Loading...
HomeMy WebLinkAbout11-17-2026- City Commission Agendas & Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence or Mindfulness C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, November 17, 2026 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. Adaptive listening devices and handheld microphones are available for use by audience members upon request. How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozemanmt.gov 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 and oral comments are usually limited to three (3) minutes. 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 Public comment on items within the Consent Agenda will be called for prior to the City 1 F.1 Formal Cancellation of the November 24, 2026, Regular City Commission Meeting (Maas) F.2 Accounts Payable Claims Review and Approval (Edwards) F.3 Authorize City Manager to Sign Agreement with Echologics LLC to provide a Leak Monitoring System for City Water Distribution Mains(Pericich) F.4 Authorize the City Manager to Sign a Construction Agreement with 1 Plumbing and Heating for the Parking Garage Sewer Line Reroute Project(Miller) F.5 Authorize the City Manager to Sign the Professional Services Agreement with Hardy Brands for City Brand Refresh Project(Clark) F.6 Authorize the City Manager to Sign Task Order 8 with HDR Engineering Providing Technical Assistance to Lengthen the Solids Loadout Conveyor at the Water Reclamation Facility(Heaston) F.7 Authorize the City Manager to Sign Amendment 2 to the License Agreement for the Use of City Property with New Cingular Wireless PCS(Johnson) F.8 Authorize the City Manager to Sign Amendment One to the Professional Services Agreement with Montana State University's Local Government Center for a Statistically Valid Survey to Support the Integrated Water Resources Plan Update(Ahlstrom) F.9 Authorize the City Manager to Sign an Amendment 9 to the Professional Services Agreement with HDR Engineering Inc for the Bozeman Water Reclamation Facility (WRF) Effluent Irrigation Reuse Project Specifically for Landscaping on the WRF Site(Johnson) F.10 Resolution of Intent to Modify a Special Improvement Lighting District #460 for N 7th Avenue(Hodnett) G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission H. Action Items H.1 Kennel License Appeal: Katherine Miller, 3309 Fieldstone Drive West, Bozeman, Montana Commission vote for approval. Oral comments are usually limited to three (3) minutes. 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 (3) minutes. Written comments can be located in the Public Comment Repository. Public comment on all action items will be called for prior to the City Commission making a motion or conducting discussion. Oral comments are usually limited to three (3) minutes. 2 59715(Swanson) H.2 Authorize the City Manager to Sign and Accept the 2025 Montana Department of Emergency Services (MTDES) HazMat Sustainment Grant Award and the 2025 Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Award(Winn) I. Work Session I.1 Gallatin High School Residential Parking Permit District Work Session (Bailey) J. FYI / Discussion K. Adjournment To be Determined Following the Appeal Hearing. Authorize the City Manager to Sign and Accept the 2025 Montana Department of Emergency Services (MTDES) HazMat Sustainment Grant Award and the 2025 Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Award Public comment on all work sessions will be called for prior to the City Commission conducting discussion. Oral comments are usually limited to three (3) minutes. 3 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Cola Rowley, Assistant City Manager Chuck Winn, City Manager SUBJECT:Formal Cancellation of the November 24, 2026, Regular City Commission Meeting MEETING DATE:November 17, 2026 AGENDA ITEM TYPE:Administration RECOMMENDATION:Approve cancelling the November 24, 2026, Regular City Commission Meeting. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The Mayor has decided not to meet on November 24, 2026. Per Bozeman Municipal Code Sec. 2.02.070.A.4, the Mayor or majority of the Commission may cancel a regular meeting if no business is scheduled for that meeting. This item formalizes this decision to cancel the meeting. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:None. Report compiled on: November 9, 2026 4 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:November 17, 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 November 18, 2026. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: August 21, 2024 5 Memorandum REPORT TO:City Commission FROM:Nick Pericich, Superintendent Water/Sewer Operations Shawn Kohtz, Director of Utility Department SUBJECT:Authorize City Manager to Sign Agreement with Echologics LLC to provide a Leak Monitoring System for City Water Distribution Mains MEETING DATE:November 17, 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:Currently, the City relies on a combination of a manual leak detection survey program and inbound customer calls to identify water distribution main leaks and/or bursts. The entire water distribution system is currently surveyed manually approximately one time each year (spread out through the year). In the past, the City has deployed its manual leak monitoring system to reduce instances of water leaks going undetected for an extended period of time and conserve the City's water resources, unplanned customer outages from pipe breaks, and damage to other infrastructure nearby to water pipes. A request for proposals was issued to select an automated leak detection system to replace the current manual method of leak detection, and Echologics LLC was selected as the most qualified candidate. The Echologics system uses acoustic leak detection with devices that attach to fire hydrants, "listens" for water main leaks nightly, and reports the results to City staff via an automated system. The City initiated a pilot project with Echologics LLC over the past year, and the pilot has been successful to date. Acoustic detectors were installed on approximately 3 percent of the City's water distribution system. In the three-month pilot period, there was an estimated return on investment of approximately $127,000. There were 12 leaks found and repaired during that time frame. This agreement will allow us to continue to use the existing pilot system with future plans of a larger system-wide deployment planned several years out in the capital plan. UNRESOLVED ISSUES:None ALTERNATIVES:Return to manual leak detect procedures and check water mains once per year. 6 FISCAL EFFECTS:The approximate annual fee for this system is currently about $10,000 for the cellular service and monitoring. This has been accounted in the operating budget. Attachments: Exhibit C Echologics Software as a Service Agreement.pdf Exhibit D Pricing.pdf Hydrant_Leak_Monitoring_PSA_SaaS_Final.docx Exhibit A Scope of Services.pdf Exhibit B Cloud Services Questionnaire.pdf Report compiled on: November 4, 2026 7 Exhibit C: Echologics Software as a Service Agreement PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN SOFTWARE AS A SERVICE AGREEMENT Agreement Effective Date: CUSTOMER NAME & ADDRESS (“Customer”): NAME: ADDRESS LINE 1: ADDRESS LINE 2: CITY, STATE, ZIP: This Software as a Service Agreement (this "Agreement"), effective as of the date set forth above (the "Effective Date"), is by and between ECHOLOGICS, LLC, a Delaware limited liability company with offices located at 1200 Abernathy Rd, NE, Suite 1200, Atlanta, GA 30328 ("Provider"), and you, the customer ("Customer"). Provider and Customer may be referred to herein collectively as the "Parties" or individually as a "Party." WHEREAS, Provider and its Affiliates provide advanced water network monitoring, measurement, and control systems through its Software Services platform; WHEREAS, Customer has entered or may enter into a separate agreement with Provider and/or its Affiliate(s), or Provider’s authorized distributor, for certain technology products and/or services which also require the use of Software Services made available by Provider (“Prime Agreement”); and WHEREAS, Customer’s access and use of the Software Services is subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Definitions. (a) “Affiliate(s)” means any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, a party. (b) “Affiliate Product(s)” means Provider Affiliate product(s) which may work in combination with the Software Services. (c) "Aggregated Statistics" means data and information related to Customer's use of the Software Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Software Services. 28 8 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN (d) “Application Programming Interface” or “API” means a set of defined rules that enable different applications to communicate with each other for the purpose of processing data. (e) "Authorized User" means Customer's employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Software Services under the rights granted to Customer pursuant to this Agreement and (ii) for whom access to the Software Services has been purchased hereunder. (f) "Customer Data" means information and data that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Software Services. (g) "Documentation" means Provider's user manuals, handbooks, and guides relating to the Software Services provided to Customer upon its access to the Software Services. (h) “Fees” means the fees paid in relation to the Software Services as set forth in the Prime Agreement. (i) "Provider IP" means the Software Services, the Documentation, and any and all intellectual property provided to Customer or any Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics, algorithmic tools and analysis outputs, and any information, data, or other content derived from Provider's monitoring of Customer's access to or use of the Software Services, but does not include Customer Data. (j) "Software Services" means any application within the online SENTRYXTM software-as-a-service offering for use by Customer and its Authorized User(s). For avoidance of doubt, the Software Services do not include any Provider-managed services. (k) "Third-Party Products" means third-party products which may work in combination with the Software Services. 2. Access and Use. (a) Provision of Access. Subject to and conditioned on Customer's payment of Fees and compliance with all other terms and conditions of this Agreement, Provider hereby grants Customer a non-exclusive, non-transferable right to access and use the Software Services during the Term, solely for use by Authorized Users in accordance with the terms and conditions herein. Such use is limited to Customer's internal use. Provider shall provide to Customer the necessary passwords and network links, mobile device application download links, or connections to allow Customer to access the Software Services. (b) Documentation License. Subject to the terms and conditions contained in this Agreement, Provider hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use the Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Software Services. (c) API. Provider shall make available certain standard APIs for Customer’s use with its systems or services. Customer agrees to not abuse, misuse or exceed the reasonable limitations of the API access. Provider reserves the right to monitor Customer’s API usage and enforce rate limits or other restrictions, such as but not limited to queries, to ensure the stability and optimal performance of the API and the Software Services. Customer acknowledges that the API usage is provided "as-is" and does not come with any warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Provider shall not be liable for any damages, losses, or liabilities arising from Customer's use of the API. In the event of any breach of the API uses permitted by this provision, Provider reserves the right to suspend or terminate Customer’s API access. By utilizing any API, Customer agrees to comply with all applicable laws, regulations, and industry standards related to data protection, privacy, and security. Any API customization and/or integration support beyond Provider’s standard API offering shall be subject to Provider approval and associated consulting and development fees. (d) Use Restrictions. Customer shall not use the Software Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Software Services or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software Services or Documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Software Services, in whole or in part; (iv) remove any proprietary notices from the Software Services or Documentation; or (v) use the Software Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. (e) Reservation of Rights. Provider reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP. (f) Suspension. Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend Customer's and any Authorized User's access to any portion or all of the Software Services if: (i) Provider reasonably determines that (A) there is a threat or attack on any of the Provider IP; (B) Customer's or any Authorized User's use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other customer or vendor of Provider; (C) Customer, or any Authorized User, is using 29 9 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN the Provider IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Provider's provision of the Software Services to Customer or any Authorized User is prohibited by applicable law; (ii) any vendor of Provider has suspended or terminated Provider's access to or use of any third-party services or products required to enable Customer to access the Software Services; or (iii) in accordance with Section 5(a) (a “Service Suspension”). Provider shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Software Services following any Service Suspension. Provider shall use commercially reasonable efforts to resume providing access to the Software Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Provider will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Service Suspension. (g) Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor Customer's use of the Software Services and collect and compile Aggregated Statistics. As between Provider and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. Customer acknowledges that Provider may compile Aggregated Statistics based on Customer Data input into the Software Services. Customer agrees that Provider may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify Customer or Customer's Confidential Information unless otherwise approved in writing by Customer. 3. Customer Responsibilities. (a) General. Customer is responsible and liable for all uses of the Software Services and Documentation resulting by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by Customer will be deemed a breach of this Agreement by Customer. Customer shall use reasonable efforts to make all Authorized Users aware of this Agreement's provisions as applicable to such Authorized User's use of the Software Services, and shall cause Authorized Users to comply with such provisions. (b) Customer Systems. Customer is responsible for (i) the acquisition, set-up and maintenance of its own mobile device and/or desktop computer equipment, as applicable, and the competent operation thereof in accordance with the Documentation; (ii)providing Provider with such access to its computer systems as is necessary for Provider to provide the Software Services; and (iii) providing all cooperation and assistance as Provider may reasonably request to enable Provider to provide the Software Services in connection with this Agreement. (c) Third-Party Products and Affiliate Products. Provider may from time to time allow Third-Party Products or Affiliate Products to work in combination with or to be supported by the Software Services. For purposes of this Agreement, such Third-Party Products and/or Affiliate Products are subject to their own terms and conditions and must be procured by Customer separately from this Agreement. 4. Service Levels and Updates. (a) Service Levels. Subject to the terms and conditions of this Agreement, Provider shall use commercially reasonable efforts to make the Software Services available in accordance with the service levels set forth below: Provider shall ensure that, in each calendar month from the start date of the Software Services (“Availability Period”), the Software Services will have an average availability of 99.5% of the Availability Period as measured from within Provider’s infrastructure environment (the “Availability Target”), as calculated in accordance with the following formula: Software Services Availability = (System Time -Disregarded Downtime) * 100 / System Time “System Time” means the number of hours in the relevant Availability Period. “Disregarded Downtime” means the number of hours of non-availability of the Software Services as measured from within Provider’s infrastructure environment, excluding non-availability caused by: (i) Planned maintenance or outages for which Provider has provided the Customer at least five (5) days’ prior notice; (ii) Any device failure including, without limitation, non-availability or reduced availability of mobile network cover; (iii) Any problem with the internet or the Customer’s internet connection (including any Wi-Fi connection where one is being used); 30 10 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN (iv) Any act or omission by the Customer, or any person acting on behalf of the Customer, which prevents or delays the availability of the hosted services; and/or (v) Any Force Majeure event, including any failure of the internet or an occurrence of another major circumstance or event outside of Provider’s control. Provider reserves the right to take the Software Services offline in order to carry out emergency maintenance, but shall use commercially reasonable efforts to provide the Customer with as much notice as is reasonably possible. Provider cannot guarantee the availability of the cellular, LoRa or other third party-maintained networks on which data communications depend. (b) Updates. Customer acknowledges that the Software Services may from time to time include updates, upgrades and other enhancements which Provider in its sole discretion will make available. All upgrades and testing of the Software Services will be performed at Provider’s discretion. Customer will have no right hereunder to require specific customization of the Software Services, such as access to a prior version level or unique user interface. 