPSOIL OVER THE FABRIC ON THE BANK SIDE OF THE FORMS THEN COMPACT. MOISTEN FABRIC AND SPRINKLE SEED ON FABRIC IN AREA INDICATED IN FIGURE D. LEVEL THE TOPSOIL AND COMPACT (FIG E). 6. FOLD THE LOOSE ENDS OF THE TWO FABRIC LAYERS BACK OVER THE COMPACTED TOPSOIL MATERIAL AND STRETCH TIGHTLY TO REMOVE WRINKLES (FIG F). SECURE WITH WOODEN STAKES AT A SPACING OF 3 FT OR AS DEFINED BY MANUFACTURER. ****NOTE THAT THE TWO LAYERS OF GEOTEXTILE FABRICS SHOWN CAN BE REPLACED WITH A SINGLE GEOTEXTILE THAT COMBINES WOVEN AND NON-WOMEN PRODUCTS. CONTRACTOR SHALL GET APPROVAL OF ENGINEER PRIOR TO USE. UPSTREAM FABRIC LAYER UPSTREAM FABRIC LAYER LAPS OVER TOP SECTION A-A' SECTION B-B' DIRECTION O F F L O W FABRIC FOLD BOTH FABRIC LAYERS STAKE THROUGH 3 FT. MIN. BOTTOM FABRIC LAYER SECTION C-C' DIRECTION OF FLOW STAKE THROUGH 4 FT. MAX.OVERLAP LAPS UNERNEATH DOWNSTREAM FABRIC LAYER LAPS OVER TOP PLAN VIEW SHEET FABRIC AT ANGLE FOLDING OF CONTINUOUS CONSTRUCTION FORM A' AT TRANSITIONS B 3 DEGREES, EXCEPTMAXIMUM ANGLE A B' CONSTRUCTION FORM DIRECTION OF FLOW CONSTRUCTION FORM TO DOWNSTREAM DIRECTION.LAPPED IN AN UPSTREAM ALL FABRIC WILL BE STAKES ON 3 FT. CENTERS (TYPICAL) 18 IN. ISOMETRIC DIRECTION OF FLOW FABRIC JOINING DETAIL OVERLAP4 FT. MAX. 3 FT. MIN. PLAN VIEW DIRECTION OF FLOW FABRIC UPSTREAM BOTTOM FABRIC LAYERSTAKES THROUGH DOWNSTREAM C 3 FT. BOTH FABRIC LAYERSSTAKES THROUGH DOWNSTREAM FABRIC BYUPSTREAM FABRIC OVERLAPS 3-4 ft. C' 1. FORMS MAY BE ANGLED TO CREATE BENDS IN THE LIFTS AS NEEDED. FABRIC SHALL BE FOLDED AT EACH BEND AS SHOWN IN PLAN VIEW. NO BEND SHALL EXCEED A 3 DEGREE ANGLE, EXCEPT AT TRANSITIONS. FOLDS SHALL BE MADE IN AN UPSTREAM TO DOWNSTREAM DIRECTION. STAKE THE FOLDS AS SHOWN IN SECTION B-B'. 2. OUTER FABRIC ENDS SHALL BE JOINED BY LAPPING THE UPSTREAM PIECE OF FABRIC OVER THE DOWNSTREAM PIECE AS SHOWN IN PLAN VIEW. OVERLAPS SHALL BE A MINIMUM OF 3 FT. INNER FABRIC ENDS SHALL BE BUTTED TOGETHER, NOT OVERLAPPED. OVERLAPS SHALL BE STAGGERED FROM LIFT TO LIFT BY A MINIMUM OF 15 FT. 3. SECURE THE BANK SIDE EDGE OF THE OUTER FABRIC (WOVEN), WITH A WOODEN STAKE THROUGH THE FABRIC ON 3 FT. CENTERS (SEE PLAN VIEWS). NOTE: THE HOLES FOR STAKES SHALL NOT BE PRECUT. ALLOW THE STAKE TO BREAK THE MINIMUM NUMBER OF STRANDS AS IT IS BEING DRIVEN. DRIVE STAKES SO THAT A MAXIMUM OF 2 IN. IS LEFT EXPOSED. DOWNSTREAM FABRIC LAYER LAPS UNERNEATH FABRIC TOPSOIL GENERAL NOTES ON SECURING FABRIC FOR FES LIFT TREATMENT: SUBGRADE B 2 ISSUE DESCRIPTION PROJECT MANAGER PROJECT NUMBER 0 1"2"FILENAME SCALE SHEET DATE C D A 1 3 4 5 6 7 8 CITY OF BOZEMAN EAST GALLATIN RIVER BANK 3 RESTORATION D. MARCH 10341591 H. NOLD J. WRIGHT DESIGNER 1 DRAWN BY 0 FEB 2026 ISSUE FOR BIDc:\pwworking\west02\dms42508\01C106.dwg, 2/6/2026 12:48 PM, WRIGHT, JOELCIVIL FES DETAILS C106 01C106.dwg AS SHOWN FABRIC STAKING DETAILS SCALE: NTS A - SUGGESTED FES LIFT CONSTRUCTION SEQUENCE SCALE: NTS B - 498 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Nick Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign the Notice of Award for the North 27th Avenue - Cattail Street to Baxter Lane Improvements project, to Knife River - Belgrade, for the Total Base Bid in the amount of $5,332,520.25, and final contract documents once received. MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Notice of Award for the North 27th Avenue - Cattail Street to Baxter Lane Improvements project, to Knife River - Belgrade, for the Total Base Bid in the amount of $5,332,520.25, and final contract documents once received. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project. The project is to construct the last missing section of North 27th Avenue between Cattail Street and Baxter Lane. It includes one lane in each direction, left turn lanes, shared use paths in each direction, landscaped and irrigated medians and boulevards, water, sewer, stormwater, street lighting, a signal at the 27th/Baxter intersection and a single lane roundabout at the 27th/Cattail intersection. The roundabout includes pedestrian signals at the crosswalks. Bids for the above-referenced project were opened on March 4, 2026, with 5 bids being received. The low bid was submitted by Knife River - Belgrade in the amount of $5,332,520.25. The engineer’s estimate was $7,578,550.83. The Notice of Award, Bid Tabulation, and the Engineers award recommendation are attached. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Construction cost of $5,332,520.25 will be funded by Street Impact Fees and the Arterial and Collector District. Project SIF152 has been approved in the 2025 Biennium Budget at $11,440,000. 499 Attachments: Notice of Award.doc N. 27th Avenue Final Bid Tab - March 5 2026.pdf N 27th Avenue Contract Award Recommendation.pdf Report compiled on: March 11, 2026 500 Notice of Award – Page 1 of 1 EJCDC C-510 Prepared by the Engineers Joint Contract Documents Committee @BCL@6015FC62 Revised January 2010 Notice of Award Dated You are notified that your Bid dated March 4, 2026 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Schedule No. 1. The Contract Price of your Contract is five million three hundred and thirty two thousand five hundred and twenty and twenty five one hundredths Dollars ($5,332,520.25). 7 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 2 sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date you receive this Notice of Award. 1. Deliver to the Owner 5 fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security Bonds as specified in the Instructions to Bidders (Article 20), and General Conditions (Paragraphs 2.01 and 5.01) and Supplementary Conditions (Paragraph SC-2.01). 3. Other conditions precedent: Submit insurance certificates documenting coverage listed in the General Conditions and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award and declare your Bid security forfeited. Within fifteen days after you comply with the above conditions, Owner will return to you two fully executed counterparts of the Contract Documents. Owner By: Authorized Signature Title Copy to Engineer Project: North 27th Avenue Improvements (Baxter to Cattail) Owner: City of Bozeman Owner's Contract No.: Contract: Schedule 1 (Complete Project) Engineer's Project No.: 0417.096 Bidder: Knife River - Belgrade Bidder's Address: (send Certified Mail, Return Receipt Requested): 630 Airway Blvd Belgrade, MT 59744 501 3/5/2026 - 4:03 PM N. 27TH AVENUE EXTENSION BOZEMAN, MONTANA January 2026 Estimated Project Quantities ENGINEERS ESTIMATE KNIFE RIVER - BELGRADE CK MAY EXCAVATING SIME CONSTRUCTION, INC.DLM CONTRACTING, INC.DUNEMAN CONSTRUCTION, INC. ITEM ESTIMATED UNIT OF ESTIMATED TOTAL UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICENUMBERITEM DESCRIPTION QUANTITY MEASURE UNIT PRICE PRICE 100 Mobilization & Demobilization 1 LS $406,000.00 $406,000.00 $225,000.00 $225,000.00 $145,000.00 $145,000.00 $150,656.75 $150,656.75 $176,278.76 $176,278.76 $415,000.00 $415,000.00 101 Taxes, Bonds, & Insurance 1 LS $203,000.00 $203,000.00 $63,550.00 $63,550.00 $17,000.00 $17,000.00 $107,483.00 $107,483.00 $280,000.00 $280,000.00 $93,000.00 $93,000.00 102 Construction Traffic Control 1 LS $203,000.00 $203,000.00 $325,000.00 $325,000.00 $55,000.00 $55,000.00 $18,000.00 $18,000.00 $35,000.00 $35,000.00 $110,000.00 $110,000.00 103 Miscellaneous Work 200,000 UNIT $1.00 $200,000.00 $1.00 $200,000.00 $1.00 $200,000.00 $1.00 $200,000.00 $1.00 $200,000.00 $1.00 $200,000.00 104 Furnish, Erect, & Maintain Erosion Control BMP's 1 LS $55,000.00 $55,000.00 $121,000.00 $121,000.00 $19,000.00 $19,000.00 $53,083.00 $53,083.00 $25,000.00 $25,000.00 $77,000.00 $77,000.00 105 Remove Existing Street and Traffic Control Signs 26 EA $300.00 $7,800.00 $270.00 $7,020.00 $145.00 $3,770.00 $180.00 $4,680.00 $100.00 $2,600.00 $400.00 $10,400.00 106 Remove Existing Concrete Flatwork 12,872 SF $4.25 $54,706.00 $2.50 $32,180.00 $1.50 $19,308.00 $2.75 $35,398.00 $7.00 $90,104.00 $2.50 $32,180.00 107 Remove Existing Concrete Curb & Gutter 2,470 LF $10.00 $24,700.00 $5.00 $12,350.00 $5.25 $12,967.50 $7.80 $19,266.00 $3.50 $8,645.00 $10.00 $24,700.00 108 Relocate Existing Mailbox 8 EA $525.00 $4,200.00 $675.00 $5,400.00 $380.00 $3,040.00 $175.00 $1,400.00 $1,500.00 $12,000.00 $600.00 $4,800.00 109 Remove Existing Bollards 6 EA $250.00 $1,500.00 $64.00 $384.00 $35.00 $210.00 $180.00 $1,080.00 $50.00 $300.00 $200.00 $1,200.00 110 Remove Existing Fence 1,162 LF $25.00 $29,050.00 $4.00 $4,648.00 $2.00 $2,324.00 $2.00 $2,324.00 $6.50 $7,553.00 $4.00 $4,648.00 111 Remove Existing Culvert 36 LF $50.00 $1,800.00 $28.00 $1,008.00 $30.00 $1,080.00 $38.50 $1,386.00 $26.00 $936.00 $35.00 $1,260.00 112 Remove Existing Pavement Marking 1 LS $10,000.00 $10,000.00 $7,600.00 $7,600.00 $6,750.00 $6,750.00 $5,918.00 $5,918.00 $7,875.00 $7,875.00 $9,000.00 $9,000.00 113 Adjust Existing Inlet to grade 1 EA $525.00 $525.00 $250.00 $250.00 $335.00 $335.00 $2,150.00 $2,150.00 $1,050.00 $1,050.00 $1,400.00 $1,400.00 114 Adjust Existing Valve Box to Grade 14 EA $525.00 $7,350.00 $475.00 $6,650.00 $100.00 $1,400.00 $1,147.00 $16,058.00 $250.00 $3,500.00 $500.00 $7,000.00 115 Adjust Existing Fire Hydrant to Grade 2 EA $3,000.00 $6,000.00 $1,400.00 $2,800.00 $1,500.00 $3,000.00 $3,266.00 $6,532.00 $4,000.00 $8,000.00 $4,200.00 $8,400.00 116 Adjust Existing Handhole to Grade 2 EA $2,000.00 $4,000.00 $510.00 $1,020.00 $300.00 $600.00 $2,250.00 $4,500.00 $400.00 $800.00 $700.00 $1,400.00 117 Excavation Above Subgrade 29,926 CY $35.00 $1,047,392.83 $12.00 $359,112.00 $16.00 $478,816.00 $13.50 $404,001.00 $23.00 $688,298.00 $17.00 $508,742.00 118 Embankment 1,066 CY $36.00 $38,376.00 $6.00 $6,396.00 $4.85 $5,170.10 $4.10 $4,370.60 $37.00 $39,442.00 $40.50 $43,173.00 119 Subexcavation 2,522 CY $41.00 $103,402.00 $12.00 $30,264.00 $22.75 $57,375.50 $14.75 $37,199.50 $75.00 $189,150.00 $18.00 $45,396.00 120 Stabilization Geotextile 21,363 SY $4.00 $85,452.00 $5.75 $122,837.25 $5.80 $123,905.40 $5.25 $112,155.75 $11.00 $234,993.00 $6.50 $138,859.50 121 6-Inch Minus Uncrushed Sub Base Course 13,000 CY $41.00 $533,000.00 $29.00 $377,000.00 $37.00 $481,000.00 $38.25 $497,250.00 $37.00 $481,000.00 $40.50 $526,500.00 122 1-1/2"-Inch Minus Crushed Base Course 4,209 CY $53.00 $223,077.00 $46.00 $193,614.00 $55.00 $231,495.00 $50.50 $212,554.50 $48.00 $202,032.00 $58.00 $244,122.00 123 Asphalt Concrete Pavement 3,300 TON $110.00 $363,000.00 $89.00 $293,700.00 $105.00 $346,500.00 $96.70 $319,110.00 $97.00 $320,100.00 $135.00 $445,500.00 124 SS-1 or CSS-1 Emulsified Asphalt 1,649.0 GAL $10.00 $16,490.00 $7.00 $11,543.00 $3.00 $4,947.00 $7.35 $12,120.15 $6.50 $10,718.50 $13.00 $21,437.00 125 Combined Concrete Curb & Gutter 11,070 LF $19.00 $210,330.00 $20.00 $221,400.00 $21.00 $232,470.00 $21.75 $240,772.50 $19.50 $215,865.00 $24.00 $265,680.00 126 Combined Reinforced Concrete Curb & Gutter 204 LF $35.00 $7,140.00 $40.00 $8,160.00 $81.50 $16,626.00 $44.00 $8,976.00 $24.00 $4,896.00 $98.00 $19,992.00 127 Mountable Curb 258 LF $25.00 $6,450.00 $28.00 $7,224.00 $42.00 $10,836.00 $33.00 $8,514.00 $18.00 $4,644.00 $48.00 $12,384.00 128 Valley Gutter 901 SF $12.00 $10,812.00 $12.00 $10,812.00 $15.40 $13,875.40 $14.00 $12,614.00 $15.50 $13,965.50 $16.50 $14,866.50 129 Curb Return Fillets 10 EA $3,500.00 $35,000.00 $1,875.00 $18,750.00 $2,100.00 $21,000.00 $2,105.00 $21,050.00 $1,850.00 $18,500.00 $2,400.00 $24,000.00 130 Truck Apron - 9-Inch Thickness 2,639 SF $25.00 $65,975.00 $20.00 $52,780.00 $33.65 $88,802.35 $22.50 $59,377.50 $16.00 $42,224.00 $39.00 $102,921.00 131 Median Cap - 6-Inch Thickness 3,044 SF $10.00 $30,440.00 $7.50 $22,830.00 $10.00 $30,440.00 $8.50 $25,874.00 $12.50 $38,050.00 $12.00 $36,528.00 132 Concrete Driveway Aprons 2,610 SF $10.00 $26,100.00 $10.00 $26,100.00 $13.75 $35,887.50 $11.75 $30,667.50 $14.50 $37,845.00 $16.00 $41,760.00 133 Concrete Sidewalk - 4-Inch Thickness 1,525 SF $8.00 $12,200.00 $9.50 $14,487.50 $9.65 $14,716.25 $9.50 $14,487.50 $8.00 $12,200.00 $12.00 $18,300.00 134 Concrete Sidewalk - 6-Inch Thickness 22,145 SF $10.00 $221,450.00 $9.00 $199,305.00 $11.15 $246,916.75 $10.00 $221,450.00 $11.50 $254,667.50 $13.00 $287,885.00 135 Truncated Dome Panel 660 SF $55.00 $36,300.00 $35.00 $23,100.00 $62.00 $40,920.00 $36.75 $24,255.00 $66.00 $43,560.00 $78.00 $51,480.00 136 Striping - White Epoxy 41 GAL $250.00 $10,250.00 $180.00 $7,380.00 $340.00 $13,940.00 $365.00 $14,965.00 $184.00 $7,544.00 $435.00 $17,835.00 137 Striping - Yellow Epoxy 31 GAL $250.00 $7,750.00 $180.00 $5,580.00 $340.00 $10,540.00 $365.00 $11,315.00 $184.00 $5,704.00 $460.00 $14,260.00 138 Curb Paint - Yellow Epoxy 60 GAL $500.00 $30,000.00 $270.00 $16,200.00 $285.00 $17,100.00 $310.00 $18,600.00 $279.00 $16,740.00 $375.00 $22,500.00 502 3/5/2026 - 4:03 PM 139 Striping - White Epoxy Words & Symbols 33 GAL $425.00 $14,025.00 $360.00 $11,880.00 $340.00 $11,220.00 $365.00 $12,045.00 $368.00 $12,144.00 $460.00 $15,180.00 140 Striping - Yellow Epoxy Words & Symbols 9 GAL $425.00 $3,825.00 $360.00 $3,240.00 $285.00 $2,565.00 $305.00 $2,745.00 $368.00 $3,312.00 $390.00 $3,510.00 141 Street Sign & Post 59 EA $900.00 $53,100.00 $1,600.00 $94,400.00 $660.00 $38,940.00 $750.00 $44,250.00 $1,550.00 $91,450.00 $2,000.00 $118,000.00 142 Street Sign Face Only 237.3 SF $100.00 $23,730.00 $60.00 $14,238.00 $85.00 $20,170.50 $48.50 $11,509.05 $59.00 $14,000.70 $77.00 $18,272.10 143 Flexible Delineators 46 EA $175.00 $8,050.00 $200.00 $9,200.00 $107.00 $4,922.00 $300.00 $13,800.00 $195.00 $8,970.00 $250.00 $11,500.00 144 Topsoil 3,090 CY $40.00 $123,600.00 $33.00 $101,970.00 $64.00 $197,760.00 $34.25 $105,832.50 $56.00 $173,040.00 $43.00 $132,870.00 145 Irrigation Sleeves 776 LF $45.00 $34,920.00 $20.00 $15,520.00 $18.50 $14,356.00 $14.75 $11,446.00 $27.00 $20,952.00 $20.00 $15,520.00 146 Remove Tree & Shrubs 27 EA $1,200.00 $32,400.00 $350.00 $9,450.00 $200.00 $5,400.00 $195.00 $5,265.00 $100.00 $2,700.00 $800.00 $21,600.00 147 Tree Protection (For Existing Trees)40 EA $500.00 $20,000.00 $275.00 $11,000.00 $128.00 $5,120.00 $267.50 $10,700.00 $1,500.00 $60,000.00 $800.00 $32,000.00 148 Shredded Cedar Bark Mulch 86 CY $700.00 $60,200.00 $125.00 $10,750.00 $206.00 $17,716.00 $129.70 $11,154.20 $100.00 $8,600.00 $160.00 $13,760.00 149 Rock Mulch 23 CY $600.00 $13,800.00 $139.00 $3,197.00 $405.00 $9,315.00 $143.85 $3,308.55 $160.00 $3,680.00 $180.00 $4,140.00 150 Topsoil Amendment 625 CY $50.00 $31,250.00 $82.00 $51,250.00 $71.50 $44,687.50 $83.75 $52,343.75 $162.00 $101,250.00 $104.00 $65,000.00 151 Tree (1.5 IN Caliper, Includes Staking & Tree Guards)127 EA $800.00 $101,600.00 $510.00 $64,770.00 $390.00 $49,530.00 $525.00 $66,675.00 $430.00 $54,610.00 $650.00 $82,550.00 152 Shrubs (5 Gal.)35 EA $150.00 $5,250.00 $310.00 $10,850.00 $61.00 $2,135.00 $65.00 $2,275.00 $43.00 $1,505.00 $80.00 $2,800.00 153 Perennials ( 1 Gal.)264 EA $80.00 $21,120.00 $20.00 $5,280.00 $32.00 $8,448.00 $20.00 $5,280.00 $24.00 $6,336.00 $25.00 $6,600.00 154 Grasses ( 1 Gal.)111 EA $80.00 $8,880.00 $20.00 $2,220.00 $32.00 $3,552.00 $20.00 $2,220.00 $24.00 $2,664.00 $25.00 $2,775.00 155 Hydraulic Seeding 149,370.00 SF $0.65 $97,090.50 $0.31 $46,304.70 $0.15 $22,405.50 $0.35 $52,279.50 $0.15 $22,405.50 $0.40 $59,748.00 156 Design & Construct Irrigation System 1 LS $175,000.00 $175,000.00 $165,000.00 $165,000.00 $133,000.00 $133,000.00 $170,000.00 $170,000.00 $199,176.00 $199,176.00 $207,000.00 $207,000.00 157 Temporary Watering (Upland Seed Areas)60,320 SF $1.25 $75,400.00 $0.06 $3,619.20 $0.05 $3,016.00 $0.10 $6,032.00 $1.00 $60,320.00 $0.10 $6,032.00 158 Adjust Irrigation System 14,605 SF $1.50 $21,907.50 $0.62 $9,055.10 $0.70 $10,223.50 $0.75 $10,953.75 $0.24 $3,505.20 $1.00 $14,605.00 159 Sod (Restoration Areas)1,000 SF $4.00 $4,000.00 $1.80 $1,800.00 $1.15 $1,150.00 $1.80 $1,800.00 $1.15 $1,150.00 $2.00 $2,000.00 160 8" SDR-35 PVC Storm Drain Pipe 48 LF $60.00 $2,880.00 $53.00 $2,544.00 $82.00 $3,936.00 $53.50 $2,568.00 $31.50 $1,512.00 $56.00 $2,688.00 161 12" SDR-35 PVC Storm Drain Pipe 481 LF $65.00 $31,265.00 $52.00 $25,012.00 $70.00 $33,670.00 $61.00 $29,341.00 $48.00 $23,088.00 $60.00 $28,860.00 162 15" SDR-35 PVC Storm Drain Pipe 1,236 LF $70.00 $86,520.00 $62.00 $76,632.00 $65.00 $80,340.00 $74.25 $91,773.00 $65.00 $80,340.00 $69.00 $85,284.00 163 48" Class 4 RCP Culvert 115 LF $125.00 $14,375.00 $255.00 $29,325.00 $415.00 $47,725.00 $376.25 $43,268.75 $600.00 $69,000.00 $440.00 $50,600.00 164 Storm Drain Inlet (2x3 Sq)7 EA $5,500.00 $38,500.00 $3,950.00 $27,650.00 $4,600.00 $32,200.00 $4,340.00 $30,380.00 $5,750.00 $40,250.00 $4,500.00 $31,500.00 165 Storm Drain Inlet (3' Dia.)2 EA $5,500.00 $11,000.00 $4,300.00 $8,600.00 $4,800.00 $9,600.00 $4,510.00 $9,020.00 $7,150.00 $14,300.00 $4,700.00 $9,400.00 166 48" Storm Drain Combo Inlet/Manhole 6 EA $6,675.00 $40,050.00 $4,500.00 $27,000.00 $5,350.00 $32,100.00 $5,059.50 $30,357.00 $8,250.00 $49,500.00 $5,500.00 $33,000.00 167 48" Storm Drain Manhole 6 EA $6,675.00 $40,050.00 $5,300.00 $31,800.00 $5,450.00 $32,700.00 $5,143.50 $30,861.00 $8,250.00 $49,500.00 $5,500.00 $33,000.00 168 48" Storm Drain Manhole Additional Depth 3.5 VF $500.00 $1,750.00 $205.00 $717.50 $325.00 $1,137.50 $550.00 $1,925.00 $550.00 $1,925.00 $400.00 $1,400.00 169 60" Storm Drain Manhole 4 EA $7,500.00 $30,000.00 $6,800.00 $27,200.00 $7,000.00 $28,000.00 $6,599.50 $26,398.00 $13,500.00 $54,000.00 $8,000.00 $32,000.00 170 60" Storm Drain Manhole Additional Depth 2.4 VF $650.00 $1,560.00 $245.00 $588.00 $425.00 $1,020.00 $550.00 $1,320.00 $750.00 $1,800.00 $650.00 $1,560.00 171 96" Storm Drain Manhole 1 EA $20,000.00 $20,000.00 $11,900.00 $11,900.00 $18,000.00 $18,000.00 $11,115.00 $11,115.00 $16,750.00 $16,750.00 $12,500.00 $12,500.00 172 96" Storm Drain Manhole Additional Depth 1.9 VF $1,000.00 $1,900.00 $320.00 $608.00 $1,350.00 $2,565.00 $910.00 $1,729.00 $2,500.00 $4,750.00 $1,200.00 $2,280.00 173 Class 1 Riprap 58 CY $100.00 $5,800.00 $77.00 $4,466.00 $155.00 $8,990.00 $165.25 $9,584.50 $145.00 $8,410.00 $120.00 $6,960.00 174 Drainage Culvert Rock Infill 111 LF $55.00 $6,105.00 $26.00 $2,886.00 $6.00 $666.00 $120.00 $13,320.00 $36.00 $3,996.00 $96.00 $10,656.00 175 Buried Stormwater Chambers 13,491 CF $20.00 $269,820.00 $13.00 $175,383.00 $14.75 $198,992.25 $13.50 $182,128.50 $23.00 $310,293.00 $22.00 $296,802.00 176 Temporary Stream Bypass Pumping 1 LS $50,000.00 $50,000.00 $2,040.00 $2,040.00 $6,100.00 $6,100.00 $13,825.00 $13,825.00 $41,000.00 $41,000.00 $12,100.00 $12,100.00 177 Underground Existing Utility Crossing 70 EA $950.00 $66,500.00 $315.00 $22,050.00 $900.00 $63,000.00 $1,110.00 $77,700.00 $1,750.00 $122,500.00 $800.00 $56,000.00 N. 27TH AVENUE EXTENSION BOZEMAN, MONTANA January 2026 Estimated Project Quantities ENGINEERS ESTIMATE KNIFE RIVER - BELGRADE CK MAY EXCAVATING SIME CONSTRUCTION, INC.DLM CONTRACTING, INC.DUNEMAN CONSTRUCTION, INC. ITEM ESTIMATED UNIT OF ESTIMATED TOTAL UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICENUMBERITEM DESCRIPTION QUANTITY MEASURE UNIT PRICE PRICE 503 3/5/2026 - 4:03 PM 178 Remove & Reset Existing Fire Hydrant 3 EA $7,500.00 $22,500.00 $4,790.00 $14,370.00 $4,900.00 $14,700.00 $6,355.00 $19,065.00 $4,275.00 $12,825.00 $7,200.00 $21,600.00 179 12"x8" Tapping Tee & Water Valve Assembly 5 EA $7,500.00 $37,500.00 $4,770.00 $23,850.00 $6,000.00 $30,000.00 $5,720.00 $28,600.00 $9,300.00 $46,500.00 $12,000.00 $60,000.00 180 8" Water Main 324 LF $110.00 $35,640.00 $116.00 $37,584.00 $120.00 $38,880.00 $186.50 $60,426.00 $75.00 $24,300.00 $145.00 $46,980.00 181 8" DIP Cap & 2" Temporary Blowoff Assembly 5 EA $3,500.00 $17,500.00 $3,700.00 $18,500.00 $4,400.00 $22,000.00 $2,650.00 $13,250.00 $4,250.00 $21,250.00 $4,000.00 $20,000.00 182 1" Type K Water Service Line 158 LF $100.00 $15,800.00 $100.00 $15,800.00 $125.00 $19,750.00 $237.25 $37,485.50 $59.00 $9,322.00 $225.00 $35,550.00 183 2" Type K Water Service & Irrigation Meter Pit 1 EA $5,000.00 $5,000.00 $5,780.00 $5,780.00 $11,500.00 $11,500.00 $14,529.50 $14,529.50 $12,500.00 $12,500.00 $15,500.00 $15,500.00 184 Utility Insulation Board 5,500 SF $25.00 $137,500.00 $5.20 $28,600.00 $6.50 $35,750.00 $6.25 $34,375.00 $4.50 $24,750.00 $6.00 $33,000.00 185 Existing Water Main Potholing 15 EA $450.00 $6,750.00 $140.00 $2,100.00 $545.00 $8,175.00 $395.00 $5,925.00 $4,500.00 $67,500.00 $2,500.00 $37,500.00 186 48" Sanitary Sewer Manhole 2 EA $8,000.00 $16,000.00 $5,960.00 $11,920.00 $13,000.00 $26,000.00 $6,714.75 $13,429.50 $6,000.00 $12,000.00 $9,500.00 $19,000.00 187 48" Sanitary Sewer Manhole Additional Depth 12.8 VF $500.00 $6,400.00 $200.00 $2,560.00 $345.00 $4,416.00 $600.00 $7,680.00 $500.00 $6,400.00 $400.00 $5,120.00 188 Adjust Existing 48" Sanitary Sewer Manhole 8 EA $2,000.00 $16,000.00 $915.00 $7,320.00 $1,200.00 $9,600.00 $1,350.00 $10,800.00 $1,250.00 $10,000.00 $900.00 $7,200.00 189 Adjust Existing 60" Sanitary Sewer Manhole 2 EA $3,000.00 $6,000.00 $1,435.00 $2,870.00 $1,900.00 $3,800.00 $1,450.00 $2,900.00 $1,350.00 $2,700.00 $1,100.00 $2,200.00 190 8" Sanitary Sewer Main 334 LF $150.00 $50,100.00 $54.00 $18,036.00 $200.00 $66,800.00 $156.25 $52,187.50 $73.00 $24,382.00 $215.00 $71,810.00 191 4" Sanitary Sewer Service Line 34 LF $100.00 $3,400.00 $48.00 $1,632.00 $130.00 $4,420.00 $156.25 $5,312.50 $56.00 $1,904.00 $220.00 $7,480.00 192 4" Deep Sanitary Sewer Service Line 224 LF $135.00 $30,240.00 $81.00 $18,144.00 $200.00 $44,800.00 $181.00 $40,544.00 $450.00 $100,800.00 $330.00 $73,920.00 193 Sewer Bypass Pumping 1 LS $25,000.00 $25,000.00 $8,175.00 $8,175.00 $1,775.00 $1,775.00 $13,825.00 $13,825.00 $37,000.00 $37,000.00 $19,500.00 $19,500.00 194 Conduit - Plastic 1.5 IN (SCH. 40)600 LF $23.00 $13,800.00 $12.50 $7,500.00 $12.35 $7,410.00 $15.50 $9,300.00 $13.64 $8,184.00 $18.00 $10,800.00 195 Conduit - Plastic 2 IN (SCH. 80)4,640 LF $30.00 $139,200.00 $13.50 $62,640.00 $13.35 $61,944.00 $15.75 $73,080.00 $13.64 $63,289.60 $18.00 $83,520.00 196 Conduit - Plastic 3 IN (SCH. 80)1,775 LF $45.00 $79,875.00 $14.50 $25,737.50 $14.35 $25,471.25 $29.50 $52,362.50 $25.45 $45,173.75 $33.00 $58,575.00 197 Conduit - HDPE 3 IN (SCH. 80)275 LF $120.00 $33,000.00 $35.00 $9,625.00 $34.85 $9,583.75 $36.50 $10,037.50 $31.82 $8,750.50 $41.00 $11,275.00 198 Pull Box Composite Reinforced - Type 1 35 EA $1,500.00 $52,500.00 $755.00 $26,425.00 $768.00 $26,880.00 $1,198.75 $41,956.25 $1,045.00 $36,575.00 $1,400.00 $49,000.00 199 Pull Box Composite Reinforced - Type 2 6 EA $2,000.00 $12,000.00 $1,020.00 $6,120.00 $1,035.00 $6,210.00 $1,513.00 $9,078.00 $1,318.00 $7,908.00 $1,700.00 $10,200.00 200 Pull Box Composite Reinforced - Type 3 3 EA $2,500.00 $7,500.00 $1,200.00 $3,600.00 $1,175.00 $3,525.00 $1,977.50 $5,932.50 $1,725.00 $5,175.00 $2,300.00 $6,900.00 201 Colored Luminaire Standard (30' Tall - 4' Mast Arm)2 EA $6,700.00 $13,400.00 $7,390.00 $14,780.00 $7,560.00 $15,120.00 $11,680.60 $23,361.20 $10,180.00 $20,360.00 $13,200.00 $26,400.00 202 Colored Luminaire Standard (30' Tall - 6' Mast Arm)29 EA $6,900.00 $200,100.00 $7,350.00 $213,150.00 $7,525.00 $218,225.00 $11,680.50 $338,734.50 $10,180.00 $295,220.00 $13,200.00 $382,800.00 203 Colored Luminaire Standard (30' Tall - 10' Mast Arm)1 EA $7,400.00 $7,400.00 $8,900.00 $8,900.00 $9,100.00 $9,100.00 $1,481.75 $1,481.75 $12,270.00 $12,270.00 $15,900.00 $15,900.00 204 Colored Pedestrian Signal Standard Type I-100 8 EA $2,600.00 $20,800.00 $2,760.00 $22,080.00 $2,820.00 $22,560.00 $2,920.00 $23,360.00 $2,545.00 $20,360.00 $3,300.00 $26,400.00 205 Colored Traffic Signal Standard Type 3A (30' Mast Arm)1 EA $27,000.00 $27,000.00 $31,150.00 $31,150.00 $31,260.00 $31,260.00 $33,896.25 $33,896.25 $29,545.00 $29,545.00 $39,000.00 $39,000.00 206 Colored Traffic Signal Standard Type 3A (35' Mast Arm)1 EA $32,000.00 $32,000.00 $32,400.00 $32,400.00 $33,000.00 $33,000.00 $35,982.50 $35,982.50 $31,360.00 $31,360.00 $40,700.00 $40,700.00 207 Colored Traffic Signal Standard Type 3A (40' Mast Arm)1 EA $37,000.00 $37,000.00 $32,600.00 $32,600.00 $33,200.00 $33,200.00 $36,292.50 $36,292.50 $31,635.00 $31,635.00 $41,000.00 $41,000.00 208 Colored Traffic Signal Standard Type 3A (50' Mast Arm)1 EA $49,000.00 $49,000.00 $41,500.00 $41,500.00 $42,300.00 $42,300.00 $39,313.50 $39,313.50 $34,270.00 $34,270.00 $44,500.00 $44,500.00 209 Traffic Signal Indications 12 EA $2,200.00 $26,400.00 $2,175.00 $26,100.00 $2,200.00 $26,400.00 $3,228.75 $38,745.00 $2,815.00 $33,780.00 $3,650.00 $43,800.00 210 Pedestrian Signal Indications 8 EA $1,800.00 $14,400.00 $2,560.00 $20,480.00 $2,600.00 $20,800.00 $3,958.00 $31,664.00 $3,450.00 $27,600.00 $4,800.00 $38,400.00 211 Push-Button - Pedestrian/Tactile 8 EA $1,650.00 $13,200.00 $2,200.00 $17,600.00 $2,250.00 $18,000.00 $1,716.75 $13,734.00 $1,860.00 $14,880.00 $2,400.00 $19,200.00 212 Colored Luminaire Phillips Lumec-RFS-35W40LED2.7K-G2- R2M-UNV-DMG-API-FAWS-PH9-RCD7-GN6TX 21 EA $1,000.00 $21,000.00 $760.00 $15,960.00 $770.00 $16,170.00 $803.25 $16,868.25 $700.00 $14,700.00 $900.00 $18,900.00 213 Colored Luminaire Phillips Lumec--RFS-35W40LED2.7K-G2- R3M-UNV-DMG-API-FAWS-PH9-RCD7-GN6TX 1 EA $1,000.00 $1,000.00 $760.00 $760.00 $770.00 $770.00 $834.75 $834.75 $795.00 $795.00 $1,050.00 $1,050.00 214 Colored Luminaire Phillips Lumec-RFS-35W32LED3K-G2- R2M-UNV-DMG-API-FAWS-PH9-RCD7-GN6TX 2 EA $1,000.00 $2,000.00 $760.00 $1,520.00 $760.00 $1,520.00 $803.00 $1,606.00 $700.00 $1,400.00 $900.00 $1,800.00 215 Colored Luminaire Phillips Lumec-RFS-80W40LED3K-G2- R2M-UNV-DMG-API-FAWS-PH9-RCD7-GN6TX 5 EA $1,200.00 $6,000.00 $760.00 $3,800.00 $770.00 $3,850.00 $3,900.75 $19,503.75 $680.00 $3,400.00 $900.00 $4,500.00 216 Colored Luminaire Phillips Lumec--80W40LED3K-G2-R3M- UNV-DMG-API-FAWS-PH9-RCD7-GN6TX 9 EA $1,200.00 $10,800.00 $760.00 $6,840.00 $770.00 $6,930.00 $780.00 $7,020.00 $680.00 $6,120.00 $900.00 $8,100.00 N. 27TH AVENUE EXTENSION BOZEMAN, MONTANA January 2026 Estimated Project Quantities ENGINEERS ESTIMATE KNIFE RIVER - BELGRADE CK MAY EXCAVATING SIME CONSTRUCTION, INC.DLM CONTRACTING, INC.DUNEMAN CONSTRUCTION, INC. ITEM ESTIMATED UNIT OF ESTIMATED TOTAL UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICENUMBERITEM DESCRIPTION QUANTITY MEASURE UNIT PRICE PRICE 504 3/5/2026 - 4:03 PM 217 Lamp Shield Accessory (2 per Lamp)48 EA $50.00 $2,400.00 $66.00 $3,168.00 $67.00 $3,216.00 $17.25 $828.00 $16.36 $785.28 $22.00 $1,056.00 218 Signal Controller, Cabinet Type P, Concrete Pedestal & Concrete Pad 1 EA $48,000.00 $48,000.00 $59,000.00 $59,000.00 $59,000.00 $59,000.00 $61,014.00 $61,014.00 $53,180.00 $53,180.00 $70,000.00 $70,000.00 219 Control Center (Single Meter for Street Lighting)1 EA $5,000.00 $5,000.00 $4,090.00 $4,090.00 $4,190.00 $4,190.00 $5,839.75 $5,839.75 $5,090.00 $5,090.00 $6,600.00 $6,600.00 220 Control Center (Double Meter for Lighting & Irrigation)1 EA $5,500.00 $5,500.00 $5,900.00 $5,900.00 $6,000.00 $6,000.00 $6,568.00 $6,568.00 $5,725.00 $5,725.00 $7,400.00 $7,400.00 221 Modify Existing Service (With Double Meter for Lighting & Irrigation)1 EA $3,000.00 $3,000.00 $5,900.00 $5,900.00 $6,000.00 $6,000.00 $5,163.50 $5,163.50 $4,725.00 $4,725.00 $6,100.00 $6,100.00 222 Emergency Pre-Emption System (Includes 315' of Cable & Wiring)1 EA $5,500.00 $5,500.00 $4,900.00 $4,900.00 $4,950.00 $4,950.00 $7,354.00 $7,354.00 $6,410.00 $6,410.00 $8,300.00 $8,300.00 223 Radar Detection System (Includes 765' of Cable & Wiring)1 EA $48,000.00 $48,000.00 $44,600.00 $44,600.00 $46,000.00 $46,000.00 $43,707.75 $43,707.75 $40,000.00 $40,000.00 $52,000.00 $52,000.00 224 Conductor - Copper AWG6-600V 440 LF $3.00 $1,320.00 $2.00 $880.00 $1.95 $858.00 $3.00 $1,320.00 $2.91 $1,280.40 $4.00 $1,760.00 225 Conductor - Copper AWG8-600V 12,490 LF $2.00 $24,980.00 $1.70 $21,233.00 $1.65 $20,608.50 $1.50 $18,735.00 $1.27 $15,862.30 $1.50 $18,735.00 226 Conductor - Copper AWG10-600V 10,070 LF $1.50 $15,105.00 $1.40 $14,098.00 $1.35 $13,594.50 $1.05 $10,573.50 $0.91 $9,163.70 $1.50 $15,105.00 227 Signal Cable Copper 16AWG14-600V 785 LF $7.50 $5,887.50 $4.90 $3,846.50 $4.95 $3,885.75 $3.85 $3,022.25 $3.36 $2,637.60 $4.50 $3,532.50 228 Pedestrian Signal Cable Copper 9AWG14-600V 1,575 LF $5.50 $8,662.50 $3.60 $5,670.00 $3.60 $5,670.00 $4.25 $6,693.75 $3.73 $5,874.75 $5.00 $7,875.00 229 Remove & Reset Luminaire 3 EA $2,650.00 $7,950.00 $3,150.00 $9,450.00 $3,175.00 $9,525.00 $3,338.25 $10,014.75 $2,910.00 $8,730.00 $3,800.00 $11,400.00 230 Remove & Salvage/Dispose Misc. Electrical Equipment 1 LS $25,000.00 $25,000.00 $7,250.00 $7,250.00 $7,375.00 $7,375.00 $4,656.00 $4,656.00 $4,000.00 $4,000.00 $5,200.00 $5,200.00 231 Rectangular Rapid Flashing Beacon (Single-Sided Solar)6 EA $12,500.00 $75,000.00 $12,600.00 $75,600.00 $12,800.00 $76,800.00 $8,281.75 $49,690.50 $7,815.00 $46,890.00 $10,200.00 $61,200.00 232 Rectangular Rapid Flashing Beacon (Double-Sided Solar)3 EA $13,500.00 $40,500.00 $14,100.00 $42,300.00 $14,300.00 $42,900.00 $9,055.25 $27,165.75 $8,545.00 $25,635.00 $11,000.00 $33,000.00 233 12" ASTM F949 PVC Utility Culvert 264 LF $75.00 $19,800.00 $39.00 $10,296.00 $39.70 $10,480.80 $30.50 $8,052.00 $40.00 $10,560.00 $40.00 $10,560.00 TOTAL BASE BID $7,578,550.83 $5,332,520.25 $5,524,086.05 $5,645,000.00 $6,899,897.54 $7,226,464.60 N. 27TH AVENUE EXTENSION BOZEMAN, MONTANA January 2026 Estimated Project Quantities ENGINEERS ESTIMATE KNIFE RIVER - BELGRADE CK MAY EXCAVATING SIME CONSTRUCTION, INC.DLM CONTRACTING, INC.DUNEMAN CONSTRUCTION, INC. ITEM ESTIMATED UNIT OF ESTIMATED TOTAL UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICENUMBERITEM DESCRIPTION QUANTITY MEASURE UNIT PRICE PRICE 505 506 507 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 Parklands At Village Downtown Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman, Application 25686 (Montana) MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Approve the Final Plat for the Parklands At Village Downtown Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman, Application 25686. 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 Parklands At Village Downtown Subdivision Preliminary Plat was approved by the City Commission on September 9, 2025 (Application No. 25273) and the attached Preliminary Plat Findings of Fact and Order was signed on September 23, 2025. This is a major subdivision preliminary plat application to divide a 1.2-acre property into 8 buildable lots. The property is zoned R-4, Residential, High-Density District, and Lots 2 through 8 must contain two dwelling units each in order to comply with the minimum required density of the R-4 district. Lot 1 has the option of either a single- household dwelling or a two-household dwelling. The Final Plat submittal meets/satisfies all conditions of approval and code 508 provisions of the Preliminary Plat as well as the standards of Montana Code Annotated (MCA) Sections 76-3-611(1) and 76-3-612 as certified by the City Attorney. UNRESOLVED ISSUES:None. ALTERNATIVES:None suggested. FISCAL EFFECTS:The proposed development of this subdivision will generate additional property tax revenues with which to support municipal services to the development. Attachments: 25686 Parklands Amended FP Commission Memo for Granicus.pdf 25686 City Attorney Certificate.pdf 25273_Parklands_Amended_PP_Findings_of_Fact_Signed.pdf Report compiled on: March 4, 2026 509 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 Parklands At Village Downtown Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman, Application 25686. 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: March 24, 2026 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the Final Plat for the Parklands At Village Downtown Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman, Application 25686. BACKGROUND: The Parklands At Village Downtown Subdivision Preliminary Plat was approved by the City Commission on September 9, 2025 (Application No. 25273) and the Findings of Fact and Order document was signed on September 23, 2025. This is a major subdivision preliminary plat application to divide a 1.2-acre property into 8 buildable lots. The property is zoned R-4, Residential, High-Density District, and Lots 2 through 8 must contain two dwelling units each in order to comply with the minimum required density of the R-4 district. Lot 1 has the option of either a single-household dwelling or a two-household dwelling. The 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. §76-3-611(1), MCA, provides that the City Commission shall approve the plat only if: 510 (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: March 6, 2026 Attachment: City Attorney Certificate 511 512 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 1 of 22 25273 City Commission Findings of Fact and Order for Parklands Amended Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting was held Monday, September 8, 2025, at 6:00 pm. City Commission meeting was held Tuesday, September 9, 2025, at 6:00 pm. Project Description: A preliminary plat requesting to subdivide one parcel zoned R-4 into a major subdivision for residential uses. The proposed subdivision includes 8 buildable lots on a total of 1.201 acres. The project is proposed to be completed in one phase. Village Downtown Boulevard and Audubon Way are currently constructed, and no new street connections are required or proposed with the subdivision. Residential lots 2 through 8 are proposed to contain two dwelling units to comply with the minimum required density of the R-4 zoning, while Lot 1 will have the option of either a single- household dwelling or a two-household dwelling unit. Project Location: Lot 1 of Block 1 of Parklands at Village Downtown Subdivision, per Plat J- 700A in Section 8, Township 2 South, Range 6 East, Principal Meridian, City of Bozeman, Gallatin County, Montana. Addresses TBD, west of Village Downtown Boulevard, east of Audubon Way, and south of Audubon Way. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended Planning Board Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 25273 and move for the Community Development Board in its capacity as the Planning Board to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 25273 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: September 16, 2025 Staff Contact: Bailey Minnich, Development Review Planner Simon Lindley, Project Engineer Agenda Item Type: Consent (Quasi-judicial) Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 513912 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 2 of 22 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer. Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application on May 23, 2025, requesting to subdivide 1.201 acres to create 8 buildable lots. The subject property is zoned R-4 (Residential High Density District). Proposed land uses for the subdivision are primarily residential in the form of single-household dwellings and two-household dwellings on individual lots. Residential lots 2 through 8 are proposed to contain two dwelling units to comply with the minimum required density of the R-4 zoning, while lot 1 will have the option of either a single-household dwelling or two dwelling units. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for R-4 Zoning. The site is surrounded by existing local streets with Village Downtown Boulevard located to the west, and Audubon Way to the south and east. No additional street extensions are proposed or required with the subdivision application. Additionally, all water, sewer and stormwater infrastructure was already installed with the original subdivision. The subdivision is proposed to be completed in one phase and developed with uses permitted under sketch plan review. Therefore, the application does not qualify for concurrent construction. All subdivision improvements must be installed prior to the issuance of a building permit for any lot within a subdivision. On July 16, 2025, the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider requested waivers with this application. The requested waivers were approved by the Development Review Committee (DRC) on June 11, 2025 and included BMC 38.220.060.A.1 Surface Water, BMC 38.220.060.A.2 Floodplain, BMC 38.220.060.A.3 Groundwater, BMC 38.220.060.A.4 Geology, BMC 38.220.060.A.5 Vegetation, BMC 38.220.060.A.6 Wildlife, BMC 38.220.060.A.7 Agriculture, BMC 38.220.060.A.8 Agricultural water user facilities, BMC 38.220.060.A.9 Water and Sewer, BMC 38.220.060.A.10 Stormwater, BMC 38.220.060.A.11 Streets, BMC 38.220.060.A.12 Utilities, BMC 38.220.060.A.13 Land use, BMC 38.220.060.A.14 Parks and recreation facilities, BMC 38.220.060.A.15 Neighborhood Center, BMC 38.220.060.A.16 Lighting Plan, BMC Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 514913 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 3 of 22 38.220.060.A.17 Miscellaneous, and BMC 38.220.060.A.18 Affordable Housing. The City has received no written public comment on the application as of the writing of this report. The final decision for this preliminary plat must be made by October 8, 2025, or 60 working days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt subdivisions. The Community Development Board acting in their capacity as the Planning Board considered the application and provided a recommendation of approval on September 8, 2025. No public comment was received at the meeting. There was one question from the board about the capacity of the installed water and sewer lines for multiple dwelling units. A motion to recommend approval of the subdivision was passed 5-0. The City Commission held a public meeting to consider the application for approval on September 9, 2025. A video of the meeting is available on the City’s Streaming Video Archive. No public comment was received. The motion to approve consent items F.1 to F.13 passed unanimously. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 515914 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 4 of 22 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 – MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ................................................................................. 8 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8 SECTION 4 – CODE REQUIREMENTS ...................................................................................... 9 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 10 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 10 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 10 Documentation of compliance with adopted standards 38.220.060 ................................. 14 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS..…..…....……. 17 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 21 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 21 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 21 FISCAL EFFECTS ....................................................................................................................... 22 ATTACHMENTS ......................................................................................................................... 22 Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 516915 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 5 of 22 SECTION 1 – MAP SERIES Exhibit 1 – Zoning Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 517916 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 6 of 22 Exhibit 2 – Future Land Use Map Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 518917 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 7 of 22 Exhibit 3 – Preliminary Plat Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 519918 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 8 of 22 SECTION 2 – REQUESTED VARIANCES No variances are requested with this application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentations, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application must include one (1) signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorders office has elected to continue the existing medium requirements of 1 mylar with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 2. The applicant must add the following notes to the conditions of approval sheet of the plat related to the presence of high groundwater on the property: a. Ownership of all common open space lots, areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands are that of the property owners association. Maintenance responsibility includes, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks, greenway corridors or other common open space areas. b. The property owners' association must be responsible for the maintenance of stormwater infrastructure located within the common open spaces. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. c. The property owners association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space lots, areas and trails. d. The City of Bozeman shall be responsible for the maintenance of boulevard trees along Village Downtown Boulevard. e. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 520919 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 9 of 22 point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. f. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Sec. 38.220.070.A.3 – Noxious Weeds. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. 3. Sec. 38.220.300, 310, and 320. Property Owners’ Association. Final Property Owners’ Association (POA) documents, including covenants, must be provided with the final plat prior to being finalized and recorded. The POA documents must include the requirements of BMC 38.220.300, 310, and 320, where applicable. Additionally, based on the provided documents, revise and add the following. a. The property owners' association must be responsible for the maintenance of stormwater infrastructure located within the common open spaces. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. b. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space lots, areas, and trails. 4. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the certificates on the final plat must follow the language in the corresponding certificates in this code section. 5. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by Developer and Property Owners’ Association. The subdivision’s stormwater maintenance plan must clearly state the following condition. "The property owners association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way." The approved stormwater plan must be incorporated into the property owners’ association documents and a copy of the documents Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 521920 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 10 of 22 demonstrating the inclusion of the stormwater maintenance plan must be provided prior to final plat approval. 6. Sec. 38.410.060. - Easements. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates. a. The final plat must provide all necessary utility easements, and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. b. The applicant must submit for review and approval all easements which designate space for public or private utilities that are not in the designated pubic right of way. All such easements applicable to the spatial orientation of utilities on the plat, which are not in public right of way, must be reviewed, approved, executed by applicable owners and the City Commission, and filed with the County Clerk and Recorder's office prior to final plat approval. 7. Sec. 38.410.130.D.3 - Water Adequacy. The city will determine the estimated increase in annual municipal water demand attributable to the development. The applicant must offset the estimated increase in annual municipal water demand attributable to the development through one or more of the following means: 3. Payment to the city of cash- in-lieu of water rights for that portion of the estimated annual municipal water demand attributable to the development that is not offset under subsections D.1 and D.2. The applicant has indicated they intend to pay cash-in-lieu of water to satisfy the code. The CILWR fee determination will occur with the final plat applicant and must be paid prior to approval of the final plat. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on July 16, 2025. The Planning Board meeting was held Monday, September 8, 2025, at 6:00 pm. A summary is located above in the project summary, and a video of the meeting is available on the City’s website. The Community Development Board in their capacity as the Planning Board voted 5-0 to recommend approval of the subdivision application. The City Commission held a public meeting to consider the application for approval on Tuesday, September 9, 2025, at 6:00 pm. A video of the meeting is available on the City’s Streaming Video Archive. No public comment was received. The motion to approve consent items F.1 to F.13 passed unanimously. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 522921 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 11 of 22 review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections, the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public meetings were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. Review of this subdivision was conducted under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on May 23, 2025. The DRC reviewed the preliminary plat application and determined the application was adequate for continued review July 16, 2025 and recommended conditions of approval and code corrections for the staff report. The applicant posted public notice on the subject property on July 24, 2025. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 523922 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 12 of 22 mail, on July 24, 2025. No public comments have been received on this application as of the writing of this report. On August 12, 2025, a major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board at their meeting on Monday, August 18, 2025. However, the lack of a quorum required the meeting to be cancelled, and all agenda items rescheduled to Monday, September 8, 2025. A motion to recommend approval of the subdivision was passed 5-0 on September 8, 2025. On August 29, 2025, a major subdivision staff report was completed and forwarded with a recommendation of conditional approval for review by the City Commission. The motion to approve consent items F.1 to F.13 passed unanimously on September 9, 2025. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy (DSSP) and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/sewer – The subdivision will not significantly burden city's water and sewer infrastructure with the recommended conditions of approval and code provisions. Water and sewer will be provided by connections to the City’s water system and existing sanitary sewer collection system. The water and sewer mains and services to each of the proposed 8 lots were constructed during the original subdivision in 2020 and exist within the Audubon Way and Front Street rights-of-way. Appendix A contains the water and sewer design report for the original Parklands Subdivision, stamped by a professional engineer licensed in the State of Montana. The report was reviewed by the Engineering Division for compliance with state and local Public Works Standard Specifications, the City’s design standards, the City of Bozeman Water Facility Plan, and the City of Bozeman Fire Service Line Standard and found to meet with code provisions the City’s review requirements during the previous subdivision approval. No additional improvements are required with the current subdivision application. Code provision 7 requires the applicant offset estimated water demand prior to final plat approval per subsection D of BMC 38.410.130. Per this section, the application may either transfer water rights into city ownership that are appurtenant to the land being developed or as acceptable to the city, provide payment of cash-in-lieu of water rights at a rate established by the most recent City Commission resolution, or a combination of both. The applicant is proposing to provide cash-in-lieu of water rights to comply with the requirements of BMC 38.410.130.D. Code provision 7 requires the developer to pay the required cash-in-lieu of water rights fee with the final plat application. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 524923 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 13 of 22 Easements - The final plat must provide and depict all necessary utilities and required utility easements. Code provision 6 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street rights-of-way. The applicant must submit for review and approval all easements, which designate space for public or private utilities that are not in the designated public right of way. All easements must be provided using the City’s standard language. Ten-foot utility easements are depicted on the preliminary plat along Audubon Way and are proposed to be granted with the final plat in accordance with standards. Copies of additional existing easements are required to be provided with the final plat application. Parks – Supplemental information regarding Parks and Recreation facilities was waived during the pre-application process. The proposed amended plat does not increase the overall net residential density of the underlying subdivision. Previous parkland dedication provides sufficient parkland for the newly proposed lots. No additional parkland dedication is required per BMC 38.420.020.2.B.5. A pedestrian trail was constructed during the initial subdivision along the southeastern boundary of the subdivision along the old railway berm. The Parklands Subdivision constructed a 10-feet wide asphalt trail that connects the Village Downtown Boulevard along the Front Street right of way, through the 60-feet wide Linear Park to a 6-feet wide gravel trail that runs within the easement adjacent to the Parklands Subdivision. This creates a trail network that completely surrounds the entire subdivision. Stormwater – Stormwater within the subdivision will be conveyed by surface gutter flow to curb inlets and then underground through storm drain piping to an existing stormwater detention pond located in the existing Common Open Space A. All stormwater infrastructure was installed during the original Parklands Subdivision in 2020 and the design accounted for the future development of these 8 lots. Appendix B contains the stormwater design report for the original Parklands Subdivision. Code provision 5 details the required development or maintenance of common areas and facilities to be maintained by the property owners’ association and requires the property owners’ association to maintain all stormwater facilities outside of the public right- of-way, with the incorporation of a maintenance plan into the association documents prior to final plat approval. This will ensure the proper maintenance of necessary stormwater infrastructure as the subdivision is developed and occupied. Agricultural water user facility – The proposed subdivision is a redevelopment of an existing subdivision lot from The Parklands Subdivision. No agricultural water user facilities are located within the subdivision boundaries. Supplemental information regarding agricultural users was waived during the pre-application process. Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this subject property. The subdivision does not impact the City’s ability to provide emergency services to the subject property. The necessary addresses will be provided to enable 911 response to individual parcels prior to recording of the final plat. Fire protection standards require installation of fire hydrants at designated spacing to ensure adequate protection. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 525924 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 14 of 22 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement 6 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are generally located within dedicated street and alley rights-of-way. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets and an improved alley as allowed in BMC 38.400.090. Documentation of compliance with adopted standards 38.220.060 The Development Review Committee (DRC) completed a subdivision pre-application plan review on June 11, 2025 and no variances were requested. Waivers to the following code sections were granted during pre-application review and included BMC 38.220.060.A.1 Surface Water, BMC 38.220.060.A.2 Floodplain, BMC 38.220.060.A.3 Groundwater, BMC 38.220.060.A.4 Geology, BMC 38.220.060.A.5 Vegetation, BMC 38.220.060.A.6 Wildlife, BMC 38.220.060.A.7 Agriculture, BMC 38.220.060.A.8 Agricultural water user facilities, BMC 38.220.060.A.9 Water and Sewer, BMC 38.220.060.A.10 Stormwater, BMC 38.220.060.A.11 Streets, BMC 38.220.060.A.12 Utilities, BMC 38.220.060.A.13 Land use, BMC 38.220.060.A.14 Parks and recreation facilities, BMC 38.220.060.A.15 Neighborhood Center, BMC 38.220.060.A.16 Lighting Plan, BMC 38.220.060.A.17 Miscellaneous, and BMC 38.220.060.A.18 Affordable Housing Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water The subject property does not contain any surface water. Supplemental information regarding surface water was waived during the pre-application process. 38.220.060.A.2 - Floodplains The subject property is not located within the 100-year floodplain. The property is depicted on the Flood Insurance Rate Map (FIRM) panel 30031C0817E with an effective date of April 21, 2021. All issues related to the floodplain were addressed with the pervious subdivision. Supplemental information regarding floodplains was waived during the pre-application process. 38.220.060.A.3 - Groundwater All issues related to groundwater monitoring were addressed during the previous subdivision approval. Supplemental information relating to groundwater was waived during the pre- Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 526925 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 15 of 22 application process. As a condition of approval for this current subdivision the Engineering Department will require the developer must add a note on the final plat stating no crawl spaces will be permitted with future development of the site unless a professional engineer registered in the State of Montana certifies that the lower point of any proposed structure is located above the seasonal high groundwater level and provides supporting groundwater data prior to the release of a building permit. Additionally, sump pumps are not allowed to be connected to the sanitary sewer system or the drainage system and may not be discharged onto streets where they may create a safety hazard for pedestrians and vehicles. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils, or slopes. No significant geological features or slopes exist on the site. Supplemental information relating to geology, soils, or slopes was waived during the pre-application process. 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities identified on site. The current application is for the creation of 8 lots within an existing lot previously platted through the subdivision process. Supplemental information related to vegetation on the subject property was waived during the pre-application process. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. There are no known critical habitats on the property, or observed or mapped threatened or endangered species. The property is bound by existing city streets and future residential developments to the north, south, east, and west. The current application is for the creation of 8 lots within an existing lot previously platted through the subdivision process. Supplemental information related to wildlife on the subject property was waived during the pre-application process. 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. The current application is for the creation of 8 lots within an existing lot previously platted through the subdivision process. Supplemental information related to agriculture was waived during the pre-application process 38.220.060.A.8 - Agricultural Water User Facilities See discussion above under primary review criteria. 38.220.060.A.9 - Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. Also see discussion above under primary review criteria. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 527926 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 16 of 22 38.220.060.A.10 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. 38.220.060.A.11 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure. All public rights-of- way to serve the subdivision were dedicated with the underlying Parklands Subdivision final plat in 2020. Village Downtown Boulevard is considered a local street and includes an 80-foot-wide right-of-way. Audubon Way is considered an alley and includes a 30-foot wide right-of-way which serves the proposed 8 new lots and the existing 9 lots from Block 2 of The Parklands Subdivision. Audubon Way is privately maintained by the Property Owners Association. No new access is proposed to the current subdivision, and no modifications to existing streets are proposed. The applicant requested a waiver to the Traffic Impact Study (TIS) requirement. The Engineering Department evaluated and approved the waiver request. A previous TIS was prepared for the Village Downtown in 2003. The current subdivision calculations provided by the applicant indicate the proposed project will generate 238 weekday trips which are well below the Institute of Transportation Engineers (ITE) guidance. 38.220.060.A.12 – Non-Municipal Utilities The applicant received confirmation of service connections from non-municipal utilities during the previous Parklands Subdivision in 2021. Northwestern Energy confirmed the existing utilities in the area can supply the proposed 8-lot subdivision. 38.220.060.A.13 - Land Use Proposed land uses for the subdivision are primarily residential in the form of single-household dwellings and two-household dwellings on individual lots. Residential lots 2 through 8 are proposed to contain two dwelling units to comply with the minimum required density of the R-4 zoning, while lot 1 will have the option of either a single-household dwelling or two dwelling units. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for R-4 Zoning. Supplemental information regarding Land Use was waived during the pre-application process. 38.220.060.A.14 - Parks and Recreation Facilities The Parks Department reviewed the subdivision proposal. The proposed amended plat does not increase the overall net residential density of the underlying subdivision. Previous parkland dedication provides sufficient parkland for the newly proposed lots. No additional parkland dedication is required per BMC 38.420.020.2.B.5. Supplemental information regarding Parks and Recreation facilities was waived during the pre-application process. See the previous discussion under Parks in the primary review criteria. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 528927 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 17 of 22 38.220.060.A.15 - Neighborhood Center Plan To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater must have a neighborhood center. The proposed subdivision is 1.201 net acres and, therefore, is exempt from the requirement of a neighborhood center. 38.220.060.A.16 - Lighting Plan No additional subdivision or street lighting is required or proposed with this application. Supplemental information for a required lighting plan was waived during the pre-application process. 38.220.060.A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be created with this development. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public meeting on September 9, 2025 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, and summarized the public comment submitted to the City prior to the public meeting in the provided staff report. D. The City Commission requested public comment at the public meeting on September 9, 2025 and no public comment was received. E. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 529928 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 18 of 22 Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. F. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. G. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-616, MCA. The preliminary approval of this single-phased major subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2025 BOZEMAN CITY COMMISSION _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 530929 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 19 of 22 _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4, Residential High Density District. The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. The proposed subdivision is appropriate for this zone because the development will provide primarily residential single and multi-household dwellings on individual lots within an established developed area. The site is surrounded by existing City streets and municipal services, including water and sewer, sidewalks, and pedestrian trails. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 531930 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 20 of 22 Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) The subject property is designated as Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 532931 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 21 of 22 Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. This proposed subdivision is well suited to implement the Urban Neighborhood designation by providing residential development in the form of multiple dwelling units on the majority of the lots and either a single detached household or multiple dwelling units on Lot 1. Density and individual uses will be evaluated at the time of development against the R-4 zoning requirements. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1 Support well-planned, walkable neighborhoods. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services with new development. N-1.9 Ensure multimodal connections between adjacent developments. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, Caddis Engineering and Land Surveying, 226 Timberline Drive, Bozeman, MT 59718, representing owners Delaney Indreland Living Trust and The Village Investment Group Inc., 101 E Main Street, Suite D, Bozeman, MT 59715. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting per BMC 38.220.420. The City scheduled a public notice for this application on July 16 16, 2025. The applicant posted a public notice on the subject property on July 24, 2025. The City sent a public notice to physically adjacent landowners of record within 200 feet of the subject property via first-class mail on July 24, 2025. No comments have been received on the proposed subdivision at the time of this report. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Delaney Indreland Living Trust, c/o Michael Delaney and The Village Investment Group Inc., 101 E Main Street, Suite D, Bozeman, MT 59715 Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 533932 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 22 of 22 Applicant: Caddis Engineering and Land Surveying, 226 Timberline Drive, Bozeman, MT 59718 Representative: Caddis Engineering and Land Surveying, 226 Timberline Drive, Bozeman, MT 59718 Report By: Bailey Minnich, Development Review Planner FISCAL EFFECTS Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. ATTACHMENTS The full application and file of record can be viewed digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at https://www.bozeman.net/departments/community-development/planning/project-information- portal, select the “Project Documents Folder” link and navigate to application 25273. Project documents are available at this direct link to the public Laserfiche archive for application 25273. The following documents and drawings are available in the online public archive: • Parklands Amended Subdivision Preliminary Plat • Plat Narrative • Additional Preliminary Plat Supplements Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 534933 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding with the Bozeman Public Library Friends and Foundation for the Children's Room Renovation Project MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Memorandum of Understanding with the Bozeman Public Library Friends and Foundation for the Children's Room Renovation Project. STRATEGIC PLAN:5.3 Partnerships for Education and Learning: Strengthen and support partnerships for arts and culture with a wide variety of individuals, organizations, and institutions to enhance and improve education and learning in Bozeman. BACKGROUND:The City of Bozeman is partnering with the Bozeman Public Library Friends and Foundation and the Bozeman Public Library Board of Trustees for renovation of the Children's Room. This MOU establishes the roles and responsibilities for all parties. This agreement has 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:The Bozeman Public Library Friends and Foundation has generously offered to fund the project up to $1,000,000, in addition to funds from the Gallatin County annual capital contribution and the Library Depreciation Fund for a project total of $1,212,000. $282,880 is currently allocated to support both Phase 1 (concept design) and Phase 2 (final design), with a subsequent Letter of Agreement necessary to formalize the transfer of funds to support the remaining balance for Phase 3 (construction). Attachments: Library Children's Room Agreement.pdf Report compiled on: March 11, 2026 535 536 Page 1 of 4 Children’s Room MOU Memorandum of Understanding between the Bozeman Public Library, the Bozeman Library Friends and Foundation, and the City of Bozeman for the Bozeman Public Library Children’s Room Renovation This Memorandum of Understanding “MOU” is made and entered into this 18th day of March, 2026 (“Effective Date”), by and between the Bozeman Public Library Board of Trustees (Board) with a mailing address of PO Box 1230, Bozeman, Montana, 59771, the City of Bozeman (City), with a mailing address of PO Box 1230, Bozeman, Montana, 59771, and the Bozeman Library Friends and Foundation (Foundation) with a mailing address of 626 E. Main, Bozeman, MT 59715. The Board, City, and Foundation may be referred to collectively as “Parties.” Recognizing the Board and the City are constituents of the same entity, for purposes of this MOU, both are individual signatories to this MOU to demonstrate the City and the Board recognize and understand the responsibilities of the Board (and its director) and the responsibilities of City in implementing this MOU. I. Purpose The purpose of this MOU is to provide an understanding between the Board, the City, and the Foundation regarding each of their responsibilities for planning, designing, financing, and constructing improvements to the Bozeman Public Library Children’s Room (the “Project”). The Foundation, the City, and the Board understand this MOU provides the parties’ preliminary understanding of how the Project will be developed and that this MOU will be supplemented and adjusted as the Project proceeds except for the Foundation’s obligations regarding funding of the Project. II. The Project The Board, the City, and the Foundation are pursuing a renovation of the current Bozeman Public Library Children’s Room (“Children’s Room”) to meet the Children’s Room’s growing program needs and growing demand for publicly accessible children’s areas. The Project may include, but is not limited to, alternate bookshelves, play area furniture, new service desks, new staff work stations, new staff work benches, refurbished kitchenette, upgraded paint, and refreshed flooring. The Project, as currently understood between the Parties, consists of three phases: 1. Phase 1 – Community Engagement & Assessment/Conceptual Design; 2. Phase 2 – Schematic Design, Design Development, & Construction Documents (Final Design); and 3. Phase 3 – Construction. 537 Page 2 of 4 Children’s Room MOU Timing for each phase has yet to be determined, but the Parties anticipate that construction will likely not occur until late-2026. III. Term. This MOU is effective upon the Effective Date and will terminate two (2) years from the Effective Date. The Parties may extend this MOU, by writing, and as detailed in Section X of this MOU. IV. Parties’ Responsibilities. The Parties agree to work together to implement the Project, develop an agreed upon detailed description of and schedule for initiation and completion. 1. The Foundation’s Responsibilities: The Foundation will provide funding over and above the one hundred thousand dollars ($100,000.00), as described in Sec. IV(3)(b) of this MOU, but not to exceed one million dollars ($1,000,000.00) in total contributions. 2. The City’s Responsibilities: a. For Phase 1, the City responsibilities include preparing a Request for Proposals (or Request for Qualifications) to select a consultant to provide services for Phase 1 and to secure a contract with the selected consultant (MSR). The consultant will be primarily retained for engaging the public in a process to determine the overall scope of the Project and to solicit public input on design objectives and alternatives. The Parties agree the RFP/RFQ process will seek the consultant to provide services for all phases of the Project. b. For Phase 2 & 3, the City responsibilities include executing an Architectural Services Agreement with the current project Architect, MSR Design, and preparing a Request for Proposals (or Request for Qualifications) to select a General Contractor to support final design and provide construction services and enter into a contract with the selected contractor. c. The City will provide staff support including project management for all phases. 3. The Board’s Responsibilities: a. The Board will provide staff support including project management for all phases. b. The Board has up to one hundred thousand dollars ($100,000.00) from the Gallatin County Capital Fund to contribute to the Project. Of this amount, sixty-seven thousand dollars ($67,000.00) was allocated to Phase 1 of the Project. The remaining balance is allocated to Phases 2 and 3 of the Project. 538 Page 3 of 4 Children’s Room MOU V. Process The Parties agree to cooperate on developing plans and schedules for all phases of the Project. For all phases, the City’s Assistant City Manager, the Library’s Director, and the Foundation’s Director will develop a mutually agreed upon list of actions and responsibilities. VI. Financing The Foundation represents to the City and the Board it has the organizational capacity to complete its responsibilities as outlined in this MOU and has already raised or will raise the funds necessary to complete each phase of the project. Prior to City Commission approval of any contract or contract amendment with consultants, designers, or general contractors, the City and the Foundation shall enter into formal letters of agreement defining the payment terms from the City to the Foundation. VII. Representatives. The Parties understand that decisions called for in the MOU will be made by each party’s representative. For this MOU, the Parties’ contacts are: The Foundation: Janay Johnson, Executive Director janay@supportbozemanlibrary.org The City: Jon Henderson, Assistant City Manager Jon.henderson@bozemanmt.gov The Board: Susan Gregory, Director Susan.gregory@bozemanmt.gov VIII. No Partnership. Nothing in this MOU shall be deemed to constitute the creation of a formal business entity or partnership between the Parties. IX. Modification. Modifications to this MOU must be made by mutual written consent of the Parties. 539 Page 4 of 4 Children’s Room MOU X. Termination. Any Party may terminate this MOU at any time by providing 90 days’ written notice to the other Parties. If the MOU is terminated by the Foundation, the Foundation will be responsible up to, and not exceeding, the limit of one million dollars ($1,000,000) for any contract commitments made by the City that it has already entered into with a third-party. XI. Extensions. This MOU may, upon mutual agreement, be extended by written agreement of the Parties. XII. Consent to Electronic Signatures. The Parties have consented to execute this MOU electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. #### END OF MOU EXCEPT FOR SIGNATURES #### City of Bozeman ____________________________ DATE: __________ Chuck Winn, City Manager Bozeman Public Library Board of Trustees ____________________________ DATE: __________ Ken Spencer, Chair Bozeman Library Friends and Foundation ____________________________ DATE: __________ Janay Johnson, Executive Director 540 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney Jennifer A. Giuttari, Assistant City Attorney SUBJECT:Approve the 2025 Annual Ethics Report MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:I move to approve the 2025 Annual Ethics Report. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:On March 9, 2026, the Board of Ethics voted to approve the 2025 Annual Ethics Report. Sec. 2.03.600(A)(4) requires the Board to submit an annual report to the City Commission concerning its action in the preceding year. UNRESOLVED ISSUES:None identified. ALTERNATIVES:Not approve the 2025 Annual Ethics Report FISCAL EFFECTS:None Attachments: 2025 BOE Annual Report.FINAL.pdf Report compiled on: March 10, 2026 541 City of Bozeman Board of Ethics Report 2025 March 5, 2026 542 Board of Ethics Annual Report 2025 Page 2 of 11 Table of Contents Board of Ethics Summary …………………….………………………..…………………………. Page 3 Members…..……………………………………………………………………………… Page 3 Support Staff…………………………………………………………..…………...…… Page 3 Membership Details…………………………………………..…………………….. Page 3 Annual Report Overview…………………………………………………………… Page 4 Creation…………………………………………………………………….……………… Page 4 Duties and Responsibilities…………………………………………………………Page 5 2025 Report………………….…………….………………………………………………………..….Page 7 2025 Ethics Training …………………………………….……………………………….Page 7 Summary of the Board’s Decisions and Opinions..…….…………………..Page 7 Recommendations & Work Plan for 2025……………………………………..Page 8 Summary of City Attorney Decisions, Opinions, and Guidance……..Page 8 543 Board of Ethics Annual Report 2025 Page 3 of 11 Board of Ethics Summary Board Members: Sara Rushing - Chair Term expires July 31, 2027 srushing@bozeman.net Mark Bond Term expires July 31, 2027 mbond@bozeman.net Jim Drummond Term expires July 31, 2026 jdrummond@bozeman.net Staff: Mike Maas – City Clerk Administrative and Recording Services mike.maas@bozemanmt.gov Greg Sullivan – City Attorney Legal and Procedural Recommendations greg.sullivan@bozemanmt.gov Jennifer Giuttari – Assistant City Attorney Legal and Procedural Recommendations jennifer.giuttari@bozemanmt.gov Julie Derby – Executive Assistant Administrative Support julie.derby@bozemanmt.gov Cassandra Tozer – Human Resources Director Human Resource Recommendations cassandra.tozer@bozemanmt.gov Membership Details The Board of Ethics is established pursuant to Sec. 7.01(b) of the City of Bozeman’s Charter. The Board is made up of three members appointed by the City Commission for two-year terms. Members cannot be city elected officials, city employees, or currently serving on any other city board or commission. 544 Board of Ethics Annual Report 2025 Page 4 of 11 Annual Report1 The annual report of the Board is a way to inform the public, officials and city employees of what the Board has accomplished in the past year and report any decisions or opinions. The Bozeman Municipal Code Sec. 2.03.600 specifically states the board shall: 4. No later than December of each year, submit an annual report to the city commission concerning its action in the preceding year. The report shall contain: a. A summary of its decisions and opinions, both open and confidential; the board shall make any alterations in the summaries necessary to prevent disclosure of any confidential information pertaining to any individual or to any organization if the disclosure could lead to the disclosure of the identity of a person who is entitled to confidentiality; and b. Recommend any legislative or administrative actions regarding the city’s policies and practices which the board believes would or could enhance the ethical environment in which public servants work. Creation of the Board of Ethics 2008 Bozeman City Charter The Bozeman City Charter (the “Charter”) was proposed by the City of Bozeman’s 2004-2006 Local Government Study Commission and was approved by the voters at the November 7, 2006 general election. The Charter became effective on January 1, 2008. The Charter confers certain powers and restrictions and prescribes procedures and the City’s governmental structure. The Charter was created …to secure the benefits of local self-government and to provide for an honest and accountable commission-manager government. (Preamble, City of Bozeman Charter) Section 7.01(a) of the Charter states, among others, “the use of public office for private gain is prohibited.” Section 7.01 (b) of the Charter calls for the establishment of an independent Board of Ethics as well as the requirement for annual training and education of city officials, board members, and employees regarding the state and city ethics codes. Creation of the Board of Ethics 1 This report covers activities of the Board of Ethics through 12/31/2025. 545 Board of Ethics Annual Report 2025 Page 5 of 11 To establish a Board of Ethics (the “Board”) as required in the voter approved Charter, in 2007, the City Commission adopted Ordinance No. 1726 which provide guidelines for the creation of the board and other ethics-related content required in the Charter. These provisions are codified in the Bozeman Municipal Code at Chapter 2, Article 3, Division 4 (Sect. 2.03.460 et seq., BMC) and have been amended from time to time as the City continues to evolve the structure and programs related to ethics. Board Duties and Responsibilities Bozeman Municipal Code, Chapter 2, Article 3, Division 4 – Code of Ethics The Code of Ethics is an important component of the City’s efforts to ensure a culture of ethical decision making and service. As the declaration of policy section 2.03.460 states, The purpose of this code of ethics is to set forth standards of ethical conduct, to assist public officials and employees in establishing guidelines for their conduct, to foster the development and maintenance of a tradition of responsible, accountable and effective public service, and to prohibit conflict between public duty and private interest. Following are sections within the Code of Ethics directly related to the Board and a summary of each. Other sections within the Code of Ethics provide additional guidance for the Board and public related to ethics. Sec. 2.03.580 - Board of Ethics. This section defines the composition and terms of the Board, requirements for membership, and lists the support City staff provides. Ordinance 2025-02 amended this section to clarify how interim appointments occur, and who the city attorney represents when there is a conflict acting as a legal advisor for the Board. Sec. 2.03.600 - Duties and powers of the board. This section provides details about Board procedures related to meetings, conducting hearings, and reporting and establishing procedures for administration and implementation of the Code of Ethics. These duties include: • Evaluating all aspects of the Code of Ethics to ensure the public and all public servants have a reasonable opportunity and are encouraged to participate; 546 Board of Ethics Annual Report 2025 Page 6 of 11 • Developing a plan to educate public servants about their rights, duties and responsibilities; • Submit an annual report of summary decisions, opinions and recommended actions regarding ethical practices or policies; • Arrange for an annual workshop or training program for all employees, elected officials and board and committee members; and • Conduct hearings as needed. Ordinance 2025-02 amended this section by making organizational changes including the Board’s ability to investigate ethics complaints and appoint a hearing officer. Ordinance 2025- 02 also clarified the City Commission’s oversight of the board’s power to adopt procedural rules. Sec. 2.03.620 – Limitations on board’s power. This section explains in detail what limitations are placed on the Board and that the Board may refer a matter to the City Attorney for review. Ordinance 2025-02 clarified the Board’s limitations by including a non-exhaustive list of areas the Board does not have authority over such as budgetary, personnel, and legislative matters. In addition to the City’s Code of Ethics, the Board has jurisdiction over State of Montana Ethics laws. These provisions are codified in Title 2, Chapter 2, Part 1, MCA (Sect. 2-2-101, et seq., MCA). Sec. 2.03.640 – Procedures for Hearing Complaints. This section provides the procedures and standards for the filing and resolution of complaints. This section evolved with Ordinance 2025-02. 547 Board of Ethics Annual Report 2025 Page 7 of 11 2025 Year-End Report 2025 Ethics Training This year’s employee and elected and appointed officials ethics training curriculum was designed by a Steering and Training Committee made up of a team of City employees including Julie Derby, Mike Maas, Cassandra Tozer, Eilis Gehle Redmond, Alex Newby, Jamie Grabinski, Wendy Elgen, Jeffrey Hough, Jennifer Giuttari, Jill Miller, Yulia Newby, Jonathon O’Dougherty, Shana Wold, Hilary Woodard, and Tony Modugno. This team created ethics scenarios for ethics training. Variations of the training provided customization for employees and boards. During its October 14, 2025 meeting, the Board of Ethics approved the curriculum, which was provided to a team of employees serving as Ethics Trainers, employees from across the organization, who taught the course to City employees, the City Commission, and the City’s Advisory Boards. The City continues to require new employees, commissioners, and board members to complete ethics training shortly after hiring/appointment to help familiarize them with the Code. Summary of the Board’s Decisions, Opinions, and Actions This section of the Annual Report summarizes opinions or hearings that occurred during the year. In addition, this section provides information on other activities of the Board. The Board met on February 26, October 14, and December 15. The Board agendas are publicly noticed in advance of each meeting. Past Board meeting agendas are available in the City Documents Center on the City’s website. Video links to the Board’s meetings can be found on the City’s website under Commission Meeting Video (Past Meetings/Board of Ethics). During the February 2025 meeting, the Board voted to recommend the City Commission adopt the revised City of Bozeman Ethics Handbook, which was an item on the Board’s work plan. The Board also held a work session on substantive provisions of the Code. During the October 2025 meeting, the Board reviewed the ethics curriculum for both the staff and boards’ annual ethics training. The Board did not receive an ethics complaint in 2025, so no hearings occurred. 548 Board of Ethics Annual Report 2025 Page 8 of 11 Recommendations & Work Plan for 2025 The Board continued to make progress on the work plan it created in June 2024. The status of the Board’s work plan is as follows: • Adoption of procedural rules for hearing complaints. Completed on December 9, 2024. See Resolution 2024-01. • Updates to the Code of Ethics regarding opinions and complaints. On December 9, 2024, the Board voted to recommend the City Commission approve an ordinance amending the Code of Ethics related to ethics opinions and complaint procedures. An ordinance reflecting these changes was adopted by the City Commission on February 4, 2025, and became effective March 27, 2025. See Ordinance 2025-02. • Revise the Ethics Handbook. The Board included in its work plan an update of the Ethics Handbook. On February 26, 2025, the Board voted to recommend to the City Commission to approve the updated Bozeman Ethics Handbook. On May 13, 2025, the City Commission voted to approve Resolution 2025-18. • Meet with Board Chairs. The Board established a work plan item to meet with the chairpersons of the various City advisory boards. • Substantive Evaluation of the Code of Ethics. The Board established this work item to take a comprehensive look at whether the substantive standards of the code of ethics should be updated to reflect evolving best practices for local government. Specifically, the Board created a plan to review the Charter Sec. 7.01 – Conflicts of Interest; Board of Ethics, Sec. 2.03.640 – Declaration of policy, and Sec. 2.03.490 – Standards of Conduct. The Board’s analysis will include reviewing other relevant resources including, but not limited to, the Municipal Resource Service Center, the Council on Governmental Ethics Law, the Institute for Local Government, and the International City Managers Association. • Conduct a Mock Hearing. On March 30, 2026, staff will present the Board with an ethics mock hearing scenario. The purpose of the mock hearing is to provide an opportunity for the Board to become familiar with the procedures for conducting a complaint hearing. Summary of City Attorney Decisions, Opinions, and Guidance Pursuant to 2.03.630, BMC, the City Attorney’s Office may issue opinions. The City Attorney and Assistant City Attorneys routinely provide guidance to City Commissioners, appointed board members, and City staff on matters related to the City and State ethics codes. Below is a 549 Board of Ethics Annual Report 2025 Page 9 of 11 summary of some of the opinions and guidance provided by the City Attorney’s Office during 2025. In January, the City Attorney’s Office provided guidance that a City employee could participate as a member of a neighborhood association and as a representative of that neighborhood to the Interneighborhood Council (INC). The guidance recommended that should any issue come before either the neighborhood association or INC that was related to the employee’s job duties, the employee must recuse himself from participation. In February, the City Attorney’s Office provided guidance to a member of a City advisory board who at the time was also a member of INC related to conflicts of interest. In March, the City Attorney’s Office provided guidance related to conflicts of interest and the City’s purchasing policies. The guidance stated the City does not purchase from or contract with City employees. See 7-5-4109, MCA. In June, a department of the City was approached regarding participating in a privately led service project recognizing emergency responders. As part of the project, the City indicated the City’s involvement could not be directly related to advertising for the private entity. In addition, the sponsors intended to design a special hat with the department’s logo. The suggested guidance was that the hat would be auctioned, and the funds raised donated to charity. In July, the City Attorney’s Office provided guidance to a member of a City board who was interested in consulting for the City on a project. Guidance reflected the Charter’s prohibition on the use of public office for private gain and the conflicts of interest requirements at 2.03.520, BMC. In August, the City Attorney’s Office provided guidance to a member of a City advisory board whose personal work is related to a City Commission priority. The guidance was related to whether the board member could participate in their personal capacity before the City Commission on an agenda item that could, in the future, come before the member’s board. The guidance indicated that at the time of the City Commission discussion the member’s board was not directly involved in the issue so the member could speak on behalf of their employer. Guidance also indicated that should the member’s board become involved a conflict may exist. Also in August, a local foundation with direct connection to City services raised funds through a private company. The foundation requested whether the City could use the City’s social media to thank the private company. The guidance reflected that the City could use its resources to 550 Board of Ethics Annual Report 2025 Page 10 of 11 recognize the donation only once the Foundation had acted with the funds to directly benefit City services. In September, the City Attorney’s Office provided guidance to a current employee related to the post-employment requirements of 2.03.560, BMC. Also in September, the City Attorney’s Office provided guidance related to a gift of tickets to a City official for a local fundraising event. The guidance reflected the distinction between gifts given to a person because of their position with the City as opposed to gifts given in their personal capacity. See 2.03.540.F.1, BMC. The City official personally reimbursed the donor for the value of the tickets. In October, the City Attorney’s Office provided guidance similar to the guidance discussed in January for an advisory board member’s role and their personal interest related to INC. The guidance was the same: if a conflict arises between the board member’s duties to the City and their personal role with INC, the board member must recuse themselves from participating as a member of either INC or the board. Depending on the nature of the conflict, recusal from both may be required. Also, in October, the City Attorney’s Office provided guidance to an employee who was interested in consulting for a non-City client on subject matters similar to what they do for the City. The guidance reflected that the employee should be cognizant of the risk of a conflict as the employee decides upon which work to accept. In addition, the guidance reflected that the employee should receive approval under the City’s human resource policies related to outside employment. In addition, the City Attorney’s Office provided guidance to City Commissioners related to conflicts of interest and disclosures. The general approach is that even if a conflict does not exist, City Commissioners can always disclose relationships that could be perceived as a conflict. Such disclosures are made on the record during Commission meetings. During 2025, the City Attorney’s Office provided guidance on several issues related to acceptance of gifts. For example, in March of 2025, guidance was provided to a department when a vendor provided coffee mugs without notice. The department turned the gifts over to the Human Resources Department. In another circumstance, a local company was given funds by an anonymous donor to provide gift cards in the amount of $100 to a department in recognition of the department’s service to the community. The City Attorney’s Office determined accepting the gift cards would not constitute a violation of the gift provision because the donor of the cards was anonymous and thus did not place employees who would 551 Board of Ethics Annual Report 2025 Page 11 of 11 receive the card under obligation and acceptance would not entice the employee to depart from their duties. In addition, the gift cards were provided to employees through a random drawing of all employees in the department. The guidance was based on the legislative intent of the gift provision: recognizing the importance of establishing relationships with the community. 552 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Acknowledging the Receipt of a Petition to Change the Name of Graf Street to East Graf Street MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Administration RECOMMENDATION:Consider the Motion: The commission acknowledges receipt of a petition to change the name of Graf Street to East Graf Street and forwards the petition on to Staff for review in accordance the requirements and process outline by Resolution 3628. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:Resolution 3628 Adopting a Rule of Procedure for the Change of Name of Streets and the Discontinuance, Abandonment or Vacation of Streets or Alleys outlines the process for changing the name of a street. This item is the first step in that process. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the commission. FISCAL EFFECTS:None. Attachments: Application for street or alley name change South Meadow Condos draft.pdf Report compiled on: March 11, 2026 553 APPLICATION FOR STREET/ALLEY NAME CHANGE 1. Name: _Brian LaMeres for South Meadow Condominium Owners Association_____________________________________________________ 2. Address and Phone Number: __3300 Graf Street Unit 73, Bozeman MT 59715 (406) 539-1443____________________________________________________ 3. Written description of street/alley to be renamed: Generally asking for Graf Street east of Tracy Avenue division line to be renamed East Graf Street. Specifically asking for South Meadow’s address of 3300 Graf Street to be renamed 3300 East Graf Street. 4. Attach a map/design of proposed vacation showing the following: a. Location in City (please SEE BELOW) b. Street/alley to be renamed c. Proposed name change d. Applicant’s property e. Adjacent property owners f. Location of utilities g. Adjacent buildings/fixtures 5. Names and addresses of adjacent property owners to proposed street/alley name change: Name Address South Meadow Condominiums 3300 Graf Street, Bozeman MT 59715 6. ATTACH SIGNED CONSENT LETTERS FROM EACH ADJACENT PROPERTY OWNER. 7. A list of all street names similar to the proposed street name. Graf Street, West Graf Street 554 8. Attach statement from utility companies indicating consent, consent with conditions (stating conditions), or object to proposed vacation 9. Attach title report showing all ownership interests and easements in property abutting proposed vacation. NON-REFUNDABLE APPLICATION FEE (FOR SIMPLE STREET/ALLEY RENAMING) Public Service: $60.00 City Clerk: $75.00 Police: $25.00 Fire $25.00 Planning: $10.00 Total: $195.00 ***Additional fees may be applied to more complex street renaming requests. Submission of Application for Street/Alley renaming in no way obligates the City to rename the proposed street or alley. The ultimate decision for renaming is made by the City Commission, based on if proposed renaming is in the public’s best interest. 555 556 South Meadow3300 Graf Street 557 South Meadow 558 96 South Meadow NORTH 90 91 94 95 96 37 88 89 39 40 44 45 38 43 42 41 100 99 98 97 93 92 87 86 79 80 81 82 83 84 85 74 73 72 71 66 65 64 63 62 61 58 57 54 53 52 51 50 49 48 47 46 8 7 6 5 4 3 2 1 11 12 15 16 17 18 21 22 25 52 26 29 30 35 5 36 78 77 76 75 70 69 68 67 60 59 56 55 9 10 13 14 19 20 23 24 27 28 31 32 33 34 Graf Street 559 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize the City Manager to Sign a Use License Agreement with RTR Holdings II for South University District Park MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to Sign Use License Agreement with RTR Holdings II for South University District Park STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:RTR Holdings II is performing construction on South University District Park Phase 2 (SUD Park) to achieve compliance with Section 38.420 UDC - Park and Recreation Requirements for Site Plan applications within South University District subdivision. This use license authorizes them to work in the city owned parkland and ensures restoration of adjacent parkland upon completion. The construction authorized is in compliance with the Park Master Plan for Southwood Park. The improvements being performed by RTR will also achieve compliance with Section 38.420 UDC for the remaining SUD Subdivision lots. UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission FISCAL EFFECTS:NA Attachments: Southwood-Park_License-Agreement-2026.pdf Exhibit A - Phase 3 Plat.pdf Exhibit B - Phase 2 Plat.pdf Exhibit C - Construction Drawing.pdf Exhibit D - Phase 1 approval letter.pdf Report compiled on: March 10, 2026 560 561 562 563 564 565 566 567 568 569 570 571 572 Exhibit A - Phase 3 Plat 573 Exhibit B - Phase 2 Plat 574 GWCGWCRRREF.BEDROOM BBATH BKITCHENLIVING REF.REF.WHREF.WHREF.WHREF.REF.WHHALFBATH LIVINGBEDROOM BBATH BKITCHENLIVINGKITCHENPANTRYDINING HALFBATHLIVING BEDROOM BBATH B KITCHENLIVINGKITCHENPANTRYDININGHALFBATHLIVINGKITCHENPANTRYDININGHALFBATHLIVINGKITCHENPANTRYDINING FIRERISERREF.REF.WH REF.WH REF.WH REF.REF.WHBEDROOM B12'-7" x 10'-9"BATH B11'-0" x 5'-6"KITCHEN8'-0" x 10'-5"LIVING14'-11" x 15'-4"BEDROOM B12'-7" x 10'-9"BATH B11'-0" x 5'-6"KITCHEN8'-0" x 10'-5"LIVING14'-11" x 15'-4"HALFBATH3'-0" x 7'-4"LIVING14'-11" x 15'-4"KITCHEN11'-7" x 15'-11"PANTRY3'-0" x 4'-10"DINING11'-7" x 11'-6"HALFBATH3'-0" x 7'-4"KITCHEN11'-7" x 15'-11"PANTRY3'-0" x 4'-10"LIVING14'-11" x 15'-4"DINING11'-7" x 11'-6"HALFBATH3'-0" x 7'-4"KITCHEN11'-7" x 15'-11"PANTRY3'-0" x 4'-10"LIVING14'-11" x 15'-4"DINING11'-7" x 11'-6"HALFBATH3'-0" x 7'-4"LIVING14'-11" x 15'-4"KITCHEN11'-7" x 15'-11"PANTRY3'-0" x 4'-10"DINING11'-7" x 11'-6"FIRERISER REF.REF.WHREF.WHREF.WHREF.REF.WHHALFBATHLIVINGBEDROOM BBATH BKITCHENLIVINGKITCHENPANTRYDINING HALFBATHLIVINGBEDROOM BBATH BKITCHENLIVINGKITCHENPANTRYDININGHALFBATHLIVINGKITCHENPANTRYDININGHALFBATHLIVINGKITCHENPANTRYDINING FIRERISERPORCH GARAGEGARAGEUPDWCLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM ACLOSETWHBATH AKITCHENREF.PAN.REF.PAN.CLOSET DWCLOSET LIVINGROOMFOYERPORCHBEDROOM A CLOSETWHBATH AKITCHEN REF.PAN.KITCHENREF.PAN.D W CLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM ABATH ADW CLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM BBATH BBEDROOM A BATH ATOILETCLOSETWHWHHVACHVACKITCHENREF.PAN.KITCHENREF.PAN.D W CLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM ABATH ADW CLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM BBATH BBEDROOM A BATH ATOILETCLOSETWHWHHVACHVACKITCHENREF.PAN.KITCHENREF.PAN.D W CLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM ABATH ADW CLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM BBATH BBEDROOM A BATH ATOILETCLOSETWHWHHVACHVACKITCHENREF.PAN.KITCHENREF.PAN.DWCLOSET CLOSETLIVINGROOMFOYERPORCHBEDROOM A BATH ADWCLOSETCLOSETLIVINGROOMFOYERPORCH BEDROOM BBATH BBEDROOM ABATH A TOILETCLOSETWHWHHVACHVACKITCHENREF.PAN.KITCHENREF.PAN.DWCLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM ABATH ADWCLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM BBATH BBEDROOM ABATH ATOILETCLOSETWHWHHVACHVACKITCHENREF.PAN.KITCHENREF.PAN.DWCLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM ABATH ADWCLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM BBATH BBEDROOM ABATH ATOILETCLOSETWHWH HVACHVACKITCHENREF.PAN.KITCHENREF.PAN.DWCLOSETCLOSET LIVINGROOMFOYERPORCHBEDROOM ABATH A DWCLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM B BATH BBEDROOM ABATH ATOILETCLOSET WHWHHVACHVACKITCHENREF.PAN.KITCHENREF.PAN.DWCLOSETCLOSET LIVINGROOMFOYERPORCHBEDROOM A BATH ADWCLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM BBATH BBEDROOM ABATH ATOILETCLOSETWHWHHVACHVACKITCHEN REF.PAN.KITCHENREF.PAN.DWCLOSETCLOSET LIVINGROOMFOYERPORCHBEDROOM A BATH AD KITCHENWCLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM B BATH B BEDROOM ABATH A TOILETCLOSETWHWH HVACHVACREF.PAN.KITCHEN REF.PAN.DWCLOSETCLOSETLIVINGROOMFOYER PORCHBEDROOM ABATH ADKITCHENWCLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM BBATH BBEDROOM ABATH ATOILETCLOSETWHWHHVACHVACREF.PAN.KITCHENREF.PAN.DWCLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM ABATH ADKITCHEN WCLOSETCLOSETLIVINGROOMFOYER PORCHBEDROOM BBATH BBEDROOM ABATH ATOILETCLOSETWHWHHVACHVAC REF.PAN.KITCHENREF.PAN.DWCLOSETCLOSETLIVINGROOMFOYER PORCHBEDROOM ABATH ADKITCHENWCLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM BBATH BBEDROOM ABATH ATOILET CLOSETWHWHHVACHVAC REF.PAN.KITCHENREF.PAN.DWCLOSETCLOSET LIVINGROOMFOYERPORCHBEDROOM A BATH AD KITCHENWCLOSETCLOSETLIVINGROOMFOYERPORCHBEDROOM B BATH B BEDROOM ABATH A TOILETCLOSETWHWH HVACHVACREF.PAN.KITCHEN REF.PAN.LIVINGROOMKITCHEN PORCH BEDROOM ACLOSETREF.PAN.UP BATH A LIVINGROOM PORCH LIVINGROOMPORCHKITCHENREF.KITCHENREF.BEDROOM ACLOSETPAN.UPBATH A BEDROOM ACLOSET PAN.UPBATH ALIVINGROOMPORCHLIVINGROOMPORCHKITCHENREF.KITCHENREF.BEDROOM ATESOLCPAN.UPBATH ABEDROOM ACLOSETPAN.UP BATH AGARAGEGARAGEGARAGEGARAGEPORCHUP PORCHGARAGEGARAGEUP GARAGEGARAGEGARAGEGARAGEPORCHUPPORCHGARAGE GARAGEUPHALFHTAB3'-0" x 7'-4"LIVING14'-11" x 15'-4"REF.BEDROOM B12'-7" x 10'-6"BATH B11'-0" x 5'-8"KITCHEN8'-0" x 10'-5"LIVING14'-11" x 15'-4"HALFBATH3'-0" x 7'-4"REF.BEDROOM B12'-7" x 10'-6"B HTAB11'-0" x 5'-8"KITCHEN"5-'01 x "0-'8LIVING14'-11" x 15'-4"KITCHEN11'-7" x 15'-11"REF.WHPANTRY3'-0" x 4'-10"KITCHEN11'-7" x 15'-11"WHPANTRY"01-'4 x "0-'3GNIVIL14'-11" x 15'-4"DINING11'-7" x 11'-6"DINING11'-7" x 11'-6"REF.FIRERESIRSSSSSSSSSSSSSSSSSSWWWWWWWWWW SSSSWSDSDDSSD SD SD SD SD WWWWWWWWSSEHOOHEOHEOHEEHOEHOEHOEHOEHOOHEEHOOHESSSSSSSSSSSSSSSSSSSSSSSSWSS SD SD SD SD SDCOMM COMM COMM COMM COMM COMM COMMW WSD Y3Y3Y3Y3P3SDSDSDDSSDSDSDSD SD SDSDSDSDUGE UGEUGEUGEPUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGESD WWWWWWWWWWW4940493849394941494249434944*********************SSW W SDSDEXISTINGTRAILS (TYP)4940 4941 494 2 4939 4938 4937 49364935 4934 4933 SSSIO4952 495 5 4953 4954 4951495049494948494549474946494249434944495 6 49 5 7 4958 4959 496 0 496 1 4 9 5 6 4 9 5 5 4 9 5 4EXISTINGTRAILS (TYP)UGEUGESS SS SSSSSSSSSSSSSSSSSSSSSSSS SS SSWWWWWWWWWWWWWWWSSSTORM BASIN SSWSTORMBASINEGU>>>>>>>>>>>>>>>>>>>>>>>>>>>>WREF.PAN.COATPORCHLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"REF.PAN.COATPORCHLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"REF.PAN.COATPORCHLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"REF.PAN.COATPORCHLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"REF.PAN.COATLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"REF.PAN.COATLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"REF.PAN.COATLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"REF.PAN.COATLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"REF.PAN.COATLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"REF.PAN.COATLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"REF.PAN.COATLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"REF.PAN.COATLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"REF.PAN.COATLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"REF.PAN.COATLIVING ROOM15'-6" x 11'-6"DINING11'-8" x 7'-3"KITCHEN10'-9" x 8'-8"GARAGE GARAGEGARAGEGARAGE UPUPPORCHPORCH1 BR CARRIAGEHOUSE (B)1 BR CARRIAGEHOUSE (B)1 BR COTTAGEL TWIN ALT. (F)3 BR COTTAGETWIN (R)3 BR COTTAGE(Q)3 BR COTTAGETWIN (R)1 BR CARRIAGEHOUSE (A)1BR & 2 BRCOTTAGE TWINALT (K)1BR & 2 BRCOTTAGE TWINALT (K)1BR & 2 BRCOTTAGE TWINALT (K)1BR & 2 BRCOTTAGE TWINALT (K)2 BRTOWNHOUSE 6UNIT ALT1(X-6A1)2 BRTOWNHOUSE 4UNIT (X-4)2 BRTOWNHOUSE 6UNIT (X-6)2 BRTOWNHOUSE 6UNIT (X-6)1 BR CARRIAGEHOUSE TRIPLEX(V)1 BR CARRIAGEHOUSE TRIPLEX(V)1 BR COTTAGEL TWIN (E)3 BRESUOHNWOTNIWTREDNUKCUT)GZ(RB 3ESUOHNWOTTWINREDNUKCUT)GZ(RB 3ESUOHNWOTTWINREDNUKCUT(ZG)3 BRESUOHNWOTNIWTREDNUKCUT)GZ(3 BRESUOHNWOTNIWTREDNUKCUT(ZG)2 BRTOWNHOUSETWINTUCK-UNDER(ZE)2 BRTOWNHOUSETWINTUCK-UNDER(ZE)1 & 2 BRCOTTAGE TWIN(J)1 & 2 BRCOTTAGE TWIN(J)1 & 2 BRCOTTAGE TWIN(J)1 & 2 BRCOTTAGE TWIN(J)1 & 2 BRCOTTAGE TWIN(J)1 & 2 BRCOTTAGE TWIN(J)1BR & 2 BRCOTTAGE TWINALT (K)1 & 2 BRCOTTAGE TWIN(J)1 & 2 BRCOTTAGE TWIN(J)UNIT 30AUNIT 30BUNIT 30CUNIT 30DUNIT 33AUNIT 33BUNIT 33CUNIT 33DUNIT 34AUNIT 34BUNIT 34CUNIT 34DUNIT 30EUNIT 30FUNIT 33EUNIT 33FUNIT 34EUNIT 34FUNIT38AUNIT38BUNIT38CUNIT38DUNIT 31AUNIT 31BUNIT 32AUNIT 32BUNIT 28AUNIT 28BA58 TINUB58 TINUUNIT 88AUNIT 88BA09 TINUB09 TINUA29 TINUB29 TINUA59 TINUB59 TINUUNIT 97AUNIT 97BA001 TINUB001 TINUUNIT29AUNIT29BUNIT82BUNIT 83AUNIT 83BUNIT 84AUNIT 84BUNIT 86AUNIT 86BUNIT 87AUNIT 87BUNIT 89AUNIT 89BUNIT 91AUNIT 91BUNIT 93AUNIT 93BUNIT 94AUNIT 94BUNIT 96AUNIT 96BUNIT 98AUNIT 98BUNIT 99AUNIT 99BUNIT 101AUNIT 101BUNIT102AUNIT102BUNIT103AUNIT103BUNIT 32CUNIT 35AUNIT 35BUNIT 35CUNIT 37UNIT39FUNIT 36AMUAMUAMUAMUAMUAMUSIOSIOSIO8'8'8'8'8'UGEUGEUGEUGEUGEUGE4945'4945'4940'4950'4955' 49 6 0 ' 4 9 5 5 '4950'4940'4955'STUCKY RD.SOUTH 17TH AVE. SOUTH 14TH AVE.ARNOLD ST.CITY PARK 29.64 ACSUD LOT 1BLOCK 318.85 AC CITY PARK 41.83 ACCITY PARK 14.41 ACCITY PARK 313.36 ACSUD LOT 1 BLOCK 2 9.64 AC SUD LOT 1 BLOCK 4 11.89 AC PROJECT DATASOUTH UNIVERSITY DISTRICTSOUTHWOOD PARKCITY PARK 3PLAT J-695ACRES: 13.36PROJECT OWNERRTR II HOLDINGS, LLCBob EmeryRandy Hecht1007 East Main Street, Suite 202Bozeman, MT 59715ENGINEERSTAHLY ENGINEERING & ASSOCIATES, INC.Zach Lowe851 Bridger Drive, Suite #1Bozeman, MT 59715(406) 522 - 8594LANDSCAPE ARCHITECTDESIGN 5, LLCTroy Scherer111 N. TracyBozeman, MT 59715(406) 587 - 4873ELECTRICAL ENGINEERCUSHING TERRELLAlan Bronec306 W. Railroad St., Ste. 104Missoula, MT 59802+1.406.728.9522SHEET INDEXL000- SITE PLANL001- HARDSCAPE NOTES AND LEGENDSL002- LANDSCAPE NOTES AND LEGENDSL100- HARDSCAPE & GRADING PLANL101- HARDSCAPE & GRADING PLANL102- HARDSCAPE & GRADING PLANL103- HARDSCAPE & GRADING PLANL104- STAHLY CIVIL ENGINEERING PLANL200- HARDSCAPE DIMENSION PLANL201- HARDSCAPE DIMENSION PLANL300- LANDSCAPE PLANL301- LANDSCAPE PLANL302- LANDSCAPE PLANL303- LANDSCAPE PLANL304- LANDSCAPE PLANL400- LIGHTING CUT SHEETSL500- LANDSCAPE DETAILSL501- LANDSCAPE DETAILSL502- LANDSCAPE DETAILSL503- LANDSCAPE DETAILSL504- PLAYGROUND DETAILSL600- IRRIGATION WATER USE ESTIMATE - MUNICIPALC7.4 PARK TRAIL AND BRIDGE DETAILE001- ELECTRICAL ONE LINE, LEGEND, & SCHEDULESE002- ELECTRICAL SPECIFICATIONSE300- ELECTRICAL SITE PLANBOZEMAN, MONTANA CODE OF ORDINANCESSOUTH UNIVERSITY DISTRICT - SOUTHWOOD PARKDROUGHT TOLERANT SPECIES- REQUIRED: LANDSCAPE PLAN MUST PROVIDE 75% OR GREATER OF THE PROPOSEDTREES AND SHRUBS AS DROUGHT TOLERANT SPECIES.- PROVIDED: THE OVERALL LANDSCAPE PLAN ON SHEET L300 PROVIDES 77% OF THEPROPOSED TREES AND SHRUBS AS DROUGHT TOLERANT SPECIES FOR PLANTINGSON SITE. SEE SHEET L001 & L002 FOR PLANT SCHEDULES THAT IDENTIFY ALLPROPOSED DROUGHT TOLERANT TREES AND SHRUBS.STORMWATER POND LANDSCAPING- REQUIRED & PROVIDED: ALL STORMWATER RETENTION/DETENTION FACILITIES AREDESIGNED AS LANDSCAPE AMENITIES. AT LEAST 75% OF THE SURFACE AREAS ARECOVERED WITH LIVE VEGETATION AND GROUPINGS OF BOULDERS ARE INCLUDED TOCREATE A FUNCTIONAL, YET NATURAL SITE FEATURE.STREET FRONTAGE LANDSCAPINGSTREET FRONTAGE FOR STUCKY ROAD: SEE SUBDIVISION PLATSTREET FRONTAGE FOR SOUTH 17TH AVENUE: 1,106.42 LF = 22 TREES (131.08 IN CONFLICT)STREET FRONTAGE FOR SOUTH 14TH AVENUE: 162.21 LF = 3 TREESSTREET FRONTAGE FOR ARNOLD STREET: 804.23 LF = 16 TREES- REQUIRED: ONE LARGE CANOPY TREE FOR EACH 50 FEET OF TOTAL STREETFRONTAGE ROUNDED TO THE NEAREST WHOLE NUMBER.- PROVIDED:--SEE SUBDIVISION PLAT FOR STUCKY ROAD-- 22 TREES FOR SOUTH 17TH AVENUE-- 3 TREES FOR SOUTH 14TH AVENUE-- 16 TREES FOR ARNOLD STREETWATERCOURSE SETBACK LANDSCAPING- REQUIRED & PROVIDED ZONE 1: ZONE 1 MUST BE PLANTED WITH NEW OR EXISTINGNATIVE MATERIALS. 100% OF THE DISTURBED AREAS OF ZONE 1 MUST BE PLANTEDWITH A GROUND COVER OF NATIVE RIPARIAN SEDGES, FORBS AND GRASSES SUITEDFOR THE AREA. IN ADDITION, A MINIMUM OF ONE SHRUB FOR EVERY TEN LINEAR FEETAND ONE TREE FOR EVERY THIRTY LINEAR FEET OF THE WATERCOURSE IS REQUIRED.-- TOTAL LINEAR FEET OF ZONE 1 WATERCOURSE SETBACK = 1660.22 LF-- REQUIRED & PROVIDED: 166 TOTAL SHRUBS, 63 TOTAL TREES- REQUIRED & PROVIDED ZONE 2: DISTURBED AREAS OF ZONE 2 MUST BE PLANTEDWITH NEW OR EXISTING NATIVE GRASSES SUITED FOR THE AREA.SitePlanL 00070350140N1L0001" = 70'-0"Site Plandesign5la.com406.587.4873dateissuedrawn by:checked by:lename:z:\sud park master plan\autocad\01_sheets\l000_sud-park_landscape.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev11ENLARGEMENT:SHEET L100 & L300ENLARGEMENT:SHEET L101 & L301ENLARGEMENT:SHEET L102 & L302ENLARGEMENT:SHEET L103 & L303ENLARGEMENT:SHEET 1/L304VICINITY MAP:STUCKY ROADS. 19TH AVE PROJECT SITEW. GRAF ST.S. 11TH AVE.W. KAGY BLVD.ENLARGEMENT:SHEET 2/L3041PARK BOUNDARYKEYNOTES - L0002GREAT LAWN3FOOD TRUCK PICNIC AREA4FUTURE BRIDGE CROSSING LOCATION5FUTURE BOZEMAN BANDSHELL STAGE6FUTURE ALL WHEELS PARK AREA7PLAY LAWN8PLAYGROUND AREA9PAVILION10DOG PARK11WETLAND AREA112345788910111111612WATERCOURSE BRIDGE CROSSING13LANDSCAPE BERM14CONCRETE SIDEWALK15CRUSHER FINES TRAIL141315141214131515111116STORMWATER POND161617EXISTING PARK TRAILS1717171818EXISTING PAVILIONPark RequirementsNET RESIDENTIAL LAND AREA (ACRES)REQUIRED PARKLAND UP TO 8 DU/ACPROVIDED PARKLAND - GROSS (ACRES)PROVIDED PARKLAND - QUALIFYING (ACRES)EQUIVALENT CASH ORIMPROVEMENTS-IN-LIEU OWEDBALANCE ACREAGE (ACRES)CASH OR IMPROVEMENTS-IN-LIEUOWED FOR 8-12 DU/ACEQUIVALENT CASH ORIMPROVEMENTS-IN-LIEU OWEDPARKLAND APPRAISAL VALUE ($ PER SF)TOTAL CASH OR IMPROVEMENTS-IN-LIEU OWEDVALUE OF IMPROVEMENTS-IN-LIEU PROPOSEDVALUE OF CASH-IN-LIEU PROPOSED47.54 ac11.38 ac13.36 ac7.82 acSHORTAGEOF 3.56 ac$403,3685.69 ac$644,489$2.60$964,473$146,601$1,047,857SUD Phase 3(Lot 1 Block 1; Lot 1, Block 2; Lot 1,Block 3; Lot 1, Block 4)919(3) ADA ACCESSIBLE VAN PARKING SPACES19ENLARGEMENT:SHEET L201ENLARGEMENT:SHEET L200GRAND TOTAL CIL & IIL PROVIDED$1,114,7391Phase 1 Construction CompletedExhibit C - Construction Drawings575 SYMBOLDESCRIPTIONPRODUCTQUAN.CRUSHERFINES TRAIL1,370LF5' WIDTH CLASS II CRUSHER FINES TRAIL, TOMEET CITY STANDARD IDENTIFIED IN BOZEMANUDC; 3" DEPTH 38" MINUS COMPACTED GRAVEL;SEE SHEET L500: DETAIL 114" CONCRETESIDEWALKS14,180SF6' WIDTH CONCRETE SIDEWALK & FURNITUREAREAS (4" THICK WITH BROOM FINISH)SEE CIVIL FOR DETAILS; SEE SHEETL501: DETAIL 1ROUNDEDLANDSCAPEBOULDERSROUNDED FLATWILLOW LANDSCAPE BOULDERS;2'-3' WIDTH & LENGTH; SEE SHEET L500: DETAIL 8ENGINEERED WOOD FIBER SAFETY SURFACING;MIN. 12" DEPTH, INSTALL AND COMPACT PERMANUFACTURER'S SPECIFICATIONSSEE SHEET L501: DETAIL 45,885SFENGINEEREDWOOD FIBERPLAYGROUNDSURFACINGPEDESTRIANBRIDGEPREFABRICATED PEDESTRIAN TRUSS BRIDGE;6' WIDTH X 20' SPAN WITH 42" RAIL;WEATHERING STEEL TRUSS & CONCRETEDECK; CONCRETE ABUTMENTS BY OTHERS;DESIGN TO COMPLY WITH CITY OF BOZEMANUNIFIED DEVELOPMENT CODE;SEE SHEET L502: DETAILS 9-11BY CONTRACTORHIGH WATER LANDSCAPINGNATHAN HOUSER17TOTAL6" CONCRETEDRIVE AREA3,940SF10' WIDTH DRIVEABLE CONCRETE SIDEWALK(6" THICK WITH BROOM FINISH)SEE CIVIL FOR DETAILS; SEE SHEETL501: DETAIL 26" WIDTH X 18"DEPTH POURED CONCRETEPLAYGROUND CURB WITH 14" BULL NOSE EDGESSEE SHEET L501: DETAIL 3127LFCONCRETEPLAYGROUNDCURBPERPLAN1TOTALDOG PARKFENCING4'-6" HEIGHT TIMBER & WELDED WIRE PANELFENCE; TIMBER TO BE ROUGH SAWN CEDAR;SEE SHEET L501: DETAILS 5 & 6820 LFCONTACTBY CONTRACTORBY CONTRACTORBY CONTRACTOR(OR APPROVED EQUAL)ZEAGER BROS, INC.MIDDLETOWN, PA 17057800-346-8524BY CONTRACTORSELECT STONEGALLATIN GATEWAY, MT 59730406-763-3028BY CONTRACTORFOREVERREDWOOD18'X26' TOLEDOPAVILIONPREFAB 18'X26' TIMBER PAVILION; THE THICKTIMBER TOLEDO STYLE; RECLAIMED MOSAICDOUGLAS FIR WITH (6) 8"X8" TIMBER POSTS;ELECTRICAL WIRING TRIM KIT; GALE WINDANCHOR KIT FOOTINGS; INSTALL PERMANUFACTURER SPECIFICATIONS; SEE SHEETL503: DETAILS 1, 3, & 4FOREVER REDWOOD33732 ANNAPOLIS RD.ANNAPOLIS, CA 95412866-332-24031TOTALFOREVERREDWOOD14'X40' TOLEDOPAVILIONPREFAB 14'X40' TIMBER PAVILION; THE THICKTIMBER TOLEDO STYLE; RECLAIMED MOSAICDOUGLAS FIR WITH (8) 8"X8" TIMBER POSTS;ELECTRICAL WIRING TRIM KIT; GALE WINDANCHOR KIT FOOTINGS; INSTALL PERMANUFACTURER SPECIFICATIONS; SEE SHEETL503: DETAILS 1, 3, & 41TOTALFOREVER REDWOOD33732 ANNAPOLIS RD.ANNAPOLIS, CA 95412866-332-2403NATURALSTEEL EDGING316" X 4" NATURAL STEEL EDGING;SEE SHEET L501: DETAIL 976 LFBY CONTRACTORPER PLANCONTACTSYMBOLDESCRIPTIONQUAN.PRODUCTSITE AMENITY SCHEDULE6' BENCHLANDSCAPE FORMS GLIDE BENCH; MATERIAL:LOLL DESIGNS HDPE; SURFACE MOUNT;MODEL #BP400-03; (5) IN COLOR LEAF GREEN;(5) IN COLOR SUNSET ORANGE; (2) IN COLORCHARCOAL GRAY; SEE SHEET L502: DETAIL 2BIKE RACKLANDSCAPE FORMS RIDE BIKE RACK; SURFACEMOUNT; MODEL #RI665-01; POWDERCOATEDMETAL METALLIC, COLOR STEEL; SEE SHEETL502: DETAIL 6LANDSCAPE FORMSBRYCE WARD269-276-4433brycew@landscapeforms.comTRASH &RECYCLINGRECEPTACLETRASH & RECYCLE CART GARAGE #CG65;TRASH: BLACK FRAME, RECTANGLE OPENING,LABEL "TRASH"; RECYCLING: FIR GREENFRAME, ROUND OPENING, LABEL "MIXEDRECYCLING"; SEE SHEET L501: DETAIL 7PET WASTESTATIONPET WASTE CO. DOG WASTE STATION WITHPINCH-N-PULL BAG SYSTEM; MODEL#PWC-022-BLK; MATTE BLACK COLOR;IN-GROUND MOUNT; SEE SHEET L502: DETAIL 3SECURRGUASTI, CA 91743888-671-7066SALES@SECURR.COMLANDSCAPE FORMSBRYCE WARD269-276-4433brycew@landscapeforms.comPET WASTE CO.1-800-738-7940www.petwasteco.com11115RECTANGULARPICNIC TABLEW/ BENCHESLOLL 82" ALFRESCO TABLE & (2) 68" ALFRESCOBENCHES; MATERIAL: HDPE; SURFACE MOUNT;MODEL #AL-T82-CG & #AL-B68-CG; (1) IN COLORLEAF GREEN; (1) IN COLOR SUNSET ORANGE; (3)IN COLOR CHARCOAL GRAY; SEE SHEET L502:DETAIL 5LOLL DESIGNSDULUTH, MN 55807877-740-33875ADIRONDACKCHAIRSLOLL ADIRONDACK CHAIR (FLAT); MATERIAL:HDPE; MODEL #AD-4SFC-CG; SUFACE MOUNTWITH 8" CONCRETE FOOTING; (4) IN COLORLEAF GREEN; (4) IN COLOR SUNSET ORANGE;(3) IN COLOR CHARCOAL GRAY; SEE SHEETL502: DETAIL 111NOTE:2TRASH2RECYL.RLOLL DESIGNSDULUTH, MN 55807877-740-3387COLLAPSIBLEBOLLARD32" HEIGHT MAXIFORCE COLLAPSIBLEBOLLARD W/ CONCRETE FOOTING; POWDERCOAT; MODEL #MCSP-SS1-S-PC; COLOR TO BEBLACK MATTE; SEE SHEET L502: DETAIL 7MAXIFORCESYKESVILLE, MD 21784410-552-9888sales@maxiforcebollards.com6PRIMARY PARKSIGNAGESIGNAGE TO DISPLAY PARK NAME AND PARKINFORMATION. SIGNAGE TO BE SELECTED BYOWNER AND COMPLY WITH CITY OF BOZEMANWAYFINDING STANDARDSSEE SHEET L502: DETAIL 82SYMBOLDESCRIPTIONQUAN.PRODUCTSIGNAGE SCHEDULENOTE:1.PARK SIGNAGE TO BE SELECTED BY OWNER AND COMPLY WITH CITY OF BOZEMANWAYFINDING STANDARDS. CITY OF BOZEMAN TO VERIFY FINAL SIGNAGE DESIGN & LOCATION.EDUCATIONALSIGNEDUCATIONAL SIGN BY THE GALLATINWATERSHED COUNCIL; CONTACT: HEATHERPRIEST (HEATHER@GALLATINWATERSHEDCOUNCIL.ORG & 406-560-4425);SEE SHEET L502: DETAIL 42GWCCONTACTSYMBOLDESCRIPTIONQUAN.PRODUCTSITE AMENITY SCHEDULEPLAY EQUIPMENTNOTE:1.***PLAY STRUCTURES AND AMENITIES SELECTED ARE RECOMMENDED BY LANDSCAPE ARCHITECT & ARE SUBJECT TO CHANGEPER OWNER'S REQUEST. ALL PLAN CHANGES TO BE REVIEWED AND APPROVED BY THE PARKS DEPARTMENT PRIOR TO INSTALL.2.ALL AMENITIES TO BE AS SPECIFIED OR APPROVED EQUAL.3.ALL AMENITIES TO BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS.4.PLAYGROUND EQUIPMENT TO BE INSTALLED OVER ENGINEERED SAFETY SURFACING. DEPTH OF SURFACING MATERIAL TO BEDETERMINED BY A CERTIFIED PLAYGROUND SAFETY INSPECTOR BASED ON THE REQUIREMENTS OF THE PLAY EQUIPMENT THATIS SELECTED.5.AMENITIES ARE CONCEPTUAL AND SUBJECT TO CHANGE ACCORDING TO COMMUNITY DESIGN GUIDELINES.SINGLE BAYSWING 8' W/BASKETKOMPAN SINGLE BAY SWING 8' WIDTH BASKET;MODEL #KSW92008-0910; IG90 100 DEGREESROPE BLACK, GREY; INSTALL PERMANUFACTURER'S SPECIFICATIONS; SEESHEET L400 FOR LAYOUTKOMPAN/GO PLAY SPACEALI JONESali@goplayspace.com801-274-02127WINDMILLFLOWER1WINDMILL FLOWER; MODEL #WP.1.01; INSTALLPER MANUFACTURER'S SPECIFICATIONSSEE SHEET L503; DETAIL 2DUNCAN & GROVEHEBRON, IL 60034SEAN PROCYK1-800-571-9470EXPLORERDOMEKOMPAN EXPLORER DOME; MODEL#COR863002-0408; HEMP IG, IG40 EXP BOLT;INSTALL PER MANUFACTURER'SSPECIFICATIONS; SEE SHEET L400 FORLAYOUTKOMPAN/GO PLAY SPACEALI JONESali@goplayspace.com801-274-02121SPINNER BOWLKOMPAN SPINNER BOWL, DARK GREEN;MODEL #ELE400024-3717DT; INSTALL PERMANUFACTURER'S SPECIFICATIONS; SEESHEET L400 FOR LAYOUTKOMPAN/GO PLAY SPACEALI JONESali@goplayspace.com801-274-02121SPICA 1KOMPAN SPICA1; MODEL #GXY801421-3417;INSTALL PER MANUFACTURER'SSPECIFICATIONS; SEE SHEET L400 FORLAYOUTKOMPAN/GO PLAY SPACEALI JONESali@goplayspace.com801-274-02121GREENLINEPLAY TOWERKOMPAN GREENLINE PLAY TOWER; MODEL#PCM100831-20217670; INSTALL PERMANUFACTURER'S SPECIFICATIONS; SEESHEET L400 FOR LAYOUTKOMPAN/GO PLAY SPACEALI JONESali@goplayspace.com801-274-02121CUSTOM NETPLAYKOMPAN CUSTOM NET PLAY; SMALLCLIMETRIC NET MODEL #COR-225-021-1108;ORBIT 100 MODEL #M87401-3617; ORBIT 300MODEL #M87402-3617; S PLAY NET MODEL#COR234011-1108; INSTALL PERMANUFACTURER'S SPECIFICATIONS; SEESHEET L400 FOR LAYOUTKOMPAN/GO PLAY SPACEALI JONESali@goplayspace.com801-274-02121CRAZYDAISYKOMPAN CRAZY DAISY; MODEL #M12871-12P;INSTALL PER MANUFACTURER'SSPECIFICATIONS; SEE SHEET L400 FORLAYOUTKOMPAN/GO PLAY SPACEALI JONESali@goplayspace.com801-274-02121JUNIOR SPICAKOMPAN JUNIOR SPICA; MODEL#ELE400158-3517DT; INSTALL PERMANUFACTURER'S SPECIFICATIONS; SEESHEET L400 FOR LAYOUTKOMPAN/GO PLAY SPACEALI JONESali@goplayspace.com801-274-02121MANIPULATIVEPLAY PANELSKOMPAN MANIPULATIVE PLAY PANELS; MODEL#PCM003321-20217672; INSTALL PERMANUFACTURER'S SPECIFICATIONS; SEESHEET L400 FOR LAYOUTKOMPAN/GO PLAY SPACEALI JONESali@goplayspace.com801-274-02121LANDSCAPE INSTALL NOTESGENERAL1.CONTRACTOR IS RESPONSIBLE FOR VERIFYING THE LOCATION OF ALL UNDERGROUNDUTILITIES PRIOR TO BEGINNING WORK. CALL 811.2.PLACE TREES, SHRUBS, AND PLANT MATERIAL WITH LANDSCAPE ARCHITECT PRESENT.LANDSCAPE ARCHITECT TO BE NOTIFIED 48 HOURS IN ADVANCE.3.PLACE ALL BOULDERS WITH LANDSCAPE ARCHITECT PRESENT.LANDSCAPE ARCHITECT TOBE NOTIFIED 48 HOURS IN ADVANCE.4.THE LOCATION OF ALL FLAGSTONE, STEPS, AND PATIO AREAS SHALL BE COORDINATED ONSITE WITH THE LANDSCAPE ARCHITECT, WHEN APPLICABLE.5.ALL PLANT MATERIAL SHALL CONFORM TO THE CURRENT AMERICAN STANDARD FORNURSERY STOCK.5.1.ALL DECIDUOUS TREES AND SHRUBS OUTSIDE OF DEDICATED PLANTING BEDS TO BEFENCED FOR MIN. 2 YEARS.5.2.ALL TREES TO BE STAKED FOR MIN. 2 YEARS.6.VERIFY ALL QUANTITIES. ILLUSTRATED PLAN SHALL DICTATE COUNT.7.NO SUBSTITUTIONS WILL BE ALLOWED WITHOUT THE WRITTEN CONSENT OF THELANDSCAPE ARCHITECT. ALL REQUESTS SHOULD BE SUBMITTED TO DESIGN 5 LANDSCAPEARCHITECTURE. 406-587-4873 OR TROY@DESIGN5LA.COM.8.LANDSCAPE ARCHITECT SHALL MEET WITH LANDSCAPE CONTRACTOR ON SITE, ATPREDETERMINED INTERVALS TO DISCUSS PROGRESS, QUESTIONS, AND PRODUCTPLACEMENT.9.ALL EDGING SHALL BE 316" X 4" NATURAL STEEL ON STRAIGHT RUNS AND 18" X 4" NATURALSTEEL FOR CURVED RUNS (OR AS OTHERWISE SPECIFIED IN DETAILS). TAC WELD TO #4REBAR DRIVEN A MINIMUM OF 18" DEEP.10.ALL AREAS ON SITE DISTURBED BY CONSTRUCTION ACTIVITIES NOT INDICATED ONLANDSCAPE PLAN ARE TO BE RECLAIMED AND RE-ESTABLISHED TO PRE-DISTURBANCECONDITION, VERIFY DISTURBANCE AREAS IN FIELD. CONTRACTOR IS RESPONSIBLE FOR THECOST OF RESTORING ANY DISTURBANCE OUTSIDE OF THE AGREED UPON LIMIT OF WORKBOUNDARY INDICATED ON THE PLANS.11.VERIFY ALL CUSTOM SEED MIXES. THOSE PROCURED THROUGH WILD HARVEST METHODS(WIND RIVER SEED, BLAKE NURSERY, BIG SKY SEED, GREAT BASIN SEED) REQUIREORDERING A MINIMUM OF ONE YEAR IN ADVANCE OF INSTALLATION OR OTHER AS SPECIFIEDBY SEED PROVIDER.SITE SOIL PREP12.ALL BACKFILLED AND DISTURBED AREAS TO BE RAKED SMOOTH. ALL ROCKS GREATER THAN3" DIAMETER AND ALL CONSTRUCTION DEBRIS TO BE PICKED UP AND REMOVED FROM SITEBEFORE SOIL AMENDMENTS ARE ADDED.13.SEED AREAS(WHEN APPLICABLE)- LIGHTLY SCARIFY SURFACE OR LIGHTLY TILL AND RAKESMOOTH PRIOR TO ADDING SOIL.-SEEDED AREA AMENDED TOPSOIL: MIX 1" COMPOST WITH MIN. 3" NEW TOPSOIL (COMBINEDSETTLED DEPTH OF 4"). HYDROSEED WITH *FLEXTERRA TACKIFIER*. ADD EROSIONCONTROL MAT TO ALL AREAS WITH SLOPES STEEPER THAN 3:1 PER MANUFACTURER'SSPECIFICATION14. SOD AREAS(WHEN APPLICABLE) - LIGHTLY SCARIFY SURFACE OR LIGHTLY TILL AND RAKESMOOTH PRIOR TO ADDING SOIL.-SOD AREA AMENDED SOIL: MIX 1" COMPOST WITH MIN. 5" NEW TOPSOIL (COMBINEDSETTLED DEPTH OF 6"). TOPSOIL SHALL BE DRUM ROLLED OR TRACK-PACKED AND GRADEDSMOOTHLY AND EVENLY PRIOR TO LAYING SOD. RAKE SMOOTH TO MATCH FINAL GRADINGPLAN.15. ALL PLANTING BEDS TO BE EXCAVATED 18" DEEP. SCARIFY SIDES AND BOTTOM TO REMOVEGLAZING.16. ALL PLANTING BEDS TO RECEIVE NEW, AMENDED SOIL: MIX 1" COMPOST WITH MIN. 17" NEWTOPSOIL (COMBINED SETTLED DEPTH OF 18"). RAKE SMOOTH TO MATCH FINAL GRADINGPLAN.IRRIGATION17. PERMANENT UNDERGROUND IRRIGATION SYSTEM TO BE INSTALLED AT TIME OF LANDSCAPEINSTALLATION. MAIN LINE, LATERAL LINE, AND SPRINKLERS NOT BURIED AT TIME OF PROJECT COMPLETION WILL NOT BE ACCEPTED.18. IRRIGATION TO BE INSTALLED IN ACCORDANCE WITH ALL STATE AND LOCAL CODES ANDORDINANCES.DIRECTIONALSIGN TOTEM5FUTURE DIRECTIONAL TOTEM TO DISPLAYTRAIL DIRECTIONS AND DISTANCES; FINALDESIGN & INSTALL LOCATIONS BY THE CITYSYMBOLDESCRIPTIONPRODUCTQUAN.SITE MATERIAL & AMENITY SCHEDULE - FUTURECUSTOMBANDSHELL/PERFORMANCESTAGEFUTURE CUSTOM PERFORMANCE STAGE;FINAL DESIGN & INSTALL BY THE CITY1TOTALALL WHEELSPARKFUTURE BIKE/SKATE PARK; FINAL DESIGN &INSTALL BY THE CITY1TOTALPEDESTRIANBRIDGE #2FUTURE PEDESTRIAN BRIDGE; FINAL DESIGN &INSTALL BY THE CITY1TOTALTBDSITE MATERIAL SCHEDULEHardscapeNotes &LegendsL 001design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l000_sud-park_landscape.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev111111576 SYMBOLSEED MIXESQUANTITYCOMMON NAME (BOTANICAL NAME)NATIVE/UPLAND SEED BLENDSLENDER WHEATGRASS (ELYMUS TRACHYCAULUS)WESTERN WHEATGRASS (PASCOPYRUM SMITHII)THICKSPIKE WHEATGRASS (ELYMUS LANCEOLATUS)MOUNTAIN BROME (BROMUS MARGINATUS)NEVADA BLUEGRASS (POA SECUNDA)BLUEBUNCH WHEATGRASS (PSEUDOROEGNERIA SPICATA)25%10%10%15%15%25%SOD & SEED SCHEDULE*RECOMMENDED SEED RATE= 20 PLS LBS/ACRE AVAILABLE THROUGH CIRCLE S SEEDS:(406)-285-3269%OF MIX117,038SFKENTUCKY BLUEGRASS SOD BLEND KENTUCKY BLUEGRASS, AVALANCHE KENTUCKY BLUEGRASS, DIVA KENTUCKY BLUEGRASS, NUGLADE KENTUCKY BLUEGRASS, MOONSHADOW AVAILABLE FROM GALLATIN VALLEY SOD: 406-586-054854,012SF24.76%24.75%24.73%24.57%DROUGHT TOLERANT BOULEVARD SEED MIX FESTUCA OVINA 'NAKISKA'FESTUCA TRACHYPHYLLA 'SWORD'FESTUCA RUBRA 'BOREAL'*PERCENTAGE OF EACH SPEICES PROPORTIONED BYWEIGHT OF PLS*AVAILABLE THROUGH CIRCLE S SEEDS:(406)-285-326933.3%33.3%33.3%182,531SFDETENTION POND AND ZONE 1 WATERCOURSE SEED MIXSLENDER WHEATGRASS (AGROPYRON TRACHYCAULUM)"SODAR" STREAMBANK WHEATGRASS (AGROPYRON RIPARIUM)GLYCERIA STRIATA (FOWL MANNAGRASS)DESCHAMPSIA CAESPITOSA (TUFTED HAIRGRASS)POA PALUSTRIS (FOWL BLUEGRASS)JUNCUS TENUIS (SLENDER RUSH)6.55.00.53.50.250.0659,438SFTREESSYMBOLBOTANICAL NAMESIZETYPESPACINGQUANTITYCOMMON NAMEPLANT SCHEDULE - STREET TREESMATUREHEIGHTMATURESPREADTILIA AMERICANA 'BOULEVARD' ***BOULEVARD AMERICAN LINDEN40'-50'20'-30'B&B2" CAL14PER PLANULMUS 'MORTON' ACCOLADE***ACCOLADE ELM55'-60'35'-40'B&B2" CAL8PER PLANGLEDITSIA TRIACANTHOS VAR. INERMIS'SKYCOLE'***SKYLINE HONEYLOCUST-MALECULTIVARS ONLY35'-45'25'-35'B&B2" CAL7PERPLANACER PLATANOIDES 'EMERALD QUEEN'***EMERALD QUEEN NORWAY MAPLE2" CALB & B635' - 50'30' - 50'AMUPERPLANACER x FREEMANII 'SIENNA GLEN'SIENNA GLEN MAPLE2" CALB & B650' - 60'30' - 40'PERPLAN*** DROUGHT TOLERANT SPECIESTREESSHRUBSSYMBOLBOTANICAL NAMESIZETYPESPACINGQUANTITYCOMMON NAMEPLANT SCHEDULE - WATERCOURSEMATUREHEIGHTMATURESPREAD45'20'-25'POPULUS SONGARICASONGARICA POPLAR2" CALB & BPER PLAN3POPULUS ACUMINATALANCELEAF POPLAR2" CALB & BPER PLAN950'-60'20'-40'SALIX LUTEAYELLOW WILLOWPOTPER PLAN1810'-25'6'-10'POTPER PLAN136'-12'6'-8'SALIX GEYERIANA GEYER WILLOWB & BPER PLAN4215'8'PRUNUS VIRGINIANA NATIVE CHOKECHERRY5 GALPOTPER PLAN278'-15'6'-10'ALNUS VIRIDIS GREEN ALDER6'-8'5 GAL5 GALSIO5 GALPOTPER PLAN666'-9'6'-10'CORNUS SERICEA RED OSIER DOGWOOD10'-30'8'-15'BETULA NIGRARIVER BIRCH2" CALB & BPER PLAN102" CALB & BPER PLAN156'-10'20'-25'CRATAEGUS DOUGLASII BLACK HAWTHORNPICEA GLAUCA 'DENSATA'BLACK HILLS SPRUCE6'-8'HEIGHTB & BPER PLAN520' - 40'10' - 15'8'POPULUS TREMULOIDESQUAKING ASPEN -SINGLE STEM2" CALB & B8PER PLAN20'-30'30'-40'POPULUS TREMULOIDESQUAKING ASPEN - MULTI STEM2" CALB & B13PER PLAN20'-30'30'-40'TREESSYMBOLBOTANICAL NAMESIZETYPESPACINGQUANTITYCOMMON NAMEPLANT SCHEDULE - PARKMATUREHEIGHTMATURESPREADACER x FREEMANII 'SIENNA GLEN'SIENNA GLEN MAPLE2" CALB & BPER PLAN1650'-60'30'-40'ACER PLATANOIDES 'CRIMSON KING'***CRIMSON KING NORWAY MAPLE2" CALB & BPER PLAN230' - 40'20' - 40'GLEDITSIA TRIACANTHOS VAR. INERMIS'SKYCOLE'***SKYLINE HONEYLOCUST-MALECULTIVARS ONLYCELTIS OCCIDENTALIS***COMMON HACKBERRY2" CALB & BPER PLAN430' - 60'40' - 60'2" CALB & BPER PLAN335' - 45'25' - 35'QUERCUS MACROCARPA***BUR OAK2" CALB & BPER PLAN650' - 70'50' - 70'ACER PLATANOIDES 'HELENA' ***HELENA MAPLE2" CALB & BPER PLAN540'-60'30'TILIA AMERICANA 'BOULEVARD' ***BOULEVARD AMERICAN LINDEN40'-50'20'-30'B&B2" CAL4PER PLANULMUS 'MORTON' ACCOLADE***ACCOLADE ELM55'-60'35'-40'B&B2" CAL7PER PLAN*** DROUGHT TOLERANT SPECIESLandscapeNotes &LegendsL 002design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l000_sud-park_landscape.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev11577 GWCRSDOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHESD SD SD SDSD UGEWW4945'4945'4945'4940'4940'4945'2.0%SOUTH 17TH AVE STUCKY ROADUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE2.0%2.0%2. 0% 2. 0% 1. 5% 1. 5% 2.0%LIMLIMLIM2.0%10717122333366811121415161616181818191392020202111111414ACBCABCBC2323242525252620' EXISTINGIRRIGATIONEASEMENT3'-9"3'-9"3'-9"KEYNOTES - L100125' CRUSHER FINES TRAIL346' CONCRETE SIDEWALK5(NOT USED)610' CONCRETE ACCESS DRIVE7FOOD TRUCK PARKING AREA8ELECTRIC HOOKUPS FOR FOOD TRUCKS, AT PAVILION POSTS9EDUCATIONAL SIGN10PRIMARY PARK SIGN11PICNIC TABLE (**SEE COLOR SCHEDULE)12(5) BIKE RACKS13TRASH & RECYCLING RECEPTACLES14ADIRONDACK CHAIRS (**SEE COLOR SCHEDULE)15FOREVER REDWOOD PAVILION16BENCH (**SEE COLOR SCHEDULE)10' CONCRETE SIDEWALK(NOT USED)17GREAT LAWN18LANDSCAPE BERM19WINDMILL FLOWER SCULPTURES20(3) ADA ACCESSIBLE VAN PARKING SPACES21ELECTRICAL PANEL, SEE ELECTRICAL ENGINEER22(3) ADA ACCESSIBLE VAN PARKING SPACES23(3) FOLDABLE LOCKING BOLLARDS IN CONCRETE24CONTRACTOR TO PROVIDE ELECTRICAL CONDUITTO FUTURE STAGE LOCATION,BURY BELOW GRADE WITH REBAR TO LOCATE25SLEEVE FOR LIGHTING CONDUIT26NATURAL STEEL EDGINGSYMBOLPRODUCTSITE MATERIAL SCHEDULECRUSHERFINES TRAIL4" CONCRETESIDEWALKSROUNDEDLANDSCAPEBOULDERSENGINEEREDWOOD FIBERPLAYGROUNDSURFACINGPEDESTRIANBRIDGE6" CONCRETEDRIVE AREACONCRETEPLAYGROUNDCURBPERPLANDOG PARKFENCINGFOREVERREDWOOD18'X26' TOLEDOPAVILIONFOREVERREDWOOD14'X40' TOLEDOPAVILIONNATURALSTEEL EDGINGPER PLANSYMBOLPRODUCTSITE AMENITY SCHEDULE6' BENCHBIKE RACKTRASH &RECYCLINGRECEPTACLEPET WASTESTATIONRECTANGULARPICNIC TABLEW/ BENCHESADIRONDACKCHAIRSNOTE:RCOLLAPSIBLEBOLLARDPRIMARY PARKSIGNAGESYMBOLPRODUCTSIGNAGE SCHEDULEEDUCATIONALSIGNGWCLINE TYPE LEGENDIRRIGATIONPROPERTY LINEPROPOSED MAJOR CONTOURPROPOSED MINOR CONTOUREXISTING MAJOR CONTOUREXISTING MINOR CONTOURSETBACK/EASEMENT7620'WSSWATER LINESANITARY SEWEROHEOVERHEAD POWERLIMLIMLIMITS OF DISTURBANCESHEET MATCHLINEWETLAND AREAUGEUNDERGROUND ELECTRICSYMBOLCOLOR CODEPRODUCTSITE AMENITY - COLOR SCHEDULE6' BENCHRECTANGULARPICNIC TABLEW/ BENCHESADIRONDACKCHAIRSABCCHARCOAL GRAYLEAF GREENSUNSET ORANGEABCCHARCOAL GRAYLEAF GREENSUNSET ORANGEABCCHARCOAL GRAYLEAF GREENSUNSET ORANGEHardscape &Grading PlanL 1002010040N1L1001" = 20'-0"Hardscape & Grading Plandesign5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l000_sud-park_landscape.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev11MATCHLINE L101MATCHLINE L304 11111578 R4955'4950'4945' 4945'4945'1.67%1.67%+0.70%4950'2.0%1.4% SOUTH 17TH AVE UGEUGEUGEUGEUGEUGEUGEUGELIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIM LIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMBRIDGEEL: 4944.5'1122333338445656889101112131314141516161313182022232519CBABC24CA2630'20'20' EXISTINGIRRIGATIONEASEMENT20'15'12'30'13C13B27272'-4"7'-8"CONCRETE PADAT BENCHKEYNOTES - L101125' CRUSHER FINES TRAIL346' CONCRETE SIDEWALK5WETLAND AREA6ZONE 1 WATERCOURSE SETBACK7ZONE 2 WATERCOURSE SETBACK8(NOT USED)9LANDSCAPE BERM10PLAY LAWN AREA11DOG PARK FENCING12DOG PARK ENTRY GATE & STAGING AREA13PET WASTE STATION14BENCH (**SEE COLOR SCHEDULE)15ADIRONDACK CHAIR (**SEE COLOR SCHEDULE)16WINDMILL FLOWER SCULPTURES5' CONCRETE SIDEWALKWOOD FIBER MULCH PLAYGROUND AREA1718(NOT USED)19BIKE RACKS20TRASH & RECYCLING RECEPTACLES21LANDSCAPE BOULDER(NOT USED)22PICNIC TABLE & BENCHES (**SEE COLOR SCHEDULE)23FOREVER REDWOOD PAVILION24WETLAND BRIDGE CROSSING25LANDSCAPE RETAINING BOULDERS26SLEEVE FOR LIGHTING CONDUIT27NATURAL STEEL EDGINGSYMBOLPRODUCTSITE MATERIAL SCHEDULECRUSHERFINES TRAIL4" CONCRETESIDEWALKSROUNDEDLANDSCAPEBOULDERSENGINEEREDWOOD FIBERPLAYGROUNDSURFACINGPEDESTRIANBRIDGE6" CONCRETEDRIVE AREACONCRETEPLAYGROUNDCURBPERPLANDOG PARKFENCINGFOREVERREDWOOD18'X26' TOLEDOPAVILIONFOREVERREDWOOD14'X40' TOLEDOPAVILIONNATURALSTEEL EDGINGPER PLANSYMBOLPRODUCTSITE AMENITY SCHEDULE6' BENCHBIKE RACKTRASH &RECYCLINGRECEPTACLEPET WASTESTATIONRECTANGULARPICNIC TABLEW/ BENCHESADIRONDACKCHAIRSNOTE:RCOLLAPSIBLEBOLLARDPRIMARY PARKSIGNAGESYMBOLPRODUCTSIGNAGE SCHEDULEEDUCATIONALSIGNGWCSYMBOLPRODUCTSITE AMENITY SCHEDULEPLAY EQUIPMENTNOTE:1.