5. Fees and Payment. (a) Fees. Customer shall pay the Fees as provided in the Prime Agreement. The applicable purchase order, invoice, schedule, exhibit, attachment, task order, or other ordering document included in the Prime Agreement (“Order”) will establish the original order date for the Software Services (“Order Date”). If Customer fails to pay the Fees when due, without limiting Provider's other rights and remedies, Provider may suspend Customer's and its Authorized Users' access to any portion or all of the Software Services until such amounts are paid in full. (b) Fee Increase. Unless otherwise provided, the Fee for any Renewal Terms(s) (as defined below) shall escalate annually as of each annual anniversary of the Software Services original Order Date by the amount of the prior term’s Fee plus the increase as based upon the U. S. Bureau of Labor Statistics Producer Price Index for Data Processing and Related Services, Hosting, ASP and Other IT Infrastructure Provisioning Services, Series ID: PCU5182105182105, 12-month percent change. The Renewal Fee is based upon the number of active endpoints at the time of Renewal. For any Initial Term longer than one (1) year, the Renewal Fee pricing shall be subject to then-current pricing after the conclusion of the initial Term, followed by application of the index-based escalation as provided above. 6. Confidential Information and Data Privacy. (a) From time to time during the Term, either Party may disclose or make available to the other Party non-public, proprietary information about its business affairs, products, services, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other tangible form, that is reasonably understood from the context of the disclosure, or is affirmatively marked, designated, or otherwise identified as "confidential" (collectively, "Confidential Information"). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; (d) independently developed by the receiving Party; or (e) disclosed under legal compulsion. The receiving Party shall use the Confidential Information solely for the performance of this Agreement and shall not disclose the disclosing Party's Confidential Information to any person or entity, except to the receiving Party's employees who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations hereunder. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (ii) to establish a Party's rights under this Agreement, including to make required court filings. On the expiration or termination of the Agreement, the receiving Party shall promptly return to the disclosing Party all copies, whether in written, electronic, or other form or media, of the disclosing Party's Confidential Information, or destroy all such copies and certify in writing to the disclosing Party that such Confidential Information has been destroyed. Each Party's obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five (5) years from the date first disclosed to the receiving Party; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. (b) Data Privacy and Security. (i) By Provider. Without limiting Provider’s obligation of confidentiality as further described herein, Provider will use commercially reasonable efforts to establish and maintain a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that is designed to: (a) ensure the security and confidentiality of the Customer Data; (b) protect against any anticipated threats or hazards to the security or integrity of 31 11 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN the Customer Data; (c) protect against unauthorized disclosure, access to, or use of the Customer Data; (d) ensure the proper disposal of Customer Data; and, (e) ensure that all employees, agents, and subcontractors of Provider, if any, comply with all of the foregoing. (ii) Data Protection. Each Party shall comply with all laws and regulations applicable to the processing of personal data in connection with any transactions related to this Agreement which may be applicable, including any other legal requirements related to (a) privacy and data security, and (b) the use, collection, retention, storage, security, disclosure, transfer, disposal and other processing of personal data (“Privacy Laws”). Unless otherwise agreed in the Prime Agreement, Customer consents to the storage of Customer Data on a Provider server located in the United States or Ireland. Customer is responsible for obtaining any necessary authorizations and consents prior to disclosing Customer Data to Provider or to any third party. The terms “controller”, “personal data” and “processing” used in this section shall have the meaning set out in the applicable Privacy Laws. Either Party may use personal data consisting of ordinary business contact data (e.g., name, phone number, email address, etc.) in its capacity as a controller or processor strictly in accordance with applicable Privacy Laws in the normal course of business but only for the purpose of administration of the Party’s business relationship and performance of their obligations under this Agreement. 7. Intellectual Property Ownership; Feedback. (a) Provider IP. Customer acknowledges that, as between Customer and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP, and with respect to Third-Party Products or Affiliate Products, the applicable third-party or Affiliate owns all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products or Affiliate Products. (b) Customer Data. Provider acknowledges that, as between Provider and Customer, Customer owns all right, title, and interest in and to the Customer Data. Customer hereby grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Provider to provide the Software Services to Customer, and a non-exclusive, perpetual, irrevocable, royalty- free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Data within the Aggregated Statistics. Provider may share Customer Data with its Affiliates as necessary to provide the Software Services or to allow one to make available other services to Customer it may benefit from. (c) Feedback. If Customer or any of its employees or contractors sends or transmits any communications or materials to Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), Provider is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns to Provider on Customer's behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Provider is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Provider is not required to use any Feedback. 8. Limited Warranty. (a) Provider warrants that the Software Services will conform in all material respects to the service levels set forth in Section 4(a) when accessed and used in accordance with the Documentation. Provider does not make any representations or guarantees regarding uptime or availability of third party networks such as but not limited to datacenter hosting or cellular or other connectivity. Any failure by Provider to meet the Availability Period shall entitle Customer to a term extension of Software Services for the period of time the Availability Period was not achieved. The remedy set forth in in this Section 8(a) is Customer's sole remedy and Provider's sole liability, and no Provider failure to maintain the Availability Period at any time shall be deemed a breach of this Agreement. THE FOREGOING WARRANTY DOES NOT APPLY, AND PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR AFFILIATE PRODUCTS. (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 8(a), THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND ON A “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT AND SYSTEM INTEGRATION, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 8(a), PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE PROVIDER IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE SERVICES IS AT CUSTOMER’S RISK. PROVIDER DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR ANY THIRD-PARTY PRODUCTS OR SERVICES OR AFFILIATE PRODUCTS OR SERVICES. 9. Indemnification. 32 12 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN (a) Provider Indemnification. (i) Provider shall indemnify, defend, and hold harmless Customer from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) ("Losses") incurred by Customer resulting from any third-party claim, suit, action, or proceeding ("Third-Party Claim") that the Software Services, or any use of the Software Services in accordance with this Agreement, infringes or misappropriates such third party's intellectual property rights, patents, copyrights, or trade secrets, provided that Customer promptly notifies Provider in writing of the claim, cooperates with Provider, and allows Provider sole authority to control the defense and settlement of such claim. (ii) If such a Third-Party Claim is made or appears possible, Customer agrees to permit Provider, at Provider's sole discretion, to (A) modify or replace the Software Services, or component or part thereof, to make it non-infringing, or (B) obtain the right for Customer to continue use. If Provider determines that neither alternative is reasonably available, Provider may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer, and refund Customer any pre-paid Fees on a pro rata basis as of the time of termination. (iii) This Section 9(a) will not apply to the extent that the alleged infringement arises from: (A) use of the Software Services in combination with data, software, hardware, equipment, or technology not provided by Provider or authorized by Provider in writing; (B) modifications to the Software Services not made by Provider; (C) Customer Data; or (D) Third- Party Products. (b) Customer Indemnification. Customer shall indemnify, hold harmless, and, at Provider's option, defend Provider from and against any Losses resulting from any Third-Party Claim that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party's intellectual property rights, and any Third-Party Claims based on Customer's or any Authorized User's (i) failure to obtain any necessary consents in accordance with the Privacy Laws; (ii) negligence or willful misconduct; (iii) use of the Software Services in a manner not authorized by this Agreement; (iv) use of the Software Services in combination with data, software, hardware, equipment, or technology not provided by Provider or authorized by Provider in writing; or (v) modifications to the Software Services not made by Provider, provided that Customer may not settle any Third-Party Claim against Provider unless Provider consents to such settlement, and further provided that Provider will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice. (c) Sole Remedy. THIS SECTION 9 SETS FORTH CUSTOMER'S SOLE REMEDIES AND PROVIDER'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SOFTWARE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 10. Limitations of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, LIQUIDATED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. 11. Term and Termination. (a) Term. The initial term of this Agreement begins on the Order Date and will continue in effect for one (1) year (the "Initial Term"), whereupon it will automatically renew for additional successive one (1) year terms unless earlier terminated pursuant to this Agreement's express provisions or either Party gives the other Party written notice of non-renewal at least 90 days prior to the expiration of the then-current term (each a "Renewal Term"). (b) Termination. In addition to any other express termination right set forth in this Agreement: (i) Provider may terminate this Agreement, effective on written notice to Customer, if Customer: (A) fails to pay any amount when due hereunder, and such failure continues more than thirty (30) days after Provider's delivery of written notice thereof; or (B) breaches any of its obligations under Section 2(c) or Section 6; (ii) either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured thirty (30) days after the non-breaching Party provides the breaching Party with written notice of such breach; or (iii) either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other Party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, 33 13 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. (c) Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, Customer shall immediately discontinue use of the Provider IP and, without limiting Customer's obligations under Section 6, Customer shall delete, destroy, or return all copies of the Provider IP and certify in writing to the Provider that the Provider IP has been deleted or destroyed. No expiration or termination will affect Customer's obligation to pay all Fees that may have become due before such expiration or termination or entitle Customer to any refund. (d) Survival. This Section 11(d) and Sections 1, 5, 6, 7, 8(b), 9, 10, and 12 survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement. 12. Miscellaneous. (a) Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Orders, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. (b) Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") must be in writing and addressed to the Parties at the addresses set forth on the first and/or last page of this Agreement (or to such other address that may be designated by the Party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only: (i) upon receipt by the receiving Party; and (ii) if the Party giving the Notice has complied with the requirements of this Section. (c) Force Majeure. In no event shall Provider be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Provider's reasonable control, including but not limited to acts of God, any natural disaster, epidemic, pandemic (including, but not limited to, COVID-19), explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances such as but not limited to failures or fluctuations in electrical power, telecommunications equipment or hosting services, or passage of law, order, regulation or any action taken by a governmental or public authority, including imposing an embargo. (d) Amendment and Modification; Waiver. This Agreement may not be amended or modified orally but only through a written amendment that is signed by each Party. No waiver of any right or duty under this Agreement will be effective, and no course of dealing will be binding on either Party, unless set forth in writing and signed by both Parties. (e) Severability. If any provision of this Agreement is void or unenforceable: (i) the Parties agree to replace such void or unenforceable provision with a replacement provision that most nearly approximates the outcome intended by the void or unenforceable provision, and (ii) such invalidity or enforceability will not affect the validity or enforceability of any other provision hereof. (f) Governing Law; Submission to Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware. In the event of a dispute the Parties may mutually agree to resolve the dispute by direct negotiation, mediation, or non-binding arbitration. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted in the state or federal courts of the State of Georgia, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. The Parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of where the Parties do business or are incorporated. (g) Assignment. Neither Party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of Provider provided, however, that each Party may assign its rights and obligations hereunder to an Affiliate. Any purported assignment or delegation in violation of this Section will be null and void. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns. (h) Compliance with Laws/Export Regulation. The Parties will comply with all applicable laws, regulations and codes, including procurement of permits and licenses, when needed, of their respective states, territories, provinces, and/or countries in the performance of this Agreement, provided such is not in violation of the U.S. Government’s Export and Anti-boycott Rules and Regulations. The Software Services and related technical information, documents and materials are subject to export controls under the U.S. Export Administration Regulations and other applicable laws. Customer will (a) comply strictly with all legal requirements established under these controls; (b) cooperate fully with Provider in any audit or inspection that relates to these controls; and (c) not export, re-export, divert or transfer, directly or indirectly, any such item to any country or 34 14 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN person who or which is embargoed by Executive Order or any applicable law, including any rules, regulations or policies promulgated thereunder. (i) US Government Rights. Each of the Documentation and the software components that constitute the Software Services is a "commercial product" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if Customer is an agency of the US Government or any contractor thereof, Customer only receives those rights with respect to the Software Services and Documentation as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government users and their contractors. (j) Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Section 2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise. (k) Publicity. Neither Party may release any information to third parties, make any public statements about this Agreement or otherwise use the other Party’s name, logo or trademarks without the other Party’s express written consent. (l) Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. IN WITNESS WHEREOF, each of the parties has caused this Agreement to be signed and delivered by its duly authorized representative. PROVIDER CUSTOMER By: By: Name: Adam Donnelly Name: Title: President Title: 35 15 Exhibit D: Pricing PROPOSAL: 42226XXX The City of Bozeman previously installed the EchoShore®-DX leak monitoring system and would like to expand their system to provide more leak detection coverage in their disctrict. Pricing provided is to expand leak monitoring coverage for the City of Bozeman. Exact project scope area has been discussed with the Bozeman and Echologics teams but the adjacency needed to get exact node palcement is yet to be provided. Exact node locations and adjacency will be competed with the receipt of the appropriate GIS files. 1. INVESTMENT INFORMATION Table 1 outlines the investment information for the EchoShore®-DX leak monitoring system. EchoShore®-DX Leak Monitoring System Equipment Fees Item Description Price Unit EchoShore®-DX Nodes 2026 $1,226 Per node EchoShore®-DX Nodes 2027 $1,288 Per node EchoShore®-DX Nodes 2028 $1,352 Per node Monitoring Fees Item Description List Price Unit 1 Year Managed Monitoring Services $106 Per node for 12 months 3 Year Managed Monitoring Services $302 Per node for 3 years 3 Year Managed Monitoring Services ANNUAL COST through 2028 $100.67 Per node for 12 months with 3 year monitoring contract Table 1 -Investment Information for System Purchase The pricing is in USD and valid through 12/16/2026. Prices do not include any applicable taxes. Product prices are ExWorks Echologics. Should any civil works or traffic control be required for installation, this would be the responsibility of the City of Bozeman. 2 16 Agreement for Professional Services and Software as a Service Page 1 of 19 PROFESSIONAL SERVICES AND SOFTWARE AS A SERVICE AGREEMENT THIS AGREEMENT is made and entered into this 17th day of November, 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, Echologics LLC, with a mailing address of 1200 Abernathy Road NE Suite 1200 Atlanta, Georgia 30328, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the Parties agree as follows: 1. Definitions: a. “Aggregated Statistics” means data and information related to the City's use of the Services that is used by Contractor in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. b. “Authorized User” means the City's employees, consultants, contractors, and agents (i) who are authorized by the City to access and use the Services under the rights granted to the City pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. c. “Confidential Information” means, subject to Montana’s Open Records Law, all written or oral information, disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. With respect to the City, Confidential Information must also include any and all information transmitted to or stored by Contractor in connection with performance of its obligations under this Agreement, including, but not limited to, personally identifiable information (“PII”) of residents, employees or people included within the City’s data, including name, address, phone number, e-mail address, date of birth, social security number, patient records, credit card information, driver’s license number, account numbers, PINs and/or passwords, any other information that could reasonably identify a person, and products, confidential intellectual property, trade secrets, third-party confidential information, and other 17 Agreement for Professional Services and Software as a Service Page 2 of 19 sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, and whether or not marked, designated, or otherwise identified as “confidential.” Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party without reference to or use of the disclosing Party’s Confidential Information. d. “City's Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of the City or an Authorized User through the Services, including, without limitation, the City's meter data and other energy data related to the City's facilities located in the State of Montana. This information, data, and content may also include that which is considered Confidential Information. e. “Data Incident” means a breach of the City or the Contractor’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the City’s Data through the Services licensed to the City by the Contractor. f. “Documentation” means Contractor’s user manuals, handbooks, and guides relating to the Services provided by Contractor to the City either electronically or in hard copy form/end user documentation relating to the Services. g. “Intellectual Property Rights” or “IP Rights” means any and all rights that may exist under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, whether or not such rights are registered or perfected. h. “Contractor IP” means the Services, the Documentation, and any and all intellectual property provided to the City or any Authorized User in connection with the foregoing. For the avoidance of doubt, Contractor IP includes Aggregated Statistics and any information, data, or other content derived from Contractor’s monitoring of the City's access to or use of the Services, but does not include the City's Data. i. “Services” means the Sentryx software-as-a-service license described in the Scope of Services. See attached Exhibit A. j. “System” means the Ecoshore-Dx Leak Monitoring System described in the Scope of Services. See attached Exhibit A. 2. Purpose: City agrees to enter this Agreement with Contractor to perform for City the System and Services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 18 Agreement for Professional Services and Software as a Service Page 3 of 19 3. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire one year from the Effective date, unless earlier terminated in accordance with this Agreement. 4. Scope of Services: Contractor will perform the work and provide the System and Services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 5. Access and Use: a. Provision of Access to Services. Subject to and conditioned on the City's payment of fees and compliance with the terms and conditions of this Agreement, Contractor grants the City a non-exclusive, non-transferable license to the Services during the Term. This license to the Services is solely for use by the City and its Authorized Users and must be accessed and used in accordance with the terms and conditions set forth in this Agreement, and the Contractor’s Software as a Service Agreement, attached as Exhibit C, where there are no conflicting terms. Unless otherwise agreed upon and detailed in the Scope of Services, such access and use is limited to the City's internal use. If applicable, Contractor must provide to the City the necessary passwords and network links or connections to allow the City to access the Services. b. Documentation License. Subject to the terms and conditions contained in this Agreement, Contractor grants to the City a non-exclusive, non-sublicensable, non- transferable license to use the Documentation during the Term solely for the City's internal business purposes in connection with its use of the System and Services. c. Designated Authorized Users. The City may designate the number of Authorized Users permitted to access the Services. d. Reservation of Rights. Contractor reserves all rights not expressly granted to the City in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to the City or any third party any intellectual property rights or other right, title, or interest in or to the Contractor IP. e. Suspension. Notwithstanding anything to the contrary in this Agreement, Contractor may temporarily suspend the City's and any Authorized User’s access to any portion or all of the Services if: 19 Agreement for Professional Services and Software as a Service Page 4 of 19 i. Contractor reasonably determines 1) there is a threat or attack on any of the Contractor IP; 2) the City's or any Authorized User’s use of the Contractor’s IP disrupts or poses a security risk to the Contractor IP or to any other Customer or vendor of Contractor; 3) the City, or any Authorized User, are using the Contractor IP for fraudulent or illegal activities; or 4) Contractor’s provision of the Services to the City or any Authorized User is prohibited by applicable law; or ii. any vendor of Contractor has suspended or terminated Contractor’s access to or use of any third-party services or products required to enable the City to access the Services. Contractor must use commercially reasonable efforts to provide written notice within five (5) business days prior to any planned Service Suspension to the City and provide updates regarding resumption of Services following any Service Suspension. Contractor must use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Contractor may be subject to liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that the City or any Authorized User may incur as a result of a Service Suspension. f. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Contractor may monitor the City's use of the Services, and collect and compile Aggregated Statistics. As between Contractor and the City, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Contractor. The City acknowledges that Contractor may compile Aggregated Statistics based on the City's Data input into the Services. The City agrees that Contractor may: 1) make Aggregated Statistics publicly available in compliance with applicable law, and 2) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify the City or the City's Confidential Information. 6. Payment: City agrees to pay Contractor the amount specified in Exhibit D - Pricing. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in Exhibit D - Pricing. The City must agree in writing upon any additional charges. 7. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the 20 Agreement for Professional Services and Software as a Service Page 5 of 19 Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to provide the System and perform the Services required by this Agreement; that it will perform the Services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. c. Contractor must ensure the System and Services delivered under this Agreement are adequately secure and must provide a secure environment for all of the City’s Confidential Information that it may obtain, which may include, but is not limited to any hardware and software (including servers, network and data components) to be provided or used by the Contractor as part of its performance under this Agreement. Contractor represents that the security measures it takes in performance of its obligations under this Agreement are, and at all times, will remain, in compliance with all applicable laws and regulations governing Contractor’s access to, use of, and handling of the City’s Data. d. If Contractor creates a new version of the System or Services, it must make the new version available to the City at no additional cost. Contractor must also provide the City with any additional features or functionalities of the Services that it may develop at no additional cost to the City. 8. Security: Contractor must provide a secure environment for all of the City’s Confidential Information and any hardware and Software (including servers, network, and data components) to be provided or used by Contractor as part of its performance under this Agreement. Contractor represents that the security measures it takes in performance of its obligations under this Agreement are, and will at all times remain, in agreement with the industry’s minimum standards. Contractor’s failure to comply with the industry’s minimum standards in fulfilling its obligations under this Agreement constitutes a breach of this Agreement. Additionally, Contractor must contractually require any subcontractors or agents with access to the City’s Confidential Information to adhere to such Security Best Practices. 9. Independent Contractor Status/Labor Relations: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation 21 Agreement for Professional Services and Software as a Service Page 6 of 19 or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third Parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 10. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to 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 third-party 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, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. 22 Agreement for Professional Services and Software as a Service Page 7 of 19 For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion 23 Agreement for Professional Services and Software as a Service Page 8 of 19 for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City. Contractor shall furnish to the City an accompanying certificate of insurance in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident;  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and  Cyber Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be listed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form reasonably suitable to City. Contractor shall provide City with notice of cancellation or non- renewal within thirty (30) days of such event. Contractor shall notify City within thirty (30) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all certificates of insurance prior to the Contractor commencing work. 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, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. 24 Agreement for Professional Services and Software as a Service Page 9 of 19 c. Any termination provided for by this Section 11 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 11, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost 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 the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 12, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 12(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Limitation on Damages; Time for Asserting Claim: a. Contractor’s Damages. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. Damages are limited to two times (2X) the money paid 25 Agreement for Professional Services and Software as a Service Page 10 of 19 to Contractor under this agreement during the prior twelve (12) month period preceding the event or circumstances first giving rise to such liability. This limitation of liability is cumulative and not per-incident. Damages caused by injury to persons or tangible property, or arising from any Contractor indemnification under this Agreement, are not subject to a cap on the amount of damages. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. b. City’s Damages. In the event of a claim for damages by City under this Agreement, City’s damages shall be limited to contract damages and City 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. Damages caused by injury to persons or tangible property, or arising from any Contractor indemnification under this Agreement, are not subject to a cap on the amount of damages. 14. Audit Right: Contractor must retain a certified public accounting firm to perform an annual audit of the Services’ data protection features and to provide a SOC 2 Type II report, pursuant to the current standards of the American Institute of Certified Public Accountants. In addition, Contractor must annually conduct its own internal security audit and address security gaps. Contractor must give the City a copy of the most current report from each audit conducted within five (5) business days of receiving the report. If requested by the City, Contractor must, on a bi-annual basis, permit security reviews by the City on those systems storing or processing City Data, on Contractor policies and procedures relating to the foregoing, including without limitation its information security programs, and permit testing of all security processes and procedures during the term, including without limitation, penetration testing. Contractor or its nominee (including its accountants and auditors) may, on reasonable request, inspect and audit the City's use of the Services under this Agreement at any time during the Term. The City must make available all books, records, equipment, information, and personnel, and provide all such cooperation and assistance, as may reasonably be requested by or on behalf of Contractor with respect to such audit. 15. General Use Restrictions: Copies of the Services created or transferred pursuant to 26 Agreement for Professional Services and Software as a Service Page 11 of 19 this Agreement are licensed and may only be used as set forth in this Agreement. The City does not receive any rights to the Services other than those specifically granted in this Agreement and its incorporated exhibits. Other than what is expressly permitted by the terms of this Agreement, the City and its authorized users must not directly or indirectly copy or reproduce all or any part of the Services, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of presentation, style or organization, without Contractor’s prior written permission. However, notwithstanding this restriction, the City has the right to reproduce and distribute any of the Services generated from the City’s Data. Without limiting the above restriction and right, the City receives no right to and must not: a. copy, modify, create derivative works from, distribute, publicly display, or publicly perform the Application; b. sublicense or otherwise transfer any of the rights granted to it in this Agreement and the Scope of Services; c. reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Application; d. remove any proprietary notices from the Services or Documentation; or e. use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. 