***PLAY STRUCTURES AND AMENITIES SELECTED ARE RECOMMENDED BY LANDSCAPE ARCHITECT & ARE SUBJECT TO CHANGESINGLE BAYSWING 8' W/BASKETWINDMILLFLOWEREXPLORERDOMESPINNER BOWLSPICA 1GREENLINEPLAY TOWERCUSTOM NETPLAYCRAZYDAISYJUNIOR SPICAMANIPULATIVEPLAY PANELSLINE TYPE LEGENDIRRIGATIONPROPERTY LINEPROPOSED MAJOR CONTOURPROPOSED MINOR CONTOUREXISTING MAJOR CONTOUREXISTING MINOR CONTOURSETBACK/EASEMENT7620'WSSWATER LINESANITARY SEWEROHEOVERHEAD POWERLIMLIMLIMITS OF DISTURBANCESHEET MATCHLINEWETLAND AREAUGEUNDERGROUND ELECTRICSYMBOLCOLOR CODEPRODUCTSITE AMENITY - COLOR SCHEDULE6' BENCHRECTANGULARPICNIC TABLEW/ BENCHESADIRONDACKCHAIRSABCCHARCOAL GRAYLEAF GREENSUNSET ORANGEABCCHARCOAL GRAYLEAF GREENSUNSET ORANGEABCCHARCOAL GRAYLEAF GREENSUNSET ORANGEHardscape &Grading PlanL 1012010040N1L1011" = 20'-0"Hardscape & Grading Plandesign5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l000_sud-park_landscape.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev11MATCHLINE L102MATCHLINE L304 MATCHLINE L10011111579 GWCWWWWWWWWWWWWWWWWSTORM BASIN BASINWCITY PARK 24955'1.4%2.2%SOUTH 17TH AVEARNOLD STREET4955'4955'4955'LIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIM LIM LIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLI M LIMLIMLIMLIM LIM LIM LIM LIM L IM LIMLIM LIM LIM LIM LIM158223344567679910111214141015151316AB20'30'20' EXISTINGIRRIGATIONEASEMENT 20'30'81'12'12'1PARK BOUNDARYKEYNOTES - L10225' CRUSHER FINES TRAIL310' CONCRETE SIDEWALK46' CONCRETE SIDEWALK5WETLAND AREA6ZONE 1 WATERCOURSE SETBACK7ZONE 2 WATERCOURSE SETBACK8STORMWATER POND, SEE CIVIL9LANDSCAPE BOULDER10LANDSCAPE BERM11DOG PARK FENCING12DOG PARK ENTRY GATE & STAGING AREA13EDUCATIONAL SIGN14BENCH (**SEE COLOR SCHEDULE)15PET WASTE STATION16MAINTENANCE ACCESS GATESYMBOLPRODUCTSITE MATERIAL SCHEDULECRUSHERFINES TRAIL4" CONCRETESIDEWALKSROUNDEDLANDSCAPEBOULDERSENGINEEREDWOOD FIBERPLAYGROUNDSURFACINGPEDESTRIANBRIDGE6" CONCRETEDRIVE AREACONCRETEPLAYGROUNDCURBPERPLANDOG PARKFENCINGFOREVERREDWOOD18'X26' TOLEDOPAVILIONFOREVERREDWOOD14'X40' TOLEDOPAVILIONNATURALSTEEL EDGINGPER PLANSYMBOLPRODUCTSITE AMENITY SCHEDULE6' BENCHBIKE RACKTRASH &RECYCLINGRECEPTACLEPET WASTESTATIONRECTANGULARPICNIC TABLEW/ BENCHESADIRONDACKCHAIRSNOTE:RCOLLAPSIBLEBOLLARDPRIMARY PARKSIGNAGESYMBOLPRODUCTSIGNAGE SCHEDULEEDUCATIONALSIGNGWCLINE TYPE LEGENDIRRIGATIONPROPERTY LINEPROPOSED MAJOR CONTOURPROPOSED MINOR CONTOUREXISTING MAJOR CONTOUREXISTING MINOR CONTOURSETBACK/EASEMENT7620'WSSWATER LINESANITARY SEWEROHEOVERHEAD POWERLIMLIMLIMITS OF DISTURBANCESHEET MATCHLINEWETLAND AREAUGEUNDERGROUND ELECTRICSYMBOLCOLOR CODEPRODUCTSITE AMENITY - COLOR SCHEDULE6' BENCHRECTANGULARPICNIC TABLEW/ BENCHESADIRONDACKCHAIRSABCCHARCOAL GRAYLEAF GREENSUNSET ORANGEABCCHARCOAL GRAYLEAF GREENSUNSET ORANGEABCCHARCOAL GRAYLEAF GREENSUNSET ORANGEHardscape &Grading PlanL 1021L1021" = 20'-0"Hardscape & Grading Plandesign5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l000_sud-park_landscape.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev112010040NMATCHLINE L101MATCHLINE L103 580 WWWWWWWWWWWWW495249 5 5 4953 4954 49514 9 5 6 4 9 5 7 495 8 495 9 49 6 0 49 6 1 STORMBASINWWW WWWWCITY PARK 2SOUTH 14TH AVEARNOLD STREET+60.02.5% 3.0% 3.0% 3.0% 3.0%+54.03.0% 495 5 '4960' 4955 'LIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIM LIM LIM LIM L IM LIM LIM LIM LIM LIM LIM LIM4955'12331445677898910101020'3 0 '20'30'1PARK BOUNDARYKEYNOTES - L1032PRIMARY PARK SIGN35' CRUSHER FINES TRAIL410' CONCRETE SIDEWALK5WETLAND AREA6STORMWATER POND, SEE CIVIL7LANDSCAPE BOULDER8ZONE 1 WATERCOURSE SETBACK9ZONE 2 WATERCOURSE SETBACK10EXISTING TRAIL TO REMAINSYMBOLPRODUCTSITE MATERIAL SCHEDULECRUSHERFINES TRAIL4" CONCRETESIDEWALKSROUNDEDLANDSCAPEBOULDERSENGINEEREDWOOD FIBERPLAYGROUNDSURFACINGPEDESTRIANBRIDGE6" CONCRETEDRIVE AREACONCRETEPLAYGROUNDCURBPERPLANDOG PARKFENCINGFOREVERREDWOOD18'X26' TOLEDOPAVILIONFOREVERREDWOOD14'X40' TOLEDOPAVILIONNATURALSTEEL EDGINGPER PLANSYMBOLPRODUCTSITE AMENITY SCHEDULE6' BENCHBIKE RACKTRASH &RECYCLINGRECEPTACLEPET WASTESTATIONRECTANGULARPICNIC TABLEW/ BENCHESADIRONDACKCHAIRSNOTE:RCOLLAPSIBLEBOLLARDPRIMARY PARKSIGNAGESYMBOLPRODUCTSIGNAGE SCHEDULEEDUCATIONALSIGNGWCLINE TYPE LEGENDIRRIGATIONPROPERTY LINEPROPOSED MAJOR CONTOURPROPOSED MINOR CONTOUREXISTING MAJOR CONTOUREXISTING MINOR CONTOURSETBACK/EASEMENT7620'WSSWATER LINESANITARY SEWEROHEOVERHEAD POWERLIMLIMLIMITS OF DISTURBANCESHEET MATCHLINEWETLAND AREAUGEUNDERGROUND ELECTRICHardscape &Grading PlanL 1031L1031" = 20'-0"Hardscape & Grading Plandesign5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l000_sud-park_landscape.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev112010040NMATCHLINE L102 581 RSD SD SDSDSDWWWWWSOUTH 17TH AVE UGEUGEUGEUGEUGEUGEUGE2.0%+41.48UNDERGROUND ELECTRIC FORPAVILION LIGHTING,SEE ELECTRICAL PLANS10'+41.63+40.272.0%SEE MANUFACTURER'SSTRUCTURAL DRAWINGSFOR FOOTING DETAILS3'-6"3'-6"6 8 ' - 8 "INSTALL ANGLE IRONEITHER SIDE OFPAVILION FASCIA, SLOPE TO NORTH10'12'-6"11'-5"1 2 ' - 6 " 1 2 ' - 6 " 12'-6"8'-10"4'-4"+41.48+40.276"4940'PAVILION OVERHEAD LIGHTING& OUTLETS, SEE ELECTRICAL PLANSLINE TYPE LEGENDIRRIGATIONPROPERTY LINEPROPOSED MAJOR CONTOURPROPOSED MINOR CONTOUREXISTING MAJOR CONTOUREXISTING MINOR CONTOURSETBACK/EASEMENT7620'WSSWATER LINESANITARY SEWEROHEOVERHEAD POWERLIMLIMLIMITS OF DISTURBANCESHEET MATCHLINEWETLAND AREAUGEUNDERGROUND ELECTRICHardscapeDimension PlanL 20084016N1L2001/8" = 1'-0"Hardscape Dimension Plandesign5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l000_sud-park_landscape.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev11582 RUGEUGEUGEUGEUGEUGELIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIM+46.04'+46.221.67%15'-6"6'1.67%2.0%6'15'-6"4'15'-6"15'-5"+45.52++45.52+45.05+45.01+44.9710'6'-4"15'-5"11'-9"11'-8"23'-2"26'-2"R2 9 ' - 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STREET TREESTILIA AMERICANA 'BOULEVARD' ***BOULEVARD AMERICAN LINDENULMUS 'MORTON' ACCOLADE***ACCOLADE ELMGLEDITSIA TRIACANTHOS VAR. INERMIS'SKYCOLE'***SKYLINE HONEYLOCUST-MALECULTIVARS ONLYACER PLATANOIDES 'EMERALD QUEEN'***EMERALD QUEEN NORWAY MAPLEAMUACER x FREEMANII 'SIENNA GLEN'SIENNA GLEN MAPLETREESSHRUBSSYMBOLBOTANICAL NAMECOMMON NAMEPLANT SCHEDULE - WATERCOURSEPOPULUS SONGARICASONGARICA POPLARPOPULUS ACUMINATALANCELEAF POPLARSALIX LUTEAYELLOW WILLOWSALIX GEYERIANA GEYER WILLOWPRUNUS VIRGINIANA NATIVE CHOKECHERRYALNUS VIRIDIS GREEN ALDERSIOCORNUS SERICEA RED OSIER DOGWOODBETULA NIGRARIVER BIRCHCRATAEGUS DOUGLASII BLACK HAWTHORNPICEA GLAUCA 'DENSATA'BLACK HILLS SPRUCE8'POPULUS TREMULOIDESQUAKING ASPEN -SINGLE STEMPOPULUS TREMULOIDESQUAKING ASPEN - MULTI STEMTREESSYMBOLBOTANICAL NAMECOMMON NAMEPLANT SCHEDULE - PARKACER x FREEMANII 'SIENNA GLEN'SIENNA GLEN MAPLEACER PLATANOIDES 'CRIMSON KING'***CRIMSON KING NORWAY MAPLEGLEDITSIA TRIACANTHOS VAR. INERMIS'SKYCOLE'***SKYLINE HONEYLOCUST-MALECULTIVARS ONLYCELTIS OCCIDENTALIS***COMMON HACKBERRYQUERCUS MACROCARPA***BUR OAKACER PLATANOIDES 'HELENA' ***HELENA MAPLETILIA AMERICANA 'BOULEVARD' ***BOULEVARD AMERICAN LINDENULMUS 'MORTON' ACCOLADE***ACCOLADE ELMSNOEXISTING TREE LEGENDSYMBOL*TREES TO BE INSTALLED DURINGSUBDIVISION PLAT AND INFRASTRUCTUREPRIOR TO THIS PROJECTSYMBOLSOD & SEED SCHEDULEDROUGHT TOLERANT BOULEVARD SEED MIX NATIVE/UPLAND SEED BLENDKENTUCKY BLUEGRASS SOD BLENDLandscape PlanL 3002010040N1L3001" = 20'-0"Landscape Plandesign5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l000_sud-park_landscape.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev11MATCHLINE L301MATCHLINE L304 *** DROUGHT TOLERANT SPECIES*** DROUGHT TOLERANT SPECIES584 RAMUSIOSOUTH 17TH AVE UGEUGEUGEUGEUGEUGEUGEUGELIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIM LIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMTREESSYMBOLBOTANICAL NAMECOMMON NAMEPLANT SCHEDULE - STREET TREESTILIA AMERICANA 'BOULEVARD' ***BOULEVARD AMERICAN LINDENULMUS 'MORTON' ACCOLADE***ACCOLADE ELMGLEDITSIA TRIACANTHOS VAR. INERMIS'SKYCOLE'***SKYLINE HONEYLOCUST-MALECULTIVARS ONLYACER PLATANOIDES 'EMERALD QUEEN'***EMERALD QUEEN NORWAY MAPLEAMUACER x FREEMANII 'SIENNA GLEN'SIENNA GLEN MAPLETREESSHRUBSSYMBOLBOTANICAL NAMECOMMON NAMEPLANT SCHEDULE - WATERCOURSEPOPULUS SONGARICASONGARICA POPLARPOPULUS ACUMINATALANCELEAF POPLARSALIX LUTEAYELLOW WILLOWSALIX GEYERIANA GEYER WILLOWPRUNUS VIRGINIANA NATIVE CHOKECHERRYALNUS VIRIDIS GREEN ALDERSIOCORNUS SERICEA RED OSIER DOGWOODBETULA NIGRARIVER BIRCHCRATAEGUS DOUGLASII BLACK HAWTHORNPICEA GLAUCA 'DENSATA'BLACK HILLS SPRUCE8'POPULUS TREMULOIDESQUAKING ASPEN -SINGLE STEMPOPULUS TREMULOIDESQUAKING ASPEN - MULTI STEMTREESSYMBOLBOTANICAL NAMECOMMON NAMEPLANT SCHEDULE - PARKACER x FREEMANII 'SIENNA GLEN'SIENNA GLEN MAPLEACER PLATANOIDES 'CRIMSON KING'***CRIMSON KING NORWAY MAPLEGLEDITSIA TRIACANTHOS VAR. INERMIS'SKYCOLE'***SKYLINE HONEYLOCUST-MALECULTIVARS ONLYCELTIS OCCIDENTALIS***COMMON HACKBERRYQUERCUS MACROCARPA***BUR OAKACER PLATANOIDES 'HELENA' ***HELENA MAPLETILIA AMERICANA 'BOULEVARD' ***BOULEVARD AMERICAN LINDENULMUS 'MORTON' ACCOLADE***ACCOLADE ELMSYMBOLSOD & SEED SCHEDULEDROUGHT TOLERANT BOULEVARD SEED MIX NATIVE/UPLAND SEED BLENDKENTUCKY BLUEGRASS SOD BLENDDETENTION POND AND ZONE 1WATERCOURSE SEED MIX Landscape PlanL 3012010040N1L3011" = 20'-0"Landscape Plandesign5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l000_sud-park_landscape.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev11MATCHLINE L302MATCHLINE L304 MATCHLINE L300*** DROUGHT TOLERANT SPECIES*** DROUGHT TOLERANT SPECIES585 GWCWWWWWWWWWWWWWWWWSTORM BASIN BASINWAMUAMU8'8'SOUTH 17TH AVEARNOLD STREETLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIM LIM LIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLI M LIMLIMLIMLIM LIM LIM LIM LIM L IM LIMLIM LIM LIM LIM LIMTREESSYMBOLBOTANICAL NAMECOMMON NAMEPLANT SCHEDULE - STREET TREESTILIA AMERICANA 'BOULEVARD' ***BOULEVARD AMERICAN LINDENULMUS 'MORTON' ACCOLADE***ACCOLADE ELMGLEDITSIA TRIACANTHOS VAR. INERMIS'SKYCOLE'***SKYLINE HONEYLOCUST-MALECULTIVARS ONLYACER PLATANOIDES 'EMERALD QUEEN'***EMERALD QUEEN NORWAY MAPLEAMUACER x FREEMANII 'SIENNA GLEN'SIENNA GLEN MAPLETREESSHRUBSSYMBOLBOTANICAL NAMECOMMON NAMEPLANT SCHEDULE - WATERCOURSEPOPULUS SONGARICASONGARICA POPLARPOPULUS ACUMINATALANCELEAF POPLARSALIX LUTEAYELLOW WILLOWSALIX GEYERIANA GEYER WILLOWPRUNUS VIRGINIANA NATIVE CHOKECHERRYALNUS VIRIDIS GREEN ALDERSIOCORNUS SERICEA RED OSIER DOGWOODBETULA NIGRARIVER BIRCHCRATAEGUS DOUGLASII BLACK HAWTHORNPICEA GLAUCA 'DENSATA'BLACK HILLS SPRUCE8'POPULUS TREMULOIDESQUAKING ASPEN -SINGLE STEMPOPULUS TREMULOIDESQUAKING ASPEN - MULTI STEMTREESSYMBOLBOTANICAL NAMECOMMON NAMEPLANT SCHEDULE - PARKACER x FREEMANII 'SIENNA GLEN'SIENNA GLEN MAPLEACER PLATANOIDES 'CRIMSON KING'***CRIMSON KING NORWAY MAPLEGLEDITSIA TRIACANTHOS VAR. INERMIS'SKYCOLE'***SKYLINE HONEYLOCUST-MALECULTIVARS ONLYCELTIS OCCIDENTALIS***COMMON HACKBERRYQUERCUS MACROCARPA***BUR OAKACER PLATANOIDES 'HELENA' ***HELENA MAPLETILIA AMERICANA 'BOULEVARD' ***BOULEVARD AMERICAN LINDENULMUS 'MORTON' ACCOLADE***ACCOLADE ELMSYMBOLSOD & SEED SCHEDULEDROUGHT TOLERANT BOULEVARD SEED MIX NATIVE/UPLAND SEED BLENDKENTUCKY BLUEGRASS SOD BLENDDETENTION POND AND ZONE 1WATERCOURSE SEED MIX Landscape PlanL 3021L3021" = 20'-0"Landscape Plandesign5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l000_sud-park_landscape.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev112010040NMATCHLINE L301MATCHLINE L303 *** DROUGHT TOLERANT SPECIES*** DROUGHT TOLERANT SPECIES586 WWWWWWWWWWWWW495249 5 5 4953 4954 4 9 5 6 4 9 5 7 495 8 495 9 49 6 0 49 6 1 STORMBASINWWW WWWWAMUAMUAMU8'SOUTH 14TH AVEARNOLD STREETLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIM LIM LIM LIM LIM LIM LIM LIM LIM LIM LIM LIM LIM TREESSYMBOLBOTANICAL NAMECOMMON NAMEPLANT SCHEDULE - STREET TREESTILIA AMERICANA 'BOULEVARD' ***BOULEVARD AMERICAN LINDENULMUS 'MORTON' ACCOLADE***ACCOLADE ELMGLEDITSIA TRIACANTHOS VAR. INERMIS'SKYCOLE'***SKYLINE HONEYLOCUST-MALECULTIVARS ONLYACER PLATANOIDES 'EMERALD QUEEN'***EMERALD QUEEN NORWAY MAPLEAMUACER x FREEMANII 'SIENNA GLEN'SIENNA GLEN MAPLETREESSHRUBSSYMBOLBOTANICAL NAMECOMMON NAMEPLANT SCHEDULE - WATERCOURSEPOPULUS SONGARICASONGARICA POPLARPOPULUS ACUMINATALANCELEAF POPLARSALIX LUTEAYELLOW WILLOWSALIX GEYERIANA GEYER WILLOWPRUNUS VIRGINIANA NATIVE CHOKECHERRYALNUS VIRIDIS GREEN ALDERSIOCORNUS SERICEA RED OSIER DOGWOODBETULA NIGRARIVER BIRCHCRATAEGUS DOUGLASII BLACK HAWTHORNPICEA GLAUCA 'DENSATA'BLACK HILLS SPRUCE8'POPULUS TREMULOIDESQUAKING ASPEN -SINGLE STEMPOPULUS TREMULOIDESQUAKING ASPEN - MULTI STEMTREESSYMBOLBOTANICAL NAMECOMMON NAMEPLANT SCHEDULE - PARKACER x FREEMANII 'SIENNA GLEN'SIENNA GLEN MAPLEACER PLATANOIDES 'CRIMSON KING'***CRIMSON KING NORWAY MAPLEGLEDITSIA TRIACANTHOS VAR. INERMIS'SKYCOLE'***SKYLINE HONEYLOCUST-MALECULTIVARS ONLYCELTIS OCCIDENTALIS***COMMON HACKBERRYQUERCUS MACROCARPA***BUR OAKACER PLATANOIDES 'HELENA' ***HELENA MAPLETILIA AMERICANA 'BOULEVARD' ***BOULEVARD AMERICAN LINDENULMUS 'MORTON' ACCOLADE***ACCOLADE ELMSYMBOLSOD & SEED SCHEDULEDROUGHT TOLERANT BOULEVARD SEED MIX NATIVE/UPLAND SEED BLENDKENTUCKY BLUEGRASS SOD BLENDDETENTION POND AND ZONE 1WATERCOURSE SEED MIX Landscape PlanL 3031L3031" = 20'-0"Landscape Plandesign5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l000_sud-park_landscape.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev112010040NMATCHLINE L102 *** DROUGHT TOLERANT SPECIES*** DROUGHT TOLERANT SPECIES587 OHEOHEOHEOHEOHEOHEOHEOHESDSD49344933SIOSIO8'8'LIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMSTUCKY RD.TREESSHRUBSSYMBOLBOTANICAL NAMECOMMON NAMEPLANT SCHEDULE - WATERCOURSEPOPULUS SONGARICASONGARICA POPLARPOPULUS ACUMINATALANCELEAF POPLARSALIX LUTEAYELLOW WILLOWSALIX GEYERIANA GEYER WILLOWPRUNUS VIRGINIANA NATIVE CHOKECHERRYALNUS VIRIDIS GREEN ALDERSIOCORNUS SERICEA RED OSIER DOGWOODBETULA NIGRARIVER BIRCHCRATAEGUS DOUGLASII BLACK HAWTHORNPICEA GLAUCA 'DENSATA'BLACK HILLS SPRUCE8'POPULUS TREMULOIDESQUAKING ASPEN -SINGLE STEMPOPULUS TREMULOIDESQUAKING ASPEN - MULTI STEMTREESSYMBOLBOTANICAL NAMECOMMON NAMEPLANT SCHEDULE - PARKACER x FREEMANII 'SIENNA GLEN'SIENNA GLEN MAPLEACER PLATANOIDES 'CRIMSON KING'***CRIMSON KING NORWAY MAPLEGLEDITSIA TRIACANTHOS VAR. INERMIS'SKYCOLE'***SKYLINE HONEYLOCUST-MALECULTIVARS ONLYCELTIS OCCIDENTALIS***COMMON HACKBERRYQUERCUS MACROCARPA***BUR OAKACER PLATANOIDES 'HELENA' ***HELENA MAPLETILIA AMERICANA 'BOULEVARD' ***BOULEVARD AMERICAN LINDENULMUS 'MORTON' ACCOLADE***ACCOLADE ELMSYMBOLSOD & SEED SCHEDULEDROUGHT TOLERANT BOULEVARD SEED MIX NATIVE/UPLAND SEED BLENDKENTUCKY BLUEGRASS SOD BLENDDETENTION POND AND ZONE 1WATERCOURSE SEED MIX 494549474946494249434944LIMLIMLIMLIMLIMLIMLIMLIMLIM LIMLIM LIM LIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLandscape PlanL 3042010040N1L3041" = 20'-0"Landscape Plandesign5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l000_sud-park_landscape.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev11MATCHLINE L300MATCHLINE 2/L3042010040N2L3041" = 20'-0"Landscape PlanMATCHLINE L301 MATCHLINE 1/L304*** DROUGHT TOLERANT SPECIES588 design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l400_sud-park_lightingbase.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev111L400NTSPavilion Overhead LightingLightingCut SheetsL 400NOTE: SEE ELECTRICAL PLANS FOR CALCULATIONS &LAYOUT INFO. SHEETS E001-E300.2L400NTSPavilion Overhead Lighting Exhibit1589 1L5003/8" = 1'-0"Typ. Coniferous Tree B&B PlantingMIN. 2 X ROOT BALL DIAM.FINISH GRADEELEVATION OF TREE FLARE TO BE 2" ABOVE FINISHGRADE ELEVATION. REMOVE EXCESS SOIL FROMROOT BALL, AS REQUIRED, IN ORDER TO EXPOSEFLAREPLANTING PIT. PIT TO HAVE BROADLY SLOPINGSIDES; SCARIFY SIDES OF PIT. SOIL AT THE BOTTOMOF THE PIT TO BE SUFFICIENTLY COMPACTED TOPREVENT SETTLEMENT. EXCAVATE PIT 2X - 5XDIAMETER OF ROOT BALL. REMOVE ALL DEBRIS ANDROCKS (LARGER THAN 3" DIAM.) FROM PIT PRIOR TOPLANTINGBACKFILL WITH MIX: 13 NATIVE BACKFILL SOIL, 13SANDY LOAM AND 13 DEBRIS FREE TOPSOILNATIVE SOILTREE STAKING, SEE SHEET L500: DETAIL 53" - 4" LAYER OF BARK MULCH. DO NOT ALLOWMULCH TO COME IN CONTACT WITH TRUNK3" HIGH ROUND-TOPPED CIRCULAR RING FORWATER RETENTION. FORM RING OF SOIL ALONGTHE PERIMETER OF THE PLANTING PITROOT BALLFINISH GRADE2L5003/8" = 1'-0"Typ. Coniferous Tree B&B Planting - On SlopeMIN. 2X ROOT BALL DIAM.ELEVATION OF TREE FLARE TO BE 2" ABOVEFINISH GRADE ELEVATION. REMOVE EXCESSSOIL FROM ROOT BALL, AS REQUIRED, INORDER TO EXPOSE FLAREBACKFILL WITH MIX: 13 NATIVE BACKFILL SOIL,13 SANDY LOAM AND 13 DEBRIS FREE TOPSOILNATIVE SOILTREE STAKING, SEE SHEET L500: DETAIL 5ROOT BALL3" - 4" LAYER OF BARK MULCH. DO NOT ALLOWMULCH TO COME IN CONTACT WITH TRUNKORIGINAL GRADEPLANTING PIT. PIT TO HAVE BROADLYSLOPING SIDES; SCARIFY SIDES OF PIT. SOILAT THE BOTTOM OF THE PIT TO BESUFFICIENTLY COMPACTED TO PREVENTSETTLEMENT. EXCAVATE PIT 2X - 5XDIAMETER OF ROOT BALL. REMOVE ALLDEBRIS AND ROCKS (LARGER THAN 3" DIAM.)FROM PIT PRIOR TO PLANTING3" - 5" HIGH ROUND-TOPPED CIRCULAR RINGFOR WATER RETENTION. FORM RING OF SOILALONG THE PERIMETER OF THE PLANTING PIT3L5003/8" = 1'-0"Typ. Deciduous Tree B&B PlantingMIN. 2 X ROOT BALL DIAM.FINISH GRADEELEVATION OF TREE FLARE TO BE 2" ABOVEFINISH GRADE ELEVATION. REMOVE EXCESSSOIL FROM ROOT BALL, AS REQUIRED, INORDER TO EXPOSE FLAREPLANTING PIT. PIT TO HAVE BROADLYSLOPING SIDES; SCARIFY SIDES OF PIT. SOILAT THE BOTTOM OF THE PIT TO BESUFFICIENTLY COMPACTED TO PREVENTSETTLEMENT. EXCAVATE PIT 2X - 5XDIAMETER OF ROOT BALL. REMOVE ALLDEBRIS AND ROCKS (LARGER THAN 3" DIAM.)FROM PIT PRIOR TO PLANTINGBACKFILL WITH MIX: 13 NATIVE BACKFILLSOIL, 13 SANDY LOAM AND 13 DEBRISFREE TOPSOILNATIVE SOILTREE STAKING, SEE SHEET L500: DETAIL 5ROOT BALL3" - 4" LAYER OF BARK MULCH. DO NOTALLOW MULCH TO COME IN CONTACTWITH TRUNK3" HIGH ROUND-TOPPED CIRCULAR RING FORWATER RETENTION. FORM RING OF SOILALONG THE PERIMETER OF THE PLANTING PIT4L5003/8" = 1'-0"Typ. Deciduous Tree B&B Planting - On SlopeMIN. 2 X ROOT BALL DIAM.FI N I SH GR AD E BACKFILL WITH MIX: 13 NATIVE BACKFILL SOIL,13 SANDY LOAM AND 13 DEBRIS FREE TOPSOILNATIVE SOIL3" - 4" LAYER OF BARK MULCH. DO NOT ALLOWMULCH TO COME IN CONTACT WITH TRUNKORIGINAL GRADEPLANTING PIT. PIT TO HAVE BROADLYSLOPING SIDES; SCARIFY SIDES OF PIT. SOILAT THE BOTTOM OF THE PIT TO BESUFFICIENTLY COMPACTED TO PREVENTSETTLEMENT. EXCAVATE PIT 2X - 5XDIAMETER OF ROOT BALL. REMOVE ALLDEBRIS AND ROCKS (LARGER THAN 3" DIAM.)FROM PIT PRIOR TO PLANTING3" - 5" HIGH ROUND-TOPPED CIRCULAR RINGFOR WATER RETENTION. FORM RING OF SOILALONG THE PERIMETER OF THE PLANTING PITTREE STAKING, SEE SHEET L500: DETAIL 5ELEVATION OF TREE FLARE TO BE 2" ABOVEFINISH GRADE ELEVATION. REMOVE EXCESSSOIL FROM ROOT BALL, AS REQUIRED, INORDER TO EXPOSE FLAREROOT BALLFINISH GRADETREE FENCE / CAGE. CAGE SHALL BE MIN. 6'TALL. FASTEN CAGE TO STAKE WITH CABLETIES OR WIRE. CAGE TO BE NO. 14 GAUGEGALVANIZED WELDED WIRE MESH 2" X 4"TWO 2" X 2" X 8' HARDWOOD STAKES DRIVENMIN. 24" BELOW FINISHED GRADE AND MIN. 6'HEIGHT ABOVE FINISHED GRADE. STAKES TOBE SET OUTSIDE OF TREE DRIP LINE. STEELSTAKES MAY BE USED FOR LARGER TREES.STAKES SHALL NOT PENETRATE ROOT BALL.REMOVE STAKES AFTER TWO YEARSPROTECT TREE TRUNK WITH APPROVED PLANTTIE MATERIAL. SET TIES LOOSE ENOUGH TOALLOW FOR TRUNK AND ROOT DEVELOPMENT.TIES TO BE OF SOFT, WIDE (MIN. 1") POLYMERMATERIAL. WIRE SHALL NOT BE WRAPPEDAROUND TRUNK. FASTEN TIES AT LESS THAN 13OF THE TOTAL TREE HEIGHT, AT LOWESTBRANCHES TO PREVENT SLIDING10" GAUGE WIREINDUSTRY GRADE PLASTIC TREE GUARDS,DO NOT USE TRUNK WRAPS5L5003/8" = 1'-0"Typ. Plant Protection Methods6'-0"6L5003/4" = 1'-0"Typ. Shrub Planting, Individual Planting PitMIN. 2 X ROOT BALL DIAM.FINISH GRADEELEVATION OF ROOT CROWN TO BE 1" - 2"ABOVE FINISH GRADE ELEVATION3" - 4" LAYER OF BARK MULCH. DO NOTALLOW MULCH TO COME IN CONTACTWITH SHRUB STEMSNATIVE SOILPLANTING PIT. PIT TO HAVE BROADLYSLOPING SLIDES; SCARIFY SIDES OF PIT.SOIL AT THE BOTTOM OF THE PIT TO BESUFFICIENTLY COMPACTED TO PREVENTSETTLEMENT. EXCAVATE PIT 2X - 5XDIAMETER OF ROOT BALL. REMOVE ALLDEBRIS AND ROCKS (LARGER THAN 3"DIAM.) FROM PIT PRIOR TO PLANTINGROOT BALLBACKFILL WITH MIX: 13 NATIVEBACKFILL SOIL WITH 13 SANDY LOAMAND 13 DEBRIS FREE TOPSOIL3" HIGH ROUND-TOPPED CIRCULAR RINGFOR WATER RETENTION. FORM RING OFSOIL ALONG THE PERIMETER OF THEPLANTING PIT7L5001/2" = 1'-0"Typ. Shrub Planting, Individual Planting Pit - On SlopeMIN. 2 X ROOT BALL DIAM.F IN I SH G RA D E NATIVE SOILPLANTING PIT. PIT TO HAVE BROADLYSLOPING SLIDES; SCARIFY SIDES OF PIT.SOIL AT THE BOTTOM OF THE PIT TO BESUFFICIENTLY COMPACTED TO PREVENTSETTLEMENT. EXCAVATE PIT 2X - 5XDIAMETER OF ROOT BALL. REMOVE ALLDEBRIS AND ROCKS (LARGER THAN 3"DIAM.) FROM PIT PRIOR TO PLANTINGBACKFILL WITH MIX: 13 NATIVE BACKFILLSOIL WITH 13 SANDY LOAM AND 13 DEBRISFREE TOPSOIL3" - 5" HIGH ROUND-TOPPED CIRCULAR RINGFOR WATER RETENTION. FORM RING OF SOILALONG THE PERIMETER OF THE PLANTING PITORIGINAL GRADEROOT BALLELEVATION OF ROOT CROWN TO BE 1" - 2"ABOVE FINISH GRADE ELEVATION3" - 4" LAYER OF BARK MULCH. DO NOTALLOW MULCH TO COME IN CONTACTWITH SHRUB STEMSSHEETS L500 LANDSCAPE DETAILS NOTES:1.LANDSCAPE CONTRACTOR SHALL ASSURE PERCOLATION OFALL PLANTING PITS PRIOR TO INSTALLATION2.ALL CONTAINMENT MATERIALS AROUND ROOT BALL TO BEREMOVED PRIOR TO INSTALLATION2.1.CAREFULLY REMOVE ENTIRE WIRE BASKETS AT PLANTING2.2.CAREFULLY REMOVE ALL TREATED BURLAP (ROT-PROOF)AT PLANTING2.3.UNTREATED BURLAP MAY PARTIALLY REMAIN ON ROOTBALL. REMOVE BURLAP FROM TOP HALF OF ROOT BALLBEFORE COMPLETION OF PLANTING3.CONTAINER PLANTS: CAREFULLY CUT ANY CIRCLING ROOTS TOPREVENT PLANT FROM BECOMING ROOT BOUND4.PRUNE ALL PLANT MATERIAL PRIOR TO PLANTING, ON AN ASNEEDED BASIS. REMOVE DEAD AND / OR DAMAGED BRANCHES,LIMBS, AND LEAVES5.ALL TREES TO BE STAKED, REMOVE STAKES AFTER TWO YEARS6.ALL DECIDUOUS TREES AND SHRUBS NOT PLANTED INFOUNDATION BEDS TO BE FENCED FOR PROTECTION FROMUNGULATES AND OTHER HERBIVORES7.PROVIDE TREE GUARDS ON ALL DECIDUOUS TREES OUTSIDE OFPLANTING BEDS8L5001" = 1'-0"Boulder PlacementFINISH GRADEBOULDER, PER PLANCOMPACT AGGREGATEBASE @ 3" DEPTHNATIVE SOIL, PER PLAN13 TO 12 OF BOULDER TOBE BURIED BELOWFINISH GRADE9L5003/4" = 1'-0"Planting Bed at Pavement Edge1"REVEAL - SEE NOTE 26" - 12" SEENOTE 345°NOTE:1.SLOPE PLANTED AREAS AWAY FROM PAVED AREAS2.FINISH GRADE AT PAVEMENT EDGE MUST BE AT A LEVEL SUCH THAT THEESTABLISHED PLANTED SURFACE WILL BE ONE (0.5-1) INCH BELOW TOP OFPAVEMENT FOR A MINIMUM DISTANCE OF SIX (6) FEET FROM THE EDGE3.BASE MATERIAL AND COMPACTED SUBGRADE TO BE EXTENDED 1X-2X THE DEPTHOF THE BASE MATERIAL BEYOND THE EDGE OF THE PAVEMENT SYSTEM. TAPERBASE MATERIAL TOWARD THE COMPACTED SUBGRADE AT A 45° ANGLE90% - 95% COMPACTED SUBGRADENATIVE SOILPAVEMENT EDGE - SEE PLANS ANDPAVING DETAILS FOR ADDITIONALINFORMATION. SEE ALSO EDGINGDETAILS AS APPLICABLEAMENDED TOPSOIL3" - 4" MULCH LAYER,MULCH TYPE PER PLANFINISH GRADE, SEE NOTE 26" DEPTH OF 34" MINUS WASHEDAGGREGATE BASE MATERIAL10L5001" = 1'-0"Not UsedSEE PLAN2% Max SLOPE4:1 MaxNOTES:1.NATURAL FINES SHALL CONSIST OF 80% SAND, 10% SILT,AND 10% CLAY2.A SOIL STERILANT SHALL BE APPLIED TO THE SUBGRADEPRIOR TO PLACEMENT OF GRAVEL BASE.11L5001/2" = 1'-0"Class II Gravel Fines Trail (Typ.)3" Min THICKNESS OF 38" MINUSCOMPACTED GRAVEL( NATURAL FINES SEE NOTE 1.)3" Min THICKNESS OF34" Minus COMPACTEDCRUSHED GRAVEL BASECOMPACTED SUBGRADE(SEE NOTE 2.)LandscapeDetailsL 500design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l500_sud-park_standarddetails2021.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev111590 3L5013/4" = 1'-0"6" Concrete Curb at Playground Areas1'-6"12"NON-WOVENGEOTEXTILE FABRICDRAINAGE PER SURFACINGMANUFACTURER'SSPECIFICATIONSVEGETATIONPER PLANFINISHED GRADE6" POUREDCONCRETE CURB AT18" DEPTH,14" BULL NOSE EDGESENGINEERED WOOD FIBERPLAYGROUND SURFACING6" COMPACTED34" MINUSAGGREGATENATIVE SOIL4'-6" Dog Park Fence3/8"=1'L50154'-6"3'-4"3'-9"ELEVATION VIEWSECTION VIEW6"9"3"6' O.C.4' O.C.PROVIDE 4"-6"BETWEEN POSTS4"NOTE: TIMBER TO BE ROUGH SAWN CEDAR.BELOW GRADE POSTS TO BE TREATED WITHHIGH-QUALITY WOOD PRESERVATIVE.RAILS SHOULD BE UNTREATED.2"x6" TREATED TIMBERTOP RAIL (TYP)2"x6" TREATEDTIMBER RUNNER (TYP)4"x4" 14ga. WELDEDWIRE PANEL (TYP)2"x6" TREATEDTIMBER SLAT (TYP)2"x6" TREATEDTIMBER RUNNER (TYP)MIN. 1"- MAX. 2" REVEALBETWEEN FINISHEDGRADE & RUNNERFINISHED GRADE12" DIA. SONOTUBEFOOTING,TIMBER POST TOBE WETSET FLUSH,CENTERED AND TRUE6" COMPACTED 34" MINUS AGG.2"x6" TREATEDTIMBER TOP RAIL (TYP)2"x6" TREATEDTIMBER RUNNER (TYP)4"x4" 14ga. WELDEDWIRE PANEL (TYP)2"x6" TREATEDTIMBER SLAT (TYP)FINISHED GRADE1"x1" TREATEDTIMBER TRIM (TYP)4"x4" TREATEDTIMBER POST (TYP)ACCESSIBLE RINGLATCH MANUFACTUREDBY HAMILTON HINGE CO.VERIFY INSTALLATIONWITH MANUFACTURER2"x4" TREATED TIMBERCROSS BRACE2% Min SLOPE4:1 Max4:1 MaxSEE PLAN2L5011/2" = 1'-0"Class I (6" Thick) Concrete Walk (Typ.)2% Min SLOPE4:1 Max4:1 MaxSEE PLAN1L5011/2" = 1'-0"Class II (4" Thick) Concrete Walk (Typ.)6" Min THICKNESS CONCRETE,REINFORCED WITH #4 REBAR EVERY16" O.C. TYP6" Min THICKNESS OF 34"Minus COMPACTED CRUSHEDGRAVEL BASECOMPACTED SUB-GRADE4" Min THICKNESS CONCRETE6" Min THICKNESS OF 34"Minus COMPACTED CRUSHEDGRAVEL BASECOMPACTED SUB-GRADENATIVE GRASS SEEDING PER PLANTREES AND SHRUBS TO BE PLANTED IN NATURALIZEDGROUPING PER PLAN. ALL TREES AND SHRUBS TO BEPLANTED ABOVE ANY PERMANENT WATER LINE.SEE CIVIL FOR DETENTION POND DEPTH AND GRADINGBOULDERS TO BE PLACED IN NATURALIZEDGROUPINGS PER PLAN ALONG DETENTIONPOND BANKMAX 4:1 SLOPE8L5013/16" = 1'-0"Detention Pond Cross Section (Typ.)Maintenance Gate at 4'-6" Dog Park Fence3/8"=1'L50164' O.C.ELEVATION VIEW - GATEPROVIDE 4"-6"BETWEEN POSTS4' O.C.4"NOTE: TIMBER TO BE ROUGH SAWN CEDAR.BELOW GRADE POSTS TO BE TREATED WITHHIGH-QUALITY WOOD PRESERVATIVE.RAILS SHOULD BE UNTREATED.2"x6" TREATED TIMBERTOP RAIL (TYP)2"x6" TREATEDTIMBER RUNNER (TYP)4"x4" 14ga. WELDEDWIRE PANEL (TYP)2"x6" TREATEDTIMBER SLAT (TYP)2"x6" TREATEDTIMBER RUNNER (TYP)MIN. 1"- MAX. 2" REVEALBETWEEN FINISHEDGRADE & RUNNERFINISHED GRADE12" DIA. SONOTUBEFOOTING,TIMBER POST TOBE WETSET FLUSH,CENTERED AND TRUE6" COMPACTED 34" MINUS AGG.2"x4" TREATED TIMBERCROSS BRACEACCESSIBLE RINGLATCH MANUFACTUREDBY HAMILTON HINGE CO.VERIFY INSTALLATIONWITH MANUFACTURER7L501NTSTrash Receptacle - Surface MountNOTE: CITY STANDARD OUTDOORTRASH AND RECYCLE CART GARAGE.TO BE INSTALLED PERMANUFACTURER ON CONCRETE PAD.4L5013/4" = 1'-0"Playground Areas at Concrete Sidewalk12"NON-WOVENGEOTEXTILE FABRICDRAINAGE PER SURFACINGMANUFACTURER'SSPECIFICATIONS1" REVEALFINISHED GRADEENGINEERED WOOD FIBERPLAYGROUND SURFACING4" Min THICKNESS CONCRETE6" Min THICKNESS OF 34"Minus COMPACTEDCRUSHED GRAVEL BASE9L5011" = 1'-0"Natural Steel Edging - Planting BedFINISH GRADENOTE:1.REMOVE ALL DEBRIS AND STONES (LARGER THAN 3" DIAMETER)2.ALL PLANTING BEDS TO BE EXCAVATED 18" DEEP. SCARIFY SIDES ANDBOTTOM TO REMOVE GLAZING. ALL BEDS TO RECEIVE NEW, AMENDEDSOIL: MIX 1" COMPOST WITH MIN. 17" NEW TOPSOIL, FOR A COMBINEDSETTLED DEPTH OF 18". RAKE SMOOTH TO MATCH FINAL GRADING PLAN1" REVEALNATIVE SOIL316" X 4" NATURAL STEEL EDGING TACWELDED TO #4 REBAR DRIVENMIN. 18" REBAR SPACED 24" O.C.3" - 4" LAYER OF MULCH. MULCHTYPE PER PLAN.LAWN OR NATIVE SEED& SOIL, PER PLANTOPSOIL, SEE NOTE 2LandscapeDetailsL 501design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l500_sud-park_standarddetails2021.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev111591 1L5021/2" = 1'Loll HD Adirondack Chair at Lawn Area(4) SURFACE MOUNTTABS WITH 1/2" HOLEFOR ANCHORING.NON-CORROSIVEHARDWARE SUPPLIEDBY OTHERS.39 34"(1) 8" SONOTUBEFOOTINGAT EACH CHAIR FORTHEFT PREVENTION2'-6"13 14"25 14"16"MANUFACTURER:LOLL DESIGNSDULUTH, MN 55807877-740-3387ADIRONDACK CHAIR (FLAT)MODEL: SEE SHEET L001COLORS: SEE SHEET L0012L5021/2 = 1'-0"LF Glide Bench - Surface MountBENCH, SURFACE MOUNTWITH BOLTS PERMANUFACTURER'SSPECIFICATIONSFINISH GRADE4" CONCRETE6'-3"MANUFACTURER:LANDSCAPE FORMSKALAMAZOO, MI 49048269-276-4433GLIDE BENCHMODEL: SEE SHEET L001COLORS: SEE SHEET L0011'-3"5'-11"2'-7"ALFRESCO TABLE5L5021/2" = 1'Loll Alfresco 82 Dining Table and Alfresco 68 Bench - Surface Mount(4) SURFACE MOUNT TABS WITH 1/2"HOLE FOR ANCHORING.NON-CORROSIVE HARDWARESUPPLIED BY OTHERS.FINISH GRADE4" CONCRETEALFRESCO BENCH(4) SURFACE MOUNT TABS WITH 1/2"HOLE FOR ANCHORING.NON-CORROSIVE HARDWARESUPPLIED BY OTHERS.FINISH GRADE4" CONCRETE6'-10"2'-2"2'-6"3'5'-8"1'-2 34"1'-5"MANUFACTURER: LOLL DESIGNSDULUTH, MN 55807877-740-338782" ALFRESCO TABLE68" ALFRESCO BENCHMODEL: SEE SHEET L001COLORS: SEE SHEET L0013L502NTSPet Waste Station - In Ground MountMANUFACTURER:PET WASTE CO.1-800-738-7940www.petwasteco.comPINCH & PULL STATIONMODEL: SEE SHEET L001COLORS: SEE SHEET L0014L502NTSEducational Signage - Gallatin Watershed CouncilNOTE: EDUCATIONALSIGN TO DISPLAYGRAPHIC BY GALLATINWATERSHED COUNCILGRAPHIC. FINALDESIGN, IMAGESELECTION, ANDINSTALL COORDINATIONBY THE GALLATINWATERSHED COUNCIL.CONTACT:HEATHER PRIESTHEATHER@GALLATINWATERSHEDCOUNCIL.ORG406-560-44259L5021/2" = 1'-0"Prefab. Pedestrian Truss Bridge - ElevationNOTE: BRIDGE DETAILS ARE CONCEPTUAL ONLY. CONCRETE ABUTMENT DESIGN BY OTHERS.CONTRACTOR TO PROVIDE SHOP DRAWINGS FOR BRIDGE DESIGN & COORDINATE WITH CIVILFOR STRUCTURAL DESIGN & PERMITTING. BRIDGE TO COMPLY WITH ALL CITY OF BOZEMANUNIFIED DEVELOPMENT CODE AND AASHTO STANDARDS. RAILING UNIT BY OTHERS.TOPCHORDVERTICALBRACEDIAGONALBRACEBOTTOMCHORDFLOOR BEAMCONCRETE ABUTMENT,SEE CIVIL FOR DETAILSHORIZONTAL PICKETS(MAX 4" SPACING)20'MIN. 42"SIDE ELEVATION10L5021/2" = 1'-0"Prefab. Pedestrian Truss Bridge - Plan ViewDECKBRACINGFRAMINGCONCRETE DECKBOTTOMCHORDDIAGONALBRACESIDE DAMFLOOR BEAM6'PLAN VIEW11L5021/2" = 1'-0"Prefab. Pedestrian Truss Bridge - SectionSECTIONHORIZONTAL PICKETSBOTTOM CHORDRUB RAILTOP CHORDDIAGONAL BRACECONCRETE DECKMIN. 42"6'3'-6"7L5021" = 1'-0"MaxiForce Collapsible BollardMAXIFORCE BOLLARDSSYKESVILLE, MD 21784410-552-9888"SIMPLE" BASE INSTALLATIONMODEL: SEE SHEET L001COLOR: SEE SHEET L0016"2'-8"8" 3'-4"3"3 58"CLEARANCEMAXIFORCEBOLLARD, 3"X6" TUBETOP OF BASE TO BEFLUSH W/ FINISH GRADEADJACENTCONCRETE PAVEMENTPOURED CONCRETEFOOTING, PERMANUFACTURERELEVATIONSFOOTINGINFORMATION8L5021/2" = 1'-0"Primary Park SignFRONT ELEVATIONSECTIONNOTE: SIGNAGE DETAIL IS CONCEPTUAL ONLY.VERIFY SHOP DRAWINGS WITH CITY OF BOZEMANPARK WAYFINDING STANDARDS. PRIMARY SIGN TODISPLAY PARK NAME & LOCATION.5'6'SELF ADHESIVE VINYLGRAPHICS, BY OTHERS14" STEEL PLATE POWDERCOATED, COLOR BY CITY14" STEEL KNIFE PLATE WITHANCHOR BOLTS TOCONCRETECONCRETE PAD& FOOTINGSC5X6.7 STEEL CHANNELUNFINISHED58" THRU BOLT (TYP.)14" STEEL PLATE POWDERCOATED, COLOR BY CITY6L5021/2" = 1'Ride Bike Rack - Surface Mounted24"MIN.TONEARESTOBJECT30" MIN TO NEAREST OBJECT2'-8"BIKE RACK.SURFACE MOUNTWITH BOLTS PERMANUFACTURER'SSPECIFICATIONSFINISH GRADERACKS ARE TOBE PLACED AMIN. 30" ONCENTER.4" CONCRETE2'-4"2'-2"2'-4"MANUFACTURER:LANDSCAPE FORMSKALAMAZOO, MI 49048269-276-4433RIDE BIKE RACKMODEL: SEE SHEET L001COLORS: SEE SHEETL001LandscapeDetailsL 502design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l500_sud-park_standarddetails2021.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev11592 3L5033/8" = 1'-0"Forever Redwood Pavilion - Plan & ElevationNOTE: DRAWINGS ARECONCEPTUAL ONLY. VERIFY FINALPAVILION PLANS & DETAILS WITHMANUFACTURER'S STAMPEDSTRUCTURAL DRAWINGS.FOREVER REDWOODANNAPOLIS, CA866-32-2403SALES@FOREVERREDWOOD.COMPLAYGROUND PAVILIONTHE THICK TIMBER TOLEDO WOOD PAVILION18'X26' SIZE, 8"X8" POSTSELECTRICAL WIRING TRIM KIT ALL POSTSGALE WIND ANCHOR KIT ALL POSTSSTANDARD METAL ROOF, FINAL COLOR TBDINCLUDE (2) FASCIA BOARDS FOR GUTTERS,ANGLE IRON GUTTER: SEE DETAIL 4/L503FOOD TRUCK PAVILIONTHE THICK TIMBER TOLEDO WOOD PAVILION14'X40' SIZE, 8"X8" POSTSELECTRICAL WIRING TRIM KIT ALL POSTSGALE WIND ANCHOR KIT ALL POSTSSTANDARD METAL ROOF, FINAL COLOR TBDINCLUDE (2) FASCIA BOARDS FOR GUTTERS,ANGLE IRON GUTTER: SEE DETAIL 4/L5031L503 1 1/2" = 1'-0"Forever Redwood Pavilion - FootingsNOTE: DRAWINGS ARE CONCEPTUALONLY. VERIFY FINAL PAVILION PLANS &DETAILS WITH MANUFACTURER'SSTAMPED STRUCTURAL DRAWINGS.2L5033/8" = 1'-0"Duncan & Grove Windmill Flower - ElevationNOTE: DRAWINGS IS FORINTENT ONLY. VERIFY FINALFOUNDATION DESIGN WITHMANUFACTURER.DUNCAN & GROVEHEBRON, IL 600341-800-571-9470WINDMILL FLOWERMODEL #WP.1.0119.6' OVERALL HEIGHTAngle Iron Gutter at Pavilin 1 1/2"=1'L50348"X8" TIMBER POSTTIMBER FASCIA BOARD2"2"METAL ROOFING14" STEEL ANGLE IRON, SECUREDTO FASCIA WITH 2" DECK SCREWSAT 12" ON CENTERPITCH SLOPE OF ANGLE IRONIN FIELD PER PLAN, MAINTAINPOSITIVE DRAINAGETIMBER TRUSSNOTE: DRAWING IS CONCEPTUAL ONLY.VERIFY FINAL PLACEMENT AND SIZE OFANGLE IRON WITH MANUFACTURER'SSTAMPED STRUCTURAL DRAWINGS.LandscapeDetailsL 503design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l500_sud-park_standarddetails2021.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev1111593 1L5041/8" = 1'-0"Playground Equipment LayoutPlaygroundDetailsL 504design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l500_sud-park_standarddetails2021.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev11594 GWCGWCRRSSSSSSSSSSSSSSSSSSWWWWWWWWWWWWWWWWWWWOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHESSSSSSSSSSSSSSSSSSW UGESD**********SSWEXISTINGTRAILS (TYP)4940 494 1 49 4 2 4939 4938 493749364935 4934 49334952 49 5 5 4953 4954 495149504949494849454947494649424943494449 5 6 49 5 7 495 8 4959 49 6 0 49 6 1 EXISTINGTRAILS (TYP)SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSWWWWWWWWWWWWWWWWWSTORM BASINSTORMBASIN WWAMUAMUAMUAMUAMUAMUSIOSIOSIO8'8'8'8'8'UGEUGEUGEUGEUGEUGELIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIM LIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIM LIM LIM LIM LIM 4945'4945'4940'4950'4955' 4 9 6 0 ' 4 9 5 5 '4950'4940 '4955'MPMPMPSOUTH 17TH AVE. SOUTH 14TH AVE.ARNOLD ST.CITY PARK 29.64 ACCITY PARK 313.36 ACMETER PIT, SEE CIVIL FOR DETAILS,FINAL LOCATION TBDMETER PIT, SEE CIVIL FOR DETAILS,FINAL LOCATION TBDMETER PIT, SEE CIVIL FOR DETAILS,FINAL LOCATION TBDPROVIDE DRIP IRRIGATIONTO WATERCOURSE TREES & SHRUBSPROVIDE DRIP IRRIGATIONTO WATERCOURSE TREES & SHRUBSIRRIGATION SLEEVE, TYP.EXISTING IRRIGATION EASEMENTBFCPCONNECTION POINT &BACKFLOW PREVENTERBFCPCONNECTION POINT &BACKFLOW PREVENTERBFCPCONNECTION POINT &BACKFLOW PREVENTERIRRIGATIONTYPEIRRIGATION SCHEDULE - MUNICIPAL WATERTOTALAREA / QTYANNUALET RATETOTALANNUAL H2O54,130 SF29 IN / SF977,967 GALH.E. SOD SPRAY IRRIGATION 297,373 SF6 IN / SF1,111,580GALH.E. NATIVE/FESCUE SPRAY IRRIGATIONH.E. TREEBUBBLER159 TREES16.5 GAL /WEEK47,223 GALH.E. SHRUBDRIP IRRIG.166 SHRUBS7.5 GAL /WEEK22,410 GALTOTAL ANNUAL H2O REQUIRED: 2,159,180 GALTOTAL ACRE FEET PER YEAR: 6.63 ACRE FEETCONCEPTUAL IRRIGATION NOTES:1.ALL SECTIONS OF MAINLINE CROSSING UNDER CONCRETE, ROADS, OR OTHER LARGEHARDSCAPE SURFACES TO BE IN SCH. 40 PVC SLEEVES.1.1.SLEEVES TO BE DOUBLE THE DIAMETER OF PROPOSED MAINLINE.1.2.LATERAL LINE SLEEVES TO BE SCH. 40 PVC AT LEAST DOUBLE THE DIAMETER OF THELATERAL LINE SIZE PROPOSED.2.ALL SYSTEMS TO BE ON A LOOPED MAINLINE WHERE POSSIBLE, REFER TO CONCEPTUALIRRIGATION MAINLINE LAYOUT.3.ALL SYSTEMS WILL BE 2 WIRE DECODER TYPE SYSTEMS.4.ALL INFORMATION SHOWN ON CONCEPTUAL DRAWINGS TO BE VERIFIED BY IRRIGATIONDESIGNER, AND CONTRACTOR. COORDINATION WITH GENERAL CONTRACTOR IS NECESSARYBEFORE CONSTRUCTION BEGINS TO ENSURE PROPER LOCATION OF SLEEVES, ELECTRICALCONNECTIONS, AND WATER SOURCE CONNECTIONS.5.ALL IRRIGATION COMPONENTS TO BE HIGH EFFICIENCY, HEADS, NOZZLES, DRIP, VALVES, ANDFITTINGS.GENERAL IRRIGATION NOTES AND SPECIFICATIONS1.THESE PLANS PROVIDE GENERAL ANTICIPATED WATER DEMAND AND TYPE OF IRRIGATION FORTHE PARK, WHICH IS IRRIGATED BY MUNICIPAL WATER.2.ALL VALVE BOXES TO BE STANDARD SIZE OR LARGER3.IRRIGATION MAIN LINE TO BE SCH. 40 PVC SOLVENT WELDED PVC IN CONTINUOUS LOOP, SIZE OFLINE DEPENDENT ON WATER DEMAND AS DETERMINED BY LANDSCAPE CONTRACTOR. LATERALLINES TO BE 1" SCH 40 SOLVENT WELDED PVC; DEPENDENT ON PRESSURES AND GALLONS PERMINUTE AT DISCRETION OF LANDSCAPE CONTRACTOR BASED ON PROFESSIONAL EXPERIENCEAND OPINION UPON DESIGN AND INSTALLATION OF THE SYSTEM.4.ALL TREES TO BE IRRIGATED THROUGH DEDICATED BUBBLERS EVENLY DISTRIBUTED AROUNDBASE OF TREE WITH FOUR (4) EVENLY SPACED 1 GPH BUBBLER EMITTERS.5.TREES AND SHRUBS PLACED WITHIN PLANTING BEDS MAY UTILIZE DRIP IRRIGATION ADJUSTEDPER INDIVIDUAL PLANT REQUIREMENTS.6.ALL SHRUBS OUTSIDE OF DEDICATED PLANTING BEDS TO HAVE DEDICATED BUBBLERS EVENLYDISTRIBUTED AROUND BASE, WITH TWO (2) EVENLY SPACED 1 GPH EMITTER.7.BUBBLERS TO TREES MAY BE OMITTED WHERE OVERHEAD IRRIGATION WILL PROVIDEADEQUATE WATER.8.ALL MIXED SHRUB AND PERENNIAL PLANTINGS TO BE IRRIGATED WITH DEDICATED DRIP TUBINGW/ EMITTERS ADJUSTED PER INDIVIDUAL PLANT REQUIREMENTS.9.LAWN AND SEED AREAS TO BE IRRIGATED WITH SPRAY OR ROTOR OVERHEAD IRRIGATION ASINDICATED PER PLAN.9.1.ALL SPRAY OR ROTOR OVERHEAD IRRIGATION HEADS WILL BE INSTALLED AND ADJUSTEDPROPERLY TO MINIMIZE WATER OVER THROW ONTO PAVEMENT.9.2.ALL SPRAY OR ROTOR OVERHEAD IRRIGATION TO UTILIZE WATER EFFICIENT NOZZLES(MULTI-SPRAY, MULTI-TRAJECTORY, OR ROTATING SPRAY).10.ALL HEADS MUST ACHIEVE HEAD-TO-HEAD COVERAGE FOR SOD AREAS.11.SYSTEM SHALL UTILIZE WEATHER / MOISTURE MONITOR.12.BACKFLOW ASSEMBLY AND BLOWOUT ASSEMBLY SHALL BE LOCATED IN APPROVED EXTERNALGRADEBOX, AND IS THE RESPONSIBILITY OF THE LANDSCAPE CONTRACTOR TO COORDINATEINSTALLATION PER LOCAL CODES AND ORDINANCES, WITH ARCHITECTURE AND WITH ALLOTHER TRADES.13.POWER SOURCE FOR IRRIGATION CONTROLLER TO BE COORDINATED WITH ELECTRICALENGINEERING AND ELECTRICAL CONTRACTOR BY LANDSCAPE CONTRACTOR.14.DO NOT INSTALL IRRIGATION SYSTEM WHEN OBVIOUS OBSTRUCTIONS OR GRADE CHANGESARE PRESENT.15.ALL INFORMATION TO BE FIELD VERIFIED BY CONTRACTOR PRIOR TO INSTALLATION.16.THE CONTRACTOR SHALL MAINTAIN AN ACCURATE & CURRENT 'AS-BUILT' IRRIGATION PLAN ONSITE AT ALL TIMES.17.ALL SPRAY AND ROTOR HEADS WITHIN SOD LAWN AREAS TO PROVIDE A PRECIPITATION RATEOF 0.4-0.8"/sqft.SYMBOLSIZEDESCRIPTIONIRRIGATION LEGENDBACKFLOW PREVENTER1"CONNECTION POINTIRRIGATION SLEEVE, 4" MIN. SCH 40 PVC*NOTES:-IRRIGATION LAYOUT TO BE DETERMINED IN FIELD BYIRRIGATION CONTRACTOR-FINAL IRRIGATION AS-BUILT MAPS TO BE PROVIDED TO THECITY OF BOZEMAN PARKS DIVISION-WELLS TO BE INSTALLED AT DISTANCE FROM SANITARYSEWER LINES PER CURRENT REGULATIONS-IRRIGATION SYSTEM TO BE HUNTER 2-WIRESYSTEM/DECODERS WITH HUNTER CONTROLLER ONMETAL PEDESTAL MOUNT, UNLESS OTHERWISE APPROVEDBY THE CITY'S PARKS OPS SUPT-N/AN/APROPOSED METER PIT (3)**FINAL LOCATION TBD BY CIVILMPN/ABFCPFINISH GRADESCH. 40 PVC SLEEVE - 4" MIN. OR 2X THE O.D.OF THE IRRIGATION PIPINGWRAP 12 GAUGE WIRE AROUND EACH ENDOF THE SLEEVE AND EXTEND TO THESURFACEWASHED AND GRADED MORTARSAND BACKFILL IN ROCKY SOIL.PAVEMENT EDGENOTE:1.CAP SLEEVES UNTIL USE.2.4" MIN. HORIZONTAL SEPARATION REQUIRED BETWEEN SLEEVESIN THE SAME TRENCH.3.IRRIGATION PIPE AND CONTROL WIRES SHALL BE SLEEVEDSEPARATELY.4.SOIL AROUND SLEEVE BACKFILLED AND COMPACTED TO THESAME DENSITY AS THE SURROUNDING SOIL.DEPTH PER TRENCHING DETAIL2L600NTSIrrigation Sleeve60300120N1L6001"=60'-0"Irrigation Water Use EstimateIrrigation WaterUse Estimate -MunicipalL 600design5la.com406.587.4873dateissuedrawn by:checked by:filename:z:\sud park master plan\autocad\01_sheets\l600_sud-park_irrigation.dwg Southwood Park Park Master Plan Bozeman, Montana KHM/HU TMS 12/02/2275% Progress Set01/18/2375% Park Update04/26/23100% Bid Set06/23/23100% CD Rev11SUD PARK IRRIGATION NOTES:-PRESSURE IN THE EXISTING/FUTURE WATER MAIN IS 60 PSI ON THE SOUTH END OF17TH/ARNOLD AND 70 PSI ON THE NORTH END OF 17TH. A PRESSURE REDUCING VALVE (PRV)IS NOT REQUIRED ON THOSE PROPOSED IRRIGATION SERVICES.-MAX FLOW RATE THROUGH ANY OF THE IRRIGATION METERS SHALL BE LESS THAN 55GALLONS/MINUTE TO CONSERVE PRESSURE. AT THE MAX FLOW RATE OF 55 PSI, THEPRESSURE AFTER THE METER CONFIGURATION AND BACKFLOW PREVENTOR IS EXPECTEDTO BE 15 PSI LESS THAN THE PRESSURE OF THE MAIN.-THE IRRIGATION SYSTEM DESIGNER SHALL ENSURE ADEQUATE PRESSURE IS AVAILABLE ATTHE SPRINKLER HEADS GIVEN STARTING PRESSURE.595 4945PEDESTRIAN BRIDGE DETAILPOST-CONSTRUCTION 100-YRWATER SURFACE AT TRAILCROSSING ELEV: 49xx.xx'PEDESTRIAN BRIDGETOP VIEWPEDESTRIAN BRIDGESIDE VIEWBRIDGE DESIGN CRITERIANOTESWETLAND CROSSING TRAIL SECTIONC7.4PARK TRAIL ANDBRIDGE DETAILPARK TRAIL PROFILE1 12/2/2021 DRAFT CONCEPT PLAN 2 12/7/2022 75% DESIGN 3 4/26/2023 95% CD's PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBLOCK 3 - OFF-SITE IMPROVEMENTS CAPSTONE COLLEGIATE COMMUNITIES LLC 596 NGNWETRANSFORMERPRIMARY BY NWEPROVIDE CONDUIT ASDIRECTED BY NWEGROUND PERNEC. (#4CU UFERIN CONCRETEFOOTING)METER/BREAKER PANEL "A"200A, 240/120V, IPH, NEMA 3R.PROVIDE 320 AMP METER SOCKETPER NWE REQUIREMENTS1PICNIC PAVILION #1 LIGHTSA-7N23LIGHTINGCONTROLPANEL "LCP"46-POLE 30 AMPELECTRICALLYHELD LIGHTINGCONTACTOR2E001LIGHTING CONTROL PANEL "LCP" NTSA-1A-3A-5BYPASSTESTSWITCHPICNIC PAVILION #2 LIGHTSFUTURE PERFORMANCE PAVILION LIGHTSSPARESPARENOTE:NEUTRAL NOT SHOWN FOR CLARITY PURPOSES.SPARE1.ALL CONDUIT SHALL BE SCHEDULE 40 PVC UL LISTED ELECTRICALCONDUIT. (PVC WATER PIPE IS NOT ACCEPTABLE). BURY MIN. 24" BELOWGRADE.2.ALL WORK SHALL BE IN CONFORMANCE WITH THE NEC.3.MINIMUM CONDUIT SIZE SHALL BE 1".4.CONDUIT AND CONDUCTOR SIZE/QTY CALLED OUT IN THE HOME RUNSHALL BE CARRIED THROUGHOUT THE ENTIRE CIRCUIT.5.ALL CONDUCTORS SHALL BE COPPER.6.ELECTRICAL PLANS ARE DIAGRAMMATIC. SEE CIVIL PLANS FOR EXACTCONDUIT ROUTING. PROVIDE FLUSH IN GRADE PULL BOXES WHEREREQUIRED. COORDINATE PULL BOX LOCATION WITH LANDSCAPEARCHITECT.GENERAL NOTESSHEET WORK NOTES1.COORDINATE ELECTRICAL SERVICE CONNECTION WITH NORTH WESTERNENERGY. PROVIDE EMPTY CONDUIT AS DIRECTED BY NORTHWESTERNENERGY.2.PHOTO ELECTRIC CONTROL. INTERMATIC #K4136M, TORK,WATTSTOPPER, OR EQUAL. MOUNT ON TOP OF METER PANEL "A" ANDFACE NORTH.3.TIME CLOCK SHALL BE INTERMATIC #ET11056, TORK, WATTSTOPPER, OREQUAL. SET TO SHUT LIGHTS OFF AT TIME DETERMINED BYOWNER.4.LIGHTING CONTROL PANEL SHALL BE A 18" x 18" x 6" NEMA 3R, HINGEDCOVER PANEL WITH PAD LOCK HASP. INSTALL LIGHTING CONTACTOR,TEST SWITCH, AND TIME CLOCK INSIDE PANEL. IN EACH "LCP" INSTALL ALAMINATED AS-BUILT COPY OF THE CONTROL DIAGRAM AND SITE PLANSHOWING POLE LOCATIONS.5.VERIFY METER PANEL HEIGHT WITH NWE REQUIREMENTS.-LEGENDSHEET WORK NOTES240V RECEPTACLEDUPLEX GFI, WEATHER RESISTANT DUPLEXRECEPTACLE W/CAST IN USE COVERMETER PANELLIGHTING CONTROL PANELBRANCH CIRCUIT CONDUIT/WIREHOME RUN TO PANEL MP (1,3,5 = CIRCUIT NUMBER)PAD MOUNTED NWE TRANSFORMERSURFACE MOUNTED LIGHT-1,3,5PANEL ALOCATION:AMPS:200MINIMUM AIC:22K AICTYPE OF MAIN: 300 AMP MCBVOLTS:120/240MOUNT:SURFACE, NEMA 3RMANUFACTURER:PHASE1WIRE3NOTES:PANEL "A" SHALL BE A METER/BREAKER PANEL PER ONELINETYPE:LOAD CIRCUIT DESCRIPTIONCKTPBRKRVOLTABVOLTBRKRPCKT CIRCUIT DESCRIPTIONLOADTYPENOAMPAMPSAMPSAMPNOTYPELPICNIC PAVILLION #1 LIGHITNG1120114311430005012FOOD TRUCK RECEPTACLES 50AQLPICNIC PAVILLION #2 LIGHITNG312017131713000--4QLFUTURE PERFORMANCE PAVILLION5120300030005016FOOD TRUCK RECEPTACLES 50AQPLIGHTING CONTROL PANEL712018031803000--8QPIRRIGATION TIME CLOCK91201803180300050110FOOD TRUCK RECEPTACLES 50AQSPARE1112030003000--12QSPARE131203000300050114FOOD TRUCK RECEPTACLES 50AQSPARE1512030003000--16QSPARE1712036036020118PICNIC PAVILION #1 RECEPTACLESQSPARE1912036036020120PICNIC PAVILION #2 RECEPTACLESQSPARE2112020122SPARESPARE2312020124SPARE1265412711CONNECTED PHASE VA105.5A105.9ACONNECTED PHASE AMPSLOAD CODESCONNECTEDPANEL A P=PANEL360 L=LIGHTING285 R=RECEPTACLE0AB-0.4% 1M=1PH MOTORS0 Q=EQUIPMENT24720 E=ELECTRIC HEAT025365 VA4/21/2023 4:53 PM105.7 ALUMINAIRE SCHEDULETYPEDESCRIPTIONMANUF.CATALOG NUMBERHEIGHTLAMPCRIKELVINNO.VOLTAGEWLUMENSDIMMINGFINISHNOTESS1ROUND SURFACE MOUNTED LEDPACO LIGHTING INC.AC700-50-35-O-MV-BK-DH-D10'LED9035005120-277575,0000-10VBLACKNOTES:1.8"X8" PAVILIONPOST24" BELOW GRADE 3' 2'CAST, TYPE FS BOX WITH50A NEMA 14-50R RECEPTACLECONDUITS TO & FROM -SEE 4/E300 FOR CIRCUITING(CONDUITS TO BE PVC)CAST, TYPE FS BOX WITH20A GFI DUPLEX RECEPTACLEP&S 2091-5 OR EQUAL8"X8" PAVILIONPOST24" BELOW GRADE 3' 2'CONDUITS TO & FROM -SEE 4/E300 FOR CIRCUITING(CONDUITS TO BE PVC)CONDUITS TO & FROM -SEE 4/E300 FOR CIRCUITING(CONDUITS TO BE PVC)3" CONCRETEENCASEMENT8"X8" PRESSURETREATED WOODPOST24" UNDERGROUNDLEVEL4'2'"PANEL A"5'LIGHTINGCONTROLPANELIRRIGATIONTIME CLOCK3"506.29.17 11:09 PM | L:\SUD_PARK3\BIMCAD\Elec\E001 - SCHEDULES, LEGEND, ONE LINE.dwgE001ONE LINE, LEGEND,& SCHEDULESEGOLF-BRONEC1E001ONE LINE NTS3E001FOOD TRUCK OUTLET DETAIL NTSDRAWN BY |REVISIONS©| ALL RIGHTS RESERVEDCHECKED BY |®PROJECT #|CITY PARK 3 SUD_PARK3 BOZEMAN, MT 59715CONSTRUCTIONDOCUMENTS04.23.2023NOT FOR CONSTRUCTION - PRELIMINARY DESIGN 2020SUD_PARK34E001PAVILIAN OUTLET DETAIL NTS5E001METER PANEL AND LIGHITNG CONTROL PANEL MOUNT NTS597 A.B.1.2.3.C.1.2.3.4.5.D.1.2.E.1.2.3.4.F.G.H.1.I.1.a.b.c.J.1.1.2.3.ELECTRICAL SPECIFICATIONSDIVISION 26 - ELECTRICALSCOPEThe provisions, terms and requirements of Division 1 and 2, the applicable Drawings and Technical Specifications herein shallapply to work under this Division.This Work consists of, but is not necessarily limited to, the furnishing of all labor, equipment, appliances and materials and theperformance of all operations in connection with the installation of all electrical work completed, in strict accordance withSpecifications and/or Drawings, applicable codes, including incidental materials necessary and required for their completion."PROVIDE" = Furnished and installed complete. "OR EQUAL" = Or equal as approved to quote by Engineer, 10 days prior toBid.260000 - COMMON WORK RESULTSIntent of Drawings: Drawings are partly diagrammatic and do not show exact location of conduit unless specificallydimensioned.Workmanship:Work shall be accomplished by workmen skilled in particular trade, in conformance with best practices andaccepted standards.Work shall contribute to efficiency of operation, accessibility, maintenance and appearance. No part of installationshall interfere with operation of any other system or part of building.Non-satisfactory work shall be corrected at no additional expense to Owner.Responsibility:The Electrical Contractor is responsible for installation of satisfactory and complete work in accordance with theintent of Drawings and Specifications. Provide, at no extra cost, incidental items required for completion of workeven though not specifically mentioned or indicated in Specifications or on Drawings.If, at any time, and in any case, change in location of conduit, outlets, fixtures, switches, panels, electricalequipment or associated components, etc., becomes necessary due to obstacles or installation of other trades,such required changes shall be made by Contractor at no extra cost.Conflicts discovered during construction shall be immediately called to the attention of the Engineer for decision.Do not proceed with installation in area of question until conflict has been fully resolved.Coordinate all electrical work with other trades to prevent unnecessary delays in the construction schedule.Excavation and backfill required by electrical installations shall be accomplished in accordance with Division 2 bythis Contractor.Guarantee-Warranty: This Contractor shall and hereby does warrant and guarantee:That all work executed under this Section will be free from defects of materials and workmanship for a period ofone year from the date of final acceptance of this work.The Contractor agrees to, at the Contractor's own expense, repair and replace all such defective materials andwork and all other work damaged thereby which becomes defective during the term of warranty. Agreement doesnot include damages done by Owner.Permits, Tests, Codes and Standards:Electrical Contractor to pay for all permits and fees in connection with this work.WORK SHALL BE IN ACCORDANCE WITH THE MOST RECENT EDITIONS OF ADOPTED LOCAL, STATEAND NATIONAL CODES AND ORDINANCES, THE STATE FIRE MARSHAL, AND UTILITY COMPANYREGULATIONS.Electrical work shall conform to National Electrical Codes, latest editions, as a minimum requirement.All material to conform with applicable standards.Discrepancies: Prior to submitting Bid, Contractor shall refer any apparent discrepancies or omissions to engineer forclarification.Prior Approvals: All proposed substitutions shall be received by the Engineer10 days prior to Bid. Priors receivedafter 3 p.m. of the 10th day will be rejected. Supply technical data, photometrics and dimensional Drawingsshowing that substitutes are equal to product specified.Shop Drawing Submittals:In addition to distribution requirements for submittals specified in Division 1 Section "Submittals," submit ElectronicDrawings in pdf format for final and official approval through the General Contractor as listed below. If theAuthority Having Jurisdiction requires Shop Drawings to have a Registered Engineers Stamp Affixed, this shall bethe sole responsibility of the Contractor to acquire such stamp at Contractor's cost.Additional copies may be required by individual Sections of these Specifications. Copies of price list sheets arenot acceptable. Manufacturer's name and address must appear on each sheet. All copies shall be legible.Shop Drawings shall include a completed specification sheet of all equipment along with fabrication, installationdrawings, setting diagrams, schedules, patterns, templates and similar Drawings.Project Close-Out Record Documents:Provide three full size sets, unless more are called for under Division 1 (one for Engineer and one for Owner). Inaddition to requirements called for under Division 1, indicate the following installed conditions:Actual location of all electrical service gear/feeders, panel/motor/special equipment feeders, all majorunderground or underslab conduits, all conduit stubs for future use, any change in branch circuitry fromDrawings, key junction boxes and pull boxes not indicated on Drawings, any control locations or indicatorlights not shown on Drawings.Addendum items, change order items and all changes made to Drawings from Bidding phase through toProject completion.Actual equipment and materials installed. Where manufacturer and catalog number are indicated onDrawings, generally or in fixture or equipment schedules, change to reflect actual products installed.Change service panel and branch panel breaker locations and schedules to reflect actual installedconditions.d.Project Close-out Maintenance Manuals:Prepare 3 copies, unless more are called for under Division 1 (one for Engineer, two for Owner). In addition torequirements under Division 1, provide heavy duty, durable 3-ring vinyl covered loose-leaf binder for each manualsized to receive 8.5 inch by 11 inch paper. Provide a clear plastic sleeve on the spine to hold labels and pocketsin the cover to receive folded sheets. In manual, include all Shop Drawings, installation/operation/maintenancedata furnished with electrical equipment, voice/data test reports, and letters from manufacturer's representativesthat the fire alarm, has been completed and tested to satisfy requirements/codes. List project name, date, andContractor's name, address and telephone number. Include index sheet for each Specification Section indicatingequipment, with supplier and supplier's telephone number. Provide tabbed dividers indicating major groupings ofequipment.Turn over to Owner all spare equipment and devices specified and shown.2.Electrical Identification:Apply circuit/control/item designation labels of engraved plastic laminate for disconnect switches, breakers,pushbuttons, pilot lights, FA duct detection, motor starters, panelboards and main control panel and similarsystems.Identify all 120 VAC and 208 VAC power receptacle cover plates with panel and circuit number utilizing a clearlabel with black designations. Designation example: L1-38.Identify underground exterior electrical circuits by installation of continuous underground plastic marker, 6 - 8inches below grade.A.B.C.D.E.F.G.260519 - CONDUCTORS AND CABLESSubmit Shop Drawings in accordance with the "Common Work Results" Section.Feeders: Copper THHN-THWN. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger.Branch Circuits: Copper THHN-THWN. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger.Aluminum conductors are not acceptable.Conductor Insulation: Comply with NEMA WC 70 for types THHN-THWN. Utilize other types of insulation only wherespecifically noted or required by code for the installed condition.Tighten electrical connectors and terminals, including screws and bolts, in accordance with manufacturer's publishedtorque tightening valves or as specified in UL Codes.Color code secondary service, feeder, and branch circuit conductors with factory applied color as follows:208y/120 VoltsPhaseBlackARedBBlueCWhiteNeutralGreenGroundA.B.C.D.260526 - GROUNDING AND BONDINGSubmit Shop Drawings in accordance with the "Common Work Results" Section.Install separate insulated equipment grounding conductors for feeder and branch circuits in compliance with NFPA 70Article 250.System Ground: Properly bond system neutral to system ground in the main service apparatus. All other neutralbusses, bars, etc., must be isolated from ground. Establish the system ground as the grounding bus in main serviceapparatus by providing the proper ground bus in the main service apparatus and by providing the proper groundingconductor, installed in rigid steel conduit, bonded to the grounding bus and extended to the grounding point where thebond shall be made with the proper combination conduit/cable grounding clamp. Unless prohibited by Local Codes,the grounding point shall be established on the incoming water main, ufer ground and structural steel. Buildingmetallic water piping system must be bonded, as required by codes, to the grounding bus in the main serviceapparatus. Carefully check the Drawings for additional grounding requirements and comply with NFPA 70 and allother applicable codes/standards.Grounding Electrode: Ufer Ground fabricated according to NFPA 70, Paragraph 250-52(A)(3), using a minimum of20 feet of bare copper conductor not smaller than No. 4 AWG. Bond grounding conductor by Cadweld process toreinforce steel in at least 4 locations and to anchor bolts.A.B.1.a.b.c.2.a.b.c.d.3.4.C.1.D.1.E.260533 - RACEWAYS AND BOXESSubmit Shop Drawings in accordance with the "Common Work Results" section.Conduit Raceway:Indoors, use the following, unless otherwise stated:Concealed: EMT or MC cable.Exposed: EMT, IMC or RMC.Connection to vibrating equipment: Flexible metal conduit.Outdoors, use the following, unless otherwise stated:Concealed: RMC or IMC.Exposed: RMC or IMC.Underground: Schedule 40 PVC with Schedule 80 PVC fittings.Connection to Vibrating Equipment: Liquid tight flexible metal conduit.ENT IS NOT ALLOWED.Conceal conduit and cable, unless otherwise noted; conduit is permitted to be exposed in equipment rooms. Allconduits shall have insulated ground wire installed. Do not install conduit embedded in slabs. EMT fittings shallbe steel, compression or set screw type. All raceways shall be installed and supported in accordance with NFPA70 and applicable codes.Outlet Boxes:Conform to UL 514A, "Metallic Boxes, Electrical," and UL 514B, "Fittings for Conduit and Outlet Boxes." Outletboxes shall be metallic and installed flush in all areas, except mechanical rooms, above lay-in ceilings, or asotherwise indicated. Minimum size to be 4 inches square by 2-1/8 inches deep. Boxes shall be of type, shape,size and depth to suit each location and application. All fittings shall be steel.Pull and Junction Boxes:Comply with UL 50, "Electrical Cabinets and Boxes," for boxes over 100 cubic inches volume. Boxes shall havescrewed or bolt-on covers, shall be suitable for the intended application and shall be labeled.All materials shall be UL listed, appropriate for intended application. Entire raceway system shall be in accordancewith NFPA 70, ANSI, NEMA, UL, and all other applicable codes.A.B.C.D.E.F.262716 - SERVICE ENTRANCESubmit Shop Drawings in accordance with the "Common Work Results" Section.Provide meter socket in accordance with serving utility company's requirements.Stub PVC conduits from transformer location underground to location shown on drawing for primary conductors.Verify requirements and conduit size with serving utility. Provide secondary service conduits from transformer pad toCT enclosures as called out on Drawings.Provide concrete pad for utility transformer in accordance with utility company's requirements.Install service-entrance equipment as indicated, in accordance with equipment manufacturer's written instructions,and with recognized industry practices, to ensure that service-entrance equipment fulfills requirements. Comply withapplicable installation requirements of NFPA 70, UL, ANSI, IEEE, and NEMA standards.Tighten electrical connectors and terminals, including screws and bolts, in accordance with equipment manufacturer'spublished torque tightening values for equipment connectors. Where manufacturer's torquing requirements are notindicated, tighten connectors and terminals to comply with tightening torques specified in UL Standards 486A, and theNFPA 70.A.B.C.262416 - PANELBOARDSSubmit Shop Drawings in accordance with the "Common Work Results" Section.Manufacturer: Siemens, Square-D, GE or Cutler Hammer.Meter Panelboards shall have aluminum bus including neutral and ground bars. Breakers shall be plug-in or bolt on type.D.Provide typed circuit schedules for existing panelboards where loads have changed and framed, typed circuitschedules for all new panelboards with identification of items controlled by each individual breaker. Indicate roomnumbers of items controlled or room name where appropriate for Owner's convenience.A.B.C.1.2.3.D.1.2.E.262726 - WIRING DEVICESSubmit Shop Drawings in accordance with the "Common Work Results" Section.Acceptable Manufacturers: Pass & Seymore, Bryant, GE, Hubbell, Leviton.Devices:General light switches shall be 20 amp, 120/277 volt AC rated andIndustrial Grade.General receptacles shall be self grounding 5-20R andIndustrial Grade. GFCI receptacles shall be 20 ampfeed through type with two utilization points. Do not connect downstream devices to load side of GFCI.General device color shall be BLACK.Device Plates:Device plates shall have opening for device intended and shall beLexan. General device color shall beivory.All device plates shall have a clear label with the panel and circuit number designation in black.Weatherproof receptacle covers shall be a corrosion resistant die cast metal, minimum 3 inch deep, flip cover withlatch and with pad locking provisions.A.B.C.1.2.3.D.1.2.3.4.5.6.E.1.2.265100 - LIGHTINGSubmit Shop Drawings in accordance with the "Common Work Results" Section.Manufacturer, model, style, color, size, etc., as scheduled. If no color has been selected, provide fixture with thestandard finish as published by the manufacturer. All fixtures to be supplied as complete, housing, sockets, lampholders, internal working, wire guards, lens guards, diffusing materials or lenses, pendants, hangers, canopies,aligners, end caps, ballasts and emergency battery packs, plaster frames, recessing boxes, hold down clips, anchorbolts, etc. Install plumb and true, free of light leaks, warps, dents and other irregularities.Support for Recessed and semi-recessed Grid-type Fluorescent Fixtures:All lighting fixtures shall be positively attached to the suspended ceiling system by mechanical means asspecified in the National Electric Code, Section 410-36 (b) unless independently supported. The attachmentdevice, a minimum of two per fixture, shall have a capacity of 100 percent of the lighting fixture weight acting inany direction.Lighting fixtures weighing less than 56 pounds shall have, in addition to the requirements outlined above, two No.12-gage hangers connected from opposite corners of the fixture housing to the structure above. These wiresmay be slack.Lighting fixtures weighing 56 pounds or more shall be supported directly from the structure above by approvedhangers.LED Modules:Comply with ANSI C78.377, UL 8750, IES LM-79 and IES LM-80.CRI minimum of 80 or as scheduled.Efficiency: 60 Lumens per watt minimum for down lights and 90 lumens minimum per watt minimum for otherfixture types or as schedule on the drawings.Rated life of minimum 50,000 hours minimum or as scheduled.Fully serviceable and upgradable Light Engine.Warranty: 3-year minimum for all fixture components.LED Drivers:LED Driver/Power Supply: Integral high efficiency driver with power supply of 120V-277v input 60HZ. Powerfactor greater than 0.9 at full load. Drive current at 1000ma maximum. Class 2 power supply. Dimming utilizing0-10V dimming control. Provide continuous flicker free dimming from 100 percent to 10 percent. The driver shallbe capable of being serviced through the aperture for down light applications.Warranty: 3-year minimum for all fixture components.2.3.06.29.17 11:09 PM | L:\SUD_PARK3\BIMCAD\Elec\E002 - SPECIFICATIONS.dwgE002SPECIFICATIONSEGOLF-BRONECDRAWN BY |REVISIONS©| ALL RIGHTS RESERVEDCHECKED BY |®PROJECT #|CITY PARK 3 SUD_PARK3 BOZEMAN, MT 59715CONSTRUCTIONDOCUMENTS04.23.2023NOT FOR CONSTRUCTION - PRELIMINARY DESIGN 2020SUD_PARK3598 OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEUGESD SD UGEWWW GWCGWCRRLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIM LIMLIM LIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIM LIMLIMLIMLIMLIM LIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIMLIM LIM LIM LIM LIM LIM LIM LIMLIMLIMLIMLIMLIMLIMLIMLIM LIMLIMLIMLIMLIMLIMLIM LIM LIM LIM LIM LIM LIM LIM LIM SHEET WORK NOTES1.0-10V DIMMING SWITCH MOUNTED IN KEYED LOCKED ENCLOSURE.PROVIDE DIMMING WIRING BETWEEN SWITCH AND LIGHT FIXTURE ASREQUIRED.2.PROVIDE 20A GFI DUPLEX RECEPTACLE MOUNTED IN KEYED LOCKEDENCLOSURE.3.SWITCH MOUNTED IN KEYED LOCKED ENCLOSURE.4.PROVIDE 2" CONDUIT FROM PANEL A TO FUTURE PERFORMANCEPAVILION.5.CAP CONDUIT FLUSH WITH GRADE FOR FUTURE USE.6.ATTACH LIGHTS UNDER BEAM AT PEAK OF PAVILION ROOF.7.PROVIDE ELECTRICAL WIRING TRIM KIT FROM PAVILION MANUFACTURERFOR LIGHTING WIRING.-DRAWN BY |REVISIONS©| ALL RIGHTS RESERVEDCHECKED BY |®PROJECT #|CITY PARK 3 SUD_PARK3 BOZEMAN, MT 59715CONSTRUCTIONDOCUMENTS04.23.2023NOT FOR CONSTRUCTION - PRELIMINARY DESIGN 2020SUD_PARK31E300PICNIC PAVILION #2 ELECTRICAL PLAN 1/4"=1'-0"2E300PICNIC PAVILION #1 ELECTRICAL PLAN 1/4"=1'-0"3E300ELECTRICAL SITE PLAN 1"=60'-0"06.29.17 11:09 PM | L:\SUD_PARK3\BIMCAD\Elec\E300.dwgE300ELECTRICAL SITE PLANEGOLF-BRONEC"PANEL "A",LIGHTING CONTROL PANEL,AND IRRIGATION TIME CLOCKSEE DETAIL 5/E001NWETRANSFORMERFOOD TRUCKOUTLETSSEE DETAIL 3/E001METERPIT #1(NO POWER)METERPIT #2(NO POWER)FUTUREPERFORMANCEPAVILIONPICNICPAVILION #2SEE DETAIL1/E300METERPIT #3(NO POWER)PICNICPAVILION #1SEE DETAIL2/E300A-2,41 1/4" C, 3#61#10, GNDA-6,81 1/4" C, 3#61#10, GNDA-10,121 1/4" C, 3#61#10, GNDA-14,161 1/4" C, 3#61#10, GNDFOOD TRUCKOUTLETS (TYP)SEE DETAIL 3/E001PAVILIONOUTLETS (TYP)SEE DETAIL 4/E001A-181" C, 3#121#12, GNDROUTE THROUGHLIGHTING CONTROLPANELA-11" C, 2#121#12, GND2(TYP)1313ROUTE THROUGHLIGHTING CONTROLPANELA-21" C, 2#121#12, GND2(TYP)PAVILIONOUTLETS (TYP)SEE DETAIL 4/E001A-201" C, 3#81#10, GND4566(TYP)(TYP)77S1S1S1S1S1599 Exhibit D - Southwood Park Phase 1 Approval Letter 600 601 Memorandum REPORT TO:City Commission FROM:Mitch Overton, Director of Parks and Recreation Anhad Bajwa, Administrative Assistant II SUBJECT:Authorize the City Manager to Sign a One Year License Agreement with ADVAN Research Corporation, LLC for Park and Trail District Visitation Trend Analysis MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Administration RECOMMENDATION:Authorize the City Manager to Sign a One Year License Agreement with ADVAN Research Corporation, LLC for Park and Trail District Visitation Trend Analysis STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:ADVAN Research provides anonymous use data for organizations to view property (parks and trails) use trends and impacts such as peak days, times, and numbers of individuals, all within a reasonable margin of error. This data not only assists organizations in more accurately accounting for visitation numbers, but also better predicts maintenance and management schedules. UNRESOLVED ISSUES:none at this time. ALTERNATIVES:Multiple organizations were reviewed for this service and ADVAN currently provides the best product for our needs. FISCAL EFFECTS:Funds are currently allocated in the Parks Department budget for fiscal year 2026 for this contract. Attachments: Advan - Bozeman Parks and Recreation Dept. License Agreement.docx Cloud Services Questionnaire.docx Report compiled on: February 27, 2026 602 ADVAN RESEARCH CORPORATION, LLC. LICENSE AGREEMENT This LICENSE AGREEMENT (the “Agreement”) is entered into and effective as of 1/12/2026 (the “Effective Date”) by and between ADVAN RESEARCH CORPORATION, LLC. (“Advan”) and customer identified below (“Customer”). Accepted by: Customer: BOZEMAN PARKS AND RECREATION DEPT. ADVAN RESEARCH CORPORATION, LLC. By:_______________________________ By:________________________________ Name:_____________________________ Name:______________________________ Title:______________________________ Title:_______________________________ Address for Formal Notice: Address for Formal Notice: ADVAN RESEARCH CORPORATION, LLC. BOZEMAN PARKS AND RECREATION DEPT. 299 Broadway, Suite 900 415 N. Bozeman Avenue New York, NY 10007 P.O. Box 1230 Bozeman, MT 59771-1230 EXHIBIT A: PRODUCT/PRICING SCHEDULE 1. LICENSED PRODUCTS AND PRICING: Product Description Access Method Annual Fee REveal REveal platform, 1 named user Chrome website $15,999 2. BUSINESS UNIT: ARTICLE 1: DEFINITIONS “Affiliate” means, with respect to any Person, any other Person that, directly or indirectly, through one or more intermediaries, Controls, is Controlled by or is under common Control with, such Person. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person. “Business Unit” means Customer's internal business unit whose Persons have a single profit and loss (P&L) account, as identified in Exhibit A of this Agreement. “Documentation” means such manuals, documentation and any other supporting materials relating to the Licensed Data and Licensed Software. “Internal Purposes” means Customer's internal uses, but shall exclude any and all commercial applications or uses in connection with or for the benefit of customers and/or third parties. “Licensed Data” means any information obtained by Customer under this Agreement, including, without limitation, any location, traffic, , transaction, sales, spend, weather, application installation, mapping or descriptive data generated or distributed by Advan, regardless of the origin of the information. “Licensed Software” means the executable, object code, source code and database code versions of the computer software obtained or used by Customer under this Agreement, or collective works constituting such software (such as subsequent releases) to the extent licensed to Customer under this Agreement. “Person” means any individual, corporation, limited liability company, partnership, association, joint stock company, trust, estate, joint venture, unincorporated entity, governmental entity or any other entity of any kind. “Products” or “Services” means the Licensed Software, Licensed Data and Documentation. “Restricted Industries” means any Person (i) operating out of a residence (e.g., home-based business), (ii) acting as a marijuana dispensary, (iii) providing inappropriate adult content websites and/or adult type telephone, dating, or escort services, (iv) that is a weapons dealer, seller or distributor with the exception of national brand retailers who may sell recreational firearms (e.g., Bass Pro Shops, Walmart, etc.), (v) that competes with Advan, (vi) engaged in the sale or distribution of explosives, illegal drugs/pharmaceuticals, shocking/sensational/disrespectful or violent content, (vii) engaged in illegal gambling, or (viii) is redistributing any parts of the Products or any information derived while using any part of the Products in whatever form. “Tickers” means the number of tickers and sub-tickers Customer accesses the data for, using any access method, during a License Period. “Users” means Customer's employees or consultants who are designated as licensed named users of the Products. ARTICLE 2: LICENSE 2.1 License. Subject to the terms and conditions of this Agreement, Advan grants Customer a non-exclusive and non-transferable license to use the Products obtained under this Agreement for the License Period and the Users in Exhibit A, subject to (i) the terms of service and privacy policy published on Advan’s website: https://advan.us/terms_of_service.php, https://advan.us/privacy_policy.php), as these are modified from time to time, and (ii) the limitations below. In case of any conflict between this Agreement and any other agreements or terms of service between the parties, this Agreement shall prevail: A. Customer shall limit use of the Products for Internal Purposes to the Business Unit that is not part of a Restricted Industry, and in no event shall the Products be disclosed, made available to or used for the benefit of any third party, sold, assigned, leased, or otherwise disposed of, commercially exploited, used for service-bureau or commercial time-sharing or marketed in any way, with or without charge, by Customer or any of Customer's employees. A. The license will be limited to the Products, Users and License Period for which the appropriate license fees have been paid. B. Customer may not copy the Products, except for archival or backup purposes. 2.2 Certification. If Customer is licensing any of Advan’s CMBS products, Customer hereby certifies that it is already procuring, and will continue to procure for the duration of the Term, a list of CMBS identifiers, including deal, loan and property names and IDs, and property address information. If Customer is licensing any of Advan’s SpendView products, Customer certifies that it is not a hedge fund or bank with total assets or assets over management in excess of one hundred million dollars ($100,000,000). ARTICLE 3: PAYMENTS AND TAXES 3.1 Payments. The total, non-refundable license fees for each order will be payable in equal annual installments (“Annual Installment Fee”) on the first (1st) day of each twelve (12) month period (the “Period”). 3.2 Taxes and Other Charges. In addition to all applicable license and administrative fees, Customer shall pay all sales, use, personal property, value added and other taxes resulting from this Agreement or any activities under this Agreement, excluding taxes based on Advan net income, unless Customer furnishes proof of exemption from payment of such taxes which is in a form reasonably acceptable to Advan. Any sum due Advan for which a time of payment is not specified will be paid within fifteen (15) days after the date of invoice therefore from Advan. Any sums not paid when due shall automatically accrue interest from the date when due until actually paid at a rate of 1.5% per month. Where Customer utilizes a third-party to manage its vendors including but not limited to payment processing providers, Customer shall pay the cost for Advan’s subscription fee to such third-party. ARTICLE 4: TERM AND TERMINATION 4.1 Term. This Agreement will commence on the Effective Date, will continue for one year (the “License Period”), and will renew automatically at the end of the first and each subsequent License Period for one year, unless either party provides written notice of non-renewal at most one hundred and twenty and at least ninety days before the end of a License Period. Unless Advan notifies Customer in writing at least forty-five days before the end of a License Period, the Fees after each License Period shall automatically increase by the greater of (i) five percent and (ii) the increase 603 in the U.S. consumer price index for all items not seasonally adjusted, as reported by the Bureau of Labor Statistics of the U.S. Department of Labor for the most recent month available at the time of renewal. 4.2 Termination. Either party shall be in default if it fails to perform any of its duties or material obligations hereunder and fails to substantially cure such default within fifteen (15) days after written notice is given to the defaulting party. Upon default, the non-defaulting party may terminate this Agreement by providing written notice of termination to the defaulting party, reserving unto the non-defaulting party all other rights and remedies it may have under this Agreement. If Customer is in default, Advan reserves the right, in addition to all other rights and remedies it may have, to withhold further performance of its obligations under this Agreement. 604 Cloud Services Questions 1) Service Levels: What level of service should we expect? What is the City’s recourse for excessive downtime? Refund of percentage of monthly fee? This question never comes up; we have not had any downtime to speak of. We are happy to commit to something reasonable, eg, 90% uptime during business hours and if the system is down for more than that you get a proportional refund for the time it was down. 2) Data Ownership: Who owns the data we provide and what can be done with the data? You do not provide us with any data. This is an off the shelf platform. The only possibility is that you may ask us to “cover foot traffic for location ABC” in which case we have to have unencumbered worldwide perpetual rights to use “location ABC” in order to be able to add it to our system. Any other private information you provide us (eg, your names) remains yours of course. All this is part of our standard agreement. 3) ADA Compliance: If your proposed services include websites, they must be AA compliant as defined by WCAG (Web Content Accessibility Guidelines) standards. Our services do include websites. Unfortunately we cannot guarantee that they are WCAG compliant, as some of the underlying components used (e.g., Google Maps insert) are not WCAG compliant. 4) Data Security: How secure is our data and how is it being kept secure? a. If this is a multi-tenant environment on the same hardware how is our data kept separate and secure from other customers, including any PII (Personally Identifiable Information) that may be gathered? Advan is SOC 2 Type 2 compliant. The product provided is multi-tenant on the same hardware, as there is no PII or any customer- specific information. If we had to serve you with the same data on a dedicated environment the cost would be approximately 20x (twenty times) what we are charging you. b. If PII is gathered, is it encrypted in transit and at rest? The raw data we procure (*not* the data we provide to clients) is considered PII in some legal jurisdictions, even though it is anonymized. It is encrypted at rest and in transit. c. If credit card transactions are occurring is your system fully PCI compliant? Not Applicable, we do not process cc transactions. 605 5) Data Integrity: What do you do as a vendor to ensure our data maintains its integrity? This is most of what we do, no integrity means no clients. We check our data versus known ground truth (e.g., are visits to a retailer correlated with the retailer’s revenue?) and we have both automated and manual checks to monitor for data anomalies. 6) We require data centers to be located in the United States: What country will our data be located in? Our main data processing centers are located in the United States. HOWEVER, European laws REQUIRE that EU data are processed in Europe, and some of our products contain European data, so some of the data processing occurs in European data centers. Obviously, we cannot change that. 7) Responding to legal demands to disclose data: What is your process when someone subpoenas or requests our data from you as a vendor? It has never happened, but if it were to, we would explore our legal rights to not provide the information, and if we had to, we would provide the minimum information required. Reminder: we do not hold any of our clients’ information. 8) Reporting: What is your protocol for data breaches? In terms of reporting, we will report them to all affected parties. Again, we do not hold any of our clients’ information. 9) Disaster Recovery: What protections/protocols do you have in place to mitigate disasters? We have a Business Continuity and Disaster Recovery plan in place, as required by SOC 2 Type 2. 10) Business Continuity/Exit: If you decide to bring your business to an end or we end our relationship what happens to our data? If you give us a copy of our data, what format options will there be for our data and what assistance will you provide getting our data to us? Not Applicable. We do not hold any of your data. 11) Termination rights and consequences: What is your termination policy both for you as a vendor and us as a customer? Termination rights are mutual. Termination for cause is at any time with a 30 day notice for curing the cause; otherwise our contracts are annual or multi-year and termination is only upon renewal, with prior written notice, typically 30-90 days in advance of the renewal. 606 Questionnaire Completed by:___Yiannis Tsiounis_______ Date:__1/30/2026____ 607 Memorandum REPORT TO:City Commission FROM:Waldo SUBJECT:Authorize the City Manager to sign a purchase agreement for firefighter equipment as part of a FEMA Assistance to Firefighters Grant MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a purchase agreement for firefighter equipment as part of a FEMA Assistance to Firefighters Grant. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The fire department was awarded a FEMA Assistance to Firefighters Grant back in October of 2025 for personal protective equipment, including some self contained breathing apparatus (SCBA). To ensure compliance with FEMA and local procurement requirements, the purchase of these SCBAs require a formal purchase agreement which is attached for review and approval. UNRESOLVED ISSUES:None at this time ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The purchase of this equipment is covered with FEMA grant funds minus the 5% match that the fire department will take out of current budget funds in FY-26. Attachments: 2026 Assistance to Firefighters Grant purchase agreement.pdf Report compiled on: March 16, 2026 608 Agreement for Purchase of Scott Air-Pak X3 Pro SCBA FY2020-2021 Page 1 of 8 PURCHASE AGREEMENT THIS AGREEMENT is made and entered into this 24th day of March, 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, SeaWestern Fire Fighting Equipment, P.O. Box 51, Kirkland, WA 98083, hereinafter referred to as “Seller.” The City and Seller may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual promises and agreements hereinafter contained, the parties agree as follows: 1.Property Purchased: Seller agrees to sell and City agrees to purchase the property requested and described in the SeaWestern Price Quote No. QT2037434, attached hereto as Exhibit A which is incorporated into this Purchase Agreement by this reference. By accepting this Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Purchase Agreement which are not of the Seller’s design, composition, or manufacture shall be free and clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to defend such claims, suits, or actions. 2.Specifications: The Seller agrees that all material and workmanship in and upon this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller’s response to the same. 609 Agreement for Purchase of Scott Air-Pak X3 Pro SCBA FY2020-2021 Page 2 of 8 3. Price: The City agrees to pay seventy thousand nine hundred seventeen dollars and ninety cents ($73,663.48) as the purchase price. All prices include shipping and any applicable local, state or federal taxes that may be applied to the Property to be purchased. This price is firm and not subject to escalation under agreed to in writing by the City. 4. Delivery and Payment: Time is of the essence in the performance of this Purchase Agreement. Seller assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other served associated with delivery of the Property. Seller agrees to delivery to the City in a fully operational status and all accessories properly installed no later than May 31, 2026. Delivery will occur at Bozeman Fire Department, 300 E. Oak St., Bozeman, MT 59715, or at a place otherwise designated in writing by the City. If delivery of the Property and/or performance of services required under this Purchase Agreement cannot be made Seller shall promptly notify the City of the earliest possible date for delivery or performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform required services within the time specific or to the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore without liability except for good or services previously provided and accepted. The City’s receipt or acceptance of any part of a non- conforming delivery or service shall not constitute a waiver of any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure that it meets Specifications as modified by Seller’s responses which have been accepted by City. If the Property meets the Specifications, City shall tender the purchase price stated above to Seller through the City’s normal claim process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance and delivery of goods and services by the City, whichever occurs last. Payment will be made to Seller at the address previously stated unless Seller provides a different address in writing. 5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of persons performing this Agreement shall be on the basis of merit and qualifications. The Seller will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Seller 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 610 Agreement for Purchase of Scott Air-Pak X3 Pro SCBA FY2020-2021 Page 3 of 8 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 Seller 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. Seller 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, Montana Code Annotated (MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Seller shall require these nondiscrimination terms of its subcontractors providing products under this Agreement. 6. Default/Termination/Remedies: In the event of Seller’s breach of this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s Specifications, City may, at its option, take any or all of the following actions without prejudice to any other rights or remedies available to the City by law: (i) declare the Seller in default and immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so, repair or replace the same at Seller’s expense; (iii) reject any material or equipment included in the Property containing defective or nonconforming equipment or material and return for credit or replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach by Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure substitute property to replace the Property described herein. In such event, Seller is liable to City for the difference between the price set forth herein and the price paid by City for the replacement property. Additionally, the City may pursue any other remedy it has at law or in equity. In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price payable for equipment and material delivered to the City prior to such breach. 7. Change Orders: The City shall have the right to revoke, amend, or modify this Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s 611 Agreement for Purchase of Scott Air-Pak X3 Pro SCBA FY2020-2021 Page 4 of 8 receipt of City’s written change order without response received by the City within 10 (ten) business days or Seller’s shipment or other performance reflecting the change, whichever occurs first, shall be Seller’s acceptance of the change without any price or other adjustment. 8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS LISTED IN EXHIBIT B AND SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN. 9. Insurance/Indemnification: The Seller shall insure the Property for a minimum of the purchase price against all damages during the delivery period per the Specifications. In addition to and independent from the above, during the delivery period Seller shall defend, indemnify, and hold the City, its officers, employees, and agents harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City 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 Seller, it’s agents or employees. This provision shall survive delivery and acceptance by the city of the Property. 10. Assignment: Seller may not delegate, subcontract, or assign any duties and services or assign any rights or claims under this Purchase Agreement without the express written consent of City. 11. Entire Agreement: This Agreement, including its appendices, if any, embodies the 612 Agreement for Purchase of Scott Air-Pak X3 Pro SCBA FY2020-2021 Page 5 of 8 entire understanding between the parties relating to the subject matter contained herein. No agent or representative of either party has authority to make any representations, statements, warranties or agreements not herein expressed and all modifications or amendments of this Agreement, including the appendices, must be in writing and signed by an authorized representative of each of the parties hereto. 12. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs, successors, and assigns. 13 Permits: Seller 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. 14. Laws and Regulations: Seller 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. 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. 16. 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 613 Agreement for Purchase of Scott Air-Pak X3 Pro SCBA FY2020-2021 Page 6 of 8 such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 17. 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. 18. 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. 19. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 20. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 21. Suspension and Debarment: A contract award must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than 614 Agreement for Purchase of Scott Air-Pak X3 Pro SCBA FY2020-2021 Page 7 of 8 Executive Order 12549. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 615 Agreement for Purchase of Scott Air-Pak X3 Pro SCBA FY2020-2021 Page 8 of 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives the day and year first above written. CITY OF BOZEMAN SELLER By By Chuck Winn, City Manager Print Name: Nathan Mathews Print Title: APPROVED AS TO FORM: By Greg Sullivan, City Attorney 616 (877) 637-3473 Quote Quote #QT2037434 Date 02/19/2026 QT2037434 Page 1 of 1 Bill To ACCOUNTS PAYABLE City of Bozeman PO Box 1230 Bozeman MT 59771 United States Expires 03/31/2026 Sales Rep Mathews, Nathaniel PO # FEMA Grant Shipping Method FedEx Ground Customer CITY OF BOZEMAN FD (MT) Customer # C38958 Ship To CITY OF BOZEMAN FD 300 East Oak ST Bozeman MT 59715 United States Item Alt. Item #Units Description QTY Unit Price Amount 200970-01 CYL&VALV,QD,CARB,45/5500 ASSY 12 $900.00 $10,800.00 201215-22 AV3000 HT with Kevlar lining and 4-strap harness-Red, Medium 6 $393.79 $2,362.74 X5915025305304 3M™ Scott™ Air-Pak™ X3 Pro SCBA with Snap- Change X5915025305304, 5.5, E-Z Flo+, QD Hose, UEBSS, Pak-Tracker, 2 ea 6 $9,287.25 $55,723.50 201564-12 RIT-Pak FA, MED, 5500 1 $3,064.96 $3,064.96 201568-01 Cylinder & Valve assembly, 45/5500, 90 degree 1 $1,712.28 $1,712.28 Contact: C38958 CITY OF BOZEMAN FD (MT) : Jason Frounfelker (406) 582-2350 Subtotal $73,663.48 Shipping Cost $0.00 Tax Total $0.00 Total $73,663.48 This Quotation is subject to any applicable sales tax and shipping and handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 Sourcewell Contract # 011824-SEW | Amendment #1 Page 1 of 1 AMENDMENT #1 TO CONTRACT # 011824-SEW THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Sea-Western Inc. (Supplier). Sourcewell awarded a contract to Supplier to provide Self-Contained Breathing Apparatus (SCBA) and Breathing Air Systems with Related Equipment to Sourcewell and its Participating Entities, effective March 27, 2024, through March 29, 2028 (Contract). The parties wish to amend the contract to update Suppliers pricing strategy. NOW, THEREFORE, the parties amend the Contract as follows: Line item 59 of “Table 11: Pricing and Delivery” of the Proposal is deleted in its entirety and replaced with the following: SeaWestern will provide a discount off manufacturer List/MSRP as the Sourcewell price as detailed under the Sourcewell Discount Structure 011824-SEW and will provide current manufacturer full price lists upon request. Except as amended by this Amendment, the Contract remains in full force and effect. Sourcewell Sea-Western Inc. By: By: Jeremy Schwartz, Chief Operating Officer Troy Enright, Director of Operations Date: Date:                 654 Memorandum REPORT TO:City Commission FROM:Sam Bearzi, Fleet Manager Alex Nordquest, Forestry Division Manager Mitchell Overton, Parks and Recreation Director SUBJECT:Authorize the City Manager to Sign a Purchase Agreement with Custom Truck and Equipment LLC for One Truck Mounted Forestry Aerial Device MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Purchase Agreement with Custom Truck and Equipment LLC for One Truck Mounted Forestry Aerial Device 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:This purchase will replace asset 3069, a 2001 truck and forestry aerial device. The new truck and forestry aerial device will provide a larger reach capacity than the current vehicle as well as more modern and efficient engine and hydraulic components. Aerial lifting devices have to be certified for their operation annually, maintenance and service become cost prohibitive on devices over 20 years old. The new truck and forestry aerial device will have updated safety features, improved ergonomics for access, and more efficient operator rescue functionality. This purchase utilizes a cooperative purchasing contract with Sourcewell, a local unit of government of the State of Minnesota. Pursuant to the Admin. Ord. 2023-03, goods may be purchased from another government entity without bids or advertisements when there are sufficient funds in the budget and doing so would result in a substantial savings to the City. On February 2nd, 2026 the Finance Director approved the procurement through the use of Sourcewell’s cooperative purchasing agreement pending Commission approval. UNRESOLVED ISSUES:None at this time ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:Total expenditures are expected to be $192,651.00. This expenditure is included in the FY26 capital budget in the Forestry Fund 655 Attachments: Purchase Agreement - FOR13 Exhibit A Report compiled on: March 4, 2026 656 Agreement for Purchase of FOR13 Aerial Lift Truck FY2025-2026 Page 1 of 7 PURCHASE AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Custom Truck & Equipment LLC, 7701 E 24 Highway, Kansas City, Missouri 64125, hereinafter referred to as “Seller.” The City and Seller may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual promises and agreements hereinafter contained, the parties agree as follows: 1. Property Purchased: Seller agrees to sell and City agrees to purchase the property requested and described in Custom Truck & Equipment Retail Buyers Order, attached hereto as Exhibit A which is incorporated into this Purchase Agreement by this reference. By accepting this Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Purchase Agreement which are not of the Seller’s design, composition, or manufacture shall be free and clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to defend such claims, suits, or actions. 2. Specifications: The Seller agrees that all material and workmanship in and upon this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller’s response to the same. 657 Agreement for Purchase of FOR13 Aerial Lift Truck FY2025-2026 Page 2 of 7 3. Price: The City agrees to pay $192,651.00 (Exhibit A) as the purchase price. All prices include shipping and any applicable local, state or federal taxes that may be applied to the Property to be purchased. This price is firm and not subject to escalation under agreed to in writing by the City. 4. Delivery and Payment: Time is of the essence in the performance of this Purchase Agreement. Seller assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other served associated with delivery of the Property. Seller agrees to delivery to the City in a fully operational status and all accessories properly installed no later than June 30th, 2025. Delivery will occur at 1812 N Rouse Ave, Bozeman, MT 59715, or at a place otherwise designated in writing by the City. If delivery of the Property and/or performance of services required under this Purchase Agreement cannot be made Seller shall promptly notify the City of the earliest possible date for delivery or performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform required services within the time specific or to the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore without liability except for good or services previously provided and accepted. The City’s receipt or acceptance of any part of a non- conforming delivery or service shall not constitute a waiver of any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure that it meets Specifications as modified by Seller’s responses which have been accepted by City. If the Property meets the Specifications, City shall tender the purchase price stated above to Seller through the City’s normal claim process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance and delivery of goods and services by the City, whichever occurs last. Payment will be made to Seller at the address previously stated unless Seller provides a different address in writing. 5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of persons performing this Agreement shall be on the basis of merit and qualifications. The Seller will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Seller 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 658 Agreement for Purchase of FOR13 Aerial Lift Truck FY2025-2026 Page 3 of 7 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 Seller 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. Seller 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, Montana Code Annotated (MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Seller shall require these nondiscrimination terms of its subcontractors providing products under this Agreement. 6. Default/Termination/Remedies: In the event of Seller’s breach of this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s Specifications, City may, at its option, take any or all of the following actions without prejudice to any other rights or remedies available to the City by law: (i) declare the Seller in default and immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so, repair or replace the same at Seller’s expense; (iii) reject any material or equipment included in the Property containing defective or nonconforming equipment or material and return for credit or replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach by Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure substitute property to replace the Property described herein. In such event, Seller is liable to City for the difference between the price set forth herein and the price paid by City for the replacement property. Additionally, the City may pursue any other remedy it has at law or in equity. In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price payable for equipment and material delivered to the City prior to such breach. 7. Change Orders: The City shall have the right to revoke, amend, or modify this Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s 659 Agreement for Purchase of FOR13 Aerial Lift Truck FY2025-2026 Page 4 of 7 receipt of City’s written change order without response received by the City within 10 (ten) business days or Seller’s shipment or other performance reflecting the change, whichever occurs first, shall be Seller’s acceptance of the change without any price or other adjustment. 8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS LISTED IN EXHIBIT A AND SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN. 9. Insurance/Indemnification: The Seller shall insure the Property for a minimum of the purchase price against all damages during the delivery period per the Specifications. In addition to and independent from the above, during the delivery period Seller shall defend, indemnify, and hold the City, its officers, employees, and agents harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City 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 Seller, it’s agents or employees. This provision shall survive delivery and acceptance by the city of the Property. 10. Assignment: Seller may not delegate, subcontract, or assign any duties and services or assign any rights or claims under this Purchase Agreement without the express written consent of City. 11. Entire Agreement: This Agreement, including its appendices, if any, embodies the 660 Agreement for Purchase of FOR13 Aerial Lift Truck FY2025-2026 Page 5 of 7 entire understanding between the parties relating to the subject matter contained herein. No agent or representative of either party has authority to make any representations, statements, warranties or agreements not herein expressed and all modifications or amendments of this Agreement, including the appendices, must be in writing and signed by an authorized representative of each of the parties hereto. 12. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs, successors, and assigns. 13 Permits: Seller 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. 14. Laws and Regulations: Seller 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. 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. 16. 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 661 Agreement for Purchase of FOR13 Aerial Lift Truck FY2025-2026 Page 6 of 7 such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 17. 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. 18. 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. 19. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 20. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 662 Agreement for Purchase of FOR13 Aerial Lift Truck FY2025-2026 Page 7 of 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives the day and year first above written. CITY OF BOZEMAN SELLER By___________________________ By____________________________ Chuck Winn, City Manager Print Name: ___________________ Print Title: ____________________ APPROVED AS TO FORM: By________________________________ Greg Sullivan, City Attorney 663 Custom Truck & Equipment, LLC 7701 E 24 Highway Kansas City, MO 64125 Phone: (816) 241-4888 Fax: (816) 241-8826 www.customtruck.com CUSTOM TRUCK & EQUIPMENT RETAIL BUYERS ORDER CITY OF BOZEMAN, MT Phone: (406) 582-2300 Email: Salesperson: Tim Lapsley Date: February 5, 2026 Quote Number:Q-58262 TITLE INFORMATION Intended State of Registration: Montana Name as it Should Appear on Title: CITY OF BOZEMAN, MT Address as it Should Appear on Title: 121 North Rouse Avenue, Bozeman,MT 59715 BILLING INFORMATION Bill-To Name: CITY OF BOZEMAN, MT Address as it Should Appear on Invoice: 121 North Rouse Avenue, Bozeman,MT 59715 SALES ORDER UNIT(S) DESCRIPTION LINE PRICE TOTAL PRICE **SOURCEWELL** New Under CDL 2026 Freightliner M2106 Plus Terex XT Pro 60 Rear Mounted Forestry Aerial Device w/ Flat Deck BodyQL-0131981 Item #: 100_00050Customer Pickup at BranchAdditional Notes: City of Bozeman MT Account# 184564Terex Contract # 110421-TER $192,651.00 $192,651.00 **ADMINISTRATIVE FEE: $ 0.00 TOTAL: $ 192,651.00 Price is subject to change Without Notice and is Not Guaranteed due to Fluctuation in Material or Component Prices, Including Manufacturer’s Surcharges. DEPOSIT WITH ORDER: $ 0.00 AMOUNT DUE PRIOR TO PICKUP OR DELIVERY: $ 192,651.00 THIS IS NOT AN INVOICE. Payment should not be made from this document. Freight and taxes quoted in this Retail Buyers Order, including Federal Excise Tax, sales tax and other taxes, are approximate and for estimation purposes only. Actual freight and taxes may vary and will be reflected on a final invoice. Any Purchase Order listed is for customer reference purposes only, terms and conditions of sale are dictated by this Retail Buyers Order. ACCEPTED DEALER (NAME)**“AN ADMINISTRATIVE FEE IS NOT AN OFFICIAL FEE AND IS NOT REQUIRED BY LAW BUT MAY BE CHARGED BY A DEALER. THIS ADMINISTRATIVE FEE MAY RESULT IN A PROFIT TO DEALER. NO PORTION OF THIS ADMINISTRATIVE FEE IS FOR THE DRAFTING, PREPARATION, OR COMPLETION OF DOCUMENTS OR THE PROVIDING OF LEGAL ADVICE. THIS NOTICE IS REQUIRED BY LAW.” SIGNATURE INITIALS I would like more information on the following about the above purchased units: FLEXIBLE FINANCING AND LEASE OPTIONS: EXTENDED WARRANTY OPTIONS: PURCHASER’S CERTIFICATION 1. I hereby certify that this order includes all of the terms and conditions on both the face and reverse side hereof. That this order cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of the agreement relating to the subject matters covered hereby, and that THIS ORDER SHALL NOT BECOME BINDING UNTIL ACCEPTED BY DEALER OR HIS AUTHORIZED REPRESENTATIVE; AND 664 CONTINUATION OF TERMS AND CONDITIONS CONSTITUTING A PART OF PURCHASE ORDER 2. I have reviewed this order and fully understand that my new unit will be equipped only with the optional equipment specifically listed on the face of this order plus all standard equipment as designated by the manufacturer at time of delivery; AND 3. Purchaser is responsible for awareness and compliance with vehicle emissions rules and regulations for their state of registration. Purchaser shall not be entitled to recover from selling dealer any consequential damages, damages for loss of use, loss of time, loss of profits or income, or any other incidental damages due to state and local emission regulation.; AND TRANSIT DAMAGE 4. Purchaser acknowledges that there may have been certain transit and/or storage damage to the vehicle sold by the seller herein, and Purchaser hereby releases the Seller for any and all claims arising out of such transit and/or storage damage. 5. THIS IS A CASH SALE 6. NOTICE: IF YOU ARE BUYING A USED VEHICLE, SEE THE REVERSE SIDE UNDER “PROVISIONS APPLICABLE ON SALE OF A USED VEHICLE” BECAUSE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED AND CERTAIN STATEMENTS ARE MADE CONCERNING THE ODOMETER READING 7. I certify that I am 18 years of age, or older; and that I have read the printed matter on the front and back hereof and agree to it as a part of this order the same as if it were printed above my signature. I/we authorize you to check my/our credit and employment history and to provide and/or obtain information about credit experience with me/us“THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.” Purchaser(s) Signature and Date I hereby agree to purchase from you under the terms and conditions specified: X 8. If Purchaser intends to obtain a certificate of title for this vehicle in a state where selling dealer is licensed to sell this vehicle (or is not required to be licensed to sell this vehicle), Purchaser will accept delivery of this vehicle at a selling dealer location in that state, or such other location as selling dealer and Purchaser may agree. If Purchaser intends to obtain a certificate of title for this vehicle in a state where selling dealer is not licensed to sell this vehicle (and would have otherwise been required to be licensed to sell this vehicle), unless selling dealer and Purchaser otherwise agree, selling dealer will coordinate the shipment of this vehicle to purchaser from Kansas City, Missouri. In such case, Purchaser hereby authorizes selling dealer, on behalf of Purchaser, to enter into a shipping contract with a third-party common carrier for the shipment of this vehicle to Purchaser's physical address set forth on the first page of this Retail Buyers Order, or such other location as selling dealer and Purchaser may agree. Purchaser agrees that delivery of this vehicle, including the transfer of title and risk of loss to purchaser, will occur at the time that this vehicle is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure this vehicle while in transit, and the Purchaser will be the beneficiary of any claims for damage to this vehicle or losses occurring while this vehicle is in the possession of the common carrier. The shipping cost, if required, will either be included on this Retail Buyers Order as a separate line item, will be included in the purchase price of the vehicle or separately invoiced per Purchaser’s instructions. The sale of this vehicle from selling dealer to Purchaser will be deemed to have occurred in Kansas City, Missouri. 9. ARBITRATION MANDATORY ARBITRATION OF DISPUTES; ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE CUSTOMER AND THE COMPANY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL OR EQUITABLE THEORY) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FOLLOWING TERMS. a. The Federal Arbitration Act, not state law, shall govern the arbitration process and the question of whether a claim is subject to arbitration. The customer, however, retains the right to take any claim, controversy or dispute that qualifies to small claims court rather than arbitration. b. A single arbiter engaged in the practice of law will conduct the arbitration. The arbitrator will be selected according to the rules of the American Arbitration Association or, alternatively; may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration shall be conducted by, and under the then-applicable rules of the American Arbitration Association. Any required hearing fees and costs shall be paid by the parties as required by the applicable rules, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate. c. The arbitrator’s decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. NOTICE: LANGUAGE IN SECTION 3, SECTION 6, AND SECTION 7 BELOW DISCLAIMING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON VEHICLE WHICH IS SUBJECT OF THIS ORDER DOES NOT APPLY WHEN A SERVICE CONTRACT IS SOLD WITHIN 90 DAYS OF THE VEHICLE’S DATE OF SALE IN WHICH THE DEALER IS LEGALLY LIABLE UNDER THE SERVICE CONTRACT. Provisions Applicable On Sale Of New Vehicle 1. PRICE REVISION: In the event the price to dealer of the series and body type ordered by purchaser is changed by the manufacturer prior to delivery to purchaser of the vehicle ordered by purchaser, dealer has the right to accordingly change the cash delivered price to purchaser, provided that if purchaser does not agree with such price change, purchaser may cancel this Purchase Order, in which event if a used vehicle has been traded in as a part of the consideration for the vehicle purchased by purchaser such traded-in vehicle shall be returned to purchaser upon payment of a reasonable charge for storage and repairs (if any), or , if such traded-in vehicle has been previously sold by dealer the amount received therefore less a selling commission of 15% and any expenses (for storing, insuring, conditioning or advertising such vehicle for sale) shall be returned to purchaser. 2. It is understood that there is not relationship of principal and agent between the dealer and the manufacturer and that the dealer is not authorized to act or attempt to act, or represent himself, directly or by implication, as agent of the manufacturer, or in any manner assume to create, or attempt to assume to create, any obligation on behalf of or in the name of the manufacturer. 4. The only warranties applying to this vehicle are those offered by the manufacturer. The selling dealer hereby expressly disclaims all warranties either expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose and neither assumes not authorizes any other person to assume for it any liability in connection with the sale of the vehicle. Buyer shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits or income, or any other incidental damages. The manufacturer’s printed warranty offered on the sale of new vehicles will be furnished to the purchaser upon delivery of the vehicle. Copies of manufacturer’s warranties are available for study 5. IMPORTANT: If your new passenger car or light truck purchased on or after January 1, 1958 is defective and cannot be made to conform to its applicable express warranty coverage after four repair attempts, or it is out of service for more than 30 calendar days during the period of one year or the term of if its applicable express warranty, whichever is earlier, you may be entitled under state law to replacement or to a refund. You must first notify the manufacturer of the problem in writing and provide the manufacturer an opportunity to repair the vehicle. Provisions Applicable On Sale Of A Used Vehicle 7. THE INFORMATION YOU SEE ON THE WINDOW FORM (BUYERS GUIDE) FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVER- RIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. 7. WITHOUT A WRITTEN DEALER’S WARRANTY 665 CONTINUATION OF TERMS AND CONDITIONS CONSTITUTING A PART OF PURCHASE ORDER A. The vehicle described on the reverse of this page is being sold to you “AS IS” and “WITH ALL FAULTS,” and THE SELLING DEALER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of this vehicle. Further, the undersigned acknowledges that he is not relying on any representations in purchasing this vehicle that may have been made by dealer or its agents or employees concerning the condition of the vehicle which are not stated herein. Purchaser shall not be entitled to recovery from the selling dealer for any con- sequential damages, incidental damages, property damage, or damages for loss of use, loss of time, loss of profits, for inconvenience or loss of income. If selling dealer issues a written express warranty or there remains a part of the manufacturer’s warranty which has not expired according to its terms, this provision does not apply. B. The selling dealer received this vehicle, with approximately the mileage shown on the odometer (less miles driven for testing and demonstration). However, selling dealer makes no warranty or representation as to the accuracy of said odometer reading, either express or implied, except that said odometer reading has not been altered by selling dealer, and that dealer has no knowledge that it was altered or disconnected prior to the time this vehicle came into the dealer’s possession. In consideration of the purchase price stated on the reverse side of this page, purchaser hereby releases and forever discharges dealer, its officers, directors, employees, agents, successors, and assigns, from any and all claims, causes of action, liability and damages, which may result or develop from the accuracy of the odometer reading, and in the event that a claim is asserted against dealer by a subsequent purchaser of this vehicle based upon the accuracy of the odometer reading, purchaser agrees to indemnity and hold harmless the dealer there from. Purchaser understands that dealer has no control over what may have been done to the odometer by previous owners and that dealer has no way to ascertain the correctness of the odometer reading. Purchaser acknowledges that he has read understands and accepts all of the provisions of this disclaimer of warranty and release as set forth in paragraph 6 8. WITH A DEALER’S WRITTEN WARRANTY A. The only warranties applying to the sale of this vehicle are those extended by the manufacturer in an unexpired manufacturer’s warranty, if any so exists, and/or an express written limited warranty extended by selling dealer and delivered to purchaser at the time of delivery of this vehicle. The provisions and terms of such express written limited warranty are those set out in such instrument and SELLING DEALER HEREBY LIMITS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE SAME DURATION OF TIME AS THE EXPRESS WRITTEN LIMITED WARRANTY PROVIDED BY SELLER. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Further, selling dealer neither assumes not authorizes any person to assume for it any liability other than that expressed in such instrument. The under- signed acknowledges that he is not relying on any representations herein. Purchaser’s damages for the condition of this vehicle are limited and restricted to those which are recoverable by purchaser there under, including consequential or incidental damages. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation may not apply to you. If the vehicle is sold “as is” and “with all faults,” this provision “A” does not apply. B. The selling dealer received this vehicle, with approximately the mileage shown on the odometer (less miles driven for testing and demonstration). However, selling dealer makes no warranty or representation as to the accuracy of said odometer reading, either express or implied, except that said odometer reading has not been altered by selling dealer, and that dealer has no knowledge that it has altered or disconnected prior to the time this vehicle came into dealer’s possession. In consideration of the purchase price stated on the reverse side of this page, purchaser hereby releases and forever discharges dealer, its officers, directors, employees, agents, successors and assignees, from any and all claims, causes of action, liability and damages, which may result or develop from the accuracy of the odometer reading, and in the event that a claim is asserted against dealer by a subsequent purchaser of this vehicle based upon the accuracy of the odometer reading, purchaser agrees to indemnify and hold harmless dealer there from. Purchaser understands that dealer has no control over what may have been done to the odometer by previous owners, and that dealer has no way to ascertain the correctness of the odometer reading. Purchaser acknowledges that he has read, understands and accepts all of the provisions of this disclaimer of warranty and release as set forth in paragraph Other Provisions 9. NOTIFY SELLER WITHIN 20 DAYS: Purchaser shall give notice to seller of any breach of contract of express or implied warranty applicable to the goods within twenty (20) days of the time he discovers or should have discovered said breach or the purchaser shall be barred from any remedy for the breach. Purchaser shall thereafter return the goods to seller, or anyone designated by seller. Within twenty (20) days after the notice of breach to allow the seller the opportunity to cure the breach or the purchaser shall be barred from any remedy for the breach. 10. REAPPRAISAL OF TRADED-IN VEHICLE: If a vehicle has been traded in as a part of the consideration for the vehicle ordered by purchaser hereunder and such vehicle is not delivered to dealer until delivery to purchaser of the vehicle purchased by purchaser, such traded-in vehicle shall be reappraised at that time and such reappraisal value shall determine the allowance made for such vehicle. If such reappraised value is lower than the original allowance therefore shown on the face of this Purchase Order, purchaser may, if dissatisfied therewith, cancel this Purchase Order, provided, however, that such right to cancel is exercised prior to delivery of vehicle ordered hereunder to the purchaser and surrender of the traded-in vehicle to dealer. 11. PURCHASER’S WARRANTY OF TITLE AND PROMPT DELIVER OF TITLE: Purchaser warrants that the traded-in vehicle is his property free and clear of all liens and encumbrances except as otherwise noted on the title. Purchaser understands that the delivery and assignment of the certificate of title to any traded-in vehicle is an integral part of the entire sale transaction expressed in this retail buyer’s order. If purchaser does not simultaneously assign and deliver the certificate of title at the time of trade-in or fails to do so within fifteen days of the trade-in, seller may: (1) cancel the sale/purchase order and exercise any and all remedies under law including repossession; or (2) treat the sale in every respect as if no trade-in took place and revise the purchase price for the ordered vehicle accordingly. In such cases, purchaser’s trade-in will be returned upon payment of a reasonable charge for storage and repairs, if any. 12. FAILURE OR REFUSAL TO ACCEPT DELIVERY: Unless this Purchase Order shall have been cancelled by purchaser under and in accordance with the provision of paragraphs “1” or “9” above, dealer shall have the right upon failure or refusal of purchaser to accept delivery of the vehicle ordered and to comply with the terms of this Purchase Order, to retain as liquidated damages any cash deposit made by the purchaser, and in the event a vehicle has been traded-in as a part of the consideration for the vehicle ordered by purchaser hereunder to sell such traded-in vehicle and reimburse himself with the proceeds of such sale for the expenses specified in paragraph “1” above and for such other expenses and losses as dealer may incur or suffer as a result of such failure or refusal by purchaser. 13. FAILURE OR DELAY OF DELIVERY: Dealer shall not be liable for failure to deliver or delay in delivery of the vehicle, accessories, or other parts thereof covered by the Purchase Order where such failure or delay is due, in whole or in part, to any cause other than the negligence of the dealer. 666 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Assistant City Manager David Arnado - Facilities Superintendent Max Ziegler - Facilities Assistant Superintendent SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with S. Conley Support for Facilities HVAC Preventative Maintenance Services MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with S. Conley Support for Facilities HVAC Preventative Maintenance Services STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman Facilities Department manages the operation and maintenance of Heating, Ventilation and Air Conditioning systems across 14 City buildings, and contracts with local service providers to conduct annual and semi-annual preventative maintenance work on our primary systems such as boilers, air handlers, chillers, and heat pumps. These services supplement the daily and periodic preventative maintenance work performed by Facilities Staff, especially where advanced training and licensing are required. On January 10, 2026, the Facilities Dept. published a Request for Proposals seeking HVAC contractors to provide preventative maintenance services on HVAC equipment at 14 City Facilities for FY26 through FY30. During the RFP open period, proposing contractors had the opportunity to conduct a full site walk and review all equipment included in the contract. The RFP closed on February 5, 2026, and received 10 competitive responses. The proposals received were scored by 5 members of the Facilities Dept., who determined that the proposal from S. Conley Support offered the most robust approach to providing HVAC preventative maintenance services at City Facilities. This contract will provide annual and semi-annual preventative maintenance services aligning with the equipment manufacturers' recommended service intervals, performed in the spring and fall of each year, to ensure reliable operation and longevity of Heating, Ventilation, and Air Conditioning equipment. 667 UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:This contract will incur an annual cost of $55,635.16 in total for the 14 buildings included in the Scope of Services, and will escalate by 6% annually. Expenses under this contract are to be paid by Facilities, Recreation, and Vehicle Maintenance operating budgets. Attachments: PSA - HVAC Preventative Maintenance FY26-FY30.pdf Report compiled on: February 23, 2026 668 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 1 of 14 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 24th day of March, 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, S. Conley Support, 384 Gallatin Park Dr., Suite 201, Bozeman, MT 59715, hereinafter referred to as “Contractor.” 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 to this Agreement agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 1st day of March, 2031 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 City and will become an additional charge over and above the amount listed in the Scope of Services. City must agree in writing upon any additional charges. 669 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 2 of 14 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor represents and warrants: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Scope of Services. b. Contractor has the experience and ability to perform the services required by this Agreement. c. Contractor will perform the services in a professional, competent, and timely manner and with diligence and skill. d. Contractor has the power to enter into and perform this Agreement. e. Contractor’s performance of this Agreement must 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. Contractor agrees 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: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of City for any purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook and is not considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent City or otherwise bind City in any dealings between Contractor and any third Parties. Contractor must 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 must maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor must furnish 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. 670 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 3 of 14 7. Prevailing Wage Requirements a. Montana Resident Preference. The nature of the work performed, or services provided, under this Contract meets the statutory definition of a "public works contract" in 18-2- 401, MCA. Unless superseded by federal law, Montana law requires that contractors and subcontractors give preference to the employment of Montana residents for any public works contract in excess of $25,000 for construction or non-construction services. Contractor must abide by the requirements set out in 18-2-401 through 18-2-432, MCA, and all administrative rules adopted under these statutes. The Commissioner of the Montana Department of Labor and Industry has established the resident requirements in accordance with 18-2-403 and 18-2-409, MCA. Any and all questions concerning prevailing wage and Montana resident issues should be directed to the Montana Department of Labor and Industry. b. Standard Prevailing Rate of Wages. In addition, unless superseded by federal law, all employees working on a public works contract must be paid prevailing wage rates in accordance with 18-2-401 through 18-2-432, MCA, and all associated administrative rules. Montana law requires that all public works contracts, as defined in 18-2-401, MCA, in which the total cost of the contract is greater than $25,000, contain a provision stating for each job classification the standard prevailing wage rate, including fringe benefits, travel, per diem, and zone pay that Contractors, subcontractors, and employers must pay during the public works contract. Wage rate adjustments for multiyear public works contracts are the sole responsibility of the Contractor and must be done in accordance with 18-2-417, MCA. c. Notice of Wages and Benefits. Furthermore, 18-2-406, MCA, requires that all contractors, subcontractors, and employers who are performing work or providing services under a public works contract post in a prominent and accessible site on the project staging area or work area, no later than the first day of work and continuing for the entire duration of the contract, a legible statement of all wages and fringe benefits to be paid to the employees in compliance with 18-2-423, MCA. d. Wage Rates, Pay Schedule, and Records. 18-2-423, MCA, requires that employees receiving an hourly wage must be paid on a weekly basis. Each contractor, subcontractor, and employer must maintain payroll records in a manner readily capable of being certified for 671 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 4 of 14 submission under 18-2-423, MCA, for not less than three years after Contractor's, subcontractor's, or employer's completion of work on the public works contract. 8. Labor Relations: If any labor problems or disputes arise during this Agreement, which cause any services to cease for any period of time, Contractor agrees to take immediate steps in its discretion, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action. Contractor must provide immediate relief to City so as to permit the services to continue at no additional cost to City. Contractor acknowledges and agrees that City will not be a Party to any labor disputes between Contractor and any subcontractors or third Parties. 9. Indemnity: 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 Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of 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 Contractor or Contractor’s agents or employees. For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages, Contractor must 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. Contractor’s obligations in this Section must 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 672 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 5 of 14 rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section must 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 Contractor to assert its right to defense or indemnification under this Agreement or under Contractor’s applicable insurance policies required below, the City must 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 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. These obligations must survive termination of this Agreement and the services performed hereunder. 9. Insurance: In addition to and independent from Contractor’s indemnity obligations under Section 9, Contractor must, 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 Contractor in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by Contractor in Section 9. The insurance must be occurrence-based, and cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by City without limit and without regard to the cause. Contractor must furnish to 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 claim; $2,000,000 per occurrence; • Commercial General Liability - $1,000,000 per claim; $2,000,000 per occurrence; • Automobile Liability - $1,000,000 per property damage claim and $1,000,000 per bodily injury claim; $2,000,000 per accident; and 673 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 6 of 14 • Professional Liability - $1,000,000 per claim; $2,000,000 per occurrence. The above amounts must be exclusive of defense costs. City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be approved by City and must include no less than a thirty (30) day notice of cancellation or non- renewal. Contractor must 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. City must approve all insurance coverage and endorsements prior to Contractor commencing work. Alternative: Contractor must provide City a certificate of insurance prior to commencing work. City must approve the limits shown on the certificate prior to commencing work. City’s approval of the limits does not relieve Contractor of Contractor’s obligation to ensure the insurance meets the requirements. 10. Waiver of Claims: Contractor also waives any and all claims and recourse against City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. 11. 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, City may, by written notice, terminate this Agreement and Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). 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 11, Contractor must be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 11 must be in addition to any other remedies to which City may be entitled under the law or at equity. d. In the event of termination under this Section 11, Contractor must, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business 674 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 7 of 14 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. 12. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of City, make it advisable to City to cease performance under this Agreement, City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination must be effective in the manner specified in the Notice of Termination for City’s Convenience and must be without prejudice to any claims that City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Contractor must 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 must immediately cancel all existing orders or contracts upon terms satisfactory to City. Contractor must do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 12, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 12(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor must, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Intellectual Property and Ownership of Work Product: a. Title and Ownership Rights. City retains title to and all ownership rights in all Work Product. “Work Product” includes all materials, tangible or not, created in whatever medium pursuant to this Agreement, including but not limited to publications, promotional or educational materials, reports, manuals, specifications, drawings and sketches, computer programs, software and databases, schematics, marks, logos, graphic designs, notes, data and content, including but not limited to multimedia or images (graphics, audio, and video), matters and any combinations of, and all forms of intellectual property. b. Ownership of Work Product. Contractor must execute any documents or take any other actions as may reasonably be necessary, or as City may reasonably request, to 675 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 8 of 14 perfect City’s ownership of any Work Product. Contractor must, at no cost to City, deliver to City, upon City request during the term of this Agreement or at its expiration or termination, a current copy of all Work Product in the form and on the media in use as of the date of City’s request, or such expiration or termination. c. Return of Physical Property. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City property, including but not limited to any and all physical items such as documentation, records, and equipment, which is in Contractor’s possession or under Contractor’s control. Contractor must submit to City a detailed account of all of City’s property in its possession or under Contractor’s control. Contractor must return City’s property in a method acceptable to City within ten (10) working days. Unless otherwise mutually agreed upon by the Parties, at no time must any of City’s property be retained by Contractor upon expiration or termination of this Agreement. d. Return of Data. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City data. Contractor must submit to City a detailed account of all of City’s data in its possession or under Contractor’s control. Contractor must return City’s data in a format acceptable to City within ten (10) working days. At no time must any data or processes that either belong to or are intended for use of City or its officers, agents, or employees, be copied, disclosed, or retained by Contractor upon expiration or termination of this Agreement. f. Destruction of Data. If requested by City, Contractor agrees to destroy all of City’s data in its possession. When requested by City to destroy City’s data, Contractor agrees to permanently delete the data and ensure that it is not recoverable, in accordance with National Institute of Standards and Technology (NIST) SP 800-88 “Media Sanitation Guidelines.” g. Certification. In all cases, Contractor will certify that all of City’s information processed during the performance of the services will be completely purged from all physical and electronic data storage with no output to be retained by Contractor at the time the work is completed, the Agreement is terminated, or upon written request of City. 14. 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 must 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 must 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, 676 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 9 of 14 within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor must waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement must be Max Ziegler, Facilities Assistant Superintenden, or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to City’s Representative and approvals or authorizations must 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 City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: Contractor’s Representative for the purpose of this Agreement must be Dan Polen, Service Manager, or such other individual as Contractor must designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication must be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement must be in writing and must be provided to the Representatives named in this Section. Notices must 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. 16. Permits: Contractor must 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. 17. Laws and Regulations: Contractor must 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 677 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 10 of 14 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. 19. Generative Artificial Intelligence (AI): Contractor must inform the City’s representative of its intention to utilized Generative AI to fulfill the deliverables or services detailed in the Scope of Services. City’s representative may, in their discretion, permit or deny Contractor’s use of Generative AI. If Contractor is permitted to use Generative AI, Contractor agrees to review any work created by Generative AI for accuracy, bias, and copyright infringement. Contractor agrees it will never submit any confidential or personal identifiable information acquired through this Agreement into a Generative AI system. For the purposes of this section, Generative AI is defined as a deep learning model that can generate high quality content such as stories or writings, images, voice replication and music. 20. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor of persons performing this Agreement must be on the basis of merit and qualifications. Contractor must have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Contractor cannot 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. Contractor is subject to and must comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to 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 must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 21. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor must not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, 678 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 11 of 14 by any employee or agent engaged in services to 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 must 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 must have the right to request proof of such compliance and Contractor must be obligated to furnish such proof. Contractor must be responsible for instructing and training Contractor's employees and agents in proper and specified work methods and procedures. Contractor must provide continuous inspection and supervision of the work performed. Contractor is responsible for instructing its employees and agents in safe work practices. 22. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both Parties. Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 23. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor must allow City, its auditors, and other persons authorized by 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. Contractor cannot issue any statements, releases or information for public dissemination without prior approval of City. 24. Non-Waiver: A waiver by either Party of any default or breach by the other Party of any terms or conditions of this Agreement does not limit the other Party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 25. 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 in this Agreement, the prevailing Party or the Party giving notice is entitled to reasonable 679 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 12 of 14 attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 26. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 27. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must be resolved first by negotiation between senior-level personnel from each Party duly authorized to negotiate settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. The Parties must attempt to resolve by negotiation within 90 days after the claim, controversy, or dispute has arisen. b. If the Parties are unable to resolve the dispute pursuant to subsection (a), then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. In such a case, all court actions must be commenced within 1 year after the settlement procedure in subsection (a) has been exhausted. 28. Survival: Contractor’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 29. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 30. Severability: If any portion of this Agreement is held to be void or unenforceable, all other provisions of this Agreement must remain in effect. 31. Applicable Law: The Parties agree that this Agreement is governed by the laws of the State of Montana. 32. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 33. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the Parties, 680 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 13 of 14 does not constitute a third-Party beneficiary agreement, and may not be relied upon or enforced by a third Party. 34. Counterparts: This Agreement may be executed in counterparts, which together constitute this Agreement. 35. 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 oral 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. 36. 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. 37. Extensions: This Agreement may, upon mutual agreement, be extended for a period of up to one year at a time by written agreement of the Parties. In no case, however, may this Agreement run longer than five (5) years from the effective date of this Agreement. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 681 Professional Services Agreement for Facilities HVAC Preventative Maintenance FY2026 – FY2030 Page 14 of 14 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 S. CONLEY SUPPORT By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: Dan Polen Print Title: Service Manager APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 682 EXHIBIT A 683 From:Dan Polen To:Bozeman Procurement Subject:[EXTERNAL]Request for Proposal (RFP) HVAC Preventative Maintenance City of Bozeman Facilities_S. ConleySupport_Feb 5th 2026_2:00PM MDT Date:Tuesday, February 3, 2026 8:13:29 AM Attachments:image003.pngCity of Bozeman Hvac Preventative Maintenance RFP (S. Conley) Final.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. To whom it may concern, On behalf of S. Conley, it is my pleasure to present the attached HVAC Preventative Maintenance City of Bozeman Facilities RFP for your review and consideration. Since 2020 our Support team has been leading the way in HVAC Service throughout Montana and is why we believe we are the clear choice and best suited to provide the level of service you are seeking. Since 2001 S. Conley Sales has been leading the market in equipment sales and engineered products. A true Bozeman Montana grown company! As noted in this quote we are not interested in negotiating one-time wins. Our niche is building long-term partnerships with the people we call our customers and friends in the markets we’ve chosen to lead. If any questions arise while in review, please do not hesitate to contact me. Sincerely, Dan Polen, Service Manager Montana | Wyoming 9255 Bonner Mill Rd| Bonner, MT 59823 P – (406) 585-7333 | C – (406) 595-5293 www.sconleysalesinc.com 684 Montana | Wyoming 406.585.7333 www.SConleySalesInc.com S. CONLEY SUPPORT SUBMISSION FOR REQUEST FOR PROPOSALS (RFP) HVAC PREVENTATIVE MAINTENANCE City of Bozeman Facilities City of Bozeman Bozeman, MT P.O. Box 1230 Bozeman, MT 59771-1230 S. Conley Support 384 Gallatin Park Dr. Suite 201 Bozeman, MT. 59715 February 2nd, 2026 685 384 Gallatin Park Dr. Suite 201, Bozeman, MT 59771 (O) 406.585.7333 (F) 406.585.7666 Request for Proposals ( RFP) HVAC Preventative Maintenance Executive Summary S. Conley Support Executive Summary Request for Proposal RFP 686 Montana | Wyoming 406.585.7333 www.SConleySalesInc.com HVAC Preventative Maintenance Services Proposal (RFP) Prepared for City of Bozeman Prepared by S. Conley Support Purpose: To provide the City of Bozeman with a comprehensive proposal for preventative maintenance services for Heating, Ventilation, and Air Conditioning systems at facilities outlined in “Request for Proposals (RFP) HVAC Preventative Maintenance” dated January 2026. Client Challenges: City of Bozeman has a wide range of commercial equipment from boilers, furnaces, air handlers, heat pumps, chillers, exhaust ventilation, and energy recovery ventilators that “range in age from 1960’s up to modern”. Due to the variety of equipment, age of equipment, mixed technologies, and multiple facilities it can be challenging to maintain and service them. This Request for Proposal addresses performing comprehensive annual and semi-annual preventive maintenance services of primary equipment that supplements work conducted by facilities staff. S. Conley Qualifications: S. Conley Supports’ commitment to service, factory-trained technicians, continual education, and belief of not leaving the job till it is done right allows S. Conley Support to confidentially execute the proposed contract. S. Conley was founded in 2001 in Bozeman, Montana by Scot Spratt covering Montana and Wyoming. S. Conley Support currently has 7 technicians servicing the entire state of Montana, including 2 Journeyman based in Bozeman. Together, our team has more than 75 years of combined commercial HVAC experience. We actively pull in resources from across the state as demand dictates, and we are actively recruiting additional technicians to be based out of the Bozeman market.We expect to have 9 to 10 technicians covering the State of Montana by fall 2026. All our technicians have a wide range of experience with commercial HVAC equipment, not just certain manufacturer brands. Outline Proposal: TD= Total Dollars $ THr= Total Hours Total Proposal amounts TD=$ 52,486.00 year one THr=326 Note: A 6% annual escalation will apply beginning in year two Year 2 Year 3 Year 4 Year 5 $55,635.16 $58,973.27 $62,511.67 $66,262.38 Building Breakdown TD THr TD THr 1.Beall Rec. Center $644.00 4 8. Bridger Parking Garage $1288.00 8 2.Bozeman Public Safety Center $12558.00 78 9. Stiff Professional Building $4508.00 28 3.City Hall $3864.00 24 10.Bozeman Senior Center $3864.00 24 4.Fire Station #2 $5152.00 32 11.Shop Complex $3864.00 24 5.Fire Station #2 -Old $2576.00 16 12.Story Mansion $644.00 4 6.Fire Station #3 $2576.00 16 13.Story Mill Community Center $2576.00 16 7.Bozeman Public Library $5152.00 32 14.Vehicle Maintenance Facility $3220.00 20 Value to the City: City of Bozeman having a comprehensive plan in place ensures reliable system performance, reduces unplanned downtime, extends lifespan of equipment, and lowers total cost to City of Bozeman through proactive inspection and scheduled services. This Preventive Maintenance (RFP) will no doubt reduce unplanned downtime and improve equipment reliability. Partnering with the right service provider is key to the success of this program. We believe we have the right team, expertise, and experience to bring value to this program. Deliverables: 1. Preventative maintenance plan with scheduled intervals 2. Comprehensive reporting on equipment with detailed logs and communication to city staff 3. Factory trained technicians (S. Conley manufacture equipment) 4. Emergency response capabilities 5. In house parts department 6. Local technicians who are a part of the Bozeman community Summary: S. Conley Support is committed & positioned in the market to carry out the Preventative Maintenance (RFP). S. Conley already has a Professional Service Master Task Order Agreement with the City of Bozeman for HVAC Services, we are prepared to support your facilities and keep them running at peak performance year-round. We appreciate the opportunity to work with City of Bozeman on this (RFP) 687 384 Gallatin Park Dr. Suite 201, Bozeman, MT 59771 (O) 406.585.7333 (F) 406.585.7666 Request for Proposals ( RFP) HVAC Preventative Maintenance Firm Profile S. Conley Support Firm Profile Overview of S. Conley Support company and its capacities and qualifications, including key employees, staffing levels, resources and equipment 688 Montana | Wyoming 406.585.7333 www.SConleySalesInc.com S. Conley Sales Firm Profile 1. Company Overview Company Name: S. Conley Sales LLC Founded: 2001 Location: Bozeman, MT Summary: Established in 2001, S. Conley has 25+ years of experience as a manufacturer’s representative for an extensive line of commercial Mechanical equipment manufacturers for Montana and Wyoming. S. Conley Support a (DBA) of S. Conley Sales was started in 2020. With a focus on Commercial HVAC service and commercial Startups of our manufacturer products. S. Conley Support works to be recommended first by our customers by providing superior customer service. S. Conely Support has become a leading player in the commercial HVAC business in Montana over the past 6 years. 2. Vision, Mission & Core Values Vision: To be # 1 in the market Mission: By our Proven Process(s) designed to deliver the best managed & executed HVAC projects in the market by being best-in-class in project development, design assistance, estimating, project management, equipment startup, parts procurement, service and maintenance for the life of equipment. We are not interested in negotiating one-time wins. Our niche is building long-term partnerships with the people we call our customers and friends in the markets we’ve chosen to lead. 689 Montana | Wyoming 406.585.7333 www.SConleySalesInc.com Core Values: • Trusted: We live with honesty and integrity • Committed: We do what it takes to resolve the issue • Resilient: We are strong, adaptable, and committed no matter the challenge • Generous: We provide acts of service when not requested or expected • Humble: We stay modest, confident, and team oriented 3. Services & Expertise S. Conley Support: 1. Experience factory trained technicians 2. Technicians trained on all common HVAC equipment 4. Certifications & Compliance • Licensed Contractor – MT • EPA Universal License • Insured & Bonded for Public and Private Work • Factory training & compliance for 80+equipment manufacturers o York (JCI), Stulz, Valent, Captive Aire, Fulton, LG, Daikin applied, ABB, Dri-Steam, 5. Key Personnel Jamie Gibson – CO-President 15+ years of commercial HVAC experience. Dan Polen- Service Manager 25+ years of commercial HVAC experience Kristin Robertson- Journeyman 12+ years of commercial HVAC experience 690 Montana | Wyoming 406.585.7333 www.SConleySalesInc.com Logan Hollman- Journeyman 8+ years of commercial HVAC experience Jay Kearns- Service and Parts 15+ years in sourcing and managing custom parts in HVAC and other industries Jerica Kimbrell- Dispatch 9+ years in HVAC industry 8. Safety Record • Safety Program aligned with federal and state standards • Zero-incident goal with continuous improvement • Job-specific safety plans on every project • Weekly toolbox talks & documented compliance • Risk assessments conducted before all high-risk tasks 9. Equipment & Technical Capabilities • All weather response fleet. • Ability to design HVAC Equipment • In-House equipment design expertise • In-house parts and sales team • 80+ manufacturer partners and affiliation with a network of representatives throughout the United States. • Turnkey Equipment Replacement Services 10. Contact Information S. Conley 384 Gallatin Park Drive, Suite 201 Bozeman, MT 59715 Phone: (406) 585-7773 Website: www.sconleysalesinc.com 691 384 Gallatin Park Dr. Suite 201, Bozeman, MT 59771 (O) 406.585.7333 (F) 406.585.7666 Request for Proposals ( RFP) HVAC Preventative Maintenance S. Conley Support Related Experience with Similar Projects S. Conley Support Related Experience with Similar Projects Current list of customers we provide Planned Service Agreements for: Equipment type in which we provide maintenance for: 692 Montana | Wyoming 406.585.7333 www.SConleySalesInc.com Related Experience Since its inception in 2020 S. Conley Support has become one of the top HVAC service providers in the state of Montana. S. Conley continues to grow our customer base and provide maintenance for a variety of commercial entities. To date we are providing maintenance for over 30 properties and growing all the time. Our customer base for Planned Maintenance consists of a variety of property types including hospitals, office buildings, higher educational facilities, luxury resorts and hotels, financial institutions, and medical facilities. This comes with a variety of equipment types in which we service. Our current list of customers that we provide planned service agreements for includes: - Montage Resort - 3 Rivers Communication - Northstar Properties - Sterling Property Management - Bozeman Public Safety - Bridger Schools - Citizens Alliance Bank - Clark Fork Valley Hospital - Community Medical Center - First Security Bank - Gallatin County Law and Justice Center - Great Falls Federal Credit Union - Helena Federal Reserve - Hillcrest Senior Living - Kalispell Regional Hospital - Medical Eye Specialists - Montana Credit Union - Namchak Retreat Ranch - Ravalli Electrical Co-op - Security Title - Spring Hill Suites - Nye Mine - Townsend School District - US Bank The equipment type in which we provide maintenance for includes: - High Pressure Steam Boilers - Low Pressure Steam Boilers - Hot Water Boilers - Chillers - Cooling Towers - Air Handlers - VRF - DOAS Units - Pumps - VFD’s - RTU’s - Split Systems - CRC - ERV - WSHP’s - Heat Recovery Chillers - Portal Heaters There is no commercial HVAC application that we cannot maintain, service or repair. Our Support team has a combined 75+ years of experience with training and certifications from several manufacturers. 693 384 Gallatin Park Dr. Suite 201, Bozeman, MT 59771 (O) 406.585.7333 (F) 406.585.7666 Request for Proposals ( RFP) HVAC Preventative Maintenance Description of Proposed Solution Description of Proposed Solution S. Conley Support Comprehensive approach to Preventative Maintenance for the equipment listed in the Request for Proposal. Includes schedules and frequencies of services, components to be inspected and serviced, and staffing allocated to maintenance services. 694 384 Gallatin Park Drive, Suite 201, Bozeman, MT 59715 S. Conley Support Comprehensive Approach to Preventative Maintenance City of Bozeman (RFP) Description of Proposed Solution Proposal No. 001 Contact = Dan Polen Office # = 406-585-1335 Cell # = 406-595-5293 Email = danp@sconlyesalesinc.com S. Conley Support, LLC (“Contractor”) agrees to furnish all labor, material and supervision necessary to perform regularly scheduled maintenance as outlined below. PERIODIC MAINTENANCE APPROACH: • All service work must be scheduled by the client between 8:00 a.m. and 5:00 p.m. Monday-Friday (excluding national holidays) unless otherwise agreed. • All service work not included in the SCHEDULED MAINTENANCE PERFORMED table below (eg – firmware updates, emergency service, equipment repairs/parts/labor) shall be provided on a Time and Materials basis or may be subject to a separately negotiated Work Order. Otherwise, fees for service work shall be subject to the FEE section below. • All service work shall be performed only as defined in the EQUIPMENT SCHEDULE and the PM SCHEDULING tables below. Client may make changes to either of these tables with agreement of Contractor. • All service work performed by S. Conley Support technician. Equipment Annual Maintenance Schedule: Property Equipment Work to be performed Q1 Q2 Q3 Q4 Beall Rec Center Trane Furnace Annual/Heating Inspection 4hrs Bozeman Public Safety Center York AHU (2) Biannual/Seasonal Inspections 4hrs 4hrs JCI Premier Biannual/Seasonal Inspections 6hrs 6hrs Daikin Chiller Annual Inspection 8hrs STULZ Splits (7) Biannual/Seasonal Inspections 8hrs 8hrs Valent ERV Biannual/Seasonal Inspections 2hrs 2hrs HW Boilers (3) Annual Inspection 16hrs DW Boilers (2) Annual Inspection 8hrs Gas Unit heater Annual Inspection 2hrs Infrared Heater (8) Annual Inspection 4hrs City Hall Pace AHU Biannual/Seasonal Inspections 2hrs 2hrs York RTU Biannual/Seasonal Inspections 2hrs 2hrs JCI Condenser Annual Inspection 4hrs Lochinvar Boiler (2) Annual Inspection 8hrs Daikin Mini- Split Annual Inspection 2hrs 2hrs Fire Station #2 Dry Cooler Annual Inspection 4hrs 695 Boilers (2) Annual Inspection 8hrs Daikin VRF Systems (2) Biannual Inspection 4hrs 4hrs ERV Biannual Inspection 2hrs 2hrs Heat Pump Water Heater Biannual Inspection 2hrs 2hrs Engine Bay Supply Fan Biannual Inspection 2hrs 2hrs Fire Station #2 - Old Trane Split Systems (2) Biannual/Seasonal Inspection 4hrs 4hrs Unit Heaters (2) Annual Inspection 4hrs Thru the Wall Unit Annual Inspection 4hrs Fire Station #3 WSHP Biannual Inspection 8hrs 8hrs Bozeman Public Library Lochinvar Boilers (3) Annual Inspections 16hrs Carrier AHU’s (2) Biannual/Seasonal Inspections 4hrs 4hrs Dunham Buch Chiller Annual Inspection 8hrs Bridger Parking Garage York AHU Biannual/Seasonal Inspection 4hrs 4hrs Stiff Professional Building Weil McClain Boiler (2) Annual Inspection 8hrs Daikin Mini Splits (2) Biannual Inspection 2hrs 2hrs AHU (basement) Biannual/Seasonal Inspections 2hrs 2hrs York RTU Biannual/Seasonal Inspections 4hrs 4hrs Trane Condenser Annual Inspection 4hrs Bozeman Senior Center Boilers (2) Annual Inspection 8hrs Split Systems (6) Biannual/Seasonal Inspections 7hrs 7hrs Furnace Biannual Inspection 1hr 1hr Shops Complex Unit Heater (13) Annual/Heating Inspection 8hrs Lennox Split Systems (5) Biannual/Seasonal Inspections 8hrs 8hrs Story Mansion Boilers (2) Annual Inspection 4hrs Story Mill Community Center Captive Aire Biannual/Seasonal Inspections 6hrs 4hrs Aldes ERV Biannual Inspection 1hr 1hr Lochinvar Boiler Annual Inspection 4hrs Vehicle Maintenance Facility Lochinvar Boiler Annual Inspection 4hrs Waste Oil Boiler Annual Inspection 2hrs York Split Systems Gas (2) Biannual/Seasonal Inspections 4hrs 4hrs Gas Unit Heaters (4) Annual inspections 6hrs Total Hours = 326 696 1. Beall Rec Center: Work Description: Heating Seasonal Startup Inspection Description of Work: • Check all electrical and mechanical parts • Verify operation of gas furnace • Check manifold pressures and adjust if/where needed • Check all parts of blower assembly and clean as needed • Lubricate fan motor (where applicable) • Check operation of all safeties • Replace filters (as needed) • Log unit running stats 2. Bozeman Public Safety Center: Lochinvar Boiler Annual Work Description: • Check all electrical and mechanical connections/parts on boiler • Review unit/control parameters • Remove burner to clean all internal parts of boiler • Clean burner, burner tube and heat exchanger • Verify proper operation of combustion fan, burner and boiler controller • Check operation of all safeties • Inspect all ignitors and ionization rods • Clean all parts of condensate line and check PH level of condensate neutralizer • Check operation of hydronic system and all pressure relief valves • Complete combustion analysis • Check all inlet and exhaust piping/duct • Leak check all gas piping • Complete boiler log Daikin Air Cooled Chiller Annual Work Description: • Check all electrical and mechanical connections • Remove panels to access condenser coils • Clean all condenser coils • Check chiller controller for proper operation and set points • Complete operational check on all circuits • Check amp draws on all compressors and condenser fans • Check pressure drop on evaporator • Record run times on all compressors • Leak check all refrigerant circuits • Complete chiller log 697 Stulz CRAC Unit Annual Work Description: • Check all electrical and mechanical connections/parts • Review unit controls and set points • Inspect unit humidifiers and replace cannisters as needed • Check condensate pumps for proper operation • Clean all parts of condensate lines/pumps • Check operation of condensers and clean coils • Verify crankcase heaters working properly • Complete operational check and record running stats JCI Premier Roof Top Unit Biannual Description of Work: • Check all electrical and mechanical connections • Inspect all parts of supply and return fan assemblies • Replace belts as needed • Grease all bearings • Inspect all parts of refrigeration circuits and complete leak check • Verify all compressor crankcase heaters working properly • Check condenser fans for proper operation • Verify HW actuator working and responding properly (seasonally) • Check all dampers for proper operation • Review unit parameters on unit controller • Clean condenser coils (seasonally) • Complete operational check and log all running stats JCI Air Handlers and VFD’s Biannual Description of Work: • Check all electrical and mechanical parts • Inspect all parts of supply and return fan assemblies • Replace belts as needed • Grease all bearings • Check all dampers for proper operation • Verify all chilled/hot water actuators working properly • Blow out VFD’s with nitrogen • Review parameters on VFD’s and complete backup • Complete operational check and log all running stats Valent ERV Annual Description of Work: • Check all electrical and mechanical connections • Inspect supply and exhaust fans • Grease all bearings • Check all dampers for proper operation • Verify all chilled/hot water actuators working properly 698 • Review parameters and set points in unit controller • Complete operational check and log all running stats Infrared Heaters Annual Description of Work: • Use lift (provided by customer) to access heaters • Check all electrical and mechanical parts • Check manifold pressures and adjust as needed • Check all safeties for proper operation • Blow all parts of heaters out with nitrogen • Complete operational check and record running stats Ceiling Hung Gas Unit Heaters Annual Description of Work: • Use lift to access unit • De-energize and check all electrical and mechanical parts • Blow all parts of heater out with nitrogen • Grease/oil supply fan motors as needed • Run unit and verify correct manifold pressures • Check operation of all safeties • Log unit running stats 3. City Hall: Work Description: Lochinvar Boiler Annual Work Description: • Check all electrical and mechanical connections/parts on boiler • Review unit/control parameters • Remove burner to clean all internal parts of boiler • Clean burner, burner tube and heat exchanger • Verify proper operation of combustion fan, burner and boiler controller • Check operation of all safeties • Inspect all ignitors and ionization rods • Replace ignitors and ionization rods (as needed) • Clean all parts of condensate line and check PH level of condensate neutralizer • Check operation of hydronic system and all pressure relief valves • Complete combustion analysis • Check all inlet and exhaust piping/duct • Leak check all gas piping • Complete boiler log Air Handler and VFD’s Biannual Description of Work: • Check all electrical and mechanical parts • Inspect all parts of supply and return fan assemblies and clean as needed 699 • Replace belts as needed • Grease bearings as needed • Check all dampers for proper operation • Verify hot water actuators working properly (Seasonally) • Blow out VFD’s with nitrogen • Review parameters on VFD’s and complete backup • Verify proper operation of cooling (Seasonally) • Complete unit log Condenser Annual Description of Work: • Check all electrical and mechanical connections/parts • Check all condenser fan motors and blades • Clean all condenser coils • Verify all crankcase heaters working properly • Leak check all refrigerant circuits • Run all compressors and condenser fans and log running stats Roof Top Unit Heating Annual Work Description: • De-energize unit and lockout • Check all electrical and mechanical parts • Inspect all parts of blower assembly • Check manifold pressures in all stages of heat • Inspect ignitors and flame sensors • Verify all safeties working properly • Complete unit log Roof Top Unit Cooling Annual Work Description: • De-energize unit and lockout • Check all electrical and mechanical connections • Clean all condenser coils • Check all parts of condenser fans • Inspect all parts of blower assembly • Perform leak check on all refrigerant circuits • Complete cooling operational check • Complete unit log Mini-Split Biannual Inspection • Check all electrical and mechanical parts on indoor and outdoor units • Check all parts of condensate line/pan/pump and clean as needed • Verify crankcase heater working properly • Complete leak check on all refrigerant piping 700 • Complete operational check • Verify unit controller working properly • Complete unit log 4. Fire Station #2 Work Description: Dry-Cooler Annual Description of Work: • Check all electrical and mechanical parts • Inspect all condenser fans and verify operation • Verify operation of all controls and fans • Rinse all coils with water • Complete unit log Lochinvar Boiler Annual Work Description: • Check all electrical and mechanical connections/parts on boiler • Review unit/control parameters • Remove burner to clean all internal parts of boiler • Clean burner, burner tube and heat exchanger • Verify proper operation of combustion fan, burner and boiler controller • Check operation of all safeties • Inspect all ignitors and ionization rods • Replace ignitors and ionization rods (as needed) • Clean all parts of condensate line and check PH level of condensate neutralizer • Check operation of hydronic system and all pressure relief valves • Complete combustion analysis • Check all inlet and exhaust piping/duct • Leak check all gas piping • Complete boiler log Electric Boiler Annual Description of Work: • Check all electrical and mechanical connections • Complete leak check on all parts of boiler • Check resistance on all heating elements • Check all safeties for proper operation • Perform operational check and log running stats/amp draws • Check controls for proper operation • Complete boiler log 701 ERV Biannual Description of Work: • Check all electrical connections • Check all mechanical components • Verify operation of dampers • Verify operation of fans • Inspect all parts of blower assemblies • Inspect heat exchanger and clean as needed • Grease motors as needed • Complete unit log Daikin Heat Recovery VRF System Annual Description of Work: • Check all electrical and mechanical parts on ODU’s • Review system operation and controls via Central Controller • Verify operation of all system components including o Master and Slave ODU’s o Water side exchangers (DP’s, heat exchange) o HRU’s and all internal components (EEVs, Solenoids, sensors, controls) o Indoor units (sensors, controls, eevs, condensate pumps) • Log system performance in heating and cooling modes and provide detailed report Supply Fan Biannual Description of Work: • Check all electrical and mechanical parts • Check HW coil and clean as needed • Inspect all parts of fan assembly • Grease motor bearings as needed • Record all running stats • Complete unit log 702 5. Fire Station #2-Old Work Description: Split Systems Heating Seasonal Startup Description of Work: • Check all electrical and mechanical parts • Inspect all parts of blower section and clean as needed • Complete operational check • Check manifold pressures and adjust if/where needed • Inspect ignitor and flame sensors • Check operation of all safeties • Replace filters (as needed) • Log unit running stats Split Systems Cooling Seasonal Startup Description of Work: • Check all electrical and mechanical parts • Inspect all parts of blower section and clean as needed • Inspect drain pans/lines and clean as needed • Complete operational check • Verify correct running pressures, temps, and amp draws • Clean/rinse condenser coils • Replace filters (as needed) • Complete leak check • Log unit running stats Unit Heater Annual Description of Work: • Check all electrical and mechanical parts on heater • Blow out all parts of heater with nitrogen • Verify incoming and manifold pressures • Verify operation of all safeties • Verify operation of controls • Log all running stats Thru the Wall Unit Annual Description of Work: • Check all electrical and mechanical parts • Inspect all parts of blower assembly and clean as needed • Leak check all parts of refrigerant system • Clean condenser and evap coils as needed • Verify operation in cooling mode 703 • Complete unit log 6. Fire Station #3 Work Description: WSHP Biannual/Seasonal Description of Work: • Complete check of all electrical and mechanical parts • Complete refrigerant and water leak check • Verify proper operation of unit controller • Complete operational check • Check pressure drops across heat exchangers and verify proper flow • Remove and clean strainers as needed • Check glycol levels • Complete unit log 7. Bozeman Public Library: Work Description: Lochinvar Boiler Annual Work Description: • Check all electrical and mechanical connections/parts on boiler • Review unit/control parameters • Remove burner to clean all internal parts of boiler • Clean burner, burner tube and heat exchanger • Verify proper operation of combustion fan, burner and boiler controller • Check operation of all safeties • Inspect all ignitors and ionization rods • Replace ignitors and ionization rods (as needed) • Clean all parts of condensate line and check PH level of condensate neutralizer • Check operation of hydronic system and all pressure relief valves • Complete combustion analysis • Check all inlet and exhaust piping/duct • Leak check all gas piping • Complete boiler log Air Handlers and VFD’s Biannual Description of Work: • Check all electrical and mechanical parts • Inspect all parts of supply and return fan assemblies • Replace belts as needed • Grease all bearings • Check all dampers for proper operation • Verify all chilled/hot water actuators working properly 704 • Blow out VFD’s with nitrogen • Review parameters on VFD’s and complete backup • Complete operational check and log all running stats Air Cooled Chiller Annual Work Description: • Check all electrical and mechanical connections • Remove panels to access condenser coils • Clean all condenser coils • Check chiller controller for proper operation and set points • Complete operational check on all circuits • Check amp draws on all compressors and condenser fans • Check pressure drop on evaporator • Record run times on all compressors • Leak check all refrigerant circuits • Complete chiller log 8. Bridger Parking Garage: Air Handler Biannual Description of Work: • Check all electrical and mechanical parts • Inspect all parts of supply and return fan assemblies and clean as needed • Replace belts as needed • Grease bearings as needed • Check all dampers for proper operation • Verify hot water actuators working properly (Seasonally) • Verify proper operation of cooling (Seasonally) • Complete unit log 9. Stiff Professional Building: Work Description: Weil-McClain Sectional Boiler Annual Description of Work: • Lockout all parts of boiler • Check all electrical and mechanical parts • Remove cleanouts and clean all parts of boiler and burner • Inspect ignitor and flame sensor (clean and replace as needed) • Remove lockouts and run boiler • Verify manifold pressures • Complete combustion analysis • Verify operation of all safeties • Complete boiler log 705 Air Handler Biannual Description of Work: • Check all electrical and mechanical parts • Inspect all parts of supply and return fan assemblies and clean as needed • Replace belts as needed • Grease bearings as needed • Check all dampers for proper operation • Verify hot water actuators working properly (Seasonally) • Verify proper operation of cooling (Seasonally) • Complete unit log Condenser Annual Description of Work: • Check all electrical and mechanical connections/parts • Check all condenser fan motors and blades • Clean all condenser coils • Verify all crankcase heaters working properly • Leak check all refrigerant circuits • Run all compressors and condenser fans and log running stats Roof Top Unit Heating Annual Work Description: • De-energize unit and lockout • Check all electrical and mechanical parts • Inspect all parts of blower assembly • Check manifold pressures in all stages of heat • Inspect ignitors and flame sensors • Verify all safeties working properly • Complete unit log Roof Top Unit Cooling Annual Work Description: • De-energize unit and lockout • Check all electrical and mechanical connections • Clean all condenser coils • Check all parts of condenser fans • Inspect all parts of blower assembly • Perform leak check on all refrigerant circuits • Complete cooling operational check • Complete unit log Mini-Split Biannual Inspection • Check all electrical and mechanical parts on indoor and outdoor units 706 • Check all parts of condensate line/pan/pump and clean as needed • Verify crankcase heater working properly • Complete leak check on all refrigerant piping • Complete operational check • Verify unit controller working properly • Complete unit log 10. Bozeman Senior Center: Work Description: Boiler Annual Work Description: • Check all electrical and mechanical connections/parts on boiler • Review unit/control parameters • Remove burner to clean all internal parts of boiler • Clean burner, burner tube and heat exchanger • Verify proper operation of combustion fan, burner and boiler controller • Check operation of all safeties • Inspect all ignitors and ionization rods • Replace ignitors and ionization rods (as needed) • Clean all parts of condensate line and check PH level of condensate neutralizer • Check operation of hydronic system and all pressure relief valves • Complete combustion analysis • Check all inlet and exhaust piping/duct • Leak check all gas piping • Complete boiler log Split Systems Heating Seasonal Startup Description of Work: • Check all electrical and mechanical parts • Inspect all parts of blower section and clean as needed • Complete operational check • Check manifold pressures and adjust if/where needed • Inspect ignitor and flame sensors • Check operation of all safeties • Replace filters (as needed) • Log unit running stats Split Systems Cooling Seasonal Startup Description of Work: • Check all electrical and mechanical parts • Inspect all parts of blower section and clean as needed • Inspect drain pans/lines and clean as needed • Complete operational check • Verify correct running pressures, temps, and amp draws • Clean/rinse condenser coils • Replace filters (as needed) 707 • Complete leak check • Log unit running stats 11. Shop Complex: Work Description: Unit Heater Annual Description of Work: • Check all electrical and mechanical parts on heater • Blow out all parts of heater with nitrogen • Verify incoming and manifold pressures • Verify operation of all safeties • Verify operation of controls • Log all running stats Split Systems Heating Seasonal Startup Description of Work: • Check all electrical and mechanical parts • Inspect all parts of blower section and clean as needed • Complete operational check • Check manifold pressures and adjust if/where needed • Inspect ignitor and flame sensors • Check operation of all safeties • Replace filters (as needed) • Log unit running stats Split Systems Cooling Seasonal Startup Description of Work: • Check all electrical and mechanical parts • Inspect all parts of blower section and clean as needed • Inspect drain pans/lines and clean as needed • Complete operational check • Verify correct running pressures, temps, and amp draws • Clean/rinse condenser coils • Replace filters (as needed) • Complete leak check • Log unit running stats 708 12. Story Mansion: Work Description: Lochinvar Boiler Annual Work Description: • Check all electrical and mechanical connections/parts on boiler • Review unit/control parameters • Remove burner to clean all internal parts of boiler • Clean burner, burner tube and heat exchanger • Verify proper operation of combustion fan, burner and boiler controller • Check operation of all safeties • Inspect all ignitors and ionization rods • Replace ignitors and ionization rods (as needed) • Clean all parts of condensate line and check PH level of condensate neutralizer • Check operation of hydronic system and all pressure relief valves • Complete combustion analysis • Check all inlet and exhaust piping/duct • Leak check all gas piping • Complete boiler log 13. Story Mill Community Center: Work Description: Lochinvar Boiler Annual Work Description: • Check all electrical and mechanical connections/parts on boiler • Review unit/control parameters • Remove burner to clean all internal parts of boiler • Clean burner, burner tube and heat exchanger • Verify proper operation of combustion fan, burner and boiler controller • Check operation of all safeties • Inspect all ignitors and ionization rods • Replace ignitors and ionization rods (as needed) • Clean all parts of condensate line and check PH level of condensate neutralizer • Check operation of hydronic system and all pressure relief valves • Complete combustion analysis • Check all inlet and exhaust piping/duct • Leak check all gas piping • Complete boiler log Captive Aire MAU Biannual Heating Seasonal Description of Work: • Check all electrical and mechanical parts • Verify operation of dampers • Inspect all parts of blower assemblies • Blow out all parts of blower fan and motor 709 • Grease motors as needed • Verify operation of fans • Verify operation of all safeties • Inspect all parts of burner including ignitor and flame sensor • Clean burner head • Verify manifold pressures • Complete unit log Captive Aire MAU Biannual Cooling Seasonal Description of Work: • Check all electrical and mechanical parts • Verify operation of dampers • Inspect all parts of blower assemblies • Blow out all parts of blower fan and motor • Grease motors as needed • Verify operation of fans • Verify operation of all safeties • Clean all condenser coils • Verify all crankcase heaters working • Complete leak check on all condensers and refrigerant piping • Run all condensers and verify proper operation • Complete unit log ERV Biannual Description of Work: • Check all electrical connections • Check all mechanical components • Verify operation of dampers • Verify operation of fans • Inspect all parts of blower assemblies • Inspect heat exchanger and clean as needed • Grease motors as needed • Complete unit log 710 14. Vehicle Maintenance Facility: Work Description: Lochinvar Boiler Annual Work Description: • Check all electrical and mechanical connections/parts on boiler • Review unit/control parameters • Remove burner to clean all internal parts of boiler • Clean burner, burner tube and heat exchanger • Verify proper operation of combustion fan, burner and boiler controller • Check operation of all safeties • Inspect all ignitors and ionization rods • Replace ignitors and ionization rods (as needed) • Clean all parts of condensate line and check PH level of condensate neutralizer • Check operation of hydronic system and all pressure relief valves • Complete combustion analysis • Check all inlet and exhaust piping/duct • Leak check all gas piping • Complete boiler log Alternate Heating Waste Oil Boiler • Complete visual inspection on all parts of boiler • Verify no leaks present • Check all electrical connections • Record run hours, oil and air pressure on burner • Take combustion readings • Check operation of all safeties • Complete boiler log Split Systems Heating Seasonal Startup Description of Work: • Check all electrical and mechanical parts on furnace • Inspect all parts of blower assembly and clean as needed • Check manifold pressures and adjust if/where needed • Check operation of all safeties • Verify unit controls set and working properly • Verify crankcase heaters working on condensing units • Complete operational check • Log unit running stats Split Systems Cooling Seasonal Startup Description of Work: 711 • Check all electrical and mechanical parts • Inspect all parts of blower section and clean as needed • Inspect drain pans/lines and clean as needed • Complete operational check • Verify correct running pressures, temps, and amp draws • Clean/rinse condenser coils • Verify unit controls set and working properly • Complete leak check • Log unit running stats Summary: Based on 326 hours of annual service required to complete the full scope of work, S. Conley Support has sufficient bandwidth in the Bozeman market to allocate a full-time technician to perform the prescribed services outlined in this document. Additionally, S. Conley may assign additional technicians as needed to specific buildings or groups of buildings throughout the duration of this proposal to ensure all work is completed efficiently and within required timelines. Please refer to our Present and Projected Workloads section of this document for further details. 712 384 Gallatin Park Dr. Suite 201, Bozeman, MT 59771 (O) 406.585.7333 (F) 406.585.7666 Request for Proposals ( RFP) HVAC Preventative Maintenance Description of Proposed Solution- Sample Documentation Description of Proposed Solution- Sample Documentation Sample documentation from BuildOPS of S. Conley Support records,transmit maintenance records and data to owner. 713 384 Gallatin Park Dr Bozeman, MT, 59715 406-585-7333 Job Report #2184 Jan 27, 2026 TYPE T&M CUSTOMER NAME Montage International ADDRESS Montage Big Sky PO Box 53031 Phoenix, AZ, 85072-2031 PROPERTY NAME Montage PROPERTY ADDRESS 995 Settlement Trail Big Sky, MT, 59716 AUTHORIZED BY Darren Crnich CUSTOMER PO# - CUSTOMER WO# - SALES AMOUNT NTE Job Description 2025 annual PSA Job Summary Visit 001 DATE PERFORMED TECHNICIAN(S) Oct 1, 2025 Kristin Robertson, Logan Hollman ASSET MAKE MODEL NUMBER SERIAL NUMBER CW-3-VFD Danfos 177U9494 973202Y080 VFD PCHW-1A Danfoss 177U9789 039802Y080 VFD CW-2 Danfoss 177U9655 972702Y080 VFD CW-1 Danfoss 177U9655 972602Y080 FC-1 WEG 015120T3E284T 18MAY20181043779347 B-3 CleaverBrooks CFLC 16011100010130 PCHW-1B WEG T100360T3G365TS-W40 Z1050189607 CW-1 WEG 0401-20T3E364T-W40 24JUN2019-1049547273 HR-1-VFD Danfos 174L1497 874104Y190 CW-3 BALDOR EM2513T-5 Z1906110176 B-2 CleaverBrooks CFLC 16018000210082 PCHW-1A WEG T100360T3G365TS-W40 Z1050189606 CW-2 WEG 040120T3E364T-W40 24JUN2019.1049547277 VFD FC-1 Danfoss 177U9494 973102Y080 VFD PCHW-1B Danfoss 177U9789 039902Y080 WORK SUMMARY Traveled to the site and met with Kristin. Together, we proceeded to the engineering office, where we met with Brody. We explained the scope of work planned for this visit. I began servicing the boilers while Kristin focused on the pumps and VFDs. I started with Boiler B-3, first removing all gas pressure lines and the pilot line. I then removed the gas train to gain access to the blower. After detaching the mounting bolts, I swung the combustion fan out of the way using its hinge and removed the firing tube. Upon inspection, I found the heat exchanger to be in excellent condition. I cleaned the heat exchanger thoroughly and began reassembling all components. After reassembly, I did not perform a test run on Boiler B-3, as it remains offline due to a faulty combustion air damper actuator. I then moved on to Boiler 2. I removed all necessary components and cleaned the heat exchanger, which was slightly dirtier than B-3 but still in acceptable condition. I concluded the day with Boiler 2 disassembled and ready for reassembly. After completing the day's work, I returned to Bozeman. Traveled to site. Met with staff to discuss work to be performed and any current issues. Boilers 2 and 3 are down due to a low water issue on B-2 and an air damper actuator failure on B-3. Began maintenance on B-2 and 3. Began pump and VFD maintenance. "1 of 32 " 714 Visit 002 DATE PERFORMED TECHNICIAN(S) Oct 2, 2025 Logan Hollman, Kristin Robertson ASSET MAKE MODEL NUMBER SERIAL NUMBER B-1 CleaverBrooks CFLC 16010800210081 B-4 CleaverBrooks CFLC 16018000210084 WORK SUMMARY Continued with boiler maintenance starting with Boiler 4. Continued with boiler room pump and VFD maintenance. Found pump DHW-3 is progressively getting louder. Attached recommendation to job to replace the pump motor. Traveled to the site and met with Kristin. We began work for the day, Kristin continued logging data on the pumps and VFDs while I resumed work on the boilers. I started by reassembling Boiler 2, which had been previously disassembled. Once completed, I moved on to Boilers 1 and 4. I removed the gas pressure lines and the pilot line, followed by removal of the gas train to access the blower assembly. After detaching the blower mounting bolts, I swung the blower out of the way using the built-in hinges. I then removed the burner for inspection. The heat exchanger on both boilers was found to be in excellent condition. I thoroughly cleaned both the heat exchanger and the burner, then reinstalled all components in reverse order. After reassembly, I test ran both Boiler 1 and Boiler 4. Both units operated without any issues. A combustion analysis for these boilers is scheduled for tomorrow. During the inspection of Boiler 1, I discovered a failed gasket between the burner and the heat exchanger. The customer had one spare gasket on hand, which I installed. I recommend ordering at least two additional spare gaskets to have on site in case of future failures. On Boiler 4, I observed that a portion of the refractory material on the heat exchanger face had broken off. Approximately 3/4" of the 4" thick refractory was missing at the bottom. While the current damage does not warrant shutting down the boiler, I recommend replacing the refractory as soon as possible to prevent further deterioration or damage. I informed Brody of both issues before wrapping up. Kristin and I completed cleanup and then returned to Bozeman. Visit 003 DATE PERFORMED TECHNICIAN(S) Oct 3, 2025 Logan Hollman, Kristin Robertson ASSET MAKE MODEL NUMBER SERIAL NUMBER B-6 CleaverBrooks CFLC 16010800210083 B-2 CleaverBrooks CFLC 16018000210082 B-3 CleaverBrooks CFLC 16011100010130 B-5 CleaverBrooks®CFLC 16011100010128 B-1 CleaverBrooks CFLC 16010800210081 B-4 CleaverBrooks CFLC 16018000210084 WORK SUMMARY Traveled to the site and began teardown and maintenance on Boiler B-6. I started by removing the gas pressure lines and pilot line, followed by removal of the gas train to gain access to the blower assembly. After detaching the blower mounting bolts, I swung the blower out of the way using the built-in hinges and removed the burner for inspection. The heat exchanger was found to be in excellent condition. I thoroughly cleaned both the heat exchanger and the burner, then reinstalled all components in reverse order. The boiler was successfully test-run and operated without issues. Following completion of B-6, I moved on to Boiler B-5 and performed the same sequence of work: removal of gas lines, gas train, blower assembly, and burner; inspection and cleaning of the heat exchanger and burner; and full reassembly. Boiler B-5 also test-ran without any operational problems. During the visit, we discovered that the system water pressure was at zero. Investigation into this issue is being addressed under a separate job. Due to the water pressure issue, combustion analysis could not be completed on this visit. However, as combustion analysis is not a high priority for this visit, it has been scheduled for completion during our next visit in two weeks. Visit 004 DATE PERFORMED TECHNICIAN(S) Oct 13, 2025 Kristin Robertson, Logan Hollman ASSET MAKE MODEL NUMBER SERIAL NUMBER B-6 CleaverBrooks CFLC 16010800210083 B-1 CleaverBrooks CFLC 16010800210081 B-4 CleaverBrooks CFLC 16018000210084 B-5 CleaverBrooks®CFLC 16011100010128 "2 of 32 " 715 WORK SUMMARY Performed combustion analysis on all functioning boilers, 1, 4, 5, and 6. While operating boiler 6, found it tripping out repeatedly in high fire. Will continue diagnosis the following day. Visit 005 DATE PERFORMED TECHNICIAN(S) Oct 14, 2025 Logan Hollman, Kristin Robertson ASSET MAKE MODEL NUMBER SERIAL NUMBER Cooling Tower 2 REYMSA COOLING TOWERS. INC.RTGM-812120-B-251-S L49M1S1344L19434975 B-6 CleaverBrooks CFLC 16010800210083 Cooling Tower 1 REYMSA COOLING TOWERS. INC.RTGM-812120-8-2T1-S L49M1S1344L19431975 WORK SUMMARY Arrived on site and checked in with security before proceeding to the boiler room to begin work. The primary task for the day was troubleshooting a high- pressure alarm on Boiler 6 related to the combustion damper. After several attempts, we successfully transferred the demand over to Boiler 6 and started the unit. Upon reaching maximum firing rate, we observed a pressure reading of +1.0 in.w.c., which was significantly higher than the readings on the other boilers. Since all boilers share a single combustion exhaust fan, pressure values should not vary substantially between units. Based on this finding, we decided to swap the pressure switch from Boiler 3 (currently offline) to Boiler 6. After the replacement, the pressure reading decreased to 0.61 in.w.c., indicating improvement. We then continued with scheduled maintenance activities. Combustion data was collected from Boiler 6 at both low fire and high fire conditions. Additionally, we inspected the cooling towers and confirmed proper operation, as well as verified the functionality of the sump heaters. Began diagnosing boiler 6. Found the exhaust damper controller was tripping out on high pressure at 1.0”wc. Verified that the actuator was operational and operating as requested. Verified that the controller was operating properly. Swapped pressure switch with one from B-3, which is currently down. This switch reads 0.6”wc and the boiler operates. Recommend replacing the pressure switch for the exhaust damper system on boiler 6. Also checked cooling towers and verified good operation of the sump heaters. Visit 006 DATE PERFORMED TECHNICIAN(S) Oct 15, 2025 Kristin Robertson, Logan Hollman ASSET MAKE MODEL NUMBER SERIAL NUMBER Chiller 2 Daikin WWVRNNSASNB STNU190800048 Chiller 1 Daikin WWVRNNSASNB STNU190800040 WORK SUMMARY Upon arrival, our team checked in with security and was granted access to the mechanical room. We continued work on the boiler systems and recorded all relevant operational data during the visit. In addition to boiler maintenance, we performed a preliminary inspection of the chillers and the cooling tower. Maintenance on the cooling tower could not be performed due to safety concerns caused by wet conditions and the sloped surface of the tower. We also observed that the chillers were not running. It was expected that a rise in water temperature might bring them online, but the cooling towers were effectively handling the full load, and the chillers did not engage. With all accessible tasks completed, we packed up and departed the site. Visit 007 DATE PERFORMED TECHNICIAN(S) Oct 16, 2025 Logan Hollman, Kristin Robertson ASSET MAKE MODEL NUMBER SERIAL NUMBER RAF B2-4 Loren Cook Company 365 SQI 365SQIB 371SI60486-00/0005402 RAF B2-1 Loren Cook Company 365 SQI 365SQ B 371S1604S6-00/10002501 RAF-B1-1 Loren Cook Company 365SQI 371SI70444-00/0002201 RAF B2-2 Loren Cook Company 402 SQL 402SQ 1B 371S160486-00/0003801 RAF B2-3 Loren Cook Company 365 SOI 365S01B 371S160486-00/0005401 WORK SUMMARY Upon arrival, our team checked in with security and gained access to the mechanical rooms. We found that the chillers were still not operating, so we proceeded with inspection and data collection on the remaining equipment. "3 of 32 " 716 WORK SUMMARY All fans included in the maintenance agreement were visited, and operational data was collected for each unit. After completing the fan inspections, we proceeded to the cooling towers. To test chiller responsiveness, we temporarily shut down the cooling towers to see if the chillers would engage. Unfortunately, the chillers did not start. The cooling towers were then re-enabled. With all available maintenance tasks completed for this visit, we secured the area and departed the site. Visit 008 DATE PERFORMED TECHNICIAN(S) Nov 4, 2025 Kristin Robertson ASSET MAKE MODEL NUMBER SERIAL NUMBER B-3 CleaverBrooks CFLC 16011100010130 B-5 CleaverBrooks®CFLC 16011100010128 B-1 CleaverBrooks CFLC 16010800210081 B-6 CleaverBrooks CFLC 16010800210083 B-2 CleaverBrooks CFLC 16018000210082 B-4 CleaverBrooks CFLC 16018000210084 WORK SUMMARY Compiled summary of Q3 maintenance visits, including deficiencies noted and recommendations to resolve them. Visit 009 DATE PERFORMED TECHNICIAN(S) Dec 15, 2025 Kristin Robertson, Alex Rappuhn ASSET MAKE MODEL NUMBER SERIAL NUMBER Chiller 1 Daikin WWVRNNSASNB STNU190800040 WORK SUMMARY Drove to site from Great Falls. Met with Kristen at the office to try and locate materials for the job. Drove to site and dropped off materials. Got pulled off job for an emergency at a different building, will continue work at site tomorrow. Visit 010 DATE PERFORMED TECHNICIAN(S) Dec 18, 2025 Logan Hollman, Alex Rappuhn ASSET MAKE MODEL NUMBER SERIAL NUMBER Chiller 1 Daikin WWVRNNSASNB STNU190800040 WORK SUMMARY Drove to site from Yellowstone Club. Drained chiller one and while draining worked on our brush cable that needed to be repaired. After draining was completed we took the chiller apart to prepare for cleaning. During cleaning our brush cable broke. Contacted supervisor and got new ones on order. Will go back tomorrow to put chiller back together. Will need to go back to complete PSA when new brushes arrive. Drove back to Bozeman Visit 011 DATE PERFORMED TECHNICIAN(S) Dec 19, 2025 Alex Rappuhn ASSET MAKE MODEL NUMBER SERIAL NUMBER Chiller 1 Daikin WWVRNNSASNB STNU190800040 WORK SUMMARY Drove to site from Bozeman, put cover back on chiller. Picked up area and headed back to Great Falls. Drove back to Great Falls, took alternate route due to weather. Visit 012 DATE PERFORMED TECHNICIAN(S) Jan 14, 2026 Alex Rappuhn, Kristin Robertson ASSET MAKE MODEL NUMBER SERIAL NUMBER Chiller 1 Daikin WWVRNNSASNB STNU190800040 Chiller 2 Daikin WWVRNNSASNB STNU190800048 "4 of 32 " 717 WORK SUMMARY Drove from Townsend to site. Got to site and starting taking chiller cover off. Punched tubes in CH-1. Completed punching tubes in chiller and put cover back on. Filled chiller back up and turned it back on. Valved off water lines on CH-2 will finish draining and punching tubes tomorrow. Drove to Bozeman Set up and began punching tubes on CH1. Began chiller logs. Performed leak check on all three chillers. Noted a significant leak on the EEV threaded fitting. Visit 013 DATE PERFORMED TECHNICIAN(S) Jan 15, 2026 Kristin Robertson, Alex Rappuhn ASSET MAKE MODEL NUMBER SERIAL NUMBER Chiller 1 Daikin WWVRNNSASNB STNU190800040 Chiller 3 Diakin WWVMNNSASNB STNU190800041 Chiller 2 Daikin WWVRNNSASNB STNU190800048 WORK SUMMARY Collected oil samples and completed chiller logs. Contacted Daikin regarding the best way to handle Chiller 3. Still waiting for return call. Assisted with draining and tearing down CH2 for maintenance. Drove to site from Bozeman. Got to site and turned off valves to CH-2. Noticed water was still getting into chiller so pushed on valve handles until valve seated. Took off pipe connected to cover then took off cover. Started punching tubes. Completed punching tubes. Will be back tomorrow to reinstall cover and pipe and turn chiller back on. Drove back to Bozeman. Visit 014 DATE PERFORMED TECHNICIAN(S) Jan 16, 2026 Kristin Robertson, Alex Rappuhn ASSET MAKE MODEL NUMBER SERIAL NUMBER Chiller 3 Diakin WWVMNNSASNB STNU190800041 Chiller 1 Daikin WWVRNNSASNB STNU190800040 Chiller 2 Daikin WWVRNNSASNB STNU190800048 WORK SUMMARY Reassembled CH2. Discussed CH3 with Daikin. Packed up all equipment and cleaned chiller room. Drove to site from Bozeman. Got to site, checked in with security and got access to the chiller room. Put the cover back on CH-2 and reinstalled pipe onto cover. Filled system up and checked for leaks. No leaks present. Packed up and cleaned chiller room, drove to Great Falls Visit 015 DATE PERFORMED TECHNICIAN(S) Jan 