16. Resources and Support: Contractor must, throughout the Term, make available such resources, including Contractor personnel, as are reasonably required to: a. train designated employee(s) of the City in the use of the Services; b. develop modifications to the Services as agreed to by the Parties in any exhibit attached to this Agreement; and c. Contractor must provide technical support to the City as described in Exhibit A, Scope of Services, for the duration of this Agreement. 17. Transition Assistance: The Contractor must provide transition assistance to the City when requested in writing. Upon termination of this Agreement for any reason, including but not limited to termination for cause, the Contractor must assist the City in the orderly transition to a new Contractor. The City must have access to the Contractor’s support of the System and Services for up to one (1) year following termination. In this instance, for up to one (1) year following termination, the City must pay the Contractor at its then-current hourly rate(s). The Contractor grants the City a perpetual right to use the System and Services if any one of the following occurs: (a) Contractor’s insolvency, bankruptcy, or involvement in an involuntary 27 Agreement for Professional Services and Software as a Service Page 12 of 19 proceeding for protection of its creditors; (b) Contractor materially breaches this Agreement and the City terminates the Agreement; (c) Contractor fails to continue development of the Services; (d) Contractor fails to provide the City with the most recent version of the Services contained in the Application; or (e) any other circumstance whereby Contractor can no longer satisfy its obligation to provide Services to the State under this Agreement. 18. Confidential Information: a. From time to time during the Term, a Party to this Agreement may disclose or make available to the other Party Confidential Information, as defined in Section 1 of this Agreement, about its business affairs. The receiving Party must not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s Authorized Users who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations established in this Agreement. b. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required: i. in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order must first have given written notice to the other Party; ii. to establish a Party’s rights under this Agreement, including to make required court filings; or iii. to any Authorized User who may need to access Confidential Information in order to facilitate or execute the purpose of this Agreement. c. Unless otherwise required by law, each Party must not disclose Confidential Information to any other third party not otherwise identified in this agreement without the other Party’s prior written consent. Each Party’s obligations of non-disclosure regarding Confidential Information are effective as of the Effective Date, survive this Agreement, and do not terminate. However, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. d. Each Party must protect Confidential Information with the same degree of care it uses to protect its own Confidential Information with of similar nature and importance, but with no less than reasonable care. Each Party agrees to promptly notify the other Party if there is a misuse or misappropriation of Confidential Information. 28 Agreement for Professional Services and Software as a Service Page 13 of 19 19. Intellectual Property Ownership; Feedback: a. Contractor IP. The City acknowledges that, as between the City and Contractor, Contractor owns all right, title, and interest, including all intellectual property rights, in and to the Contractor IP. b. The City's Data. Contractor acknowledges that, as between Contractor and the City, the City owns all right, title, and interest, including all intellectual property rights, in and to the City's Data. The City grants to Contractor a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the City's Data and perform all acts with respect to the City's Data as may be necessary for Contractor to provide the System and Services to the City. The City also grants to Contractor a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display the City's Data incorporated within the Aggregated Statistics. Unless the City provides written consent, Contractor must not access or use the City’s Data for any other purpose than as described in this Agreement. c. Feedback. If the City or any of its Authorized Users sends or transmits any communications or materials to Contractor by mail, email, telephone, or otherwise, suggesting or recommending changes to the Contractor IP, including without limitation, new features or related functionality, or any comments, questions, suggestions, or the like (“Feedback”), Contractor may use the City’s Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. 20. Data Location: Contractor must not transfer the City’s Data outside of United States, except for Canada, or the Contractor’s location as identified in the first paragraph of this Agreement unless it receives the City’s prior written consent or unless the transfer is to the Contractor’s data center and such transfer is necessary for the execution of the Services. 21. Access to Data: The City may access and copy any of the City’s Data in Contractor’s possession at any time. Contractor must reasonably facilitate such access and copying promptly after Customer’s request. In this instance, Contractor may charge its reasonable standard fees for any such access and copying or for any fees related to the de-conversion of data. 22. Deletion of Data: Except as authorized by applicable law, Contractor must not erase the City’s Data or any copy without the City’s prior written consent. 23. Data Incidents: Contractor must implement and maintain a program for managing 29 Agreement for Professional Services and Software as a Service Page 14 of 19 unauthorized disclosure, access to, or use of the City’s Data. In case of a Data Incident, Contractor must notify the City, in writing or by phone, within 48-hours of the incident. Contractor must cooperate with the City and law enforcement agencies to investigate and resolve the Data Incident, including but not limited to providing reasonable assistance to the City in notifying injured third Parties. 24. Functional Warranty: Contractor warrants that the System and Services, including any modifications that are made by Contractor or under Contractor’s instructions do not contain any material defects, and will conform in all material respects to the specifications, functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the Documentation, which are all incorporated herein by reference. Contractor further warrants that all post-acceptance updates, alterations, or modifications to the System or Services will not materially diminish the features or functionality of the System and Services. Contractor must promptly correct any errors identified by the City in the System and Services, and in any modification to the System and Services at no cost to the City. If, Contractor is unable to correct such errors within 30 days following notification by the City, then Contractor must at the City’s request accept return of the System and Services and return all money paid for the System and Services and maintenance. The City may also pursue any other remedies available to it under this Agreement or by law or equity. 25. Virus Warranty: Contractor warrants that it has used commercially reasonable efforts to ensure against introduction of any virus into the City’s systems. Contractor must immediately advise the City, in writing, upon reasonable suspicion or actual knowledge that the Services may contain a virus. If a virus is found to have been introduced into the City’s systems by the Services within 30 days after the Effective Date of this Agreement, Contractor must repair or replace the Services within ten (10) business days. If Contractor cannot accomplish the foregoing within such time, then the City must discontinue use of the Services, and Contractor must refund all money paid for the Services and maintenance as set forth in the Scope of Services. See Exhibit A. Contractor must use all reasonable commercial efforts, at no additional charge, to assist the City in reducing the effects of the Virus and, if the Virus causes a loss of operational efficiency or loss of data, to assist the City to the same extent to mitigate and restore such losses. In addition, Contractor must indemnify, defend, and hold the City harmless from any claims, suits, damages, liabilities, losses, and reasonable attorney fees resulting from any such Viruses. 26. Remedy for When System or Services are Subject of a Claim: If the System and/or Services furnished are likely to or does become the subject of a claim of infringement of a third party’s IP Rights, then the Contractor may request the City accept an alternative System or Service and the City may agree to one of the following alternative: 1) procure for the City the right to continue using 30 Agreement for Professional Services and Software as a Service Page 15 of 19 the alleged infringing System or Service; 2) modify the System or Service so that it becomes non- infringing; 3) or replace it with one that is at least functionally equivalent. If the Contractor is unable to any of the above three remedies, or if the use of the System or Service by the City is prohibited by an injunction, temporary restraining order, or other court order, the City must return the System and Services to the Contractor within five (5) days of receiving Contractor’s request in writing. The Contractor must then give the City a credit equal to the amount paid to the Contractor for the creation of the System and Services. The City is not precluded from seeking other remedies available agreed upon in this Agreement or in equity or law for any damages it may sustain due to its inability to continue using the Services. 27. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nick Pericich or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be General Counsel or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 31 Agreement for Professional Services and Software as a Service Page 16 of 19 28. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 29. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 30. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 31. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, 32 Agreement for Professional Services and Software as a Service Page 17 of 19 by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 32. 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. 33. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 34. 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. 35. 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. 33 Agreement for Professional Services and Software as a Service Page 18 of 19 36. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 37. 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. 38. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 39. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular sections to which they refer. 40. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 41. Applicable Law: The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 42. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 43. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the Parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 44. Counterparts: This Agreement may be executed in counterparts, which together 34 Agreement for Professional Services and Software as a Service Page 19 of 19 constitute one instrument. 45. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the Parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the Parties. There are no understandings between the Parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 46. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 47. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years from the Effective Date. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ECHOLOGICS LLC By________________________________ By__________________________________ Chuck Winn, City Manager Adam Donnelly, VP Smart Infrastructure APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 35 Exhibit A: Scope of Services From: Kyle Novak To: Bozeman Procurement Cc: Mike Uthe, M. Eng.; Laura Dority Subject: [EXTERNAL]Hydrant Leak Monitoring System - Echologics LLC - November 12 2024 - 3:00PM MST Date: Monday, November 11, 2024 11:28:24 AM Attachments: Echologics LLC - Hydrant Leak Monitoring RFP Response.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. Dear Mr. Maas, Please accept our submission for the Hydrant Leak Monitoring System RFP. Attached is our submission document. Can you please kindly acknowledge receipt of this document for our records? Sincerely, Kyle Novak Kyle Novak Sales Support Supervisor 21 Randolph Ave Toronto, Ontario M6P 4G4 office: 416.534.5893 | mobile: 416.948.8141 | muellerwp.com Mueller refers to one or more of Mueller Water Products, Inc., a Delaware corporation ("MWP"), and its subsidiaries. MWP and each of its subsidiaries are legally separate and independent entities when providing products and services. MWP does not provide products or services to third parties. MWP and each of its subsidiaries are liable only for their own acts and omissions and not those of each other. Mueller brands include Mueller®, Echologics®, Hydro Gate®, Hydro-Guard®, HYMAX®, i2O®, Jones®, Krausz®, Mi.Net®, Milliken®, Pratt®, Pratt Industrial®, Sentryx™, Singer®, and U.S. Pipe Valve & Hydrant. Please see muellerwp.com/brands to learn more. This message contains confidential information and is intended only for the individual(s) named. If you are not a named addressee, you should not disseminate or copy this email. You cannot use or forward any attachments in the email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. 36 Echologics, LLC Toll Free: 1-800-423-1323 1200 Abernathy Rd, Suite 1200, Fax: +1.905-612-0201 Atlanta, GA, 30328, USA www.echologics.com PROPOSAL FOR CITY OF BOZEMAN EchoShore®-DX Permanent Leak Detection – Distribution Monitoring System Prepared for: City of Bozeman Prepared by: Mike Uthe Echologics, LLC Proposal Number: 42224132 Date: 11/12/2024 MUELLER® | ECHOLOGICS® | HYDRO GATE® | HYDRO-GUARD® | HYMAX® | JONES® | KRAUSZ ® | MI.NET® | MILLIKEN® | PRATT® | SINGER® | U.S. PIPE VALVE AND HYDRANT F 14076 3/19 37 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 11/12/2024 City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 Re: EchoShore®-DX Leak Monitoring Service Dear Selection Commitee, Echologics, LLC (“Echologics”) is pleased to offer the City of Bozeman (Bozeman) the EchoShore®-DX leak monitoring system for the monitoring of non-plastic water distribution pipes throughout the city. We understand that in order to drive down overall water consumption, Bozeman is looking towards solutions that actively reduce non-revenue water and keep that number down. Our active leak detection system not only detects existing leaks in the system, but quickly detects new and emerging leaks to significantly reduce the overall runtime of leaks in your water network from months to a few days. EchoShore®-DX is designed to improve service by detecting emerging leaks and enabling them to be repaired before they progress into bursts. EchoShore®-DX leak monitoring system includes the following features: 1. Leak sensors are integrated into caps of existing or new fire hydrants to match the utilities custom design, with zero impacts to customers, fire services, and water operations staff. 2. Communications are available on the latest generation 4G wireless network. 3. Installing leak monitoring sensors above ground in the fire hydrant cap you get a reliable acoustic connection to the water network while avoiding the deposits and harsh conditions often found in valve boxes that can degrade performance and accelerate sensor wear out. 4. While the industry standard for acoustic leak monitoring is to report distribution leaks after 2 – 4 days, the EchoShore®- DX can deliver rapid, reliable leak alerts on pipes with high levels of business risk exposure, in as little as 4 hours. 5. Echologics leverages machine learning algorithms to highlight actual leaks to the utility. With the highest hit rate in the industry, users can rely on intelligent and useful data in their leak alerts. 6. With over 40,000 endpoints operating nationwide, EchoShore®-DX is a proven technology that delivers results for asset management and non-revenue water projects. 7. The EchoShore®-DX can also integrate with Mueller’s water intelligence platform Sentryx, that transforms data to provide utilities with insight into the health of their distribution system in order to make informed operational and maintenance decisions. The user interface can display important information about pressure, flow leakage, chlorine, and ph. 8. The EchoShore®-DX is built in the USA. Service and support are available from Mueller staff at local offices across the country. We look forward to your feedback on the proposed deployment of EchoShore®-DX in Bozeman’s water system. Yours truly Echologics, Mike Uthe, Western Sales Manager 19019 Frontage Road Belgrade, MT 59714 406-223-2192 MUthe@muellerwp.com 38 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN TABLE OF CONTENTS Table of Contents ...................................................................................................................................................................................... 3 1 Project Understanding – Business Case..........................................................................................................................................4 2 EchoShore®-DX Leak Monitoring System Description ....................................................................................................................4 2.1 Components............................................................................................................................................................................... 5 2.2 Function and Operation............................................................................................................................................................. 6 2.2.1 End of Life.......................................................................................................................................................................... 6 2.3 Installation ................................................................................................................................................................................. 6 2.4 Unit Price and Guarantees........................................................................................................................................................6 3 Leak Alerts and System Performance..............................................................................................................................................6 3.1 Leak Alert Process..................................................................................................................................................................... 7 3.2 Acoustic Leak Detection Performance .....................................................................................................................................7 3.3 Leak classification performance...............................................................................................................................................7 3.4 Time to Leak Notification .......................................................................................................................................................... 9 4 Support and Training.......................................................................................................................................................................10 5 Experience Requirements...............................................................................................................................................................12 5.1 References...............................................................................................................................................................................12 5.1.1 Aspen, CO.........................................................................................................................................................................12 5.1.2 Omaha, NE.......................................................................................................................................................................12 5.1.3 Big Sky, MT.......................................................................................................................................................................12 6 Organizational Longevity.................................................................................................................................................................12 7 Warranty...........................................................................................................................................................................................13 8 Investment Information...................................................................................................................................................................13 8.1 Pricing Guarantee....................................................................................................................................................................14 Appendix A: Affirmation of Nondiscrimination .......................................................................................................................................15 Appendix B: Cloud Services Questionnaire ............................................................................................................................................16 Appendix C: Mueller’s MASTER SERVICES AGREEMENT -TERMS AND CONDITIONS .........................................................................18 8.2 EXHIBIT A -GLOSSARY OF TERMS .........................................................................................................................................24 8.3 EXHIBIT B .................................................................................................................................................................................25 8.4 EXHIBIT C .................................................................................................................................................................................26 8.5 EXHIBIT D.................................................................................................................................................................................27 8.6 EXHIBIT E -Exceptions.............................................................................................................................................................36 8.7 EXHIBIT F – SaaS Agreement..................................................................................................................................................28 39 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 1 PROJECT UNDERSTANDING – BUSINESS CASE American cities like Bozeman are expanding at unprecedented rates. In an effort to reduce demand on the groundwater table and aquifers without asking their customers to reduce water use, it is important to ensure that all water put into the distribution system makes it to the users. This can effectively reduce water demand by minimizing water loss in transit to the end user. Furthermore, small leaks can develop into catastrophic failures. By quickly addressing these small developing leaks, unplanned customer outages due to breaks can be eliminated. Leak repair can be scheduled and this will lead to an increase in customer satisfaction. We understand that Bozeman is interested in minimizing the following risks: Reduce Business Risk Exposure: • Prevent leaks from developing into bursts • Meet regulatory requirements • Reduce overtime/emergency repairs • Reduce nonrevenue water in key areas • Maintain service to key customers like hospitals, universities, and industrial centers Echologics has over a decade of experience designing and delivering leak monitoring systems to leading utilities nationwide. 2 ECHOSHORE®-DX LEAK MONITORING SYSTEM DESCRIPTION Echologics thoroughly reviewed the GIS pipe network information provided by the City of Bozeman and we believe that Bozeman is an ideal water network to deploy an acoustic based leak monitoring system due to the metallic pipes and frequently installed hydrants within the network. To highlight the strength and utility of a permanent leak monitoring system, Echologics recommends a 50 sensor pilot as shown in Figure 1 that will improve the chances of detecting natural leaks and not rely on the need to find simulated leaks during the pilot period. Figure 1: Proposed Pilot System Layout 4 40 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 2.1 COMPONENTS The EchoShore-DX system is comprised of two variants; a hydrant mounted sensor shown in Figure 2 and a valve based sensor shown in Figure 3. The primary variant offered here to Bozeman is the hydrant mounted sensor. This fully enclosed sensor is comprised of an inner casting with hydrant threads cut to match your hydrants; an electronics module that contains the accelerometer sensor, antennas, processing board and batteries; and finally the outer casting which is cast to match the operating nut of your existing hydrants. The metal castings for our sensors are 100% manufactured by Mueller in the United States. Figure 2: EchoShore-DX Sensor Blowout Diagram Figure 3: EchoShore-DXe Valve Based Sensor 5 41 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN The system components and battery are rated for a 10-year lifespan. This means that a costly and labor intensive battery replacement program is not needed as the hardware components will be sunset when the batteries die at the end of life. The equipment itself is recyclable and the metal castings that are a part of the system can be re-used for future generations of electronics. Typical recycling fees for sensors has been about $40 per unit. 2.2 FUNCTION AND OPERATION The EchoShore-DX system uses acoustic cross-correlation to detect and pinpoint leaks, similarly to the way a ground based correlator functions. The main difference is that each sensor becomes an acoustic channel and our backend system takes each individual recording, matches those recordings with their adjacent neighbours and correlates accordingly. This allows for a full system wide correlation to be completed every night. Something like this would take a ground team months to complete even one system wide correlation. Our system uses proprietary algorithms to determine which sensors are adjacent to one another based on pipe geometry, pipe material and pipe diameter. So a sensor on Main Street will not try to correlate with a sensor in the Historic Brewery District. Once correlations have been processed, any suspected positive correlations are flagged and compared to past leak noise in the area through the managed monitoring service. Echologic’s team investigates any persistent noises and determines whether they are true suspected leaks or any other form of noise. Suspected leaks are relayed to Bozeman through SMS or email based on individual user preferences. Users are not required to download any software as our software system – Sentryx® -is a fully cloud-hosted thin-client user interface. Please see our Cloud Services Questionnaire in Appendix B for more information on Sentryx®. Our devices use cellular data connections to transmit data and receive commands from Sentryx®. This cellular data plan is managed and maintained by Mueller and is a part of the managed monitoring package. Mueller recommends that the data plan management stay a part of the managed monitoring service. 2.2.1 END OF LIFE At the end of life, the unit will have been in operation for 10 years. At that time we consider this technology obsolete and will recommend replacement with the latest generation of leak detection sensors available. The battery within the units will have reached its life expectancy and could begin to result in non-functional sensors over the next few years. Looking back to when our technology was first released 10 years ago, the first iterations of our sensors had a 5 year life expectancy and operated on an AMI radio network. We have released countless upgrades and innovations within our sensors and expect to release many more over the next several years as we continue to strive to keep our products on the leading edge of leak detection technology. 2.3 INSTALLATION Mueller offers a fully turn-key deployment for Leak Monitoring systems. Our project managers oversee the full deployment of the system including system commissioning and handoff to the monitoring team for ongoing leak detection. For pilots, we will perform the installation using our field crews. For full system deployements or system expansions, our project managers can provide training to utility staff so that they can deploy and install their own equipment. Installation is completed through an application that can be downloaded from both Android and Apple app stores. To install either a pilot system or a larger system deployment, Bozeman will need to provde some warehouse or yard space to receive the equipment and a way to store or collect the hydrant pumper nozzle caps that will be removed and replaced with the EchoShore-DX sensor caps. 2.4 UNIT PRICE AND GUARANTEES For unit pricing please see the investment information section of this proposal. Muller offers the ability to pre-purchase the monitoring fees, which are the ongoing fees associated with the system. This not only allows Bozeman to guarantee their price for five or ten years, it provides Bozeman with a discount on those fees as well. 3 LEAK ALERTS AND SYSTEM PERFORMANCE There is a global trend towards connected devices that deliver actionable insights. EchoShore®-DX leak monitoring system delivers valuable alerts so utilities can take proactive action to manage their pipeline assets. Water leak monitoring is an emerging technology. From experience delivering leak detection and monitoring products throughout North America, the following are the key performance metrics identified: • Detection performance: how well the system finds all the leaks • Classification performance: how many alerts are leaks 6 42 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN • Time to Notification: how fast the system delivers leak alerts • Operational Impact: how much utility effort is needed to operate and maintain the system • Lifecycle cost per mile of monitoring: what is the total cost of operating the leak monitoring system Each of these performance metrics impacts the other. For example, if a system finds all the leaks but delivers a huge volume of leak alerts, the value of the system to a utility could be reduced if there are so many alerts that they become meaningless. In other words, even though a broken clock is right twice a day, it’s generally a poor way to tell time. A combination of each of the metrics identified above combines to deliver overall performance. 3.1 LEAK ALERT PROCESS As the system records acoustic data, that data is sent to our servers for processing and correlation. Any positive correlation detected by the system is classified as a correlated noise (CN). As the system continues to collect data, CNs that exist in the same spot over several recordings are upgraded into persistent correlated noises (PCNs). These PCNs are investigate by our dedicated monitoring team and are analysed with our leak likelihood algorithms to determine whether or not the noise is a leak. This information is compared to existing found leaks and PCNs that have a high likelihood of being a leak are alerted to the utility. The leak alerts that are recommended to the utility for investigation have an 80% chance of being a real leak based on historical system performance. This 80% chance of being a real leak is investigated in the field using a pinpoint accurate leak location and confirmed to be real before digging and remediating the leak. Data from the confirmed leak can be input back into Sentryx to make the system better and provide information to continuously improve our leak detection algorithms. In some cases noises are heard by one sensor and not any other. Our system also detects leaks as single channel events in the absence of correlation to provide leak detection in areas slightly beyond the current scope of the deployment, especially prevalent when we have not yet reached full system expansion. 3.2 ACOUSTIC LEAK DETECTION PERFORMANCE EchoShore®-DX can find leaks that other leak detection systems will miss. Leaks in water pipes make noise. As water escapes from a pressurized water pipe, it creates a vibration on the pipe that generates sound. As long as the leak is running, it will continue to create noise. High levels of noise on a pipeline can indicate that there is a leak nearby. EchoShore®-DX leverages two powerful technologies to find leaks: tuned acoustic sensors and a correlation first approach to leak detection. EchoShore®-DX acoustic sensors are designed and manufactured in house. By design, the sensors can find leaks that other systems can’t. Further, based on Echologics leak detection experience and machine learning advancements, the acoustic information most likely to detect leakage is collected for analysis. Advanced computer analysis is already better than human technicians at detecting the presence of leaks. For this reason, the sensors and algorithms are tuned to focus on the specific leak noise frequencies, which enables the detection of faint leak noises that may be generated by emerging leaks or by muffled underwater leaks. It’s important to know if leaks are stable or growing so that they can be fixed before a pipe burst or other catastrophic impact occurs. The noise created by a leak changes over time. Often, as leaks go on, they may get bigger and larger. However, a leak may also be loud right after it starts and then get quieter as the soil around the pipe fills up with water. Echologics algorithms are built to search for complex patterns in leak progression. EchoShore®-DX users can monitor for the growth or progression in leaks right in the user interface or receive custom alerts in critical monitoring areas. 