15, 2026 Kristin Robertson, Alex Rappuhn ASSET MAKE MODEL NUMBER SERIAL NUMBER WORK SUMMARY - Visit 016 DATE PERFORMED TECHNICIAN(S) Jan 16, 2026 Kristin Robertson, Alex Rappuhn ASSET MAKE MODEL NUMBER SERIAL NUMBER WORK SUMMARY - Visit 017 DATE PERFORMED TECHNICIAN(S) Jan 19, 2026 Kristin Robertson ASSET MAKE MODEL NUMBER SERIAL NUMBER Chiller 1 Daikin WWVRNNSASNB STNU190800040 Chiller 3 Diakin WWVMNNSASNB STNU190800041 Chiller 2 Daikin WWVRNNSASNB STNU190800048 "5 of 32 " 718 WORK SUMMARY Dropped off oil samples to be mailed to Trane. Completed summary of work performed and set up meeting to discuss next steps for CH3. Attended meeting. Hours Worked Visit #Date Technician Labor Type Description Hours 1 Oct 1, 2025 Kristin Robertson Journeyman Overtime 1.5 1 Oct 1, 2025 Kristin Robertson Journeyman Regular Time 8 1 Oct 1, 2025 Logan Hollman Journeyman Regular Time 8 1 Oct 1, 2025 Logan Hollman Journeyman Overtime 1.5 2 Oct 2, 2025 Kristin Robertson Journeyman Regular Time 8 2 Oct 2, 2025 Kristin Robertson Journeyman Overtime 1.5 2 Oct 2, 2025 Logan Hollman Journeyman Regular Time 7 2 Oct 2, 2025 Logan Hollman Journeyman Overtime 1.5 3 Oct 3, 2025 Kristin Robertson Journeyman Regular Time 4 3 Oct 3, 2025 Logan Hollman Journeyman Regular Time 8 4 Oct 13, 2025 Kristin Robertson Journeyman Regular Time 8 4 Oct 13, 2025 Kristin Robertson Journeyman Overtime 1 4 Oct 13, 2025 Logan Hollman Journeyman Regular Time 6 5 Oct 14, 2025 Kristin Robertson Journeyman Regular Time 8 5 Oct 14, 2025 Logan Hollman Journeyman Regular Time 8 6 Oct 15, 2025 Kristin Robertson Journeyman Regular Time 8 6 Oct 15, 2025 Kristin Robertson Journeyman Overtime 1 6 Oct 15, 2025 Logan Hollman Journeyman Overtime 1 6 Oct 15, 2025 Logan Hollman Journeyman Regular Time 8 7 Oct 16, 2025 Kristin Robertson Journeyman Overtime 1 7 Oct 16, 2025 Kristin Robertson Journeyman Regular Time 7 7 Oct 16, 2025 Logan Hollman Journeyman Regular Time 7 7 Oct 16, 2025 Logan Hollman Journeyman Overtime 1 8 Nov 4, 2025 Kristin Robertson Journeyman Regular Time 3 9 Dec 15, 2025 Alex Rappuhn Technician 1 Regular Time 6 9 Dec 15, 2025 Alex Rappuhn Technician 1 Overnight Per Diem 1 9 Dec 15, 2025 Kristin Robertson Journeyman Regular Time 6 10 Dec 18, 2025 Alex Rappuhn Technician 1 Overtime 4.25 10 Dec 18, 2025 Alex Rappuhn Technician 1 Regular Time 4 10 Dec 18, 2025 Logan Hollman Journeyman Overtime 4 10 Dec 18, 2025 Logan Hollman Journeyman Regular Time 4 11 Dec 19, 2025 Alex Rappuhn Technician 1 Regular Time 8 12 Jan 14, 2026 Alex Rappuhn Technician 1 Overnight Per Diem 1 12 Jan 14, 2026 Alex Rappuhn Technician 1 Overtime 2.5 12 Jan 14, 2026 Alex Rappuhn Technician 1 Regular Time 8 12 Jan 14, 2026 Kristin Robertson Journeyman Regular Time 8 12 Jan 14, 2026 Kristin Robertson Journeyman Overtime 1.5 13 Jan 15, 2026 Alex Rappuhn Technician 1 Overnight Per Diem 1 13 Jan 15, 2026 Alex Rappuhn Technician 1 Overtime 1 13 Jan 15, 2026 Alex Rappuhn Technician 1 Regular Time 8 13 Jan 15, 2026 Kristin Robertson Journeyman Regular Time 8 13 Jan 15, 2026 Kristin Robertson Journeyman Overtime 1 "6 of 32 " 719 Visit #Date Technician Labor Type Description Hours 14 Jan 16, 2026 Alex Rappuhn Technician 1 Regular Time 5.5 14 Jan 16, 2026 Alex Rappuhn Technician 1 Overtime 2.25 14 Jan 16, 2026 Kristin Robertson Journeyman Regular Time 6.5 14 Jan 16, 2026 Kristin Robertson Journeyman Overtime 1 17 Jan 19, 2026 Kristin Robertson Journeyman Regular Time 2 211.50 Inventory Visit Date Item name Product Code Description Tax QTY 9 Dec 15, 2025 Mileage Mileage (Port to Port)230.00 12 Jan 14, 2026 Mileage Mileage (Port to Port)156.00 12 Jan 14, 2026 Hotel Charge Hotel Charge for technician overnight stay 1.00 12 Jan 14, 2026 Per Diem- Overnight Per Diem charge for technician overnight stay 1.00 12 Jan 14, 2026 Mileage Mileage (Port to Port)100.00 14 Jan 16, 2026 Hotel Charge Hotel Charge for technician overnight stay 1.00 14 Jan 16, 2026 Mileage Mileage (Port to Port)278.00 14 Jan 16, 2026 Mileage Mileage (Port to Port)100.00 14 Jan 16, 2026 Per Diem- Overnight Per Diem charge for technician overnight stay 1.00 2 Oct 2, 2025 Mileage Mileage (Port to Port)110.00 2 Oct 2, 2025 Mileage Mileage (Port to Port)110.00 4 Oct 13, 2025 Mileage Mileage (Port to Port)220.00 5 Oct 14, 2025 Mileage Mileage (Port to Port)220.00 3 Oct 3, 2025 Mileage Mileage (Port to Port)220.00 7 Oct 16, 2025 Mileage Mileage (Port to Port)220.00 1 Oct 1, 2025 Mileage Mileage (Port to Port)220.00 11 Dec 19, 2025 Hotel Charge Hotel Charge for technician overnight stay 1.00 11 Dec 19, 2025 Per Diem- Overnight Per Diem charge for technician overnight stay 1.00 11 Dec 19, 2025 Mileage Mileage (Port to Port)230.00 10 Dec 18, 2025 Mileage Mileage (Port to Port)120.00 13 Jan 15, 2026 Hotel Charge Hotel Charge for technician overnight stay 1.00 13 Jan 15, 2026 Per Diem- Overnight Per Diem charge for technician overnight stay 1.00 13 Jan 15, 2026 Mileage Mileage (Port to Port)200.00 6 Oct 15, 2025 Mileage Mileage (Port to Port)220.00 2962 Recommendations Name Description Asset Make Model Number Serial Number Refractory On this visit I found the refractory on B-1s heat exchanger has partially broken off. This is not enough to warrant a shut down but it needs to be addressed. B-1 CleaverBrooks CFLC 16010800210081 "7 of 32 " 720 Name Description Asset Make Model Number Serial Number Replace exhaust damper pressure switch Replace failing pressure switch on boiler 6 exhaust damper system.B-6 CleaverBrooks CFLC 16010800210083 Replace leaking DHW recirc heat exchanger The DHW recirc heat exchanger next to the chilled water pumps is leaking significantly and should be replaced. Motor replacement The bearings on the return air fan motor are failing and the motor should be replaced. RAF B2-2 Loren Cook Company 402 SQL 402SQ 1B 371S160486- 00/0003801 Replace pressure gauge PHW- 1B Globetrotter UVH404TTDCD6060BB M C-M2155828- FR21 Replace motor The bearings on the return air motor are failing and the motor should be replaced. RAF B2-2 Loren Cook Company 402 SQL 402SQ 1B 371S160486- 00/0003801 Pump motor replacement There has been bearing noise from this pump for the last year, and it is progressively getting worse. Recommend replacing pump motor. DHW- 3 US Motors FB53 A037709429- 0057M0009 "8 of 32 " 721 Before & After Photos 1 Before Photos IMG_3174.jpg Added by: Logan Hollman Oct 2, 2025 9:12 AM IMG_3175.jpg Added by: Logan Hollman Oct 2, 2025 9:12 AM IMG_3176.jpg Added by: Logan Hollman Oct 2, 2025 9:12 AM IMG_3177.jpg Added by: Logan Hollman Oct 2, 2025 9:12 AM "9 of 32 " 722 IMG_3178.jpg Added by: Logan Hollman Oct 2, 2025 9:12 AM IMG_3179.jpg Added by: Logan Hollman Oct 2, 2025 9:12 AM IMG_3180.jpg Added by: Logan Hollman Oct 2, 2025 9:12 AM "10 of 32 " 723 2 Before Photos IMG_3193.jpg Added by: Logan Hollman Oct 3, 2025 9:32 AM IMG_3194.jpg Added by: Logan Hollman Oct 3, 2025 9:32 AM IMG_3192.jpg Added by: Logan Hollman Oct 3, 2025 9:32 AM IMG_3191.jpg Added by: Logan Hollman Oct 3, 2025 9:32 AM "11 of 32 " 724 IMG_3190.jpg Added by: Logan Hollman Oct 3, 2025 9:32 AM IMG_3189.jpg Added by: Logan Hollman Oct 3, 2025 9:32 AM IMG_3188.jpg Added by: Logan Hollman Oct 3, 2025 9:32 AM IMG_3187.jpg Added by: Logan Hollman Oct 3, 2025 9:32 AM "12 of 32 " 725 IMG_3185.jpg Added by: Logan Hollman Oct 3, 2025 9:32 AM IMG_3184.jpg Added by: Logan Hollman Oct 3, 2025 9:32 AM IMG_3183.jpg Added by: Logan Hollman Oct 3, 2025 9:32 AM "13 of 32 " 726 5 Before Photos IMG_1627.jpg Added by: Kristin Robertson Oct 14, 2025 1:04 PM 6 Before Photos PHW-1B pressure gauge Added by: Kristin Robertson Oct 15, 2025 8:58 AM DHW recirc heat exchanger Added by: Kristin Robertson Oct 15, 2025 10:12 AM "14 of 32 " 727 384 Gallatin Park Dr. Suite 201, Bozeman, MT 59771 (O) 406.585.7333 (F) 406.585.7666 Request for Proposals ( RFP) HVAC Preventative Maintenance Description of Proposed Solutions- Log Sheets S. Conley Support Description of Proposed Solutions-Log Sheets S. Conley Support Sample Log Sheets 728 AHU Log Sheet Site: Date: Model # Serial # Unit Tag# Tech: Inspection Type: Inspection Task: ☐ Check Electrical Connections ☐ Check All Mechanical Connections ☐ Replace Filters ☐ Replace Belt(s) ☐ Check fan assemblys ☐ Grease Bearings (as needed) ☐ Check all damper linkages ☐ Complete Operational Check ☐ Verify operation of heating valve/actuator ☐ Check all VFD’s ☐ Verify operation of cooling valve/actuator ☐ Verify Operation of all Safeties ☐ Verify All UV Lights Working (where applicable) ☐ Verify Operation of all Steam Components Fan Motor Amps Component Nameplate Amps L1 L2 L3 Rotation VFD Speed (HZ) Supply Fan #1 Supply Fan #2 Supply Fan #3 Supply Fan #4 EF/Ret Fan #1 EF/Ret Fan #2 EF/Ret Fan #3 EF/Ret Fan #4 729 Hydronic/Steam Running Stats Component Entering Water/Steam Temp Leaving Water/Steam Temp Entering Water/Steam Pressure Leaving Water/Steam Pressure Supply Air Temp Return Air Temp Outdoor Air Temp Chilled Water Hot Water Steam DX Running Stats Component Suction Press Discharge Press Liquid Press Discharge Temp Super -Heat Sub- Cooling Supply Air Temp Return Air Temp Outdoor Air Temp Circuit 1 Circuit 2 Notes: Discrepancies: 730 Air Cooled Chiller Log Sheet Site: Date: Model # Serial # Unit Tag# Tech: Unit Tag Voltage: Actual Voltage: L1-L2 L1-L3 L2-L3 Inspection Type: Compressor Type: Inspection Task: ☐ Check all electrical connections ☐ Check all mechanical connections ☐ Blow out VFD’s and clean filters ☐ Replace drive coolant(where applicable) ☐ Verify crankcase heaters energized ☐ Complete leak check ☐ Complete operational check ☐ Review system controls/alarm history ☐ Save backup of unit file/program ☐ Clean condenser coils (as needed) ☐ Replace oil filter (where applicable) ☐ Complete oil/reifrigerant analysis ☐ Meg all compressors ☐ Verifiy operation of flow switches ☐ Check oil level on compressors and seperators ☐ Check all condenser fan motors/blades ☐ Check glycol precentage (where applicable) ☐ Check pressure drops/flowrates Evaporator Stats: Setpoint: EWT: LWT: Approach: Pressure In: Pressure Out: Glycol %: 731 Compressor Running Stats Component Comp 1 Comp 2 Comp 3 Comp 4 Comp 5 Comp 6 Comp 7 Comp 8 Suction Pressure Sat Suc Temp Suc Line Temp Super-heat Discharge Press Dis Super-heat Liquid Pressure Sat Liquid Temp Liquid Line Temp Sub-cooling Oil Pressure Oil Filter PD Comp Run Hours Comp Starts Outdoor Temp Compressor Amps/Voltage Component L1amps L2amps L3amps L1-L2 L1-L3 L2-L3 L1- GND L2- GND L3- GND Comp #1 Comp #2 Comp #3 Comp #4 Comp #5 Comp #6 Comp #7 Comp #8 732 Condenser Fan Amps Component Nameplate Amps L1 L2 L3 Rotation VFD Speed (HZ) Cond Fan #1 Cond Fan #2 Cond Fan #3 Cond Fan #4 Cond Fan #5 Cond Fan #6 Cond Fan #7 Cond Fan #8 Cond Fan #10 Cond Fan #11 Cond Fan #12 Cond Fan #13 Cond Fan #14 Cond Fan #15 Cond Fan #16 Cond Fan #17 Cond Fan #18 Cond Fan #19 Cond Fan #20 Cond Fan #21 Cond Fan #22 Cond Fan #23 Cond Fan #24 Notes/Discrepancies: 733 Air Cooled Condenser Log Sheet Site: Date: Model # Serial # Unit Tag# Tech: Unit Tag Voltage: Actual Voltage: L1-L2 L1-L3 L2-L3 Inspection Type: Compressor Type: Inspection Task: ☐ Check all electrical connections ☐ Check all mechanical connections ☐ Blow out VFD’s and clean filters ☐ Verify operation of crankcase heaters ☐ Complete leak check ☐ Complete operational check ☐ Review system controls/alarm history ☐ Clean condenser coils (as needed) ☐ Save backup of unit file/program ☐ Check all condenser fan motors/blades ☐ Check oil level on compressors ☐ Check refrigerant level on receiver Compressor Amps/Voltage Component L1amps L2amps L3amps L1-L2 L1-L3 L2-L3 L1- GND L2- GND L3- GND Comp #1 Comp #2 Comp #3 Comp #4 Comp #5 Comp #6 Comp #7 Comp #8 734 Compressor Running Stats Component Comp 1 Comp 2 Comp 3 Comp 4 Comp 5 Comp 6 Comp 7 Comp 8 Suction Pressure Sat Suc Temp Suc Line Temp Super-heat Discharge Press Dis Super-heat Liquid Pressure Sat Liquid Temp Liquid Line Temp Sub-cooling Comp Run Hours Comp Starts Outdoor Temp Condenser Fan Amps Component Nameplate Amps L1 L2 L3 Rotation VFD Speed (HZ) Cond Fan #1 Cond Fan #2 Cond Fan #3 Cond Fan #4 Cond Fan #5 Cond Fan #6 Cond Fan #7 Cond Fan #8 Cond Fan #10 Cond Fan #11 735 Cond Fan #12 Cond Fan #13 Cond Fan #14 Cond Fan #15 Cond Fan #16 Cond Fan #17 Cond Fan #18 Cond Fan #19 Cond Fan #20 Cond Fan #21 Cond Fan #22 Cond Fan #23 Cond Fan #24 Notes/Discrepancies: 736 Boiler Log Sheet Site: Date: Model # Serial # Unit Tag# Tech: Inspection Type: Inspection Task: ☐ Check Electrical Connections ☐ Check All Mechanical Connections ☐ Check blower fan and dampers ☐ Remove panels and brush tubes ☐ Check all damper linkages ☐ Complete Operational Check ☐ Check all manifold and pilot pressures ☐ Blow out combustion chamber ☐ Check flame signal of pilot and main flame ☐ Verify Operation of all Safeties ☐ Blow out all parts of combustion fan ☐ Check ignitor and flame rod/scanner ☐ Clean and flush all parts of condensate ☐ Check PH of condensate neutralizer ☐ Check boiler cascade and control parameters ☐ Review diagnostic History Combustion Analysis: Component Gas Press W.C. Low Fire High Fire O2% CO PPM CO2% EFF% T-STK O2% CO PPM CO2% EFF% T-STK Burner #1 Burner #2 Burner #3 Burner #4 Burner #5 Burner #6 Burner #7 Burner #8 737 Notes: Discrepancies: 738 DOAS Log Sheet Site: Date: Model # Serial # Manufacturer: Unit Tag# Inspection Type: Tech: Inspection Tasks: ☐ Check All Electrical Connections ☐ Check All Mechanical Connections ☐ Replace/Clean Filters ☐ Check fan assemblys ☐ Check all damper linkages ☐ Complete operational check ☐ Verify heating (where applicable) ☐ Check all VFD’s ☐ Verify cooling (where applicable) ☐ Verify operation of all safeties System type: (Check all that apply) ☐ DX Cooling/Heating ☐ Chilled Water ☐ Gas/Propane Heat ☐ Hydronic Heat ☐ Electric Heat System Amps Component Nameplate Amps L1 L2 L3 Fan Speed/Comp Mode Supply Fan #1 Supply Fan #2 EF/Ret Fan #1 EF/Ret Fan #2 Comp # 1 Comp #2 739 Electric Heat Running Stats Component Nameplate Amps Voltage Temp Amps L1 L2 L3 L1-L2 L1-L3 L2-L3 Rise First Stage Second Stage Thrid Stage Fourth Stage Heating/Hydronic Running Stats Compon ent Entering Water/ Temp Leaving Water/Temp Water Delta T Supply Air Temp Return Air Temp Air Delta T Outdoor Air Temp Chilled Water Hot Water Furnace Running Stats Component Incoming Gas Pressure Manifold Pressure Capacity Supply Air Temp Return Air Temp Temp Rise/Delta T Outdoor Air Temp Furnace #1 Furnace #2 DX Running Stats Component Suction Press Discharge Press Liquid Press Discharge Temp Super -Heat Sub- Cooling Supply Air Temp Return Air Temp Outdoor Air Temp Circuit 1 Circuit 2 Notes: Discrepancies: 740 Electrical Boiler Log Sheet Site: Date: Model # Serial # Unit Tag# Tech: Inspection Type: Inspection Task: ☐ Check Electrical Connections ☐ Check All Mechanical Connections ☐ Check blower fan and dampers ☐ Blow out all cabinets and contactors ☐ Check all fuses ☐ Complete Operational Check ☐ Ohm out all elements ☐ Verify Operation of all Safeties ☐ Check boiler cascade and control parameters ☐ Review diagnostic History Electircal Analysis: Componant Resistance/Ohms Amperage L1-L2 L2-L3 L1-L3 L1-L2 L2-L3 L1-L3 Contactor/Element 1 Contactor/Element 2 Contactor/Element 3 Contactor/Element 4 Contactor/Element 5 Contactor/Element 6 Contactor/Element 7 Contactor/Element 8 Contactor/Element 9 Contactor/Element 10 Contactor/Element 11 Contactor/Element 12 741 Notes: Discrepancies: 742 ERV Log Sheet Site: Date: Model # Serial # Unit Tag# Tech: Inspection Type: Inspection Task: ☐ Check Electrical Connections ☐ Check All Mechanical Connections ☐ Replace Filters ☐ Replace Belt(s) (as needed) ☐ Check fan assemblys ☐ Grease Bearings (as needed) ☐ Check all damper linkages ☐ Complete Operational Check ☐ Verify heating (where applicable) ☐ Check all VFD’s ☐ Verify cooling (where applicable) ☐ Verify Operation of all Safeties Fan Motor Amps Component Nameplate Amps L1 L2 L3 Rotation VFD Speed (HZ) Supply Fan #1 Supply Fan #2 EF/Ret Fan #1 EF/Ret Fan #2 Electric Heat Running Stats Component Nameplate Amps Voltage Temp Amps L1 L2 L3 L1-L2 L1-L3 L2-L3 Rise First Stage Second Stage Thrid Stage Fourth Stage 743 Heating/Hydronic Running Stats Component Entering Water/Steam Temp Leaving Water/Steam Temp Entering Water/Steam Pressure Leaving Water/Steam Pressure Supply Air Temp Return Air Temp Outdoor Air Temp Chilled Water Hot Water Steam DX Running Stats Component Suction Press Discharge Press Liquid Press Discharge Temp Super -Heat Sub- Cooling Supply Air Temp Return Air Temp Outdoor Air Temp Circuit 1 Circuit 2 Notes: Discrepancies: 744 Fan Coil Log Sheet Site: Date: Model # Serial # Unit Tag# Tech: Inspection Type: Inspection Task: ☐ Check Electrical Connections ☐ Check All Mechanical Connections ☐ Replace Filters ☐ Check fan assemblys ☐ Check all damper linkages ☐ Complete Operational Check ☐ Verify operation of heating valve/actuator ☐ Verify operation of cooling valve/actuator Fan Motor Amps Component Nameplate Amps L1 L2 L3 Rotation VFD Speed (HZ) Supply Fan #1 Supply Fan #2 Notes: Discrepancies: 745 Inferred Heater Log Sheet Site: Date: Model # Serial # Unit Tag# Tech: Inspection Type: Inspection Tasks ☐ Check Electrical Connections ☐ Check All Mechanical Connections ☐ Check all parts of combustion fan ☐ Complete Operational Check ☐ Check all manifold pressures ☐ Verify incoming gas pressure correct ☐ Inspect ignitor and flame rod ☐ Verify operation of all Safeties ☐ Clean all parts of combustion fan and tube ☐ Check all unit controls Notes: Discrepancies: 746 Make Up Air Unit Log Sheet Site: Date: Model # Serial # Unit Tag# Tech: Strtup Tasks: ☐ Check All Electrical Connections ☐ Check All Mechanical Connections ☐ Replace/Clean Filters ☐ Check fan assemblys ☐ Check all damper linkages ☐ Complete operational check ☐ Verify heating (where applicable) ☐ Check all VFD’s ☐ Verify cooling (where applicable) ☐ Verify operation of all safeties Unit Voltages: Nameplate: Actual: L1-L2 L1-L3 L2-L3 Control: Fan Motor Amps Component Nameplate Amps L1 L2 L3 Rotation VFD Speed (HZ) Supply Fan #1 Supply Fan #2 EF/Ret Fan #1 EF/Ret Fan #2 Gas Heat Running Stats Comonent Incoming Pressure Manifod Pressure Temp Rise Low Fire High Fire 747 Electric Heat Running Stats Component Nameplate Amps Voltage Temp Amps L1 L2 L3 L1-L2 L1-L3 L2-L3 Rise First Stage Second Stage Thrid Stage Fourth Stage Heating/Hydronic Running Stats Component Entering Water/Steam Temp Leaving Water/Steam Temp Entering Water/Steam Pressure Leaving Water/Steam Pressure Supply Air Temp Return Air Temp Outdoor Air Temp Chilled Water Hot Water Steam DX Running Stats Component Suction Press Discharge Press Liquid Press Discharge Temp Super -Heat Sub- Cooling Supply Air Temp Return Air Temp Outdoor Air Temp Circuit 1 Circuit 2 Notes: Discrepancies: 748 RTU Log Sheet Site: Date: Model # Serial # Unit Tag# Tech: Unit Tag Voltage: Actual Voltage: L1-L2 L1-L3 L2-L3 Inspection Type: Inspection Task: ☐ Check Electrical Connections ☐ Check All Mechanical Connections ☐ Replace Filters ☐ Replace Belt(s) ☐ Verify Crankcase heaters energized ☐ Grease Bearings (as needed) ☐ Check all damper linkages ☐ Complete Operational Check ☐ Complete Cooling Operational Check ☐ Review System Controls/Alarm History ☐ Save backup of unit file/program ☐ Complete Heating Operational Check ☐ Verify Operation of all Safeties ☐ Clean Condenser Coils (as needed) Notes/Discrepancies: Gas Heat Running Stats Component Incoming Gas Pressure Low Fire Manifold Pressure High Fire Manifold Pressure Temp Rise 1st Stage 2nd Stage 3rd Stage 4th Stage 749 Electric Heat Running Stats Component Nameplate Amps L1 Amps L2 Amps L3 Amps Temp Rise 1st Stage 2nd Stage 3rd Stage 4th Stage Hydronic Heat Running Stats Component Type Control Signal Temp Rise Heating Valve 1 Heating Valve 2 Supply and Ret/EF Fan Motor Amps Component Nameplate Amps L1 L2 L3 Rotation VFD Speed (HZ) Supply Fan #1 Supply Fan #2 Supply Fan #3 Supply Fan #4 Supply Fan #5 Supply Fan #6 Supply Fan #7 Supply Fan #8 EF/Ret Fan #1 EF/Ret Fan #2 EF/Ret Fan #3 EF/Ret Fan #4 EF/Ret Fan #5 EF/Ret Fan #6 EF/Ret Fan #7 EF/Ret Fan #8 750 Condenser Fan Amps Component Nameplate Amps L1 L2 L3 Rotation VFD Speed (HZ) Cond Fan #1 Cond Fan #2 Cond Fan #3 Cond Fan #4 Cond Fan #5 Cond Fan #6 Cond Fan #7 Cond Fan #8 Cond Fan #10 Cond Fan #11 Cond Fan #12 Cond Fan #13 Cond Fan #14 Cond Fan #15 Cond Fan #16 Cond Fan #17 Cond Fan #18 Cond Fan #19 Cond Fan #20 Cond Fan #21 Cond Fan #22 Cond Fan #23 Cond Fan #24 751 Compressor Amps/Voltage Component L1amps L2amps L3amps L1-L2 L1-L3 L2-L3 L1- GND L2- GND L3- GND Comp #1 Comp #2 Comp #3 Comp #4 Comp #5 Comp #6 Comp #7 Comp #8 Compressor Running Stats (Cooling) Component Circ # 1 Circ # 2 Circ # 3 Circ # 4 Circ # 5 Circ # 6 Circ # 7 Circ # 8 Suction Pressure Sat Suc Temp Suc Line Temp Super-heat Discharge Press Dis Line Temp Liquid Pressure Sat Liquid Temp Liquid Line Temp Sub-cooling Return Air Temp Supply Air Temp Outdoor Temp 752 Compressor Running Stats (Heating) Component Circ # 1 Circ # 2 Circ # 3 Circ # 4 Circ # 5 Circ # 6 Circ # 7 Circ # 8 Suction Pressure Sat Suc Temp Suc Line Temp Super-heat Discharge Press Dis Line Temp Liquid Pressure Sat Liquid Temp Liquid Line Temp Sub-cooling Return Air Temp Supply Air Temp Outdoor Temp 753 SAF/RAF Log Sheet Site: Date: Model # Serial # Unit Tag# Tech: Inspection Task: ☐ Check Electrical Connections ☐ Check All Mechanical Connections ☐ Check fan assemblys ☐ Grease all bearings as needed ☐ Verify proper alignment ☐ Complete Operational Check Fan Motor Amps Component Nameplate Amps L1 L2 L3 Rotation VFD Speed (HZ) SAF/RAF Fan #1 Notes: Discrepancies: 754 Split System Log Sheet Site: Date: Model # Serial # Unit Tag# Tech: Unit Tag Voltage: Actual Voltage: L1-L2 L1-L3 L2-L3 Inspection Type: Inspection Task: ☐ Check Electrical Connections ☐ Check All Mechanical Connections ☐ Replace Filters ☐ Replace Belt(s) ☐ Verify Crankcase heaters energized ☐ Grease Bearings (as needed) ☐ Check all damper linkages ☐ Complete Operational Check ☐ Complete Cooling Operational Check ☐ Review System Controls/Alarm History ☐ Save backup of unit file/program ☐ Complete Heating Operational Check ☐ Verify Operation of all Safeties ☐ Clean Condenser Coils (as needed) Notes/Discrepancies: Gas Heat Running Stats Component Incoming Gas Pressure Low Fire Manifold Pressure High Fire Manifold Pressure Temp Rise 1st Stage 2nd Stage 3rd Stage 4th Stage 755 Electric Heat Running Stats Component Nameplate Amps L1 Amps L2 Amps L3 Amps Temp Rise 1st Stage 2nd Stage 3rd Stage 4th Stage Hydronic Heat Running Stats Component Type Control Signal Temp Rise Heating Valve 1 Heating Valve 2 Supply and Ret/EF Fan Motor Amps Component Nameplate Amps L1 L2 L3 Rotation VFD Speed (HZ) Supply Fan #1 Supply Fan #2 Condenser Fan Amps Component Nameplate Amps L1 L2 L3 Rotation VFD Speed (HZ) Cond Fan #1 Cond Fan #2 Cond Fan #3 Cond Fan #4 Compressor Amps/Voltage Component L1amps L2amps L3amps L1-L2 L1-L3 L2-L3 L1- GND L2- GND L3- GND Comp #1 Comp #2 Comp #3 Comp #4 756 Compressor Running Stats Heating Cooling Component Circ # 1 Circ # 2 Circ # 3 Circ # 4 Circ # 1 Circ # 2 Circ # 3 Circ # 4 Suction Pressure Sat Suc Temp Suc Line Temp Super-heat Discharge Press Dis Line Temp Liquid Pressure Sat Liquid Temp Liquid Line Temp Sub-cooling Return Air Temp Supply Air Temp Outdoor Temp 757 VFD Log Sheet Site: Date: Model # Serial # Unit Tag# Softwar Version: Inspection Type: Technician: Inspection Task: ☐ Check All Electrical Connections ☐ Check All Mechanical Connections ☐ Check Opertion of cooling fan ☐ Visusaly Inspect for any signs of oil ☐ Blow out all parts of VFD with nitrogen ☐ Check all safeties and interlocks ☐ Check parameters and complete backup ☐ Review diagnostic History Parameter Changes: Notes: Discrepancies: 758 Water Source Heat Pump Log Sheet Site: Date: Model # Serial # Unit Tag# Tech: Inspection Type: Unit Build Date: Refrigerant Type: Unit Voltage : Inspection Task: ☐ Check Electrical Connections ☐ Check All Mechanical Connections ☐ Verify operation of acutators(where applicable) ☐ Verify correct water flows/DP ☐ Check/Replace filters ☐ Complete Operational Check ☐ Check drain pan and condensate pump ☐ Remove strainer and clean Voltage Measurements: L1-L2: L2-L3: L1-L3: T1: System Amps Component L1 L2 L3 Fan Speed/Comp Mode Supply Fan #1 Compressor #1 DX Cooling Running Stats Component Suction Press Discharge Press Supply Water Temp Return Water Temp Super- Heat Sub- Cooling Supply Air Temp Return Air Temp Circuit 1 759 DX Heating Running Stats Component Suction Press Discharge Press Supply Water Temp Return Water Temp Super- Heat Sub- Cooling Supply Air Temp Return Air Temp Circuit 1 Notes: Discrepancies: Recommendations 760 Water to Water Heat Pump/Chiller Log Sheet Site: Date: Model # Serial # Unit Tag# Manufacturer: Unit Tag Voltage: Actual Voltage: L1-L2 L1-L3 L2-L3 Inspection Type: Tech: Inspection Task: ☐ Check all electrical connections ☐ Check all mechanical connections ☐ Blow out VFD’s and clean filters ☐ Verify crankcase heaters energized ☐ Complete leak check ☐ Complete operational check ☐ Review system controls/alarm history ☐ Save backup of unit file/program ☐ Check oil level on compressors ☐ Check glycol precentage ☐ Check pressure drops/flowrates ☐ Verifiy operation of flow switches Evaporator/Source Stats: EWT: LWT: Pressure In: Pressure Out: Glycol %: Condenser/Load Stats: EWT: LWT: Pressure In: Pressure Out: Glycol %: 761 384 Gallatin Park Dr. Suite 201, Bozeman, MT 59771 (O) 406.585.7333 (F) 406.585.7666 Request for Proposals ( RFP) HVAC Preventative Maintenance Present and Projected Workloads Present and Projected Workloads S. Conley Support metrics of current and projected workloads, and available capacity on the scope of work for this proposal. 762 Present and Projected Workload S. Conley Support 2026: Snapshot as of January 26th, 2026 S. Conley Support has developed the following 2026 workload projections based on current CRM data and anticipated service demands. Because our schedule is dynamic, these figures represent our best available forecast as of the date above. Technician Utilization Rate: Over the past five years, our technician utilization rate has consistently ranged between 85% and 90% each month. Including the projected hours for the HVAC Preventative Maintenance Program, we anticipate a technician utilization rate of approximately 86% for 2026. Workforce Expansion Plan: To support continued growth in the Montana market, S. Conley plans to add two additional technicians over the next 6 to 9 months. This growth is in line with our recent trajectory, where we have added 2 technicians each year for the past several years. This expansion will enhance our capacity to fully service the City of Bozeman’s HVAC needs. As of January 26, 2026, S. Conley Support has 4,318 unsold service hours available for 2026. • The City of Bozeman HVAC Preventative Maintenance RFP is projected to require 326 hours. • Due to our historically high service demand—including an average of 20 fully booked days per month—we expect many of the remaining hours to be filled by upcoming service calls and scheduled work. Many of these hours typically involve urgent mechanical HVAC issues reported throughout the year. 763 Max Capacity vs. S. Conley Projected Work As S. Conley Support adds two new technicians in 2026, our maximum service capacity will increase accordingly. With this added capacity, the proportion of projected work—relative to total available hours—naturally trends downward, providing greater flexibility and responsiveness for client needs. 0 400 800 1200 1600 2000 Per Month Max Capacity hr. Available vs Projected Allocated hr before City of Bozman RFP Max Capacity (hrs) per month Projected Hours Allocated Before City of Bozeman PSA 764 Even after onboarding the City of Bozeman’s Preventative Maintenance program, S. Conley Support will continue to maintain adequate capacity to serve existing customers while also accommodating new service requests throughout the year. 0 400 800 1200 1600 2000 Per Month Max Capacity Hrs vs Avaialbe Hrs with Boz. RFP Max Capacity (hrs) per month Projected Hours Allocated Before City of Bozeman PSA Total Hours after Bozeman RFP 765 By December 2026, S. Conley Support’s maximum service hrs. capacity will increase by more than 2,000 hours as a result of adding two new technicians. This expanded capacity provides even greater scheduling flexibility and ensures we can fully support the City of Bozeman’s HVAC service needs while continuing to accommodate our other clients across the region. Max Capacity (hrs) per month0 400 800 1200 1600 JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberMax Capacity vs Projected Total Hours Alloacated 2026 ( Based on 2025 Historical Data) Max Capacity (hrs) per month Total Hours with Boz. RFP 766 384 Gallatin Park Dr. Suite 201, Bozeman, MT 59771 (O) 406.585.7333 (F) 406.585.7666 Request for Proposals ( RFP) HVAC Preventative Maintenance Recent and Current Work S. Conley Support Recent and Current Work for City of Bozeman 767 Montana | Wyoming 406.585.7333 www.SConleySalesInc.com Recent and Current Work for the City of Bozeman: 1. 10-03-2024 Bozeman Public Library- Removed and replaced custom seismic vibration domes on units. 2. 10-22-2024 Bozeman Public Safety Center- MacroAir fan operation and controls troubleshooting. 3. 11-6-2024 Bozeman Public Safety Center- ERV HW Line Leak 4. 02-20-2025 Bozeman Public Safety Center- Troubleshooting Macro Air Fan operation 5. 04-17-2025 Bozeman Public Safety Center- 2025 Annual Planned Service Agreement 6. 9-16-2025 Bozeman Fire Station 1- Firmware upgrade on Macro air celling fan 7. 10-24-2025 Bozeman Facilities Shop- Removed and replaced 16’ diameter ceiling air flow fan. 8. 11-24-2025 Bozeman Fire Station 2- Completed annual maintenance on Electro and Lochinvar Boilers. 9. Bozeman Facilities Shop- Completed -Add and install Qty 2 CET VOC Sensors to East Shop. 768 384 Gallatin Park Dr. Suite 201, Bozeman, MT 59771 (O) 406.585.7333 (F) 406.585.7666 Request for Proposals ( RFP) HVAC Preventative Maintenance References S. Conley Support Customer References 769 Montana | Wyoming 406.585.7333 www.SConleySalesInc.com Professional References The following list of references gives an example of our clientele and who we work with in the industry. The references include the Company/Facility in which we conduct business with, the Representative for whom we deal with, and the scope in which we perform for the customer. All our references the client has agreed to serve as a professional reference for this proposal Reference 1: - Montage at Big Sky- 995 settlement Trail, Big Sky, MT 59716 Moe Modaan Director of Engineering Moe.Modaan@montage.com (406)993-3836 S. Conley Support has been providing preventative maintenance for Montage since 2022 which includes Annuals, biannuals, and quarterlies on all of their base building HVAC equipment. This includes Chillers, Boilers, AHU’s, Pumps, Cooling Towers, ERV’s, DOAS, and VFD’s. Reference 2: - Ravalli Electric – 143 Bell Xing W,, Victor, MT, 59875 Josh Blair Purchasing and Fleet Manager jblair@ravallielectric.com (406)369-3076 S. Conley Support has been providing preventative maintenance for Ravalli Electical Co-Op since 2022 which includes Annuals, biannuals and quarterlies on all of their HVAC equipment. This includes LG VRF, Water Furnace Water to Water Chillers, pumps, VFD’s, Electric Boilers, and dry coolers. Reference 3: - Citizens Alliance Bank—409 3rd St NW Great Falls, MT, 59404 Gordy Woltjer Facilities and Grounds Manager gwoltjer@citizensalliancebank.com (320)847-3702 S. Conley Support has been providing preventative maintenance for Citizens Alliance Bank since 2022 which includes Annuals, biannuals and quarterlies on all of their HVAC equipment. This includes WSHP’s, Water Furnace Water to Water Chillers, pumps, VFD’s, Lochinvar boilers, Valent DOAS and dry coolers. 770 Montana | Wyoming 406.585.7333 www.SConleySalesInc.com Reference 4: - Elkhorn Commissioning Group--80789 Gallatin Rd, Bozeman, MT, 59718 Kevin Smith Professional Engineer kevin@elkhorncx.com (406)403-6526 S. Conley Support has worked with Kevin and the Elkhorn Commissioning team on numerous projects to execute a complete startup for the customer. This has been on every type of application and equipment within the HVAC industry. Some major projects of note are Bozeman Airport, Missoula Airport, Several MSU projects, Benefis HP, and Logan Health, to name a few. S. Conley Support holds Kevin and his team in high regard and thankful for their expertise and direction within the industry. . 771 384 Gallatin Park Dr. Suite 201, Bozeman, MT 59771 (O) 406.585.7333 (F) 406.585.7666 Request for Proposals ( RFP) HVAC Preventative Maintenance Price Proposal S. Conley Support Price Proposal Signed Price Proposal Form (Appendix C) with yearly amounts per building 772 S. Conley Support 1-29-2026 $161.00 $161.00 $241.50 OT/ $322.00 Double Time / Holiday $402.50 30% $644.00 $12,558.00 773 $3864.00 $5152.00 $2576.00 $2576.00 774 $5152.00 $1288.00 $4508.00 $3864.00 775 $3864.00 $644.00 $2576.00 $3220.00 776 384 Gallatin Park Dr. Suite 201, Bozeman, MT 59771 (O) 406.585.7333 (F) 406.585.7666 Request for Proposals ( RFP) HVAC Preventative Maintenance Affirmation of Nondiscrimination Affirmation of Nondiscrimination ( Appendix A) Signed by S. Conley Support 777 778 Memorandum REPORT TO:City Commission FROM:Nick Pericich - Water and Sewer Operations Superintendent Shawn Kohtz - Utility Director SUBJECT:Authorize City Manager to Sign First Amendment to Professional Services Agreement with Summit Utilities LLC for Underground Utility Locating Services MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the agreement STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman has an agreement with Summit Utilities LLC to locate underground utilities for water, sanitary sewer, storm sewer, street lighting, signal lighting and well power lines. Locating underground utilities is a necessity as it is required under state law and it helps to protect valuable infrastructure. This amendment would extend the agreement for another year with a price increase of six percent. The current agreement has held the same prices for utility locates for the past three years. UNRESOLVED ISSUES:None ALTERNATIVES:Do this work with City staff which would require additional staff Solicit a new contractor through the RFP process FISCAL EFFECTS:This will amount to an approximate increase of $25,000 between all of the utilities based on current utility locate request trends. Attachments: 26 - Amendment 1 - PSA Summit Utility - Underground Utility Locating Services.docx Report compiled on: March 6, 2026 779 First Amendment to Professional Services Agreement for Underground Utility Locating Services FY 2023 – FY 2026 Page 1 of 3 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Underground Utility Locating Services dated April 9th 2023 (the “Agreement”) is made and entered into this 24th day of March 2026, 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 Summit Utilities LLC, with a mailing address of PO Box 10, Arlee, MT 59821, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extension of Term. Section 30 of the Agreement is extended for an additional one (1) year period. The Agreement shall terminate on April 9th 2027. 2. Payment. Costs per locate per utility will increase as shown in Exhibit A replacing the costs per locate per utility in the original proposal in Section G on page 26 of the original agreement. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain in effect. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 780 First Amendment to Professional Services Agreement for Underground Utility Locating Services FY 2023 – FY 2026 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA [SUMMIT UTILITIES LLC] By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 781 First Amendment to Professional Services Agreement for Underground Utility Locating Services FY 2023 – FY 2026 Page 3 of 3 Exhibit A Existing Proposed Hourly $80.00 $84.80 Luminaires $13.62 $14.44 RRFB $13.62 $14.44 Sanitary Sewer $17.50 $18.55 Storm Sewer $15.00 $15.90 Water $17.50 $18.55 Wells $16.50 $17.49 782 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize City Manager to sign the First Amendment with TD & H Engineering for the College Street, 8th to 11th Improvements Project MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign the First Amendment with TD&H Engineering for the College Street, 8th to 11th Improvements Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of the First Amendment with TD&H Engineering for the College Street – 8th to 11th Improvements Project. The document is in the City’s standard format. The original professional services agreement for the project was only for the preliminary design services. That included surveying, geotechnical investigation, traffic impact analysis, preliminary roadway design, preliminary utility and landscape design, and community engagement. Those tasks are now complete. This amendment is to add the final design phase and bidding services for the project. The goal is to complete the design and bid the project this spring so that the construction can be completed while MSU is out for summer break. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:$133,486.47 from the Arterial and Collector District Fund, Project Number SIF157. The project is included in the 2025 Biennium Budget at $3,007,500. Attachments: College Street First Amendment to the PSA.pdf Report compiled on: March 12, 2026 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Project Engineer Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to sign Amendment 4 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC, for Phase I Rehabilitation Improvements to the City's Sourdough Water Storage Tank MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Amendment 4 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC, for Phase I Rehabilitation Improvements to the City's Sourdough Water Storage Tank. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City is nearing completion the Phase I Rehabilitation Improvements for the existing Sourdough water tank located at the intersection of Sourdough Road and Goldenstein Lane. The Sourdough tank provides 4 million gallons of treated water storage and was originally constructed in 1955. The project includes replacement of the internal access ladder in the tank, overflow piping, drain line valve, and detailed condition assessment of the tank interior. The City procured the firm of Advanced Engineering and Environmental Services (AE2S) to provide engineering services for the project. The scope of service of the professional services agreement (PSA) with AE2S includes design, bidding, and construction oversight. Amendment No. 4 modifies the professional service agreement to formally relieve AE2S of completing design scope items removed from the final design at the staff’s direction and increases the allowable effort for construction oversight services. The increase is necessary to support construction coordination for unanticipated repairs to the pipeline from the tank. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission 798 FISCAL EFFECTS:Amendment No. 4 reduces the design fee and proportionally increases the construction oversight fee, resulting in a net zero cost change to the project. Attachments: PSA Amendment 4_Sourdough Tank Ph 1 Rehab_AE2S.pdf Report compiled on: March 5, 2026 799 Fourth Amendment to Professional Services Agreement for SOURDOUGH TANK REHABILITATION PROJECT FY 2024 – FY 2026 Page 1 of 3 FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SOURDOUGH TANK REHABILITATION PROJECT dated November 21, 2023 (the “Agreement”) is made and entered into this _____ day of ____________, 2026, 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 ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC, hereinafter referred to as “Engineer.” 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. MODIFICATIONS TO SERVICES AND DESIGN PHASE DELIVERABLES. Engineer is hereby relieved of responsibility to complete deliverables outstanding from those deliverables identified in Amendment 2 for Phase 040 and Phase 041, respectively. Engineer shall transfer the remaining budgets from Phase 040 and 041, originally reserved to complete the outstanding deliverables, to Phase 060 to cover costs of services completed during Construction that exceeded the estimated fees and assumed quantities of typical construction phase deliverables. 2. MODIFICATIONS TO ARTICLE 6 – COMPENSATION FOR ENGINEERING SERVICE: 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under section 4.1 through 4.3 of this Agreement – and for the Additional Services identified as Study and Report Phase Services in Amendment 3 – pay a total sum in the amount of $195,085.38 for such services. 800 Fourth Amendment to Professional Services Agreement for SOURDOUGH TANK REHABILITATION PROJECT FY 2024 – FY 2026 Page 2 of 3 6.2.1 The OWNER shall pay for the Bidding Phase Services, Construction Phase Services, and Post Construction Phase Services performed as Basic Engineering Services under sections 4.4 through 4.6 – where the Construction Phase Services (section 4.5) and Post Construction Phase Services (section 4.6) were originally reserved, then being incorporated into the Agreement through Amendment 3 – an amount not to exceed $95,974.74 except as provided under 6.2.1.2. and 6.2.4. 3. SUMMARY OF THE SPECIFIC DISTRIBUTION OF FEES: Upon the effective date of this Amendment, the revised distribution of Engineer’s fees shall be as follows: 4. Agreement still valid. All remaining terms and provisions of the Agreement remain in effect. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 801 Fourth Amendment to Professional Services Agreement for SOURDOUGH TANK REHABILITATION PROJECT FY 2024 – FY 2026 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC By________________________________ By_____________________________ Chuck Winn, City Manager David Tuan Operations Manager APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 802 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Erin George, Community Development Director Greg Sullivan, City Attorney SUBJECT:A Resolution Approving Initiation of Amendments to Chapter 38, Unified Development Code for Wireless Facilities, Historic Preservation and Design Guidelines, and Landmark Program MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approval of resolution STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The Montana Land Use Planning Act (MLUPA), Title 76 Chapter 25, Montana Code Annotated (MCA) is the enabling legislation adopted by the Legislature that authorizes the City of Bozeman to adopt land use regulations. Sections 76-25-304 and 76-25-401 MCA authorize the governing body of Bozeman to adopt regulations for zoning and subdivision review processes and standards. The City Commission of Bozeman approved final adoption of new land use regulations, Ordinance 2025-12/2151, to implement MLUPA on December 16, 2025 with an effective date of February 1, 2026. Section 76- 25-304, MCA limits the parties who may initiate a zoning amendment and amendments initiated by the City must be initiated by a majority vote of the governing body. Several code amendments were under development prior to the adoption of Ordinance 2025-12/2151 and local implementation of MLUPA. It is advisable to establish a formal City Commission action to authorize those amendments to continue to proceed so there are no future procedural questions on this work. All items have been prior Commission actions to approve contracts for consultants to support the three projects listed in the Resolution. This is expected to be a one time action as part of MLUPA initial implementation. Going forward for future amendments this Commission action can be coordinated along with adoption of a contract if there is a consultant or as 803 part of the engagement plan for staff prepared amendments. UNRESOLVED ISSUES:None. ALTERNATIVES:1) Adopt the resolution. 2) Do not adopt the resolution. FISCAL EFFECTS:Funds for the listed projects have all previously been budgeted. Attachments: Commission Authorization for Code Amendments March 2026.docx Report compiled on: March 3, 2026 804 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO UNDERTAKE CODE REVISIONS TO CHAPTER 38, UNIFIED DEVELOPMENT CODE, BOZEMAN MUNICIPAL CODE IN ACCORDANCE WITH 76-25-304, MONTANA CODE ANNOTATED WHEREAS, The Montana Land Use Planning Act (MLUPA), Title 76 Chapter 25, Montana Code Annotated (MCA) is the enabling legislation adopted by the Legislature that authorizes the City of Bozeman to adopt land use regulations, and WHEREAS, Sections 76-25-304 and 76-25-401 authorize the governing body of Bozeman to adopt regulations for zoning and subdivision review processes and standards; and WHEREAS, The City Commission of Bozeman approved final adoption of new land use regulations, Ordinance 2025-12/2151, to implement MLUPA on December 16, 2025 with an effective date of February 1, 2026; and WHEREAS, Section 76-25-304, MCA limits the parties who may initiate a zoning amendment and amendments initiated by the City must be initiated by a majority vote of the governing body; and WHEREAS, Several code amendments were under development prior to the adoption of Ordinance 2025-12/2151 and local implementation of MLUPA, therefore it is necessary to establish a formal City Commission action to authorize those amendments to continue to proceed to be consistent with the requirements of 76-25-304; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: The City Manager is requested to work with appropriate staff to bring forward amendments to Chapter 38, Unified Development Code, and any other necessary elements of the municipal code to address: 805 1) Local Landmark Program, file 22338; 2) Historic Preservation and Design Guidelines, file 25321; and 3) Update to Wireless Facility Standards for Compliance with Federal Law, file 26074. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of March, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 806 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Director of Community Development SUBJECT:Resolution Adoption of the L Street Annexation, Annexing 17.92 acres, Application 25360 MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution. 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 Commission (5:0) approved Application 25360 on December 17, 2025, to annex 17.92 acres and voted (4:1), Commissioner Madgic dissenting, to establish an initial zoning designation of R-3, Residential Medium-Density District, subject to terms of annexation and contingencies for zoning. Final documents and easements have been received. A signed annexation agreement was received on February 24, 2026. The property is addressed at 1215 L Street and generally located west of the intersection of L Street and Story Mill Road. The property consists of three parcels. The properties are largely vacant and undeveloped apart from some minor agricultural buildings and an existing well. The east Gallatin River bisects the property with adjacent potential wetlands as shown on the annexation map. A full wetland delineation will be required with any future site development. It also abuts the Pole Yard Urban Renewal District on the southern edge. The Subject Property is located within the Idaho Pole Co. Superfund Site boundary and the associated Controlled Groundwater Area (CGA). Any future development of the property will require the installation of municipal utilities provided by the City to support residential use. The CGA requires that any excavation or disturbance of the soil be approved by the Environmental Protection Agency (EPA) and the Montana Department of Environmental Quality (MDEQ). The applicant acknowledges this requirement and will obtain the necessary approval prior to development. 807 The Subject Property lies outside of both the Treated Soils Area (TSA) and the Residential Restricted Area. The proposed annexation would bring in additional rights to build out sections of L Street and Story Mill Road upon future development along with additional internal local street network. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 25360 L Street Annex Resolution.pdf 001 - EXHIBIT G - ANNEXATION MAP.pdf 25360 L Street Annexation Agreement - Signed.pdf Report compiled on: February 26, 2026 808 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS THE L STREET ANNEXATION, APPLICATION 25360. WHEREAS, the City of Bozeman received a petition for annexation from the property owner, Hal Stanley, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 17.92 acres, described herein; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on December 16, 2025; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on December 16, 2025; and WHEREAS, the City received no written protest from real property owners of the area to be annexed; and WHEREAS, on March 10, 2026, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, rights- of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this 809 contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 17.92 acres, to wit: Legal Description PARCEL I: All that portion of the Southwest Quarter of the Northwest Quarter (SW¼NW¼) of Section Five (5), in Township Two (2) South, Range Six (6) East, Montana Principal Meridian, lying Northwest on the center line of the County Road known as “L” Street and Southwest of the right of way of the Gallatin Valley Railroad Company and more particularly described as follows: Beginning at the Northwest Corner of the Southwest One-quarter of the Northwest One- quarter of said Section Five (5), thence North 88°53′44″ East on and along the Northline of the Southwest One-quarter of the Northwest One-quarter (SW¼NW¼) a distance of 457.03 to the Southwesterly right of way of the Gallatin Valley Railroad. Thence South 21°17′24″ East on and along said right of way, a distance of 414.70 feet, to the centerline of the County Road known as “L” Street. Thence South 43°45′36″ West on and along the centerline of the County Road, known as “L” Street, a distance of 869.07 feet to the West line of said Northwest One-quarter (NW¼). Thence North 00°22′00″ West on and along said West line, a distance of 1005.23 feet to the point of beginning. According to Plat recorded in Film 9, page 847. Said Parcel I also described in various documents of record as follows: All that portion of the Southwest Quarter of the Northwest Quarter (SW¼NW¼) of Section Five (5), in Township Two (2) South of Range Six (6) East of Montana Meridian, lying 810 Northwest of the centerline of the County Road, and Southwest of the right of way of the Gallatin Valley Railroad Company and more fully described as follows, to-wit: Beginning at the Northwest corner of said Southwest Quarter of Northwest Quarter (SW¼NW¼) of said Section 5; thence South along the West line of said Section 1006.2 feet, more or less, to the center of the County Road; thence North 44° East 868.2 feet, more or less, to the Westerly line of the right of way of the Gallatin Valley Railroad Company, said line being 50 feet from the center of said right of way; thence North 20°31′ West along said right of way 414.7 feet, more or less, to the North line of said Southwest Quarter of the Northwest Quarter, thence West along said North line 457.3 feet, more or less, to the place of beginning. As previously described in Warranty Deed recorded in Film 9, page 845. PARCEL II: That portion of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right of way located in Section 5, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, which is adjacent to that parcel described in "Exhibit A" attached hereto, and which is located between the Southeast boundary line (extended) and the North boundary line (extended) of said parcel as described in Exhibit "A". Said right of way being as shown on that certain right of way and track map filed September 25, 1985 at 11:57 A.M. under Permanent File No. 770-C in the office of the Clerk and Recorder for Gallatin County, Montana. “EXHIBIT A” All that portion of the Southwest Quarter of the Northwest Quarter (SW¼NW¼) of Section Five (5), in Township Two (2) South of Range Six (6) East of Montana Meridian lying Northwest of the centerline of the County road and Southwest of the right of way of the Gallatin Valley Railroad Company and more fully described as follows, to-wit: Beginning at the Northwest corner of said Southwest Quarter of Northwest Quarter (SW¼NW¼) of said Section 5; thence South along the West line of said Section 1006.2 feet, more or less, to the centerline County road; thence North 44 1/2° East 868.2 feet, more or less, to Westerly line right-of-way Gallatin Valley Railroad Company, said line being 50 feet from center right of way; thence North 20°31' West along said right-of-way 414.7 feet, more or less, to North line said Southwest Quarter Northwest Quarter; thence West along said North line 457.3 feet, more or less, place beginning. All Parcel II previously described Quit Claim Deed recorded Film 90, page 1210. 811 PARCEL V: A tract of land in the NW¼ of Section 5, and the NE¼ of Section 6, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, and particularly described as follows: Beginning at the E¼ corner of Section 6, thence South 88°54'59" West along the South line of the NE¼ of Section 6, a distance of 329.58 feet to a point on the centerline of a County Road; thence North 44°23'01" East, on and along said centerline, a distance of 1,142.18 feet; thence South 3°45'18" East, a distance of 801.90 feet to a point on the South line of the NW¼ of Section 5; thence South 88°54'59" West, on and along said South line, a distance of 522.00 feet to the true point of beginning according to Survey recorded in Film 20 page 376. Containing 17.92 acres, more or less, and is subject to all easements of record or apparent from a visual inspection of the property. All as depicted on the L STREET ANNEXATION Map. Section 2 This Resolution is effective upon recording with the Gallatin County Clerk and Recorder. 812 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10th day of March 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 813 0 100 SCALE: 1" = 100' 20050100 PRELIMINARY - FOR REVIEWFILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONFOR THREE PARCELS ON L ST AND STORY MILL RDANNEXATION MAPIDAHO POLE COMPANY ANNEXATION & ZMAANNEXATION AND INITIAL ZONE MAP AMENDMENTBOZEMAN, MTG CH24107_IPC_ANNEXATION_ZMA_RESCALED.DWGTJH06/20/25SUBMITTAL TO CITY10/03/25-----SUBMITTAL TO CITY-------24107ANNEXATION MAP LEGEND: SIZE: PARCEL I: 9.00 ACRES PARCEL II: 0.96 ACRES PARCEL V: 7.96 ACRES SUBJECT PROPERTY ZONE: EX. COUNTY ZONING: A-S PRO. CITY ZONING: R-3 L STREET ANNEXATION MAP PROPERTY NOTES: THE EXISTING STRUCTURE LABELED ON THE SITE IS LEGALLY DESCRIBED AS: "RRG3 - GARAGE, FRAME, DETACHED, UNFINISHED." THE EAST GALLATIN RIVER IS THE URBAN WATERWAY THAT FLOWS THROUGH THE SUBJECT PROPERTY. THERE IS VEGETATION DISPERSED ALONG THE LENGTH OF THE RIVER. THE BANKS ARE STEEP AND SHORT. ZONE DEFINITIONS: CITY: R-3: RESIDENTIAL MEDIUM DENSITY R-4: RESIDENTIAL HIGH DENSITY R-MH: RESIDENTIAL MANUFACTURED HOME COMMUNITY B-1: NEIGHBORHOOD BUSINESS COUNTY: A-S: AGRICULTURE SUBURBAN R-S: RESIDENTIAL SUBURBAN LEGAL DESCRIPTION: SEE EXHIBIT F PARCEL I: S05, T02 S, R06 E, ACRES 9, SW4NW4 W OF RD & E OF RIVER PARCEL II: S05, T02 S, R06 E, ACRES 0.96, ABANDONED MENARD LINE LYING SW4NW4 PARCEL V: S05, T02 S, R06 E, ACRES 7.96, TRACT J IN SW4NW4 SEC 5 & SE COR SE4NE4 SEC 6 20FM376PLAT 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Resolution 2026-14 Approving Certain Infrastructure Improvements, Referred to as the Main and Mendenhall Lighting Project, as an Urban Renewal Project with Respect to the Bozeman Midtown Urban Renewal District, Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues to Reimburse Costs Thereof and Approving a Related Development Agreement in the Midtown Urban Renewal District with Bozeman Exchange Associates, LLC MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve the agreement. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Note: The City Commission previously considered and approved a version of this resolution on February 10, 2026. Due to an administrative error in the attached agreement, the resolution and agreement were not executed. This item maintains the same resolution and resolution number with a revised development agreement. The revisions primarily relate to the total number of payments under the agreement, but not the overall reimbursement amount. The City Commission approved work plans for the Downtown Urban Renewal District and Midtown Urban Renewal Districts to design pedestrian scale street lighting to connect the two districts along the north side of Main St. The work has been broken into three segments. The city completed the first section adjacent to the Freestone on Main building in summer 2025. Staff plan to bid a section in the Downtown Urban Renewal District from N. 5th Ave. to Grand Ave. later this spring. A final piece of the project is being constructed on Main St., N. 5th Ave. and Mendenhall St. largely adjacent to the Hampton Inn and Suites hotel project. Due to the replacement of sidewalks and streetscape elements associated with the hotel project, it is efficient to place the developer of the hotel project in charge of the upgraded pedestrian lighting elements adjacent to their active construction project for the convenience of the city. The proposed development agreement reimburses the developer for installing lighting designed by the 846 city. The agreement also provides up to $25,000 towards the demolition of the long-vacant and dilapidated Cafe Internationale building at the corner of 7th and Mendenhall. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The agreement allows the City to reimburse the developer for the actual costs of the project not to exceed $387,817.38. Funding is available for this project in the Fiscal Year 2026 budget for the Midtown Urban Renewal District. Attachments: BZN Development Agreement -- Midtown lighting Final.pdf Resolution 2026- 14_approving_Main_and_Mendenhall_lighting_project 20260324.docx Report compiled on: January 29, 2026 847 DEVELOPMENT AGREEMENT (Main and Mendenhall Lighting Project) This DEVELOPMENT AGREEMENT (this “Agreement”) is dated as of March 24, 2026, by and between Bozeman Exchange Associates, LLC (the “Developer”) and the CITY OF BOZEMAN, MONTANA, 121 N. Rouse Ave., Bozeman, Montana 59771 (the “City”). The Developer and the City are each individually referred to herein as a “Party” and collectively as the “Parties.” RECITALS: WHEREAS, under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended (the “Act”), the City is authorized to create urban renewal areas, prepare and adopt an urban renewal plan therefor and amendments thereto, undertake urban renewal projects therein, provide for the segregation and collection of tax increment with respect to property taxes collected in such areas, and apply tax increment revenues derived from projects undertaken within the urban renewal area to pay eligible costs; WHEREAS, pursuant to the Act and Ordinance No. 1685 adopted by the City Commission of the City (the “City Commission”) on November 27, 2006, as amended and supplemented by Ordinance No. 1925, adopted by the City Commission on December 16, 2015 (as so amended and supplemented, the “Ordinance”), the City has created the Bozeman Midtown Urban Renewal District (the “District”) as an urban renewal district and has approved the Bozeman Midtown Urban Renewal Plan (the “Plan”) as an urban renewal plan in accordance with the Act, which Plan provides for the segregation and collection of tax increment revenues with respect to the District; WHEREAS, the Developer proposes to undertake the construction of a Hampton Inn and Suites hotel with approximately 124 rooms, together with related improvements (collectively, the “Development”), on land located in the District bordered by 5th and 6th Streets and Main and Mendenhall Streets, Bozeman, Montana, which is legally described on Exhibit A hereto (the “Land”); WHEREAS, the Developer desires to construct improvements to the City’s municipal streetlighting system that will benefit the Development as well as future development in the District, including the installation of continuous pedestrian scale lighting, as described on Exhibit B hereto (the “Lighting Project”), which Lighting Project is located in the District; and WHEREAS, pursuant to Resolution No. 2026-14 adopted on March 24, 2026, the City Commission approved the Development and the Project (as hereinafter defined) as urban renewal projects under the Plan and the Act and authorized the use of tax increment revenue of the District to reimburse the Developer for a total amount not to exceed $397,817.38. The City intends to reimburse the Developer for the costs of the Lighting Project in the maximum amount of $372,817.38 and to reimburse the Developer for up to $25,000 in costs of demolishing the vacant Café Internationale building located on the Land at 622 W. Mendenhall (the “Demolition” and, together with the Lighting Project, the “Project”), subject to the terms and conditions of this Agreement; and 848 2 WHEREAS, the Parties desire to enter into this Agreement which sets forth the obligations and commitments of the Parties with respect to the Development and the Project. NOW, THEREFORE, the City and the Developer, pursuant to the Act, each in consideration of the representations, covenants and agreements of the other, as set forth herein, mutually represent, covenant and agree as follows: Section 1. Definitions; Rules of Interpretation; Exhibits. 1.1. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context clearly requires otherwise, the following terms have the meanings assigned to them, respectively: “Act” means Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended or supplemented. “Agreement” means this Development Agreement, dated as of March 24, 2026, by and between the City and the Developer, as it may be amended or supplemented from time to time in accordance with the terms hereof. “Bonds” has the meaning given to it in Section 2.1 hereof. “City” means the City of Bozeman, Montana, or any successors to its functions under this Agreement. “City Commission” means the governing body of the City. “Demolition” has the meaning given to it in the recitals. “Developer” means Bozeman Exchange Associates, LLC, a South Carolina limited liability company, and its successors and assigns in accordance with and as permitted under this Agreement. “Developer Certificate” means the certificate attached hereto as Exhibit E. “Development” has the meaning given to it in the recitals. “District” has the meaning given to it in the recitals. “DOR” means the State of Montana Department of Revenue. “Environmental Laws and Regulations” means and includes the Federal Comprehensive Environmental Compensation Response and Liability Act (“CERCLA” or the “Federal Superfund Act”) as amended by the Superfund Amendments and Reauthorization Act of 1986 (“SARA”), 42 U.S.C. §§ 9601 et seq.; the Federal Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. §§ 6901 et seq.; the Clean Water Act, 33 U.S.C. § 1321 et seq.; and the Clean Air Act, 42 U.S.C. §§ 7401 et seq., all as the same may be from time to time amended, and any other federal, state, county, municipal, local or other statute, code, law, ordinance, 849 3 regulation, requirement or rule which may relate to or deal with human health or the environment including without limitation all land use, zoning, and stormwater control regulations as well as all regulations promulgated by a regulatory body pursuant to any statute, code, law, ordinance, regulation, requirement or rule. “Fiscal Year” means the period commencing on the first day of July of any year and ending on the last day of June of the next calendar year, or any other twelve-month period authorized by law and specified by the Commission as the City’s fiscal year. “Indemnified Parties” has the meaning given to it in Section 7.1. “Land” has the meaning given to it in the recitals. “Land Use Regulations” means all federal, state and local laws, rules, regulations, ordinances and plans relating to or governing the development or use of the Land or the Development. “Lighting Project” has the meaning given to it in the recitals. “Milestone” of “Milestones” has the meaning given in Section 3.4 hereof. “Milestone Date” or “Milestone Dates” has the meaning given in Section 3.4 hereof. “Ordinance” has the meaning given to it in the recitals. “Person” means any individual, corporation, limited liability company, partnership, limited liability partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof. “Project” has the meaning given to it in the recitals hereof. “State” means the State of Montana. “Tax Increment” means the amount received by the City pursuant to the Act from the extension of levies of Taxes (expressed in mills) against the incremental taxable value (as defined in the Act) of all Taxable Property located in the District, and shall include all payments in lieu of Taxes attributable to the incremental taxable value and all payments received by the City designated as replacement revenues for lost Tax Increment. “Taxable Property” means all real and personal property subject to Taxes, including land, improvements and equipment. “Taxes” means all taxes levied on an ad valorem basis by any Taxing Body against the Taxable Property (exclusive of the six mill levy for university purposes levied by the State or other mills that may be excluded by State law), and shall include all payments in lieu of taxes received by the City with respect to Taxable Property. 