3.3 LEAK CLASSIFICATION PERFORMANCE As mentioned earlier, our classification performance results in approximately 4 true leaks for every false positive detected. In addition to leaks, there are other normal activities in a water network that create noises similar to leakage. Pumps, pressure reducing valves, water draws, or partially closed line valves can all have similar sound characteristics to a leak. EchoShore®-DX uses scientific methods to separate leak noise from normal water network noise: 1. Persistence 2. Acoustic spectral analysis 7 43 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 3. Pump recognition Persistence: Leaks stay in the same place over time. EchoShore®-DX is able to rely on its advanced correlation algorithms in order to check that a sound is coming from the same place over time. Leak monitoring systems that do not correlate regularly can trigger a leak alert if multiple noises occur in the same general area over a period of time. For example, on a residential street monitored for leakage several different houses may be using water during the time when leak detection measurements are collected over several days. It’s much less likely that one single house is consistently using water during the leak detection measurement time over the course of several days. EchoShore®-DX would be able to confidently flag a persistent noise in the same place. Other leak monitoring systems would have much less confidence in their leak alerts. Figure 4: Persistent Noises Are More Likely to be Leaks, EchoShore®-DX can also confirm leak repairs Acoustic spectral analysis: The sound content of noises can be broken out into dozens of different characteristics. Echologics has completed machine learning studies to identify spectral characteristics related to leakage. This enables Echologics to deconstruct recorded sounds and use the most important sound markers to deliver the best spectral leak determination on the market. Figure 5: Relative Importance of Specific Acoustic Features Towards Leak Determination Pump recognition: Pumps generate strong acoustic signals at specific tonal frequencies. EchoShore®-DX has embedded algorithms to filter out these acoustic noises and prevent false alerts. On site leak investigations involve significant resources and effort from water utilities or their contractors. Investigating false alerts from a leak monitoring system is expensive. It’s important that the alerts delivered by a system are from actual leaks. EchoShore®-DX delivers industry leading tools to make sure leak alerts point utilities towards actual leak events. Echologics 8 44 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN continues to invest in improving algorithms and classification techniques in order to maintain leadership in this leak monitoring performance metric going forward. 3.4 TIME TO LEAK NOTIFICATION Echologics is first in the industry to offer high frequency leak monitoring. Most leak monitoring systems collect acoustic data daily. However, it takes several acoustic data collections in order to confidently deliver a leak alert. Echologics data analysis algorithms and intuitive visualization of related acoustic signals are needed to convert a huge flow of acoustic data into actionable leak alerts. In a 2019 survey, the average utility staff cost to monitor and manage leak monitoring interfaces was $3,324 per mile per year. This survey by Isle utilities covered 3 leak monitoring technologies, over 7 utility deployments, and represented 892 miles (1435 KM) of monitored pipe. EchoShore®-DX leak monitoring delivers actionable leak alerts for utilities driving the utility cost of system monitoring under $500 per mile per year to acknowledge and manage leak alerts. Mueller invested to lead the industry in leak monitoring and is committed to building out solutions that offer more pipe network insights around core leak detection, pressure monitoring, and metering technologies. Burst pipes can damage nearby infrastructure, flood houses, create sinkholes, and interrupt water service to critical customers like hospitals and factories. Leaks developing on critical pipelines require rapid action in order to reduce business risk exposure and improve service. EchoShore®-DX offers three different levels of monitoring service in order to deliver a complete solution for utilities. High frequency leak monitoring enables rapid utility response for critical pipelines. To deliver faster leak notifications the EchoShore®-DX system collects and analyses acoustic data more frequently. Different types of acoustic data collections are conducted throughout the day in order to identify and confirm emerging leaks. There is a trade-off between decreasing the time to notification and the number of battery changes to support high frequency leak monitoring. Monitoring Level Critical High Standard First Time to leak alert 4 hours 24 hours 4 days Typical time to leak alert 6 – 12 hours 36 – 48 hours 6 – 8 days Battery Life (years) 1 4 10 Pipelines that are good candidates for higher frequency monitoring are often identified based on the level of business risk exposure posed by a burst. This can be done based on utility identified heuristics combined with mapping services by Echologics such as identifying all pipelines that serve key hospitals or are located nearby to major roadways. Alternately, some utilities have engaged with consulting or other technology companies in order to identify pipes that present the highest business risk. 9 45 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN Figure 6: Leaks in High Traffic Public Areas can offer significant Business Risk Exposure to Utilities 4 SUPPORT AND TRAINING Echologics provides extensive support throughout the entire project life cycle and continued support when the project deployment is complete and the system enters into the monitoring phase. Our technical team reviews your data to ensure that the system is designed in a way that is economical yet still sensitive to leaks. By reviewing Bozeman’s water network before submitting a proposal offer, Echologics ensures that our technology will be deployed in the most effective manner possible and in a way that Bozeman expects it to perform. A project manager oversees the entire planning and deployment phase of the project and assists with maintenance and co- ordinating repair to the system after it’s installed. After installation, the system is commissioned, where leak simulations are performed and an initial report is submitted outlining the installation and results of that commissioning. Any initially found leaks are also discussed in the report. When presenting the report, a training session is held with relevant stakeholders from Bozeman to teach utility staff how the system works, what kind of information you will receive and how that information translates into fixing leaks in the field. This presentation is generally done online and a regular refresher can be scheduled as needed, especially if there are new members of the team that need to use it to help with leak repair or work order generation. Once the system is operational, our dedicated data analytics team takes over and begins monitoring the site for suspected leaks. Echologics offers ongoing Managed Services to the City to monitor potential leaks through our permanent monitoring solution. 10 46 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN EchoShore®-DX system employs advanced back-end analytics and machine learning algorithms to enhance filtering of noise events and identifying leaks. Utilizing real-time data collected from acoustic sensors, the system analyzes patterns and detects anomalies that may indicate leaks or other issues. Machine learning models continuously refine their predictions based on historical data and new inputs, improving accuracy over time. This sophisticated approach enables proactive maintenance, reduces water loss, and extends the lifespan of the infrastructure by providing timely alerts and actionable insights to utility managers. In addition to the automated backend analytics, Mueller utilizes a Data Analysis Team to actively monitor water distribution systems by analyzing new PCNs to determine if they correspond to a leak event. The Data Analyst will schedule additional correlations to confirm noise persistency and analyze spectral frequency noise to rule out interference from pumps or electrical sources. The team will compile a list of likely leak locations for the City to investigate and confirm in the field. Upon identifying a PCN, the team will assess the likelihood of a leak by examining the noise characteristics, determining whether it indicates a genuine leak or other factors. The City will have a dedicated data analyst assigned to their account, ensuring personalized and focused attention to their specific needs. This approach enhances leak detection accuracy, reduces water loss, and improves the efficiency of the water distribution system. Figure 7: Managed Services Furthermore, Mueller Customer Service and Project Management teams will work closely with the City of Bozeman to maintain and manage overall system health (includes warranty claims, trouble shooting, technical support, upgrades, etc). 11 47 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 5 EXPERIENCE REQUIREMENTS Our proposed solution was first deployed with water utilities over 10 years ago with the first generation of EchoShore-DX sensors. These were deployed as a commercially available product and has since been innovated on and upgraded over several generations of technology. Echologics currently has over 42,000 sensors deployed across the United States. 5.1 REFERENCES 5.1.1 ASPEN, CO The City of Aspen, renowned for its high-end residences, is committed to prioritizing customer service by preventing disruptions and infrastructure damage caused by leaking pipes. In March 2024, Aspen initiated a 30-sensor pilot to evaluate the system’s capabilities. Following the successful pilot, Aspen has begun expanding their leak detection coverage across the entire network with EchoShore sensors over the next few years. The City of Aspen Dan Smoke, Distribution Operator dan.smoke@aspen.gov 970.309.8166 5.1.2 OMAHA, NE Omaha Metropolitan Utilities District was experiencing a higher than average break rate due to aging infrastructure in their extensive water system. To minimize repair costs, Omaha installed 1,000 EchoShore-DX sensors throughout their network, adopting a proactive approach to leak detection. Since the system’s deployment in August 2024, over 30 leaks have been identified and repaired. Omaha continues to expand their sensor network, further enhancing their ability to detect and address leaks promptly. Omaha Metropolitan Utilities District Gene Siadek, Director, Water Transmission and Supply Gene_Siadek@mudnebr.com 402.504.0722 5.1.3 BIG SKY, MT Big Sky WSD, a small district with limited staff, manages an aging system of asbestos cement pipes that are prone to leaks. Given the high-end nature of the area, property damage can be particularly costly. In early 2024, Big Sky WSD piloted EchoShore-DX to address these challenges. Following the successful pilot, they plan to expand their use of EchoShore-DX sensors to enhance leak detection and protect their community’s infrastructure. Big Sky County Water and Sewer Rose Joseph, Water and Sewer Operator rose@wsd363.com 208.360.9839 6 ORGANIZATIONAL LONGEVITY For over 160 years, utilities have relied on Mueller’s innovative products to deliver clean, safe drinking water in the United States. Echologics, a Mueller Brand, is dedicated to solving urgent water management problems. Since 2004, innovative leakage management and pipe condition assessment solutions have been delivered to leading utilities under the Echologics brand. The Echologics brand is focused on partnering with utilities to deliver improved water pipe management outcomes through superior service and one of a kind products. The Echologics brand is supported by an entrepreneurial, innovative team within Mueller that is tasked with delivering innovative approaches to asset management. Maintaining and upgrading America’s water pipelines is a pressing infrastructure challenge for the coming decades. There are over 1.2 million miles of water pipelines in the United States. The AWWA estimates a 1 trillion-dollar investment in water pipes is required over the next 25 years. Along with the start of the pipe renewal era many experienced utility operators are retiring. New data driven solutions are needed to leverage limited replacement and rehabilitation budgets and manage infrastructure as it 12 48 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN ages. EchoShore®-DX leak monitoring is an innovative tool to help utilities identify water leaks as they start and prevent damage to nearby infrastructure. Over 42,000 EchoShore®-DX monitoring nodes are currently deployed in North America to protect water networks. We are a publicly traded company with strong financial backing and a great forward looking plan. We have plans for long term development of our products, a deep and rich research and development team that includes several specialties such as firmware development, hardware development, software development, product management and machine learning. Please kindly use this link to see Mueller’s financial health. https://ir.muellerwaterproducts.com/financial-information/annual-reports-and-proxies 7 WARRANTY Please see section 14 of our attached Master Services agreement for our Warranty Information 8 INVESTMENT INFORMATION Table 1 outlines the investment information for the proposed EchoShore®-DX leak monitoring system 90-day pilot. At the end of the pilot period, Bozeman can choose to return the sensors to Echologics, or, if they wish to keep the sensors, they can pay the buyout price noted below. This buyout would allow Bozeman to keep the system after the pilot. Table 1: EchoShore®-DX 50-Node Pilot (90 days) EchoShore®-DX Leak Monitoring System -90-day pilot Item Description Price Unit Quantity Total EchoShore®-DX System Demo with 50 sensors for 3 months (90 days) – includes hardware, system design, installation and managed monitoring services $30,900 Lump Sum 1 $30,900 Pilot Total $30,900 EchoShore®-DX Pilot Buyout EchoShore®-DX Sensors – includes hardware, system design and installation $1,300 Per Node 50 $ 65,000.00 EchoShore®-DX Leak Monitoring Fee $125 Per Node Per Year 50 $ 6,250.00 Subtotal $ 71,250.00 Less Pilot Price $ (30,900.00) System Buyout + 1 Year of Monitoring $ 40,350.00 The pricing is in USD and valid for thirty days. Prices do not include any applicable taxes. Product prices are ExWorks. The prices listed include onsite system installation. Should any civil works or traffic control be required for installation, this would be the responsibility of Bozeman. Table 2 outlines pricing for further system expansion, including volume break points. Technical support and software maintenance are included in the managed monitoring fees. Installation training can be provided during the pilot installation so that Bozeman can choose to perform installation themselves on future projects should they wish to do so. If Bozeman chooses to scale up the system, Mueller will honor the discounted large purchase unit price on the pilot sensors that were already purchased. 13 49 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN Table 2: Expansion Pricing Up to 100 nodes Hardware Item Description Price Unit EchoShore®-DX Nodes $1,190 Per node EchoShore®-DX Install (Optional) $110 Per node Managed Monitoring Service 1-Year Managed Monitoring $125 Per node per year 5-Years Managed Monitoring $565 Per node for 5 years 10-Years Managed Monitoring $1,000 Per node for 10 years 101-1,000 nodes Hardware Item Description Price Unit EchoShore®-DX Nodes $1,170 Per node EchoShore®-DX Install (Optional) $80 Per node Managed Monitoring Service 1-Year Managed Monitoring $95 Per node per year 5-Years Managed Monitoring $430 Per node for 5 years 10-Years Managed Monitoring $760 Per node for 10 years 1,000+ nodes Hardware Item Description Price Unit EchoShore®-DX Nodes $1,155 Per node EchoShore®-DX Install (Optional) $70 Per node Managed Monitoring Service 1-Year Managed Monitoring $70 Per node per year 5-Years Managed Monitoring $315 Per node for 5 years 10-Years Managed Monitoring $560 Per node for 10 years 8.1 PRICING GUARANTEE Please see our Software as a Service Agreement Section 5 part (b) where we discuss fee increases. Please also note, as discussed in Section 2.4 of this document, where we discuss Bozeman’s ability to purchase five or ten years of the monitoring service in advance to not only lock in a rate for that duration but also receive a discount on the overall cost of the managed monitoring service. 14 50 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN APPENDIX A: AFFIRMATION OF NONDISCRIMINATION Echologics, LLC Echologics, LLC Adam Donnelly, VP Smart Water Infrastructure 15 51 Exhibit B: Cloud Services Questionnaire PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN APPENDIX B: CLOUD SERVICES QUESTIONNAIRE Service Levels: What level of service should we expect? What is the City’s recourse for excessive downtime? Refund of percentage of monthly fee? Echologics’ SENTRYX software services provide a monthly uptime SLA of 98.5%. For leak detection services, data gaps occur more frequently due to outages or obstructions that delay transmission of data over cellular networks. Full system outages will be credited with an extension in monitoring services timeline of equal duration or a credit towards monitoring renewal fees. In the case of full monitoring pre-payment a refund or credit for the pro-rated downtime will be issued. Data Ownership: Who owns the data we provide and what can be done with the data? The customer, Bozeman, owns all the acoustic data collected on site by Echologics sensors. Echologics owns all interpretation and analysis of this data that can support leak alerts. For clarity, Bozeman owns the sound file recorded each night at each sensor. Echologics owns the coherence values between two adjacent sensors that represents the similarity in signals received from both sensors. Bozeman could recreate this analysis if they would like to. Echologics analytical outputs change and improve over time. Bozeman has a licence to leverage Echologics web products as provided and action leak alerts. ADA Compliance: If your proposed services include websites, they must be ADA compliant as defined by WCAG (Web Content Accessibility Guidelines) standards. The proposed services includes websites to support leak alerting. These websites are not yet ADA compliant as defined by the WCAG. Mueller has a design goal to achieve ADA compliance for our digital products over time. The leak monitoring and analysis service from Mueller is a managed monitoring service offering. The website enhances this experience and is a preferred method of interaction for some users. Core elements of leak monitoring, alerting and feedback can be supported through our analysis team with the service customized to support user needs. Specifically, leak alerts can be delivered by email, formatted table or by call as needed to accommodate users on Bozeman’s team. 