850 4 “Taxing Body” means the City; the County of Gallatin, Montana; High School District No. 7 (Bozeman), Gallatin County, Montana; Elementary School District No. 7 (Bozeman), Gallatin County, Montana; the State; and any other political subdivision or governmental unit that levies or may hereafter levy or cause to be levied Taxes against property within the District. “Unavoidable Delay” means a delay resulting from a cause over which the Party required to perform does not have control and which cannot or could not have been avoided by the exercise of reasonable care, including but not limited to, acts of God, accidents, war, civil unrest, embargoes, strikes, unavailability of raw materials or manufactured goods, litigation, pandemics, epidemics, labor shortages, unusually inclement weather and the delays of the other Party or its contractors, agents or employees in the performance of their duties under or incident to this Agreement. 1.2. Rules of Interpretation. (a) The words “herein,” “hereof” and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than to any of its particular sections or subdivisions. (b) References to any particular section or subdivision hereof are to the section or subdivision of this Agreement in its original signed form, unless otherwise indicated. (c) The word “or” is not exclusive but is intended to contemplate or encompass one, more or all of the alternatives conjoined. 1.3. Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: Exhibit A: Legal Description of the Land Exhibit B: Description of the Lighting Project Exhibit C: Form of Utility Easement Exhibit D: Milestones Exhibit E-1: Form of Developer Certificate for Initial Installment Exhibit E-2: Form of Developer Certificate for Second Installment Exhibit E-3: Form of Developer Certificate for Final Installment Exhibit F: Nondiscrimination and Equal Pay Affirmation Section 2. Representations. 2.1. City Representations. The City hereby represents as follows: 851 5 (a) Pursuant to the Act, and after public hearings duly called and held, the City by the Ordinance has duly created the District. (b) Pursuant to Resolution No. 2026-14 of the City Commission, the City approved the execution and delivery of this Agreement and the use of Tax Increment, if available, to reimburse the Developer for costs of the Project in a total amount not to exceed $397,817.38. Subject to the terms and conditions of this Agreement, the City intends to reimburse the Developer for the Project in an amount not to exceed $397,817.38. (c) The City has issued and there are outstanding its Tax Increment Urban Renewal Revenue Bonds (Bozeman Midtown Urban Renewal District), Series 2020 (the “Bonds”), payable from and secured by a first lien on Tax Increment. The commitment of Tax Increment pursuant to this Agreement is subordinate in all respects to the pledge of Tax Increment to repayment of the Bonds. 2.2. Developer Representations. The Developer hereby represents as follows: (a) The Developer is a limited liability company, duly formed, validly existing and in good standing under the laws of the State of South Carolina and is duly qualified to do business in the State of Montana. The Developer has the power to enter into this Agreement and by all necessary limited liability company action has duly authorized the execution and delivery of this Agreement. (b) The Developer has or will have good marketable title to the Land, free and clear of all liens, encumbrances and defects except such as do not materially affect the value of the Land or materially interfere with the use made and proposed to be made of the Land by the Developer. (c) The Developer has the financial capability or commitments to complete the Development and the Project. (d) The Developer is not aware of any facts the existence of which would cause the Developer to be in violation in any material respect of any Environmental Laws and Regulations applicable to the Development or the Project. The Developer has not received from any local, state or federal official any notice or communication indicating that the activities of the Developer have been, may be or will be in violation of any Environmental Laws and Regulations applicable to the Development or the Project. (e) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions hereof is prohibited or limited by, conflicts with or results in a breach of the terms, conditions or provisions of the certificate of formation, partnership agreement or operating agreement of the Developer or any evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. 852 6 (f) There is no action, suit, investigation or proceeding now pending or, to the knowledge of the Developer, threatened against or affecting the Developer or its business, operations, properties or condition (financial or otherwise) before or by any governmental department, commission, board, authority or agency, or any court, arbitrator, mediator or grand jury, that could, individually or in the aggregate, materially and adversely affect the ability of the Developer to complete the Development or the Project. (g) The Developer acknowledges and agrees that the sole source of funds for reimbursing the Developer under this Agreement is Tax Increment. The Developer acknowledges that the commitment of Tax Increment pursuant to this Agreement is in all respects subordinate to the pledge of Tax Increment to the Bonds. The Developer further acknowledges and agrees the amount of Tax Increment is dependent upon a number of variables, including, without limitation, the taxable value of the Development and other taxable value within the District, the number of mills levied by Taxing Bodies, and then- prevailing state laws regarding computation of Tax Increment. The Developer agrees that if Tax Increment in the amount of $397,817.38 is not available to the City to reimburse the Developer, the City shall have no obligation to pay to the Developer the amount of reimbursement described in Section 4 and this Agreement shall terminate as described in Section 5.2(b). (h) The Developer acknowledges and agrees that the costs of the Demolition to be reimbursed from Tax Increment will not include any costs related to removal of any trees. Section 3. Developer Undertakings. 3.1. Construction and Maintenance of Development. The Developer hereby agrees and commits to the City that it will diligently prosecute to completion the construction of the Development in accordance with this Agreement, the site plan submitted or to be submitted to the City and all applicable federal, State and local laws, rules, regulations, ordinances and plans relating to or governing the development or use of the Development, including applicable Land Use Regulations and Environmental Laws and Regulations. The Developer agrees and commits to the City that construction of the Development shall be substantially complete by December 31, 2026, subject to Unavoidable Delays. The total estimated costs of the Development are expected to be in excess of $28,000,000. The Developer has the financial capacity to complete the Development, and the Developer agrees to pay all costs thereof. At all times during the term of this Agreement, the Developer will operate and maintain, preserve and keep the Development or cause the Development to be operated, maintained, preserved and kept for the purposes for which it was constructed, and with the appurtenances and every part and parcel thereof, in good repair and condition. The Developer agrees to permit the City and any of its officers, employees or agents access to the Land for the purpose of inspection of all work being performed in connection with the Development; provided, however, that the City shall have no obligation to inspect such work. 3.2. Preparation, Review and Approval of Construction Plans. In connection with the Development, the Developer, at its sole expense, shall prepare and submit construction plans, 853 7 drawings, and related documents for the Development to the appropriate City officials for architectural, engineering or land use review and written approval or permits. The Developer acknowledges that no review or approval by City officials hereunder may be in any way construed by the Developer to replace, override or be in lieu of any required review, inspection, or approval by the City Planning Division, or any other building construction official review or approvals required by any State laws or local ordinances or regulations. Nothing contained in this Agreement indicates or evidences that the City has approved or will approve the Development or any portion thereof. This Agreement does not affect or limit the City’s regulatory powers with regard to the Development, including, without limitation, those relating to building permits or other permits or the payment of fees. As further described in Section 7.1, the City shall have no liability and the Developer shall hold the City harmless with respect to any increases in costs of the Development related to or arising out of delays resulting from the City’s regulatory actions or approvals. 3.3. Construction of the Project; Warranty. The Developer shall acquire, install, construct or otherwise provide the Project. The Developer acknowledges and agrees that the City is not responsible for acquiring, installing, constructing or otherwise providing the Project. The estimated costs of the Project are $397,817.38. Upon acceptance by the City of the improvements comprising the Lighting Project, the Developer must require its contractor to provide the City a warranty on all improvements comprising part of the Lighting Project as required by 38.270.100, BMC, and section C.9 of the City of Bozeman Plans and Specifications Review Policy. 3.4. Milestones. Certain steps in the development of the Project are listed on Exhibit D attached hereto (collectively, the “Milestones”; each a “Milestone”), together with the dates by which the Developer is obligated to complete the Milestone (collectively, the “Milestone Dates”; each as it relates to a particular Milestone, the “Milestone Date”). The Developer acknowledges and agrees that the City in reserving or offering to make available Tax Increment to reimburse it for costs of the Project necessarily means that certain Tax Increment is not available to pay or reimburse other undertakings or costs for the benefit of the District and that the City reasonably expects additional Tax Increment as a result of completion of the Development. The Developer acknowledges and agrees that conditioning the availability of Tax Increment to reimburse it for the Project on completion or satisfaction of the Milestones by the corresponding Milestone Dates is reasonable. If the Developer is unable to complete or satisfy a Milestone by the corresponding Milestone Date, the Developer shall make a formal written request to the Director of Economic Development, with appropriate supporting material, to extend the Milestone Date and, as appropriate, subsequent Milestone Dates. The Director of Economic Development may, in his or her sole discretion, (i) determine whether such extension is appropriate and, if so, fix a new and superseding Milestone Date and also adjust other subsequent Milestone Dates, along with any other terms or conditions, or (ii) refer the request to the City Commission to either approve the extension and adjust other Milestone Dates, as appropriate, or, in its sole discretion, terminate this Agreement, in which case the City will have no obligation to reimburse the Developer hereunder. 3.5. Independent Contractor Status/Labor Relations. The Developer understands that the City is obligated to follow certain laws with respect to the expenditure of public funds, which includes Tax Increment. 854 8 The Parties agree the Developer and its contractors and subcontractors, including its engineers, and their employees and agents are independent contractors for purposes of this Agreement and are not to be considered employees of the City for any purpose. As such, neither the Developer nor any of its contractors and subcontractors are to be considered subject to the terms and provisions of the City’s personnel policies and may not be considered a City employee for workers’ compensation or any other purpose. The Developer and its contractors and subcontractors are not authorized to represent the City or otherwise bind the City in any dealings between them and any other party. With respect to the Demolition, the Developer agrees that in the awarding of contracts for the Demolition (i) it will, and it will cause its contractor to, publicly bid competitively contracts for the Demolition, and (ii) through its contract with its contractor, it will, in addition to the requirements of Section 3.9, require its contractor to comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, M.C.A., and the Occupational Disease Act of Montana, Title 39, Chapter 71, M.C.A., and to pay the Prevailing Wage Rates on contracts related to the Demolition. The Developer will provide to the City all documentation requested to verify the compliance of the Developer and its contractor with the foregoing requirements. Failure of the Developer or its contractor to bid competitively contracts for the Demolition or to require contracts entered into directly with contractors or sub-contractors to include provisions requiring the contractor or sub-contractor to pay the Prevailing Wage Rates on the work related to the Demolition will be considered a breach of this Agreement and the City will be entitled, at its discretion and without obligation, to exercise any and all measures to assure compliance and retroactive compensation plus interest to workers not paid in accordance with this Agreement, and recovery of any penalty or fine assessed by the State attributed to any failure to pay the Prevailing Wage Rates. Additionally, the Developer acknowledges that a violation of these requirements may, in the City’s sole discretion, cause the Demolition to be ineligible for the application of Tax Increment, in which case the City will have no obligation to reimburse or pay the Developer hereunder. With respect to the Lighting Project: The Developer must require its contractor to comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, M.C.A., and the Occupational Disease Act of Montana, Title 39, Chapter 71, M.C.A., and must ensure its contractor maintains workers’ compensation coverage for all members and employees of contractor’s business, except for those members who are exempted by law. The Developer or its contractor, as applicable, must comply with all Montana statutory requirements for the procurement of construction services for the Lighting Project including, but not limited to, requirements of Title 7, chapter 5, part 43, M.C.A. and Title 18, M.C.A. including but not limited to competitive bidding. The Developer must require its contractor furnish it 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. The Developer must provide such evidence to the City upon the City’s request. 855 9 The Developer must require its contractor to give preference to the employment of bona fide Montana residents which means an individual who, at the time of employment and immediately prior to the time of employment, has lived in Montana in a manner and for a time that is sufficient to clearly justify the conclusion that the individual’s past habitation in this state has been coupled with an intention to make this state the individual’s home. The Developer must instruct its contractor that individuals who come to Montana solely in pursuit of a contract or an agreement to perform labor may not be considered to be bona fide Montana residents. The Developer must require its contractor to pay wages, fringe benefits, and expenses including travel allowances as set forth in the Montana Prevailing Wage Rate applicable to the work performed, and as such wages are applicable to Gallatin County, Montana. The Parties agree the adopted wage schedules are incorporated herein. In addition, the Developer must require its contractor to pay all hourly wage employees on a weekly basis and to maintain payroll records during construction and for a period of three (3) years following acceptance of the Lighting Project by the City. Finally, the Developer must require that its contractor ensure that any person, firm or entity constructing any portion of the Lighting Project under this Agreement for which the Developer’s contractor or any of its subcontractors is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during construction of the Lighting Project, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, the Developer must require its contractor to agree 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 and that the steps contractor shall take are to be left to the discretion of contractor; provided, however, that the Developer must require the contractor to bear all costs of any related legal action. The Developer must require its contractor to indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid wages. 3.6. Utilities. The Developer shall not interfere with, or construct any improvements over, any public street or utility easement without the prior written approval of the City. All connections to public utility lines and facilities shall be subject to approval of the City and any private utility company involved. The Developer at its own expense shall replace any public facilities or utilities damaged during the Development by the Developer or its agents or by others acting on behalf of or under their direction or control of the Developer. 3.7. Permits and Compliance With Laws. The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the acquisition and construction of the Development and the Project. Without limiting the foregoing, the Developer will request and seek to obtain from the City or other appropriate governmental authority all necessary land use, zoning, and building permits. The Developer must require its contractor to provide all notices, comply with all applicable laws, ordinances, 856 10 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. The Developer will comply in all material respects with all Environmental Laws and Regulations applicable to the construction, acquisition, and operation of the Development and the Project, will obtain any and all necessary environmental reviews, licenses or clearances under, and will comply in all material respects with, Environmental Laws and Regulations. In addition, the Developer shall require its contractor to 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. 3.8. Easements. To the extent that the Lighting Project is to be located on the Land, the Developer hereby agrees to grant to the City and applicable utility companies from time to time such easements, rights-of-way and similar licenses in a form required by the City and as are reasonably necessary to permit the City to own, operate and maintain the Lighting Project. Without limiting the generality of the foregoing, the Developer agrees to dedicate and record public access and utility easements on the Mendenhall and North 7th Avenue frontages of the Development, substantially in the form attached hereto as Exhibit C. 3.9. Nondiscrimination and Equal Pay Affirmation. The Developer agrees to require its contractor(s) to be in compliance with the City’s Nondiscrimination and Equal Pay Affirmation attached hereto as Exhibit F, as well as Title 49, Montana Code Annotated, regarding activities related to the Development and the Project. The Developer agrees that in its contracts with its contractors the Developer’s contractor will be required to require its subcontractors to comply with the City’s Nondiscrimination and Equal Pay Affirmation attached hereto as Exhibit F, as well as Title 49, Montana Code Annotated, regarding activities related to the Development and the Project. The Developer agrees to provide copies of all such contracts upon request by the City. 3.10. Performance and Payment Bonds. The Developer must require its contractor to provide performance, maintenance, and payment bonds to it for completion of the Lighting Project meeting all statutory requirements of the State of Montana, in form and substance and, without limitation, complying with the following specific requirements: (a) Require the contractor to faithfully perform all of the provisions of the contract between the Developer and the contractor. (b) Require the contractor to pay all laborers, mechanics, subcontractors, and material suppliers. (c) Require the contractor to pay all persons who supply the contractor with provisions, provender, material, or supplies for performing the work. 857 11 (d) Except as otherwise required by Montana law, the form and substance of such bond(s) must be satisfactory to the Developer and the City. (e) Bond(s) shall be executed by a responsible surety licensed in Montana and listed in the latest U.S. Dept. of Treasury Circular #570, with a Best’s rating of no less than A/XII. Said bonds shall remain in effect through the warranty period for all Improvements, and until all of the contractor’s obligations to the Developer are fulfilled. (f) The performance bond and the labor and material payment bond shall be in an amount equal to or exceeding one hundred percent (100%) of the contract amount entered into between the Developer and its contractor. (g) The Developer shall require the attorney-in-fact who executes the required bond(s) on behalf of the surety to affix thereto a certified and current copy of his or her power of attorney indicating the monetary limit of such power. (h) Every bond under this section must display the surety’s bond number. A rider including the following provision shall be attached to each bond: Surety agrees that it is obligated under the bond(s) to any successor, grantee or assignee of the Developer and the City. (i) The City and the Developer must be named as obligees on the bonds. (j) The Developer must require its contractor to deliver the required bonds to it and the City prior to the commencement of any work on the Lighting Project. (k) Prior to acceptance of the Lighting Project, the Developer’s contractor must post a maintenance bond with the City equal to 20% of the actual cost of the Lighting Project to correct any deficiencies in workmanship and/or materials which are found within the two-year warranty period. The City shall be named as an obligee on the bond. 3.11. Walkaway Provision. The Developer shall have the option, in its sole discretion and for any reason, to cease developing the Development and terminate this Agreement without penalty at any time prior to the Developer submitting a Developer Certificate (the “Walkaway Provision”). If the Developer exercises the Walkaway Provision, this Agreement shall immediately terminate and all rights and obligations of the Parties under this Agreement shall cease, except for those rights and obligations specifically identified in Section 8.3(b) in this Agreement as surviving termination. If the Developer exercises this Walkaway Provision, the Developer automatically waives any and all rights to reimbursement from the City under this Agreement. This Walkaway Provision shall not limit or prohibit any rights, claims or recourse that the City may have in connection with the Development or the Project. Section 4. City Undertakings. Subject to satisfaction of all conditions in Section 5 below, and solely from Tax Increment on hand and subject to the prior lien of the Bonds, the City agrees to reimburse the Developer for the Project in an amount not to exceed $397,817.38. The Parties acknowledge and agree that, subject to the terms and conditions of this Agreement, the actual 858 12 costs of the Project may exceed $397,817.38, but $397,817.38 is the maximum amount that the City will reimburse the Developer for the Project pursuant to this Agreement. Section 5. Conditions and Process for Reimbursement. The City’s reimbursement of the Developer for the Project as described in Section 4 shall be subject to the following conditions and in accordance with the following procedures: 5.1. Installments. The City will reimburse the Developer for the Project in up to three installments: (i) the initial installment, which will consist of costs of mobilization and ordering light poles and luminaires for the Lighting Project, and engineering design, (ii) second installment, which will consist of the cost of the Demolition, up to $25,000, luminaire pole foundations, adjacent conduit/pull boxes and all underground electrical work, up to 70% of the remaining reimbursables costs of the Lighting Project, (iii) the final installment, which will consist of the remaining reimbursable and engineering construction administration costs of the Lighting Project. 5.2. Conditions to Reimbursement of the Initial Installment. The City will pay the initial installment only if the following conditions are satisfied and the following procedures are followed: (a) The Developer must have completed or satisfied each of the Milestones by the applicable Milestone Date, as such date may have been extended pursuant to Section 3.4 hereof, with respect to Milestones and Milestone Dates that have occurred by the date of the initial installment. (b) Reimbursement by the City for costs of the mobilization and ordering of light poles and luminaires, and engineering design services for the Lighting Project must be based on paid invoices for costs incurred by the Developer, its contractors and subcontractors or utility companies, which the Developer must supply to the City. The City may reject, in its sole discretion, any invoice related to the Project. The City will notify the Developer of any rejected invoice and the reason it was rejected. In no event will the City reimburse for costs related to removal of trees in connection with the Demolition. (c) At the time of the Developer’s request for the initial installment (i) all of the Developer’s representations as set forth in Section 2.2 must be true and correct, (ii) the Developer must not be in breach of any covenant or undertaking as set forth in Section 3, and (iii) there must be adequate Tax Increment on hand to pay the amount of the initial installment and satisfy all other financial obligations related to the District, including related to the Bonds. (d) The Developer must provide evidence satisfactory to the City that the utility easements described in Section 3.8 have been recorded with the Gallatin County Clerk and Recorder’s Office, with only such changes from the form set forth in Exhibit C as have been approved by the City. (e) The Developer shall provide to the City a signed Developer certificate substantially in the form attached as Exhibit E-1 hereto and acceptable to the City, 859 13 accompanied by the invoices and lien waivers from the contractors or subcontractors that have performed the work to be reimbursed. In addition, the Developer agrees to provide to the City any additional information requested by the City for the City to determine whether the Developer’s request for reimbursement complies with this Agreement. Based on this Developer certificate and the related information provided by the Developer, the City Manager or his or her designee shall determine the total dollar amount of costs that may be reimbursed in the initial installment. (f) If Tax Increment funds are on hand and available therefor, and all conditions set forth in Section 5.1(a) through (f) have been satisfied, the City shall pay the initial installment to the Developer. If any of the above conditions are not satisfied in the determination of the City, the City shall have no obligation to reimburse the Developer for the costs of the Project and the City’s determination to refrain from reimbursing, or its inability to reimburse, any of the Project shall not be or result in a default under this Agreement. 5.3. Second Installment. Following payment of the initial installment, at the Developer’s written request, the City will pay a second installment, in an amount up to 70% of the remaining reimbursable costs of the Lighting Project; and costs of the Demolition, up to $25,000, only if the following conditions are satisfied and the following procedures are followed: (a) The Developer shall continue to complete or satisfy remaining Milestones by the applicable Milestone Dates, as such dates may have been extended pursuant to Section 3.4 hereof. (b) Reimbursement by the City for costs of the Lighting Project and Demolition must be based on paid invoices for costs incurred by the Developer, its contractors and subcontractors or utility companies, which the Developer must supply to the City. The City may reject, in its sole discretion, any invoice related to the Lighting Project or Demolition. The City will notify the Developer of any rejected invoice and the reason it was rejected. (c) The Demolition must have been completed in its entirety prior to payment of the second installment. (d) At the time of the Developer’s request for the second installment (i) all of the Developer’s representations as set forth in Section 2.2 must be true and correct, (ii) the Developer must not be in breach of any covenant or undertaking set forth in Section 3, and (iii) there must be adequate Tax Increment on hand to satisfy all financial obligations of the District, including related to the Bonds. (e) The work on the Lighting Project that the second installment is reimbursing shall have been completed, and the Developer must demonstrate to the City’s satisfaction, by a title report or other means acceptable to the City, that the portion of the Lighting Project being reimbursed by the second installment is free of financial liens. (f) The Developer shall submit to the Director of Economic Development a certificate substantially in the form attached hereto as Exhibit E-2, accompanied by the invoices 860 14 and lien waivers from the contractors or subcontractors that have performed the work to be reimbursed. In addition, the Developer agrees to provide to the City any additional information requested by the City for the City to determine whether the Developer’s request for reimbursement complies with this Agreement. Based on this Developer certificate and the related information provided by the Developer, the City Manager or his or her designee shall determine the total dollar amount of costs that may be reimbursed in the second installment. 5.4. Final Installment. Following the payment of the initial installment and, if applicable, the second installment, the City will pay the final installment only if the following conditions are satisfied and the following procedures are followed: (b) The Developer shall continue to complete or satisfy remaining Milestones by the applicable Milestone Dates, as such dates may have been extended pursuant to Section 3.4 hereof. (b) Reimbursement by the City for remaining costs of the Lighting Project must be based on paid invoices for costs incurred by the Developer, its contractors and subcontractors or utility companies, which the Developer must supply to the City. The City may reject, in its sole discretion, any invoice related to the Lighting Project. The City will notify the Developer of any rejected invoice and the reason it was rejected. (c) At the time of the Developer’s request for the final installment (i) all of the Developer’s representations as set forth in Section 2.2 must be true and correct, (ii) the Developer must not be in breach of any covenant or undertaking set forth in Section 3, and (iii) there must be adequate Tax Increment on hand to satisfy all financial obligations of the District, including related to the Bonds. (d) The Lighting Project shall have been completed in its entirety and the City shall have delivered to the Developer written acceptance of the Lighting Project (which may be in the form of a Certificate of Completion or such other format as required by the City). The Developer must demonstrate to the City’s satisfaction, by a title report or other means acceptable to the City, that the Lighting Project is free of financial liens and any encumbrances affecting the Lighting Project must be acceptable to the City. (e) The Developer shall submit to the Director of Economic Development a certificate substantially in the form attached hereto as Exhibit E-3, accompanied by the invoices and lien waivers from the contractors or subcontractors that have performed the work to be reimbursed. In addition, the Developer agrees to provide to the City any additional information requested by the City for the City to determine whether the Developer’s request for reimbursement complies with this Agreement. Based on this Developer certificate and the related information provided by the Developer, the City Manager or his or her designee shall determine the total dollar amount of costs that may be reimbursed in the final installment. 5.5. Failure to Satisfy Conditions. If any of the conditions described in Sections 5.2 through 5.4 are not satisfied in the determination of the City, the City shall have no obligation to make the initial installment, the second installment or final installment, respectively, and the 861 15 City’s determination to refrain from reimbursing, or its inability to reimburse, for costs of the Project shall not be or result in a default of this Agreement. Section 6. Sources of Repayment; Covenants to Pay Taxes. 6.1. Taxes. The Developer shall pay or cause to be paid when due and prior to the imposition of penalty all Taxes and all installments of any special assessments payable with respect to the Land and the Development and any improvements thereto or extension thereof. 6.2. Maintenance of Land and Development. The Developer agrees to use its commercially reasonable best efforts to maintain and operate the Land and the Development so as to be able at all times to pay promptly and when due all property taxes levied with respect to the Land and the Development. 6.3. Injunction; Specific Performance. The Parties agree that, in the event of a breach of this Section 6 by the Developer or its successors or assigns, the City would suffer irreparable harm. Therefore, in the event the Developer or its successors or assigns fails to comply with the provisions of this Section 6, the Developer agrees that the City may pursue any remedy at law or in equity, including the remedies of injunction and specific performance. Section 7. Indemnification and Insurance. (a) The Developer releases the City and all City Commission members, board members, officers, agents, servants and employees of the City (the “Indemnified Parties”) from, and covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend and hold harmless the Indemnified Parties against, any loss, damage, cost (including reasonable attorneys’ fees), claim, demand, suit, action or other proceeding whatsoever (i) arising or purportedly arising out of, or resulting or purportedly resulting from, the acquisition and construction of the Development or the Project, any violation by the Developer of any agreement, condition or covenant of this Agreement, the ownership, maintenance and operation of the Development, or the presence on any portion of the Land of any dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances; or (ii) which is proximately caused by the Developer or its officers, agents, contractors, consultants or employees. (b) The Developer agrees to require in any contract it enters into in fulfillment of its obligations under this Agreement that it will, to the fullest extent permitted by law, require its contractors to agree in such contracts that the contractor does release, defend, indemnify, and hold harmless the Indemnified Parties from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the Indemnified Parties 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; (ii) any negligent, reckless, or intentional misconduct of 862 16 any of the contractor’s agents including its subcontractors. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). The indemnity under this Section the Developer must require of its contractor shall be without regard to and without any right to contribution from any insurance maintained by any Indemnified Party. Should any indemnitee described herein be required to bring an action against the Developer’s contractors or engineers to assert its right to defense or indemnification under this Agreement or under the Developer’s contractor’s or engineer’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Developer’s contractor(s) or engineer(s) was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against 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. The Developer must also require its contractors and subcontractors and engineers to waive any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the Project except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. The obligations contained in this Section 7(a) and (b) shall survive termination of this Agreement. (c) With respect to the Project only: In addition to and independent from the above, the Developer shall require its contractor(s) and engineer(s) at the contractor(s)’s and engineer(s)’s expense, to 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 Developer’s contractor(s) or engineer(s) in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the contractor(s) or engineer(s) retained by the Developer to perform its obligations under this Agreement and as such liabilities and obligations are included in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and the Developer must cause to be furnished to the City an 863 17 accompanying certificate of insurance and accompanying endorsements demonstrating such insurance is in place 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 - $2,000,000 per occurrence; $4,000,000 annual aggregate; • Products Completed Operations - $5,000,000; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. In addition to the above, the Developer must cause its contractor to purchase and maintain insurance in the amount of the full replacement cost of the Project. This insurance must: • Include the interests of the City, the Developer, and the Developer’s contractor, engineers, and subcontractors each of whom is deemed to have an insurable interest and must be listed as an insured or additional insured; • Be written on a Builder’s Risk “all risk” or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Project, temporary buildings, false work and materials and equipment in transit and must insure against at least the following perils or cause of loss: fire, lighting, extended coverage, theft, vandalism, and malicious mischief, earthquake, collapse, debris removal, demolition occasional by enforcement of applicable laws and regulations, and water damage (other than caused by floods); • Include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges or engineers); • Cover materials and equipment in transit for incorporation in the Project stored at the site or at another location prior to being incorporated into the Project, provided that such materials and equipment have been included in an application for payment by the Developer’s contractor and recommended for payment by the Developer’s engineers; • Be endorsed to allow occupancy and partial utilization of the Project by the Developer and the City; 864 18 • Include testing and start-up; and • Be maintained in effect until final payment is made by the City to the Developer unless otherwise agreed to in writing by the City with forty-five (45) days written notice to each additional insured. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the applicable policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a forty-five (45) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Developer commencing work. In addition to the notice of cancellation to the City that must be included in the insurance policies, the Developer and its contractor(s) and engineer(s) must notify City within two (2) business days of any of their receipt of information that any required insurance coverage will be terminated or of contractor(s) or engineer(s) decision to terminate any required insurance coverage for any reason. The City must receive copies of all insurance coverages and endorsements prior to the Developer commencing construction of the Project. Section 8. General Provisions. 8.1. Conflicts of Interest; City’s Representatives Not Individually Liable. The Developer represents that it does not employ, retain, or contract with an officer or employee of the City and that no member, officer or employee of the City has a personal or financial interest, direct or indirect, in this Agreement or in the Development, or a financial interest in the Project. No member, officer or employee of the City shall be personally liable to Developer in the event of any default under or breach of this Agreement by the City, or for any amount that may become due to Developer for any obligation issued under or arising from the terms of this Agreement. 8.2. Rights Cumulative. The rights and remedies of the Parties of this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by any Party hereto of any one or more of such remedies shall not preclude the exercise by such Party, at the same or different times, of any other remedy for the same default or breach or of any of its remedies for any other default or breach of the Party subject to the limitation of remedies provided herein. No waiver made by such Party with respect to the performance or the manner or time thereof, of any obligation under this Agreement, shall be considered a waiver with respect to the particular obligation of the other Party or a condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the Party making the waiver of any obligations of the other Party. Delay by a Party hereto instituting or prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights hereunder. 8.3. Term of Agreement. (a) This Agreement shall remain in effect until the earlier of (i) the date that is 10 days after the date the City reimburses the Developer in full hereunder, or 865 19 (ii) the termination of this Agreement by the Developer pursuant to Section 3.11; provided that this Agreement may be earlier terminated by the City in its sole discretion at any time after failure by the Developer to complete or satisfy a Milestone by the applicable Milestone Payment Date (as such date may be extended as described in Section 3.4). (b) Notwithstanding the foregoing provisions of this Section 8.3, Sections 6, 7(a), 7(b), and 8 of this Agreement shall in all events survive the termination of this Agreement. 8.4. Limitation on City Liability. No agreements or provisions contained in this Agreement nor any agreement, covenant or undertaking by the City contained in any document in connection with the Development or the Project shall give rise to any pecuniary liability of the City or a charge against its general credit or taxing powers, or shall obligate the City financially in any way except with respect to then-available Tax Increment. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charge except to the extent that the same can be paid or recovered from then-available Tax Increment; and no execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general funds or taxing powers of the City (except as such constitute then-available Tax Increment). Nothing herein shall preclude a proper party in interest from seeking and obtaining specific performance against the City for any failure to comply with any term, condition, covenant or agreement herein; provided that no costs, expenses or other monetary relief shall be recoverable from the City except as may be payable from the Tax Increment. This Agreement shall not constitute or be construed to give rise to a debt of the City. 8.5. Assignment. This Agreement is unique between the City and Developer and no Party may assign any rights or privileges, or delegate any duties or obligations under this Agreement, without first obtaining the written consent of the other Party. 8.6. Successors Bound By Agreement; No Third-Party Beneficiary; No Property Interest. Subject to compliance with Section 8.5, this Agreement will inure to the benefit of and be binding upon the Parties to this Agreement and their respective successors in interest and permitted assignees. This Agreement is for the exclusive benefit of the Parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. This Agreement, by itself, does not create or give rise to a property interest in the Land or the Development. 8.7. Prior Agreements. This Agreement supersedes, merges and voids any and all prior discussions, negotiations, agreements and undertakings between the Parties with respect to the subject matter of this Agreement. The Parties waive and release each other from any claims, actions, or causes of action that relate in any manner to any prior discussions, negotiations, agreements and undertakings between the Parties with respect to the subject matter of this Agreement. 8.8. Entire Agreement. This Agreement, including any exhibits and attachments hereto, embodies the entire agreement and understanding of the Parties with respect to its subject matter. All Parties shall be prohibited from offering into evidence in any arbitration or civil action any terms, conditions, understandings, warranties, statements or representations, whether 866 20 oral or written, with respect to the subject matter of this Agreement and that are not contained in this Agreement. 8.9. Amendments, Changes and Modifications. This Agreement may be amended and any of its terms may be modified only by written amendment authorized and signed by the Parties hereto. 8.10. Headings. The headings of articles and sections in this Agreement are inserted for convenience of reference only and do not limit or amplify the terms and provisions of the Agreement in any manner. The headings will be ignored and will not affect the construction of any provisions of this Agreement. 8.11. Notice. Any formal notice, demand or communication required or permitted by the terms of this Agreement to be given to the City or the Developer will be in writing and will be delivered to such Party either: (i) by personal hand-delivery; or (ii) by depositing the same in the United States mail, certified mail with return receipt requested, addressed to such Party at the address named below, with postage prepaid thereon. Notice will be deemed complete upon receipt of the notice pursuant to any of the foregoing methods of notice. If to City: City of Bozeman Attention: Bozeman City Manager 121 N. Rouse Ave. P.O. Box 1230 Bozeman, MT 59771 If to Developer: Bozeman Exchange Associates, LLC Attention: Kim Brown Rice Mill Building, Suite 400 17 Lockwood Drive Charleston, SC 29401 The City and the Developer, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications should be sent. 8.12. Severability. If any provision of this Agreement is declared void or held invalid, such provision will be deemed severed from this Agreement and the remaining provisions of this Agreement will otherwise remain in full force and effect. 8.13. Duplicate Originals or Counterparts. This Agreement may be executed in two or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. 867 21 8.14. Place of Performance. The place of performance of this Agreement will be in the City of Bozeman, Gallatin County, Montana. 8.15. Governing Law. This agreement and the legal relations between the Parties hereto will be governed by and construed in accordance with the laws of the State of Montana, without giving effect to any choice of law statutes, rules, or principles. 8.16. Dispute Resolution. (a) Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each Party duly authorized to execute settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator acceptable to the Parties to assist in the negotiated settlement discussions. (b) If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the applicable law and the provisions of this Agreement. 8.17. Further Assurances and Corrective Instruments. The Parties agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Development or the Project or for carrying out the expressed intention of this Agreement. 8.18. Reports/Accountability/Public Information. Developer agrees to develop and/or provide documentation as reasonably requested by the City demonstrating the Developer’s compliance with the requirements of this Agreement. Developer shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the monies distributed to Developer pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Developer shall not issue any statements, releases or information for public dissemination regarding this Agreement or the work contemplated hereunder without prior written approval of the City. 868 22 IN WITNESS WHEREOF, the Parties hereto have caused this Development Agreement to be executed as of the 24th day of March, 2026. CITY OF BOZEMAN, MONTANA By: _______________________________________ Printed Name: Chuck Winn Title: City Manager [Signature Page to Development Agreement] 869 23 BOZEMAN EXCHANGE ASSOCIATES, LLC By: Name: Title: [Signature Page to Development Agreement] 870 A-1 EXHIBIT A LEGAL DESCRIPTION OF THE LAND TRACY’S 1ST ADDITION TO BOZEMAN, SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST , BLOCK E, LOT 1A, PLAT C-17-G, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA 871 B-1 EXHIBIT B DESCRIPTION OF LIGHTING PROJECT The lighting project includes 20 new light poles and luminaires located on both sides of the street on 5th Avenue from Main Street to Mendenhall Street, the south side of Mendenhall Street from 5th Avenue to 7th Avenue, and the north side of Main Street from 5th Avenue to 7th Avenue. 872 C-1 EXHIBIT C FORM OF UTILITY EASEMENT 873 2871606 Fletut'Itto:Page:1 of 5 03/04/202602:20:48PM Fee:$60.00EricSemerad-GallatinCounty,MT MISC City ler mainsmunnemanii PO Box 1230 Bozeman,MT 59771-1230 PunuC ACCESS AND UTILITY EASEMENT BozemanExchangeAssociates,LLC.,GRANTOR(S),inconsiderationofonedollar($1.00) andothergoodandvaluableconsideration,receiptofwhichisherebyacknowledged,grantsto theCityofBozeman,aMunicipalCorporationoftheStateofMontana,withofficesat121North RouseAvenue,Bozeman,Montana59715,GRANTEE,itssuccessorsandassigns,apublic accessandutilityeasementforasidewalkfortheuseofthepublicin,andpublicutilityeasement toprovideelectricpowerandlightpoles,therighttouseoftheeasementforthemaintenance, repair,andremovaloftheirlinesorotherfacilities,in,through,andacrossa8feetwidestripof landonthe7thAvenuepropertyfrontageanda6.5feetwidestripoflandontheMendenhall StreetpropertyfrontagesituatedinGallatinCounty,Montana,whichislocatedonthefollowing describedproperty:Lots29and30LessPortionsConveyedbyBargainandSaleDeeds,Lots31 through37,andtheWest26FeetofLot38,BlockE,Tracy'sAdditiontoBozeman TheeasementismoreparticularlydescribedontheattachedExhibit(s)whichbythis referencearemadeaparthereof. TheGRANTOR(S)agrees: (1)Toconstructandmaintainthesidewalkattheirown expenseinaccordancewithrelevant CityOrdinances,including,butnotlimitedto,snowremovalandallmajorandminor repairwork. (2)ToallowtheCitytomakeanyandallinspectionsofthesidewalk,electricalpower,light poles,andassociatedelectricalequipment,andlandappurtenanttheretoastheCity reasonablydeemsnecessary. (3)Construct,operate,patrol,repair,substitute,remove,enlarge,replace,andmaintainthe electricalpower,lightpoles,andassociatedelectricalequipment. TheGRANTOR(S)warrantthattheyarelawfullyseizedandpossessedofthereal propertydescribedabove,thattheyhavealawfulrighttoconveytheproperty,oranypartofit, andthattheywilldefendthetitletothispropertyagainsttheclaimsofallpersons. TheGRANTOR furtheragreesthattheGRANTEE may peaceablyholdandenjoythe rightsandprivilegeshereingrantedwithoutanyinterruptionbytheGRANTORS.Theterms, covenantsandprovisionsofthiseasementshallextendtoandbebindingupontheheirs, executors,administrators,personalrepresentatives,successorsandassignsofthepartieshereto. DATED this dayof ,2025. 874 2871606 Page 2 of 5 03/04/2026 02:20:48 PM BozemanExchangeAssociates,LLC By:BozemanExchangeManagement,Inc ITS:M ager (int e) ITS. STATEOF SOUTH CAROLINA ) :ss CountyofCharleston ) On this dayof (4,MW 25,forme,the rsi d,aNotaryPublicfor theStateofSouthCarolina,personallyappeared owntometobethe PresitimitofBozemanExchangeManagement,In,Managerof emanExchangeAssociates,LLC , andthepersonwhosenameissubscribedtothewithininstrumentandacknowledgedtomethathe executedthesameforandonbehalfofBozemanExchangeManagement,Inc.,ManagerofBozeman ExchangeAssociates,LLC. INWITNESSWHEREOF,Ihavehereuntosetmy handandaffixedmyofficialsealthedayand yearfirstabovewritten. (SEAL) Publicforthe ofSoutC lina SH"""*(PrintedName ORCef Residingat Y .•**-'•-.My CommissionExpires /20 3 _ 875 2871606 Page 3 of 5 03/04/2026 02:20:48 PM ACCEPTED: CIT 1 B ZE A ager ATTEST: CityClerk STATE OF MONTANA ) )ss. CountyofGallatin ) On this dayof fo ,202/,beforeme,aNotaryPublicforthe StateofMontana,personallyappearedCHUC WINN andMIKE MAAS,knowntome tobe theCityManagerandCityClerkfortheCityofBozemanandthepersonswhosenamesare subscribedtothewithininstrument,andacknowledgedtome thattheyexecutedthesameforand onbehalfoftheCityofBozeman. INWITNESS WHEREOF,Ihavehereuntosetmy handandaffixedmy sealontheday andyearfirstabovewritten. (SEAL) NotaryPublicfortheStateof ontana (Printe e) c'o,MICHELLE CHAPEL Residingat e ,Montana NotaryPublic My Commis n xpires //20oTAR4.fortheStateofMontana--Residingat: SEAL.*5 sozeman,Montana'My CommissionExpires: April21,2029 876 2871606 Page 4 of 5 03/04/2026 02:20:48 PM EXHIBITA PUBLICACCESS AND UTILITYEASEMENT wlTHIN LOTS 29 AND 30 LESS PORTIONSCONVEYED BY BARGAINAND SALE DEEDS,LOTS 31 THROUGH 37, AND THE WEST 26 FEETOF LOT 38,BLOCK E,TRACY'SADDITIONTO BOZEMAN PREPAREDFOR:BOZEMANEXCHANGEASSOCIATES,LLC AUGUST2025 PREPAREDBY :SQAbell BOZEMAN,MONTANA W MENDENHALL ST L8 POINTOFBEGINNING N 89.50'14"E 243.76' S 89.50'14"W 267.83'L1 PROPOSEDEASEMENTLINE(TYP)EXISTINGPROPERTYLINE(TYP) 29 30 31 32 33 34 35 36 37 38 39 a NEWPUBLICACCESSANDUTIUTYEASEMENT N LINETABLE LINETABLEoo Line#Bearing Distance Line#Bearing Distance gosT4 L1 S 0007'05"E 6.50'LS N 30'48'03"E 5.83'CRAIGKAML2S89·53'42"W 8.00'L6 N 75'48'03"E 8.25'T74 L2 ALLEY L3 N 89.50'14"E 3.10'L7 N 8950'14"E 18.01 L4 N 00.09'46"W 15.01'L8 N 00®09'46"W 1.25 SCALE:1"-40' BOZ_07022-01_BEA-PUBLIC._ACCESS_AND_UTUTY_EASEMENT.DWGBOZ-07022.018/15/25co 877 2871606 Page 5 of 5 03/04/2026 02:20:48 PM EXHIBIT B PUBLICACCESS AND UTILITYEASEMENT WITHIN LOTS 29 AND 30 LESS PORTIONSCONVEYED BY BARGAINAND SALE DEEDS,LOTS 31 THROUGH 37, AND THE WEST 26 FEET OF LOT 38,BLOCK E,TRACY'SADDITIONTO BOZEMAN PREPAREDFOR:BOZEMANEXCHANGEASSOCIATES,LLC AUGUST2025 PREPAREDBY :SQD 0 80ZEMAN,MONTANA EASEMENT-DESCRIPTION ApublicaccessandutilityeasementlocatedonLots29and30lessportionsconveyedbybargainandsale deeds,Lots31through37,andtheWest26feetofLot38,BlockE,Tracy'sAdditiontoBozeman,locatedin thenortheastquarterofSection12,Township2South,Range5East,P.M.M.,CityofBozeman,Gallatin County,Montana,accordingtotheofficialplatthereofonfileandofrecordintheofficeoftheCountyClerkandRecorder,GallatinCounty,Montana,beingmoreparticularlydescribedasfollows: Beginningatthenortheastcorneroftheeasterlylineofwest26'ofLot38,saidpointalsobeingonthe southerlyright-of-waylineofWestMendenhallStreet;thencealongsaideasterlylineSO°07'05"E,6.50feet;thenceS89°50'14"W,267.83feet;thenceSO°00'55"E,134.00feettothenortherlyright-of-waylineofanalley;thencealongsaidnortherlylineS89°53'42"W,8.00feettotheeasterlyright-of-waylineofNorth7thAvenue;thenaalongsaideasterlyright-of-waylinethroughthefollowingfourcourses; 1)N0°00'55"W,117.22feet;2)N89°50'14"E,3.10feet; 3)NO°09'46"W,15.01feet; 4)N30°48'03"E,5.83feettothesoutherlyright-of-waylineofWestMendenhallStreet;thencealongsaidsoutherlylinethroughthefollowingfourcourses; 1)N75°48'03"E,8.25feet; 2)N89°50'14"E,18.01feet; 3)N0°09'46"W,1.25feet; 4)N89°50'14"E,243.76feettothePointofBeginning.Saideasementcontaining2,736squarefeet,moreorless. BOZ_07022-01_BEA-PUBLIC_ACCESS_AND_UTILITY_EASEMENT.DWGBOZ-07022.018/15/25co 878 D-1 EXHIBIT D MILESTONES MILESTONE MILESTONE DATE Completion of the Lighting Project December 31, 2026 879 E-1-1 EXHIBIT E-1 FORM OF DEVELOPER CERTIFICATE TO: City of Bozeman, Montana FROM: Bozeman Exchange Associates, LLC (the “Developer”) SUBJECT: Initial Installment This Developer Certificate requests $_________ the initial installment of reimbursement of the Project, as defined in the Development Agreement between the Developer and the City of Bozeman, Montana, dated as of ____________, 2026 (the “Development Agreement”). Capitalized terms used but not otherwise defined herein shall have the respective meanings given such terms in the Development Agreement. Pursuant to Section 5.2(f) of the Development Agreement, the undersigned hereby certifies on behalf of the Developer that: (a) the expenditures for which reimbursement is requested are listed in summary form in the attached schedule headed “Project Expenditures;” (b) invoices paid by the Developer and lien waivers provided by the contractors or subcontractors corresponding to the expenditures set forth on the attached Project Expenditures schedule are appended to such schedule; (c) the amounts for which reimbursement is requested have been paid by the Developer to contractors, subcontractors, materialmen, engineers, architects or other persons who or that have performed necessary or appropriate services or supplied necessary or appropriate materials for the acquisition, construction, renovation, equipping, and installation of the Project; (d) the contractor and subcontractors were solicited and retained competitively and all persons performing work on the Project were paid the Montana prevailing wage for such work; (e) no part of the several amounts requested to be paid, as stated in such certificate, has previously been reimbursed by the City under the Development Agreement and none of the amounts requested to be paid relate to removal of trees in connection with the Demolition; (f) the reimbursement of the amounts requested will not result in a breach of any of the covenants of the Developer contained in the Development Agreement; and (g) no litigation has been instituted or is threatened with regard to any amounts sought to be reimbursed, and binding and enforceable lien waivers have been obtained from all contractors, subcontractors, materialmen, and others with regard to all work related to any amounts for which reimbursement is requested. 880 E-1-2 The Developer represents that all of the representations of the Developer in Section 2.2 of the Development Agreement are true and correct as of the date hereof and the Developer is not in default of the performance of any of its undertakings or obligations under Section 3 of the Development Agreement as of the date hereof. Dated: _____________, 20__ Bozeman Exchange Associates, LLC By: Authorized Developer Representative 881 E-2-1 EXHIBIT E-2 FORM OF DEVELOPER CERTIFICATE TO: City of Bozeman, Montana FROM: Bozeman Exchange Associates, LLC (the “Developer”) SUBJECT: Second Installment This Developer Certificate requests $_________ as the second installment of reimbursement of the Project, as defined in the Development Agreement between the Developer and the City of Bozeman, Montana, dated as of ____________, 2026 (the “Development Agreement”). Capitalized terms used but not otherwise defined herein shall have the respective meanings given such terms in the Development Agreement. Pursuant to Section 5.[3][4](e) of the Development Agreement, the undersigned hereby certifies on behalf of the Developer that: (a) the expenditures for which reimbursement is requested are listed in summary form in the attached schedule headed “Project Expenditures;” (b) invoices paid by the Developer and lien waivers provided by the contractors or subcontractors corresponding to the expenditures set forth on the attached Project Expenditures schedule are appended to such schedule; (c) the amounts for which reimbursement is requested have been paid by the Developer to contractors, subcontractors, materialmen, engineers, architects or other persons who or that have performed necessary or appropriate services or supplied necessary or appropriate materials for the acquisition, construction, renovation, equipping, and installation of the Lighting Project; (d) the contractor and subcontractors were solicited and retained competitively and all persons performing work on the Lighting Project were paid the Montana prevailing wage for such work; (e) no part of the several amounts requested to be paid, as stated in such certificate, has previously been reimbursed by the City under the Development Agreement; (f) the reimbursement of the amounts requested will not result in a breach of any of the covenants of the Developer contained in the Development Agreement; and (g) no litigation has been instituted or is threatened with regard to any amounts sought to be reimbursed, and binding and enforceable lien waivers have been obtained from all contractors, subcontractors, materialmen, and others with regard to all work related to any amounts for which reimbursement is requested. 882 E-2-2 The Developer represents that all of the representations of the Developer in Section 2.2 of the Development Agreement are true and correct as of the date hereof and the Developer is not in default of the performance of any of its undertakings or obligations under Section 3 of the Development Agreement as of the date hereof. Dated: _____________, 20__ Bozeman Exchange Associates, LLC By: Authorized Developer Representative 883 E-3-1 EXHIBIT E-3 FORM OF DEVELOPER CERTIFICATE TO: City of Bozeman, Montana FROM: Bozeman Exchange Associates, LLC (the “Developer”) SUBJECT: Final Installment This Developer Certificate requests $_________ as the final installment of reimbursement of the Project, as defined in the Development Agreement between the Developer and the City of Bozeman, Montana, dated as of ____________, 2026 (the “Development Agreement”). Capitalized terms used but not otherwise defined herein shall have the respective meanings given such terms in the Development Agreement. Pursuant to Section 5.[3][4](e) of the Development Agreement, the undersigned hereby certifies on behalf of the Developer that: (a) the expenditures for which reimbursement is requested are listed in summary form in the attached schedule headed “Project Expenditures;” (b) invoices paid by the Developer and lien waivers provided by the contractors or subcontractors corresponding to the expenditures set forth on the attached Project Expenditures schedule are appended to such schedule; (c) the amounts for which reimbursement is requested have been paid by the Developer to contractors, subcontractors, materialmen, engineers, architects or other persons who or that have performed necessary or appropriate services or supplied necessary or appropriate materials for the acquisition, construction, renovation, equipping, and installation of the Lighting Project; (d) the contractor and subcontractors were solicited and retained competitively and all persons performing work on the Lighting Project were paid the Montana prevailing wage for such work; (e) no part of the several amounts requested to be paid, as stated in such certificate, has previously been reimbursed by the City under the Development Agreement; (f) the reimbursement of the amounts requested will not result in a breach of any of the covenants of the Developer contained in the Development Agreement; and (g) no litigation has been instituted or is threatened with regard to any amounts sought to be reimbursed, and binding and enforceable lien waivers have been obtained from all contractors, subcontractors, materialmen, and others with regard to all work related to any amounts for which reimbursement is requested. 884 E-3-2 The Developer represents that all of the representations of the Developer in Section 2.2 of the Development Agreement are true and correct as of the date hereof and the Developer is not in default of the performance of any of its undertakings or obligations under Section 3 of the Development Agreement as of the date hereof. Dated: _____________, 20__ Bozeman Exchange Associates, LLC By: Authorized Developer Representative 885 F-1 EXHIBIT F 886 RESOLUTION NO. 2026-14 RESOLUTION APPROVING CERTAIN INFRASTRUCTURE IMPROVEMENTS AS AN URBAN RENEWAL PROJECT WITH RESPECT TO THE BOZEMAN MIDTOWN URBAN RENEWAL DISTRICT; MAKING FINDINGS WITH RESPECT THERETO AND APPROVING THE USE OF TAX INCREMENT REVENUES TO REIMBURSE COSTS THEREOF AND APPROVING A RELATED DEVELOPMENT AGREEMENT BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Recitals. 1.01. Under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended (the “Act”), the City is authorized to create urban renewal areas, prepare and adopt an urban renewal plan therefor and amendments thereto, undertake urban renewal projects therein, provide for the segregation and collection of tax increment with respect to property taxes collected in such areas, and apply tax increment revenues to pay eligible costs. 1.02. Pursuant to the Act and Ordinance No. 1685 adopted by the City Commission of the City (the “City Commission”) on November 27, 2006, as amended and supplemented by Ordinance No. 1925, adopted by the City Commission on December 16, 2015 (as so amended and supplemented, the “M-URD Ordinance”), the City has created the Bozeman Midtown Urban Renewal District (the “M-URD”) as an urban renewal district and has approved the Bozeman Midtown Urban Renewal Plan (the “M-URD Plan”) as an urban renewal plan in accordance with the Act, which M-URD Plan provides for the segregation and collection of tax increment revenues with respect to the M-URD. 887 Resolution 2026-14, Approving Infrastructure Improvements in the Midtown Urban Renewal District in Connection with a Project Known as the Main and Mendenhall Lighting Project 2 1.03. Bozeman Exchange Associates LLC, LLC (the “Developer”) proposes to undertake the construction of a new hotel project, expected to consist of the construction of approximately 124 hotel rooms together with related improvements (collectively, the “Project”), on land located in the M-URD bordered by 5th Street and Main and Mendenhall Streets, Bozeman, Montana, which is legally described on Exhibit A hereto (the “Land”); In connection with the Project, the City desires the Developer to construct improvements to the City’s street lighting system that will benefit the Project as well as future development and existing properties in the M-URD. The project also includes up to $25,000 in reimbursement for demolition of the long-vacant and dilapidated former Café Internationale building. The Developer has requested that the City use tax increment of the M-URD to reimburse it for costs of the Infrastructure Improvements. Section 2 Approval of the Infrastructure Improvements as an Urban Renewal Project. The Commission hereby approves the Infrastructure Improvements as an urban renewal project under the Act, the M-URD Plan. The Infrastructure Improvements are contemplated by and within the scope of the M-URD Plan, and the costs of the Infrastructure Improvements are eligible for tax increment financing under the Act. Section 3 Findings. The Commission hereby finds with respect to the Infrastructure Improvements as follows: a. no persons will be displaced from their housing by the Infrastructure Improvements; 888 Resolution 2026-14, Approving Infrastructure Improvements in the Midtown Urban Renewal District in Connection with a Project Known as the Main and Mendenhall Lighting Project 3 b. the M-URD Plan and the Infrastructure Improvements conform to the Bozeman Community Plan or parts thereof for the City as a whole; c. the M-URD Plan and the Infrastructure Improvements will afford maximum opportunity, consistent with the needs of the City as a whole, for the rehabilitation or redevelopment of the District by private enterprise; d. taking into account the use of tax increment revenues to reimburse the Developer for a portion of the Infrastructure Improvements, there is expected to be a sound and adequate financial program for the financing of the Infrastructure Improvements; and e. the Infrastructure Improvements constitute an urban renewal project within the meaning of the Act, the M-URD Plan. Section 4 Development Agreement; Use of Tax Increment. 4.01. Staff of the City’s Economic Development Department and the Developer have negotiated a Development Agreement, the form of which is attached hereto as Exhibit A. The Development Agreement is hereby approved in substantially the form attached. The City Manager, or in the event of his absence or disability, his designee, is hereby authorized and directed to finalize, approve, execute and deliver to the Developer the Development Agreement, substantially in the form attached as Exhibit A, with such changes as such officer shall deem necessary or appropriate. The execution and delivery by an appropriate officer of the City of the Development Agreement shall be conclusive as to the approval of such officer of the terms of the Development Agreement. 4.02. The Commission hereby approves the use of tax increment revenues to reimburse the Developer for costs of the Infrastructure Improvements, subject to the terms and conditions of the Development Agreement. 889 Resolution 2026-14, Approving Infrastructure Improvements in the Midtown Urban Renewal District in Connection with a Project Known as the Main and Mendenhall Lighting Project 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th Day of March, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 890 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 2024-14 entitled: “RESOLUTION APPROVING CERTAIN INFRASTRUCTURE IMPROVEMENTS AS AN URBAN RENEWAL PROJECT WITH RESPECT TO THE BOZEMAN MIDTOWN URBAN RENEWAL DISTRICT; MAKING FINDINGS WITH RESPECT THERETO AND APPROVING THE USE OF TAX INCREMENT REVENUES TO REIMBURSE COSTS THEREOF AND APPROVING A RELATED DEVELOPMENT AGREEMENT” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a regular meeting on March 24, 2026 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commission members voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand and seal officially this 24th day of March, 2026. (SEAL) __________________________________ MIKE MAAS City Clerk 891 Resolution 2026-14, Approving Infrastructure Improvements in the Midtown Urban Renewal District in Connection with a Project Known as the Main and Mendenhall Lighting Project A-1 EXHIBIT A [Form of Development Agreement] 892 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Director of Community Development SUBJECT:Ordinance, Provisional Adoption, Establishing a Zoning Designation of R-B Residential Mixed Use Low-Medium (formerly R-3, Residential Medium- Density District), in Association with the Annexation of 17.92 Acres, the L Street Annexation, Application 25360 MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance. 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 Commission unanimously (5:0) approved Application 25360 on December 17, 2025, to annex 17.92 acres and voted (4:1) to establish an initial zoning designation of R-3, Residential Medium-Density District, subject to terms of annexation and contingencies for zoning. Commissioner Madgic dissented on the R-3 zoning request. Final documents and easements have been received. A signed annexation agreement was received on February 24, 2026. The property is addressed at 1215 L Street and generally located west of the intersection of L Street and Story Mill Road. The property consists of three parcels. The properties are largely vacant and undeveloped apart from some minor agricultural buildings and an existing well. The East Gallatin River bisects the property with adjacent potential wetlands as shown on the annexation map. A full wetland delineation will be required with any future site development. It also abuts the Pole Yard Urban Renewal District on the southern edge. The Subject Property is located within the Idaho Pole Co. Superfund Site boundary and the associated Controlled Groundwater Area (CGA). Any future development of the property will require the installation of municipal utilities provided by the City to support residential use. The CGA requires that any excavation or disturbance of the soil be approved by the 893 Environmental Protection Agency (EPA) and the Montana Department of Environmental Quality (MDEQ). The applicant acknowledges this requirement and will obtain the necessary approval prior to development. The Subject Property lies outside of both the Treated Soils Area (TSA) and the Residential Restricted Area. The proposed annexation brings in additional right-of-ways to build out sections of L Street and Story Mill Road upon future development along with additional internal local street network. City Commission revised the zoning map through Ordinance 2025-12-2151 which became effective on February 1, 2026. The R-3 zone became the R-B zone under the new zoning system. Therefore, the Ordinance shows R-B zoning as the district to be applied to this property. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 25360 L Street Ordinance.pdf 002 - EXHIBIT H - ZMA MAP.pdf Report compiled on: February 26, 2026 894 ORDINANCE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 19.92 ACRES AS R-B, RESIDENTIAL MIXED USE LOW-MEDIUM DISTRICT, KNOWN AS THE L STREET ZONE MAP AMENDMENT, APPLICATION 25360. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of R-3 (Residential Medium-Density) for approximately 17.92 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on December 1, 2025, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended the Bozeman City Commission that application No. 25360 the L Street Zone Map Amendment be approved as requested by the applicant; and 895 WHEREAS, after proper notice, the City Commission held its public hearing on December 16, 2025, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria; and WHEREAS, the City Commission revised the zoning map and some zoning district names through Ordinance 2025-12-2151 and became effective on February 1, 2026. The R-3 zone became RB. Therefore, the Ordinance shows R-B zoning as the proper implementation of the Commission’s decision to adopt initial zoning. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a land use plan, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, 896 staff analysis and report, and all submitted public comment recommended approval of the application. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the L Street Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as R-B, Residential Mixed Use Low-Medium District: An area of land comprised described as follows: PARCEL I: All that portion of the Southwest Quarter of the Northwest Quarter (SW¼NW¼) of Section Five (5), in Township Two (2) South, Range Six (6) East, Montana Principal Meridian, lying Northwest on the center line of the County Road known as “L” Street and Southwest of the right of way of the Gallatin Valley Railroad Company and more particularly described as follows: Beginning at the Northwest Corner of the Southwest One-quarter of the Northwest One- quarter of said Section Five (5), thence North 88°53′44″ East on and along the Northline of the Southwest One-quarter of the Northwest One-quarter (SW¼NW¼) a distance of 457.03 to the Southwesterly right of way of the Gallatin Valley Railroad. Thence South 21°17′24″ East on and along said right of way, a distance of 414.70 feet, to the centerline of the County Road known as “L” Street. Thence South 43°45′36″ West on and along the centerline of the County Road, known as “L” Street, a distance of 869.07 feet to the West line of said Northwest One-quarter (NW¼). 897 Thence North 00°22′00″ West on and along said West line, a distance of 1005.23 feet to the point of beginning. According to Plat recorded in Film 9, page 847. Said Parcel I also described in various documents of record as follows: All that portion of the Southwest Quarter of the Northwest Quarter (SW¼NW¼) of Section Five (5), in Township Two (2) South of Range Six (6) East of Montana Meridian, lying Northwest of the centerline of the County Road, and Southwest of the right of way of the Gallatin Valley Railroad Company and more fully described as follows, to-wit: Beginning at the Northwest corner of said Southwest Quarter of Northwest Quarter (SW¼NW¼) of said Section 5; thence South along the West line of said Section 1006.2 feet, more or less, to the center of the County Road; thence North 44° East 868.2 feet, more or less, to the Westerly line of the right of way of the Gallatin Valley Railroad Company, said line being 50 feet from the center of said right of way; thence North 20°31′ West along said right of way 414.7 feet, more or less, to the North line of said Southwest Quarter of the Northwest Quarter, thence West along said North line 457.3 feet, more or less, to the place of beginning. As previously described in Warranty Deed recorded in Film 9, page 845. PARCEL II: That portion of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right of way located in Section 5, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, which is adjacent to that parcel described in "Exhibit A" attached hereto, and which is located between the Southeast boundary line (extended) and the North boundary line (extended) of said parcel as described in Exhibit "A". Said right of way being as shown on that certain right of way and track map filed September 25, 1985 at 11:57 A.M. under Permanent File No. 770-C in the office of the Clerk and Recorder for Gallatin County, Montana. “EXHIBIT A” All that portion of the Southwest Quarter of the Northwest Quarter (SW¼NW¼) of Section Five (5), in Township Two (2) South of Range Six (6) East of Montana Meridian lying Northwest of the centerline of the County road and Southwest of the right of way of the Gallatin Valley Railroad Company and more fully described as follows, to-wit: Beginning at the Northwest corner of said Southwest Quarter of Northwest Quarter (SW¼NW¼) of said Section 5; thence South along the West line of said Section 1006.2 feet, more or less, to the centerline County road; thence North 44 1/2° East 868.2 feet, more or less, to Westerly line right-of-way Gallatin Valley Railroad Company, said line being 50 feet from center right of way; thence North 20°31' West along said right-of-way 414.7 feet, 898 more or less, to North line said Southwest Quarter Northwest Quarter; thence West along said North line 457.3 feet, more or less, place beginning. All Parcel II previously described Quit Claim Deed recorded Film 90, page 1210. PARCEL V: A tract of land in the NW¼ of Section 5, and the NE¼ of Section 6, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, and particularly described as follows: Beginning at the E¼ corner of Section 6, thence South 88°54'59" West along the South line of the NE¼ of Section 6, a distance of 329.58 feet to a point on the centerline of a County Road; thence North 44°23'01" East, on and along said centerline, a distance of 1,142.18 feet; thence South 3°45'18" East, a distance of 801.90 feet to a point on the South line of the NW¼ of Section 5; thence South 88°54'59" West, on and along said South line, a distance of 522.00 feet to the true point of beginning according to Survey recorded in Film 20 page 376. Said portion contains 17.92 acres, more or less. SUBJECT to all easements of record or apparent from visual inspection of the property. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this Ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 899 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City. Section 7 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. 900 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 10th Day of March 2026. ____________________________________ JOEY MORRISON Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk 901 FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2026. The effective date of this ordinance is __________, __, 2026. _________________________________ JOEY MORRISON Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 902 PRELIMINARY - FOR REVIEWFILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONFOR THREE PARCELS ON L ST AND STORY MILL RDZMA MAPIDAHO POLE COMPANY ANNEXATION & ZMAANNEXATION AND INITIAL ZONE MAP AMENDMENTBOZEMAN, MTH CH24107_IPC_ANNEXATION_ZMA_RESCALED.DWGTJH06/20/25SUBMITTAL TO CITY10/03/25-----SUBMITTAL TO CITY-------24107L STREET ZMA MAP LEGEND: SIZE: PARCEL I: 9.00 ACRES PARCEL II: 0.96 ACRES PARCEL V: 7.96 ACRES SUBJECT PROPERTY ZONE: EX. COUNTY ZONING: A-S PRO. CITY ZONING: R-3 PROPERTY NOTES: THE EXISTING STRUCTURE LABELED ON THE SITE IS LEGALLY DESCRIBED AS: "RRG3 - GARAGE, FRAME, DETACHED, UNFINISHED." THE EAST GALLATIN RIVER IS THE URBAN WATERWAY THAT FLOWS THROUGH THE SUBJECT PROPERTY. THERE IS VEGETATION DISPERSED ALONG THE LENGTH OF THE RIVER. THE BANKS ARE STEEP AND SHORT. ZONE DEFINITIONS: CITY: R-3: RESIDENTIAL MEDIUM DENSITY R-4: RESIDENTIAL HIGH DENSITY R-MH: RESIDENTIAL MANUFACTURED HOME COMMUNITY B-1: NEIGHBORHOOD BUSINESS COUNTY: A-S: AGRICULTURE SUBURBAN R-S: RESIDENTIAL SUBURBAN LEGAL DESCRIPTION: SEE EXHIBIT F PARCEL I: S05, T02 S, R06 E, ACRES 9, SW4NW4 W OF RD & E OF RIVER PARCEL II: S05, T02 S, R06 E, ACRES 0.96, ABANDONED MENARD LINE LYING SW4NW4 PARCEL V: S05, T02 S, R06 E, ACRES 7.96, TRACT J IN SW4NW4 SEC 5 & SE COR SE4NE4 SEC 6 20FM376PLAT 0 100 SCALE: 1" = 100' 20050100 ZMA MAP 903 Memorandum REPORT TO:City Commission FROM:Joey Morrison, Mayor SUBJECT:Mayoral Proclamation of April 5th as First Contact Day MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Administration RECOMMENDATION:Proclaim May 5th as First Contact Day. STRATEGIC PLAN:5.3 Partnerships for Education and Learning: Strengthen and support partnerships for arts and culture with a wide variety of individuals, organizations, and institutions to enhance and improve education and learning in Bozeman. BACKGROUND: First Contact Day, celebrated on April 5th, commemorates the first contact between humans and Vulcans in the Star Trek franchise. Now, these celebrations often focus on the sciences, arts, and hope for a bright future. It provides our community with an opportunity to come together, dream, imagine, and create shared meaning and place while reflecting on our place in the cosmos and in time. For the city of Bozeman, this day has special importance as the first contact between humans and Vulcans occurs on April 5th, 2063, here in Bozeman, MT. Over the years, the city has fielded countless inquiries into First Contact- related events and sculptures to commemorate and celebrate cultures both real and imagined. The moment of First Contact led to the creation of an interstellar union that spanned civilizations, cultures, and galaxies that served to preserve peace and justice. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: 904 Proclamation Declaring April 5th as First Contact Day.docx Report compiled on: March 16, 2026 905 Proclamation Declaring April 5th as First Contact Day WHEREAS, April 5, 2063 is the date of First Contact between humanity and extraterrestrial life in the Star Trek media franchise, and WHEREAS, the City of Bozeman is home to hundreds of scientists, technicians, engineers, artists, mathematicians, and other professionals who expand our shared understanding of humanity's place among the stars, and WHEREAS, Bozeman is home to Montana State University, a contributing member of the Space Grant Consortium, expanding scientific knowledge of outer space and how best to bridge the gap between space research and planetary progress, and WHEREAS, central Montana has since time immemorial been a meeting ground for many peoples who call both the Rocky Mountains and the Great Plains home, including the Selish, Qnspe, Ksanka, Niitsitapi, Annishinabe, Ne-i-yah-wahk, A'aninin, Nakona, Lakota, Dakota, Tsetsehesestahase, Apsaalooke, and Metis tribal nations, and WHEREAS, the people of Bozeman wish to cultivate a spirit of curiosity and collaboration across both the imagined cultures of science fiction media and the real cultures of our Earthly neighbors, and, WHEREAS, the advocates of First Contact Day seek to highlight the power of science fiction to inform lived reality with gatherings of people from Montana and beyond on April 5th of every year to come, and WHEREAS, the development of tourism that attracts STEM professionals, artists, and science fiction fans during a historically slow season for visitors will be an economic boon to local businesses, and WHEREAS, if extraterrestrial life searches the galaxy for peaceful connection with other species, it is the sense of the City of Bozeman would welcome such visitors with open arms, Now, therefore, I, Joey Morrison, the Mayor of Bozeman, do hereby proclaim Sunday, April 5th, 2026 as First Contact Day, and I urge all citizens to look to the stars with hope and to one another with open hearts and minds. Signed and Proclaimed this 24th day of March, 2026. _________________________________ Joey Morrison Mayor Bozeman, Montana 906 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:Operations from the Director - Transportation and Engineering Tell our Story Presentation MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Administration RECOMMENDATION:Receive special presentation on Transportation and Engineering Operations Divisions. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:This special presentation will provide City Commission and the public with an overview of the operations divisions within the Department of Transportation and Engineering. Vehicle Maintenance, Streets Division, and Bozeman Solid Waste provide the city and our public with frontline Public Works operational support. Commission and our public will learn the people who serve them and the exceptional service we provide. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Report compiled on: March 9, 2026 907 Memorandum REPORT TO:City Commission FROM:Stephen Bodell, Budget Analyst Jonathon O'Dougherty, Budget Analyst Kaitlin Johnson, Budget Manager Melissa Hodnett, Finance Director SUBJECT:Resolution to Adopt Fiscal Years (FY) 2027-31 Capital Improvements Plan MEETING DATE:March 24, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:I move to approve the resolution adopting the FY27-31 Recommended Capital Improvements Plan. 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:On December 9, 2025, the City Commission was presented with the FY2027– 31 Recommended Capital Improvements Plan (CIP), a five-year plan outlining the City of Bozeman’s investments in infrastructure, facilities, parks, and transportation systems in support of the community’s vision of being the most livable place. The CIP includes planned expenditures of $25,000 or more that result in the acquisition or significant improvement of an asset with a useful life of at least three years, as well as master planning efforts that inform future capital investment. On March 10, 2026, the City Commission was presented with staff- recommended revisions based on updated cost estimates and project information obtained since the original CIP presentation in December 2025. This action item represents the City Commission’s final review, potential amendment, and adoption of the FY2027–31 CIP. The CIP is prepared in compliance with state and municipal code. State law requires the City to maintain a CIP for Development Impact Fee Funds, and this document provides the schedules and cost projections required under Montana Code Annotated (MCA) 7-6-1602(2). In addition, Article 5.08 of the adopted City Charter requires the City Commission to adopt the capital program for the ensuing fiscal year, with or without amendment after public hearing, no later than the last day of March of the current fiscal year. 908 Both the original and revised recommended CIP documents are available online: https://www.bozeman.net/departments/finance/budget-and- financial-reports UNRESOLVED ISSUES:Capital purchases and infrastructure investments are planned through a multi-stage process, with the recommended CIP functioning as one of the initial steps. The CIP provides a framework for future budget decisions but does not, on its own, authorize or guarantee funding for any project. During budget development, departments will identify operational requirements and associated revenue needs beyond those reflected in the capital plan. Additional financial modeling will be undertaken to align project timing, debt financing, and rate or assessment impacts. Projects will proceed only when sufficient funding has been approved. ALTERNATIVES:Changes to the recommended Capital Improvements Plan (CIP) can be adopted by motion. FISCAL EFFECTS:The City's Capital Improvement Plan is a mid-range plan adopted annually which identifies over five years of capital infrastructure projects, equipment purchases, and other capital purchases that have been identified to maintain or improve City services. The CIP is a planning document and will be used as a guide for future budgetary proposals, but it does not guarantee funding for any specific project or commit the City to future purchases. More extensive financial models and potential rate impacts will be analyzed during the budget development process. Attachments: FY27-31 CIP Resolution_26.03.24.docx Report compiled on: February 25, 2026 909 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE CAPITAL IMPROVEMENTS PLAN FOR FISCAL YEARS 2027 TO 2031. WHEREAS, Article V, Section 5.07 of the Bozeman Charter requires the City Manager to prepare and submit a multi-year capital program for the ensuing fiscal year; and WHEREAS, Article V, Section 5.08 of the Bozeman Charter requires the City Commission to adopt the capital program by resolution for the ensuing fiscal year, with or without amendment after the public hearing, no later than the last day of March of the current fiscal year; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: the Capital Improvements Plan for Fiscal Years 2027 to 2031, as attached hereto and by this reference made a part hereto of, is hereby adopted. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 24th day of March, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: 910 ___________________________________ GREG SULLIVAN City Attorney 911 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 1 of 22 25273 City Commission Findings of Fact and Order for Parklands Amended Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting was held Monday, September 8, 2025, at 6:00 pm. City Commission meeting was held Tuesday, September 9, 2025, at 6:00 pm. Project Description: A preliminary plat requesting to subdivide one parcel zoned R-4 into a major subdivision for residential uses. The proposed subdivision includes 8 buildable lots on a total of 1.201 acres. The project is proposed to be completed in one phase. Village Downtown Boulevard and Audubon Way are currently constructed, and no new street connections are required or proposed with the subdivision. Residential lots 2 through 8 are proposed to contain two dwelling units to comply with the minimum required density of the R-4 zoning, while Lot 1 will have the option of either a single- household dwelling or a two-household dwelling unit. Project Location: Lot 1 of Block 1 of Parklands at Village Downtown Subdivision, per Plat J- 700A in Section 8, Township 2 South, Range 6 East, Principal Meridian, City of Bozeman, Gallatin County, Montana. Addresses TBD, west of Village Downtown Boulevard, east of Audubon Way, and south of Audubon Way. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended Planning Board Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 25273 and move for the Community Development Board in its capacity as the Planning Board to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 25273 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: September 16, 2025 Staff Contact: Bailey Minnich, Development Review Planner Simon Lindley, Project Engineer Agenda Item Type: Consent (Quasi-judicial) Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 513912 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 2 of 22 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer. Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application on May 23, 2025, requesting to subdivide 1.201 acres to create 8 buildable lots. The subject property is zoned R-4 (Residential High Density District). Proposed land uses for the subdivision are primarily residential in the form of single-household dwellings and two-household dwellings on individual lots. Residential lots 2 through 8 are proposed to contain two dwelling units to comply with the minimum required density of the R-4 zoning, while lot 1 will have the option of either a single-household dwelling or two dwelling units. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for R-4 Zoning. The site is surrounded by existing local streets with Village Downtown Boulevard located to the west, and Audubon Way to the south and east. No additional street extensions are proposed or required with the subdivision application. Additionally, all water, sewer and stormwater infrastructure was already installed with the original subdivision. The subdivision is proposed to be completed in one phase and developed with uses permitted under sketch plan review. Therefore, the application does not qualify for concurrent construction. All subdivision improvements must be installed prior to the issuance of a building permit for any lot within a subdivision. On July 16, 2025, the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider requested waivers with this application. The requested waivers were approved by the Development Review Committee (DRC) on June 11, 2025 and included BMC 38.220.060.A.1 Surface Water, BMC 38.220.060.A.2 Floodplain, BMC 38.220.060.A.3 Groundwater, BMC 38.220.060.A.4 Geology, BMC 38.220.060.A.5 Vegetation, BMC 38.220.060.A.6 Wildlife, BMC 38.220.060.A.7 Agriculture, BMC 38.220.060.A.8 Agricultural water user facilities, BMC 38.220.060.A.9 Water and Sewer, BMC 38.220.060.A.10 Stormwater, BMC 38.220.060.A.11 Streets, BMC 38.220.060.A.12 Utilities, BMC 38.220.060.A.13 Land use, BMC 38.220.060.A.14 Parks and recreation facilities, BMC 38.220.060.A.15 Neighborhood Center, BMC 38.220.060.A.16 Lighting Plan, BMC Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 514913 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 3 of 22 38.220.060.A.17 Miscellaneous, and BMC 38.220.060.A.18 Affordable Housing. The City has received no written public comment on the application as of the writing of this report. The final decision for this preliminary plat must be made by October 8, 2025, or 60 working days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt subdivisions. The Community Development Board acting in their capacity as the Planning Board considered the application and provided a recommendation of approval on September 8, 2025. No public comment was received at the meeting. There was one question from the board about the capacity of the installed water and sewer lines for multiple dwelling units. A motion to recommend approval of the subdivision was passed 5-0. The City Commission held a public meeting to consider the application for approval on September 9, 2025. A video of the meeting is available on the City’s Streaming Video Archive. No public comment was received. The motion to approve consent items F.1 to F.13 passed unanimously. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 515914 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 4 of 22 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 3 SECTION 1 – MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ................................................................................. 8 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8 SECTION 4 – CODE REQUIREMENTS ...................................................................................... 9 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 10 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 10 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 10 Documentation of compliance with adopted standards 38.220.060 ................................. 14 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS..…..…....……. 17 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 21 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 21 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 21 FISCAL EFFECTS ....................................................................................................................... 22 ATTACHMENTS ......................................................................................................................... 22 Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 516915 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 5 of 22 SECTION 1 – MAP SERIES Exhibit 1 – Zoning Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 517916 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 6 of 22 Exhibit 2 – Future Land Use Map Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 518917 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 7 of 22 Exhibit 3 – Preliminary Plat Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 519918 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 8 of 22 SECTION 2 – REQUESTED VARIANCES No variances are requested with this application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentations, Certificates of Survey, and Final Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application must include one (1) signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorders office has elected to continue the existing medium requirements of 1 mylar with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 2. The applicant must add the following notes to the conditions of approval sheet of the plat related to the presence of high groundwater on the property: a. Ownership of all common open space lots, areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands are that of the property owners association. Maintenance responsibility includes, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks, greenway corridors or other common open space areas. b. The property owners' association must be responsible for the maintenance of stormwater infrastructure located within the common open spaces. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. c. The property owners association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space lots, areas and trails. d. The City of Bozeman shall be responsible for the maintenance of boulevard trees along Village Downtown Boulevard. e. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 520919 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 9 of 22 point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. f. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Sec. 38.220.070.A.3 – Noxious Weeds. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. 3. Sec. 38.220.300, 310, and 320. Property Owners’ Association. Final Property Owners’ Association (POA) documents, including covenants, must be provided with the final plat prior to being finalized and recorded. The POA documents must include the requirements of BMC 38.220.300, 310, and 320, where applicable. Additionally, based on the provided documents, revise and add the following. a. The property owners' association must be responsible for the maintenance of stormwater infrastructure located within the common open spaces. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. b. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space lots, areas, and trails. 4. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the certificates on the final plat must follow the language in the corresponding certificates in this code section. 5. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by Developer and Property Owners’ Association. The subdivision’s stormwater maintenance plan must clearly state the following condition. "The property owners association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way." The approved stormwater plan must be incorporated into the property owners’ association documents and a copy of the documents Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 521920 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 10 of 22 demonstrating the inclusion of the stormwater maintenance plan must be provided prior to final plat approval. 6. Sec. 38.410.060. - Easements. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates. a. The final plat must provide all necessary utility easements, and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. b. The applicant must submit for review and approval all easements which designate space for public or private utilities that are not in the designated pubic right of way. All such easements applicable to the spatial orientation of utilities on the plat, which are not in public right of way, must be reviewed, approved, executed by applicable owners and the City Commission, and filed with the County Clerk and Recorder's office prior to final plat approval. 7. Sec. 38.410.130.D.3 - Water Adequacy. The city will determine the estimated increase in annual municipal water demand attributable to the development. The applicant must offset the estimated increase in annual municipal water demand attributable to the development through one or more of the following means: 3. Payment to the city of cash- in-lieu of water rights for that portion of the estimated annual municipal water demand attributable to the development that is not offset under subsections D.1 and D.2. The applicant has indicated they intend to pay cash-in-lieu of water to satisfy the code. The CILWR fee determination will occur with the final plat applicant and must be paid prior to approval of the final plat. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on July 16, 2025. The Planning Board meeting was held Monday, September 8, 2025, at 6:00 pm. A summary is located above in the project summary, and a video of the meeting is available on the City’s website. The Community Development Board in their capacity as the Planning Board voted 5-0 to recommend approval of the subdivision application. The City Commission held a public meeting to consider the application for approval on Tuesday, September 9, 2025, at 6:00 pm. A video of the meeting is available on the City’s Streaming Video Archive. No public comment was received. The motion to approve consent items F.1 to F.13 passed unanimously. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 522921 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 11 of 22 review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections, the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public meetings were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. Review of this subdivision was conducted under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on May 23, 2025. The DRC reviewed the preliminary plat application and determined the application was adequate for continued review July 16, 2025 and recommended conditions of approval and code corrections for the staff report. The applicant posted public notice on the subject property on July 24, 2025. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 523922 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 12 of 22 mail, on July 24, 2025. No public comments have been received on this application as of the writing of this report. On August 12, 2025, a major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board at their meeting on Monday, August 18, 2025. However, the lack of a quorum required the meeting to be cancelled, and all agenda items rescheduled to Monday, September 8, 2025. A motion to recommend approval of the subdivision was passed 5-0 on September 8, 2025. On August 29, 2025, a major subdivision staff report was completed and forwarded with a recommendation of conditional approval for review by the City Commission. The motion to approve consent items F.1 to F.13 passed unanimously on September 9, 2025. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy (DSSP) and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/sewer – The subdivision will not significantly burden city's water and sewer infrastructure with the recommended conditions of approval and code provisions. Water and sewer will be provided by connections to the City’s water system and existing sanitary sewer collection system. The water and sewer mains and services to each of the proposed 8 lots were constructed during the original subdivision in 2020 and exist within the Audubon Way and Front Street rights-of-way. Appendix A contains the water and sewer design report for the original Parklands Subdivision, stamped by a professional engineer licensed in the State of Montana. The report was reviewed by the Engineering Division for compliance with state and local Public Works Standard Specifications, the City’s design standards, the City of Bozeman Water Facility Plan, and the City of Bozeman Fire Service Line Standard and found to meet with code provisions the City’s review requirements during the previous subdivision approval. No additional improvements are required with the current subdivision application. Code provision 7 requires the applicant offset estimated water demand prior to final plat approval per subsection D of BMC 38.410.130. Per this section, the application may either transfer water rights into city ownership that are appurtenant to the land being developed or as acceptable to the city, provide payment of cash-in-lieu of water rights at a rate established by the most recent City Commission resolution, or a combination of both. The applicant is proposing to provide cash-in-lieu of water rights to comply with the requirements of BMC 38.410.130.D. Code provision 7 requires the developer to pay the required cash-in-lieu of water rights fee with the final plat application. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 524923 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 13 of 22 Easements - The final plat must provide and depict all necessary utilities and required utility easements. Code provision 6 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street rights-of-way. The applicant must submit for review and approval all easements, which designate space for public or private utilities that are not in the designated public right of way. All easements must be provided using the City’s standard language. Ten-foot utility easements are depicted on the preliminary plat along Audubon Way and are proposed to be granted with the final plat in accordance with standards. Copies of additional existing easements are required to be provided with the final plat application. Parks – Supplemental information regarding Parks and Recreation facilities was waived during the pre-application process. The proposed amended plat does not increase the overall net residential density of the underlying subdivision. Previous parkland dedication provides sufficient parkland for the newly proposed lots. No additional parkland dedication is required per BMC 38.420.020.2.B.5. A pedestrian trail was constructed during the initial subdivision along the southeastern boundary of the subdivision along the old railway berm. The Parklands Subdivision constructed a 10-feet wide asphalt trail that connects the Village Downtown Boulevard along the Front Street right of way, through the 60-feet wide Linear Park to a 6-feet wide gravel trail that runs within the easement adjacent to the Parklands Subdivision. This creates a trail network that completely surrounds the entire subdivision. Stormwater – Stormwater within the subdivision will be conveyed by surface gutter flow to curb inlets and then underground through storm drain piping to an existing stormwater detention pond located in the existing Common Open Space A. All stormwater infrastructure was installed during the original Parklands Subdivision in 2020 and the design accounted for the future development of these 8 lots. Appendix B contains the stormwater design report for the original Parklands Subdivision. Code provision 5 details the required development or maintenance of common areas and facilities to be maintained by the property owners’ association and requires the property owners’ association to maintain all stormwater facilities outside of the public right- of-way, with the incorporation of a maintenance plan into the association documents prior to final plat approval. This will ensure the proper maintenance of necessary stormwater infrastructure as the subdivision is developed and occupied. Agricultural water user facility – The proposed subdivision is a redevelopment of an existing subdivision lot from The Parklands Subdivision. No agricultural water user facilities are located within the subdivision boundaries. Supplemental information regarding agricultural users was waived during the pre-application process. Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this subject property. The subdivision does not impact the City’s ability to provide emergency services to the subject property. The necessary addresses will be provided to enable 911 response to individual parcels prior to recording of the final plat. Fire protection standards require installation of fire hydrants at designated spacing to ensure adequate protection. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 525924 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 14 of 22 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement 6 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are generally located within dedicated street and alley rights-of-way. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets and an improved alley as allowed in BMC 38.400.090. Documentation of compliance with adopted standards 38.220.060 The Development Review Committee (DRC) completed a subdivision pre-application plan review on June 11, 2025 and no variances were requested. Waivers to the following code sections were granted during pre-application review and included BMC 38.220.060.A.1 Surface Water, BMC 38.220.060.A.2 Floodplain, BMC 38.220.060.A.3 Groundwater, BMC 38.220.060.A.4 Geology, BMC 38.220.060.A.5 Vegetation, BMC 38.220.060.A.6 Wildlife, BMC 38.220.060.A.7 Agriculture, BMC 38.220.060.A.8 Agricultural water user facilities, BMC 38.220.060.A.9 Water and Sewer, BMC 38.220.060.A.10 Stormwater, BMC 38.220.060.A.11 Streets, BMC 38.220.060.A.12 Utilities, BMC 38.220.060.A.13 Land use, BMC 38.220.060.A.14 Parks and recreation facilities, BMC 38.220.060.A.15 Neighborhood Center, BMC 38.220.060.A.16 Lighting Plan, BMC 38.220.060.A.17 Miscellaneous, and BMC 38.220.060.A.18 Affordable Housing Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water The subject property does not contain any surface water. Supplemental information regarding surface water was waived during the pre-application process. 38.220.060.A.2 - Floodplains The subject property is not located within the 100-year floodplain. The property is depicted on the Flood Insurance Rate Map (FIRM) panel 30031C0817E with an effective date of April 21, 2021. All issues related to the floodplain were addressed with the pervious subdivision. Supplemental information regarding floodplains was waived during the pre-application process. 38.220.060.A.3 - Groundwater All issues related to groundwater monitoring were addressed during the previous subdivision approval. Supplemental information relating to groundwater was waived during the pre- Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 526925 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 15 of 22 application process. As a condition of approval for this current subdivision the Engineering Department will require the developer must add a note on the final plat stating no crawl spaces will be permitted with future development of the site unless a professional engineer registered in the State of Montana certifies that the lower point of any proposed structure is located above the seasonal high groundwater level and provides supporting groundwater data prior to the release of a building permit. Additionally, sump pumps are not allowed to be connected to the sanitary sewer system or the drainage system and may not be discharged onto streets where they may create a safety hazard for pedestrians and vehicles. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils, or slopes. No significant geological features or slopes exist on the site. Supplemental information relating to geology, soils, or slopes was waived during the pre-application process. 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities identified on site. The current application is for the creation of 8 lots within an existing lot previously platted through the subdivision process. Supplemental information related to vegetation on the subject property was waived during the pre-application process. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. There are no known critical habitats on the property, or observed or mapped threatened or endangered species. The property is bound by existing city streets and future residential developments to the north, south, east, and west. The current application is for the creation of 8 lots within an existing lot previously platted through the subdivision process. Supplemental information related to wildlife on the subject property was waived during the pre-application process. 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. The current application is for the creation of 8 lots within an existing lot previously platted through the subdivision process. Supplemental information related to agriculture was waived during the pre-application process 38.220.060.A.8 - Agricultural Water User Facilities See discussion above under primary review criteria. 38.220.060.A.9 - Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. Also see discussion above under primary review criteria. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 527926 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 16 of 22 38.220.060.A.10 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. 38.220.060.A.11 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure. All public rights-of- way to serve the subdivision were dedicated with the underlying Parklands Subdivision final plat in 2020. Village Downtown Boulevard is considered a local street and includes an 80-foot-wide right-of-way. Audubon Way is considered an alley and includes a 30-foot wide right-of-way which serves the proposed 8 new lots and the existing 9 lots from Block 2 of The Parklands Subdivision. Audubon Way is privately maintained by the Property Owners Association. No new access is proposed to the current subdivision, and no modifications to existing streets are proposed. The applicant requested a waiver to the Traffic Impact Study (TIS) requirement. The Engineering Department evaluated and approved the waiver request. A previous TIS was prepared for the Village Downtown in 2003. The current subdivision calculations provided by the applicant indicate the proposed project will generate 238 weekday trips which are well below the Institute of Transportation Engineers (ITE) guidance. 38.220.060.A.12 – Non-Municipal Utilities The applicant received confirmation of service connections from non-municipal utilities during the previous Parklands Subdivision in 2021. Northwestern Energy confirmed the existing utilities in the area can supply the proposed 8-lot subdivision. 38.220.060.A.13 - Land Use Proposed land uses for the subdivision are primarily residential in the form of single-household dwellings and two-household dwellings on individual lots. Residential lots 2 through 8 are proposed to contain two dwelling units to comply with the minimum required density of the R-4 zoning, while lot 1 will have the option of either a single-household dwelling or two dwelling units. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for R-4 Zoning. Supplemental information regarding Land Use was waived during the pre-application process. 38.220.060.A.14 - Parks and Recreation Facilities The Parks Department reviewed the subdivision proposal. The proposed amended plat does not increase the overall net residential density of the underlying subdivision. Previous parkland dedication provides sufficient parkland for the newly proposed lots. No additional parkland dedication is required per BMC 38.420.020.2.B.5. Supplemental information regarding Parks and Recreation facilities was waived during the pre-application process. See the previous discussion under Parks in the primary review criteria. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 528927 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 17 of 22 38.220.060.A.15 - Neighborhood Center Plan To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater must have a neighborhood center. The proposed subdivision is 1.201 net acres and, therefore, is exempt from the requirement of a neighborhood center. 38.220.060.A.16 - Lighting Plan No additional subdivision or street lighting is required or proposed with this application. Supplemental information for a required lighting plan was waived during the pre-application process. 38.220.060.A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be created with this development. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public meeting on September 9, 2025 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, and summarized the public comment submitted to the City prior to the public meeting in the provided staff report. D. The City Commission requested public comment at the public meeting on September 9, 2025 and no public comment was received. E. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 529928 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 18 of 22 Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. F. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. G. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-616, MCA. The preliminary approval of this single-phased major subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2025 BOZEMAN CITY COMMISSION _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 530929 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 19 of 22 _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4, Residential High Density District. The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. The proposed subdivision is appropriate for this zone because the development will provide primarily residential single and multi-household dwellings on individual lots within an established developed area. The site is surrounded by existing City streets and municipal services, including water and sewer, sidewalks, and pedestrian trails. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 531930 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 20 of 22 Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) The subject property is designated as Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 532931 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 21 of 22 Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. This proposed subdivision is well suited to implement the Urban Neighborhood designation by providing residential development in the form of multiple dwelling units on the majority of the lots and either a single detached household or multiple dwelling units on Lot 1. Density and individual uses will be evaluated at the time of development against the R-4 zoning requirements. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1 Support well-planned, walkable neighborhoods. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services with new development. N-1.9 Ensure multimodal connections between adjacent developments. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, Caddis Engineering and Land Surveying, 226 Timberline Drive, Bozeman, MT 59718, representing owners Delaney Indreland Living Trust and The Village Investment Group Inc., 101 E Main Street, Suite D, Bozeman, MT 59715. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting per BMC 38.220.420. The City scheduled a public notice for this application on July 16 16, 2025. The applicant posted a public notice on the subject property on July 24, 2025. The City sent a public notice to physically adjacent landowners of record within 200 feet of the subject property via first-class mail on July 24, 2025. No comments have been received on the proposed subdivision at the time of this report. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Delaney Indreland Living Trust, c/o Michael Delaney and The Village Investment Group Inc., 101 E Main Street, Suite D, Bozeman, MT 59715 Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 533932 25273 Findings of Fact and Order for Parklands Amended Subdivision Page 22 of 22 Applicant: Caddis Engineering and Land Surveying, 226 Timberline Drive, Bozeman, MT 59718 Representative: Caddis Engineering and Land Surveying, 226 Timberline Drive, Bozeman, MT 59718 Report By: Bailey Minnich, Development Review Planner FISCAL EFFECTS Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. ATTACHMENTS The full application and file of record can be viewed digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at https://www.bozeman.net/departments/community-development/planning/project-information- portal, select the “Project Documents Folder” link and navigate to application 25273. Project documents are available at this direct link to the public Laserfiche archive for application 25273. The following documents and drawings are available in the online public archive: • Parklands Amended Subdivision Preliminary Plat • Plat Narrative • Additional Preliminary Plat Supplements Docusign Envelope ID: 320243F4-A940-4354-ABAD-3E3CA0B49AE5 534933 Findings of Fact and Order Sundance Springs Appeal Appeal number 23214 23214 Findings of Fact and Order Overturning the Conditional Approval of the Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan Application 22047 Public Hearing: February 27, 2024 before the Bozeman City Commission Description: Appeal filed by Tim & Nancy Swanson and Geoffrey Poole seeking to overturn the Director of Community Development’s (Director) administrative decision approving site plan application 22047. Project Location: Sundance Springs Sub Ph 1B, S25, T02 S, R05 E, Comm Lot 2 Plat J-257; corner of South 3rd Avenue and Little Horse Drive Staff Contact: Anna Bentley, Director of Community Development Brian Krueger, Development Review Manager Decision: Overturn the Director’s Conditional Approval of Site Plan 22047. (4-1) Report Date: May 13, 2024 On February 27, 2024, the Bozeman City Commission (Commission) held a hearing to consider Appeal #23214 seeking to overturn the Director’s administrative decision approving a site plan application in the Sundance Springs subdivision, Application #22047. This appeal is for the specific application and it is not an appeal interpreting code generally applicable throughout the city. The Commission decided to overturn the Director’s decision. This document memorializes the alternative findings made by a majority of the Commission members in support of the decision to overturn the Director’s conditional approval of site plan application 22047. A video recording of the Commission hearing and the Commission’s decision is posted on the City’s website, found here. Consideration of this agenda item begins at 01:08:20 in the video. Minutes of the Commission meeting are also posted on the City’s website, found here. The City Commission first made the following motion, which failed 1-4: Having reviewed and considered Appeal 23214 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs DocuSign Envelope ID: 397F0701-BE25-400C-9751-6136D4A7E4D5 128934 Page 2 of 3 Subdivision, Phase 1B, Commercial Lot 2 Site Plan application 22047, the record of review, the presentation of staff and the appellant, public comment and all information presented, I move to uphold the decision that the Director of Community Development reflected in her June 28th, 2023 conditional approval letter. Then, the Commission made the following motion, which passed on a 4-1 vote, overturning the Director’s decision: I move to overturn the decision of the Director of Community Development made on June 28, 2023, related to the conditional approval of the Phase 1B, Commercial Lot 2 Site Plan application number 22047. CITY COMMISSION’S FINDINGS: 1. The City had sufficient documents within the surviving record to evaluate site plan application 22047. 2. The Director was correct in applying 2022 Bozeman Municipal Code standards and processes in reviewing the application because site plan application 22047 was deemed adequate in 2022. 3. The design guidelines, which were a required component of the original Sundance Springs PUD approval, are integral to this PUD. In the Sundance Springs PUD, the design guidelines are incorporated within the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property. The Director should have considered and applied the design guidelines for the Sundance Springs PUD, which are incorporated within the Covenants, to this site plan application. 4. The Developer did not demonstrate, as required by 38.250.060.E, that the criteria for approval of the departure from 38.510.020.F.1 related to block frontage standards, were met. The purpose of the standard, to create a comfortable walking environment, was not met. Therefore, the departure allowing the proposed buildings to face a trail proposed to be built on land the Developer does not own may not be approved. COMMISION ORDER: The decision of the Director of Community Development, conditionally approving site plan application 22047, is overturned. Dated this _______ day of _______________________, 2024 DocuSign Envelope ID: 397F0701-BE25-400C-9751-6136D4A7E4D5 May21st 129935 Page 3 of 3 BOZEMAN CITY COMMISSION __________________________________ TERRENCE CUNNINGHAM Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: __________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 397F0701-BE25-400C-9751-6136D4A7E4D5 130936