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 and PII (Personally identifiable Information) that may be gathered? Data is secured through user authentication with core leak detection data structured designed with a single tenant structure. The option to input personally identifiable information during customer set up is limited to name, phone number, and email. b. If PII is gathered, is it encrypted in transit and at rest? Names, email and phone number information input into the system is not currently encrypted in transit or at rest. This security feature is on the product development plan. On request, Mueller can recommend process controls to and offer support to ensure that users do not input PII. Note -the overall leak monitoring solution can be delivered without interacting with the website. c. If credit card transactions are occurring is your system fully PCI compliant? No credit card transactions are managed through this website. Data Integrity: What do you do as a vendor to ensure our data maintains it’s integrity? In order to ensure data integrity sound files are encrypted in transit. Further, there are periodic backups of core data. Also of note, the deliverable back to Bozeman is leak alerts. Any cleaning or modification to other input datasets will not make their way back into Bozeman systems. We require data centers to be located in the United States: What Country will our data be located in? 16 52 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN Mueller uses the Amazon Web Services USA East Region datacenters located in the United States. Of mention, our Leak Monitoring Center accesses data from its operations center in Toronto, Canada. Responding to legal demands to disclose data: What is your process when someone subpoenas or requests our data from you as a vendor? Echologics will promptly comply with properly issued subpoenas. With regard to any customer request for data, Echologics will seek to accommodate the delivery of customer-owned data in a prompt and commercially reasonable manner. Other data requests which are beyond the scope of Customer Data will be given serious consideration and should be subject to a Confidentiality Agreement. Reporting: What is your protocol for data breaches? Mueller has a corporate cybersecurity team that follows a defined incident response process. This corporate team manages internal IT systems and external web solutions for Mueller technology users. Following incident identification Mueller activates a third-party data security organization that can deliver digital forensics and incident response (DFIR). The DFIR supports investigation of significant events inclusive what systems were impacted and was any data accessible to non-authorized users. Mueller has internal and external resources on call in order to evict threat actors from systems, identify the root cause of the breach and close any vulnerabilities that led to the breach. Another capability is rapid system restoration following the breach. Internal and external resources are available to support restoration depending on the extent of the issue. Mueller will notify users of incidents impacting service delivery for pipeline monitoring when there is a known gap in service delivery. This type of notice is issued as soon as practical following incident discovery. Following incident investigation notice will be given for known breaches that offered access to user data. Disaster Recovery: What protections/protocols do you have in place to mitigate disasters? Periodic backups of core datasets would enable recovery in the case of disaster. The system is designed to rely on major telecom and cloud computing providers inclusive AT&T, AWS, and Verizon. Business Continuity/Exit: If you decide to bring your business to an end or we end our business 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? Echologics is wholly owned by Mueller Water Products, a 165 year old company. In the unlikely event of business exit, Bozeman’s data will be available for download at any time via API and through the web user interface. The formats supported for data delivery may change over the course of the contract as protocols evolve. Currently, Bozeman can directly download individual sound files from the web user interface on demand. The entire sound file history can be provided on request as a one off download or by configuring an API pull. Special formats and API set up may require charges by quote. The data may be formatted as mp3 and Bozeman could provide to alternate analytical providers as needed. This dataset currently appears to be of limited value and no USA based customer has currently requested their data. Termination rights and consequences: What is your termination policy both for you as a vendor and us as a customer? Termination policies are defined in our standard terms and conditions. Completed by: Paul Murray____________ Date: November 8th 2024__________ 17 53 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Assistant City Manager David Arnado, Facilities Superintendent Shane Miller, Facilities Project Coordinator SUBJECT:Authorize the City Manager to Sign a Construction Agreement with 1 Plumbing and Heating for the Parking Garage Sewer Line Reroute Project MEETING DATE:November 17, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Construction Agreement with 1 Plumbing and Heating for the Parking Garage Sewer Line Reroute Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Bridger Park Garage opened in 2009, providing 435 spaces across five stories with private business condos located along the Mendenhall Street frontage. One of the condo units, owned and operated by the City to house Parking Division staff, began experiencing sewer backup issues in 2024 resulting in closure of both the City's suite and the adjacent public restroom operated by HRDC. Exhaustive efforts have been taken to investigate the cause of the issue over the past two years, with a final determination that the service line needs to be replaced. This contract authorizes 1 Plumbing and Heating to perform the necessary repairs, as further defined in Exhibit A. UNRESOLVED ISSUES:An additional $22,400 will need to be authorized for related repairs if upon excavation it appears that the 2nd bathroom connection is over-sloped or under-sloped. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Project costs total $103,736 for demolition, underground utility work, and concrete work. Existing budget authority within the Parking Fund will be used to execute this contract, while a cost share is considered by the Downtown Urban Renewal District. Attachments: 54 2026 Construction Agreement (1 Plumbing & Heating).pdf Exhibit A - Scope of Services.pdf Exhibit B - Drawings.pdf Exhibit C - Specifications.pdf Report compiled on: November 5, 2026 55 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 1 of 20 CONSTRUCTION AGREEMENT This Construction 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, _1 Plumbing and Heating_, hereinafter referred to as “Contractor.” City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained herein, the Parties agree as follows: 1. Work to be Performed: a. A description of the work to be performed to _The City of Bozeman_ (the “Construction Project”) and Contractor’s duties is set forth in the Scope of Services, attached as Exhibit A and by this reference made a part of this Agreement. b. Prior to the commencement of any work on Construction Project, Contractor’s representatives and City’s representatives must hold a meeting to establish a working understanding among the Parties as to the scope of Construction Project and duties of Contractor. At this meeting, Contractor and City must resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the Parties are unable to resolve these issues and City fails, refuses, or is unable to approve the same, no work must commence on Construction Project until such issues are resolved and City approves the related plans, designs, drawings, and specifications. c. Except as provided elsewhere in this Agreement, Contractor must furnish all the labor, materials, equipment, tools, and services necessary to perform and complete Construction Project. 56 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 2 of 20 d. During work on Construction Project, and as part of the final completion of Construction Project, Contractor must clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of Construction Project. 2. City-Supplied Materials: City may supply materials from time to time in furtherance of Construction Project. Such materials will be noted as an addendum to this Agreement. 3. Time of Performance: Contractor must begin Construction Project after receiving a Notice to Proceed from City and must complete Construction Project no later than Ninety (90) days from Construction Start. Time is of the essence of completion of all work and each phase of Construction Project. 4. Liquidated Damages: If Construction Project is not completed within the time provided by this Agreement, City may deduct for each day Construction Project remains uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of Contractor’s failure to complete Construction Project on time. 5. Compensation: a. City must pay to Contractor, and Contractor must accept as full payment for the performance of this Agreement and Construction Project, the amount of _One Hundred Three Thousand, Seven Hundred Thirty-Six Dollars ($103,736.00). b. Prior to beginning work outside the original Construction Project, both Parties must agree in writing to the additional work and costs (“Change Order”). c. City may retain five percent (5%) of the total amount of compensation to be paid to Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of Construction Project and any punch list items (“Retainage Amount”). City must pay the Retainage Amount, if any, to Contractor thirty (30) days after City’s final acceptance of Construction Project. 6. Inspection and Testing: 57 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 3 of 20 a. City has the right to inspect and test any work performed by Contractor on Construction Project. Contractor must allow City and its agents access to Construction Project at all times and must provide access for inspection and testing, including temporarily discontinuing portions of the work or uncovering or removing portions of the work. Any inspection and testing performed by City and its agents is for the sole benefit of City and must not relieve Contractor of its duties, responsibilities, and obligations to ensure the work strictly complies with the Scope of Services and all applicable laws and building and safety codes. City’s inspection and testing is not deemed or considered acceptance by City of any portion of Construction Project. City’s inspection and testing does not serve to nullify, amend, or waive any warranties provided by Contractor under this Agreement. b. Contractor must, without charge, replace any material or correct any work found by City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. If Contractor fails to replace or correct any defective work or materials after receiving reasonable written notice by City, City may take corrective action. Corrective action may include using City’s own materials and employees or retaining a third Party. City will deduct the cost and expense of the corrective action from Contractor’s compensation. 7. Partial Utilization of Construction Project: City has the right to use or occupy any portion of Construction Project City and Contractor mutually agree is substantially completed. If City takes possession of any portion of Construction Project, this possession is not an acceptance of Construction Project, in whole or in part. Any use by City of Construction Project is not grounds for extensions of any construction deadlines or a change in Contractor’s compensation. Contractor’s warranties runs from the completion of the total Construction Project and not from the date City may take possession of selected portions of Construction Project. 8. Related Work at the Site: Nothing in this Agreement prevents or precludes City, through its employees or by contract with a third Party, from performing work related to the Project not otherwise addressed in the Scope of Services. Such work may not interfere with Contractor’s performance of this Agreement. Contractor must allow access for any City employee, agent or representative, or any third Party under contract with City to perform the work. 9. Contractor’s Representations and Warranties: Contractor represents and warrants as follows: 58 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 4 of 20 a. Unless otherwise specified by the terms of this Agreement, all materials used by Contractor on Construction Project must be new and of the most suitable grade for their intended uses. b. The quality of services and materials must be of a kind and nature acceptable to City. All services provided to, on, or for Construction Project must be free of defects and nonconformities. c. Contractor’s representation and warranty begins with the commencement of the work on Construction Project and ends one (1) year from the final completion and acceptance by City of Construction Project, regardless of whether such equipment, materials, or labor were supplied by Contractor or by Contractor’s subcontractors or suppliers. Other express warranties for materials that provide for a longer warranty period are not reduced by this provision. When Contractor receives City’s written notice of a defective or nonconforming condition during an applicable warranty period, Contractor must take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to City and at no additional cost to City. Contractor must also, at its sole cost, perform any tests required by City to verify that Contractor corrected the defective or nonconforming condition. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. e. Contractor is responsible for the completion of Construction Project. Contractor, or its duly authorized representative assigned to serve as Construction Project Manager, must be personally present at the site of Construction Project during working hours for the term of this Agreement until the completion of Construction Project. f. Contractor must have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times. g. Contractor has examined all available records and made field examinations of the site of Construction Project. Contractor has knowledge of the field conditions to be encountered during Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. 59 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 5 of 20 h. Contractor is responsible for the safety of the work and must maintain all lights, guards, signs, temporary passages, or other protections necessary for safety of the site at all times. i. All work must be performed at Contractor’s risk, and Contractor must promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss. j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of Construction Project. k. Contractor’s performance must be without damage or disruption to any other work or property of City or of others and without interference with the operation of existing machinery or equipment, unless otherwise agreed to in writing. l. Title to all work, materials, and equipment covered by any payment of Contractor’s compensation by City, will pass to City at the time of payment, free and clear of all liens and encumbrances. 10. 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. 60 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 6 of 20 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 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. 11. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of Contractor, including acts or omissions of City, Contractor must, within ten (10) days of the commencement of any such delay, give City written notice thereof. Further, Contractor must, within ten (10) days of the termination of such delay, give City written notice of the total actual duration of the delay. If City is provided with these required notices and if City determines that the cause of the delay was not foreseeable, was beyond the control of Contractor, and was not a result of the fault or negligence of Contractor, then City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of City with Contractor’s performance, Contractor must make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 12. Suspension: a. City may, by written notice to Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on Construction Project (“Notice of Suspension”). The Notice of Suspension must set forth the time of suspension, 61 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 7 of 20 if then known to City. During the period of suspension, Contractor must use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor must: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Project, including those portions on which work has been suspended. c. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on Construction Project has increased or decreased. d. Upon receipt of written notice by City to resume the suspended work (“Notice to Resume Work”), Contractor must immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) must be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor must submit a revised Construction Schedule for City’s review and approval. Contractor’s failure to timely make such a claim must result in a waiver of the claim. e. No compensation described in Section 11(c) must be paid and no extension of time to complete Construction Project must be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this Agreement. 13. Termination for Contractor’s Fault: 62 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 8 of 20 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 Construction Project (“Termination Notice Due to Contractor’s Fault”). City may then take over Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of Construction Project. b. In the event of a termination pursuant to this Section 13, Contractor must be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor must not be entitled to any further payment until Construction Project has been completed. Upon completion of Construction Project, if the unpaid balance of Contractor’s compensation exceeds the cost to City of completing the work, including all costs paid to any subcontractors or third Parties retained by City to complete Construction Project and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess must be paid to Contractor. If City’s Cost for Completion exceeds the unpaid balance of Contractor’s compensation, then Contractor and its sureties must be liable for and must pay the difference, plus interest at the rate applicable to court judgments, to City. c. Any termination provided for by this Section 13 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 13, 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. 14. 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 work on Construction Project, 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 work on Construction 63 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 9 of 20 Project, discontinue placing orders for materials, supplies, and equipment for Construction Project, and make every reasonable effort to 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, in progress, or in transit to the construction site. c. In the event of a termination pursuant to this Section 14, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain City’s sole property. d. The compensation described in Section 14(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. 15. 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 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, within ten (10) 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. c. Upon acceptance of final payment and for other good and valuable consideration, Contractor must and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 64 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 10 of 20 16. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement must be _Shane Miller, Project Coordinator 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 and may receive approvals or authorization from such persons. b. Contractor’s Representative: Contractor’s Representative for the purpose of this Agreement must be __Brent Wilting, Owner_ 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. 17. Locating Underground Facilities: Contractor must be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor must make every effort to avoid damage to underground facilities and must be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact must be noted in writing prior to commencement of such location work. 18. Permits: Contractor must provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of 65 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 11 of 20 Bozeman business license, and inspections from applicable governmental authorities, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of Construction Project. 19. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on Construction Project, must be promptly furnished to City (“City Documents and Information”). All City Documents and Information must be the exclusive property of City and must be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interests in and to City Documents and Information, including but not limited to, all copyright and patent rights in and to City Documents and Information. Neither Party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 20. 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 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. 21. 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 will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Contractor must 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. 66 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 12 of 20 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. 22. Generative Artificial Intelligence (AI): 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. 23. Intoxicants; DOT Drug and Alcohol Regulations: Contractor must not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of Construction Project. 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. 24. Labor Relations: a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on Construction Project to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor must take to resume work on Construction Project must be left to the discretion of Contractor; provided, however, that Contractor must bear all costs of 67 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 13 of 20 any related legal action. Contractor must provide immediate relief to City so as to permit the work on Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. In addition to Contractor’s indemnification obligations under paragraph 29(a) of this Agreement, Contractor must indemnify, defend, and hold 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. The provisions of paragraph 28(b) – (g) apply to this subsection. 25. Subcontractors: a. Contractor may employ subcontractors for any work on Construction Project. Contractor must provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor must remain fully responsible and liable for the timely completion of Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor must hold all payments received from City in trust for the benefit of subcontractors, and all such payments must be used to satisfy obligations of Construction Project before being used for any other purpose. Contractor must make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from City. In the event of a dispute regarding any subcontractor’s invoice, Contractor must promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 26. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor must furnish City with satisfactory proof that there are no outstanding debts or liens in connection with Construction Project. If Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor 68 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 14 of 20 until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, Contractor must immediately notify City and must cause the same to be discharged of record within thirty (30) days after its filing. 27. Hazard Communication: Contractor must comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City ordinances. Contractor must supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data for chemicals that Contractor’s, subcontractor’s or City’s employees may be exposed to while working on City property during the course of Construction Project. One copy of this documentation must be delivered to City to the attention of City’s Representative. This documentation must be delivered before work involving these chemicals may commence. 28. Accounts and Records: During the term of this Agreement and for two (2) years following City’s final acceptance of Construction Project, Contractor must maintain accounts and records related to Construction Project. Upon reasonable notice, City must have the right to inspect all such accounts and records, including but not limited to, Contractor’s records, books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices, bills, contracts, or other documents relating to Construction Project. 29. Indemnification; Insurance; Bonds: a. 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 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 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. b. Such obligations must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this 69 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 15 of 20 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). c. Contractor’s indemnity under this Section must be without regard to and without any right to contribution from any insurance maintained by the City. d. 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. e. 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. f. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [the 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. g. These obligations must survive termination of this Agreement and the services performed hereunder. h. In addition to and independent from the above, 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 subsection (a) of this Section. The insurance must cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor must furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below: 70 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 16 of 20  Workers’ Compensation – not less than statutory limits;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Products and Completed Operations – $1,000,000;  Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles);  Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to Construction Project or City Hall is covered by other insurance;  Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by Contractor under this Agreement for the City; and (ii) the City’s and the City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate;  Contractual Liability Insurance (covering Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate The amounts of insurance provided must be exclusive of defense costs. The City of Bozeman must be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to the City and must include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor must notify the 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. 71 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 17 of 20 The City must approve all insurance coverage and endorsements prior to Contractor commencing work. i. Pursuant to the City’s authority provided for in 18-2-201(4) MCA, Contractor may not be required to provide bonds as required by 18-2-201(1) MCA under this Agreement. 30. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project must comply with 15-50-101 through 15-50- 311, MCA. 31. 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 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 must be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 32. Survival: Contractor’s indemnification and warranty obligations must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 33. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 34. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 35. 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 72 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 18 of 20 notice required herein, then the prevailing Party or the Party giving notice must be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including City Attorney’s Office staff. 36. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof must continue in effect. 37. Applicable Law: The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 38. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 39. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all Parties. 40. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the Parties, does not constitute a third-Party beneficiary agreement, and may not be relied upon or enforced by a third Party. 41. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 42. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of Construction Project. Contractor may not assign to any third Party other than Contractor’s subcontractors on Construction Project, the right to receive monies due from City without the prior written consent of City. 43. Authority: Each Party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to sign this Agreement. 44. Independent Contractor: The Parties agree and acknowledge that in the performance of this Agreement and the completion of Construction Project, Contractor must render services as an independent contractor and not as the agent, representative, subcontractor, or employee of City. The Parties further agree that all individuals and companies 73 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 19 of 20 retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of City. 45. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the Parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the Parties. There are no understandings between the Parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 46. 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. EXHIBIT A: SCOPE OF SERVICES EXHIBIT B: DRAWINGS EXHIBIT C: SPECIFICATIONS 74 Construction Agreement for Parking Garage Sewer Line Reroute FY2027-2028 Page 20 of 20 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR By: _______________________________ By: Chuck Winn, City Manager Print Name: Brent Wilting Title: Owner APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney 75 1 Plumbing and Heating Quote P.O.Box 6082 Bozeman, MT 59771 Date 10/14/2026 Phone: 1(406)209-8161 Mobile: 1(406)580-7865 City of Bozeman - Parking Garage - Office sewer upgradeQuote To: Description Sub Total:$35,464.00 Office Sewer Upgrade Traffic control and sidewalks Concrete Demo Excavation utility exterior Excavation utility interior Mobilization Demobilization Site clean up final Spoils Haul off Plumbing 75 Barricade 1 Sidewalk closed and detour signs 1 Barricade fence and sand bags 4 Beacon lights- warning 1 Roadside barricade (if needed) 6 Remove traffic control and clean up 180 Saw cutting outside 62 Saw cutting inside 1 Export inside concrete 1 Export outside concrete 1 Protection 1 Clean up 1 Excavate exterior plumbing line 1 load extra materials 1 Bedding for pipe 1 Shoring 1 Backfill and compaction 1 Sidewalk prep 1 hand dig interior plumbing 1 haul out spoils 1 Bedding for interior pipe 1 Backfill and compaction 1 slab on grade prep () 76 1 Permit 2 Inspections rough in and final 1 Find existing water closet vent in wall 1 Remove toilet and store on site 1 Remove sink and store on site 1 Cap old drain to water closet 1 Cap old main drain line 1 New Outside sewer line tie in to building main sewer 1 New Outside sewer line with cleanout ran into building 1 1 New Inside sewer main to bathroom 1 Water closet (reuse existing fixture) 1 Sink (reuse existing fixture) 1 Floor drain 1 Trap primer 1 Tie into existing sewer for bathroom 2 and utility sink 1 Cleanout 1 demo wall for sewer vent 1 Repair sheetrock 1 Repair Lower FRP in bathroom 1 Repair lower FRP on 1 wall in entryway 1 Rebar 210 Concrete replacement 1 Inside finish to be ready for floor leveler and flooring 1 Outside finish to match existing Demo of bathroom plumbing Rough in and finish plumbing outside Core drill outside wall Rough in and finish plumbing inside Construction Concrete Bonding, administration, and insurance Sub Total:$28,258.00 Sub Total:$14,114.00 Sub Total:$17,200.00 Sub Total:$8,700.00 Comments Not included additional $22,400.00 () () () () : Structural Repairs, Duct or HVAC repair or cleaning, Envelope leak testing, flooring, baseboard, web based software service, photos, temp facilities, Electrical, Fire protection, Existing building repairs, air contamination testing, repair of existing building or sewer issues outside of this scope, additional utilities outside of this scope, electrical, gas, radon, heating, or cooling. If we must replace sewer for 2nd bathroom and utility sink it will be an Included in the price below is up to 5% for Performance and Payment bond. Sewer main for businesses will be down for less that 4 hours to make tie in for new sewer line. 77 Sewer line will probably be down for less than 1 hour as we make the tie in. We will need a 1 hour window in the morning for the concrete pour. Work will be completed in 2 to 4 weeks. Quote by:Brent Wilting Accepted by:Make all checks payable to: Quote will be honored for 30 days If you have any questions about this quote, please contact Brent Wilting, 1(406)209-8161 TOTAL:$103,736.00 1 Plumbing and Heating Thank You For The Opportunity! 78 PLUMBINGROGER WHEATARCHITECTURALSKYANN COOK VICINITY MAP: Locator PROJECT ADDRESS REVISIONS 2/23/2026 2:27:56 PM COVER SHEET,GENERALINFORMATION OFFICE SEWER UPGRADECITY OF BOZEMAN© 2026 | ALL RIGHTS RESERVEDPARKING GARAGE02.23.202602.23.2026 26 E. Mendenhall StBozeman, MT 59715 CITY OF BOZEMAN OFFICE SEWER UPGRADE CONSTRUCTION DOCUMENTS 02.23.2026 PARKING GARAGE | Project# COB_TERM25_PGSWR | L:\ 02.23.2026 CONSTRUCTIONDOCUMENTS PROJ# | COB_TERM25_PGSWRDRAWN BY | SCHREIBEISREVIEWED BY | COOK G001 OWNERCity of Bozeman20 E. Olive St, office 14BBozeman, MT 59715 ARCHITECT/ENGINEERCushing Terrell411 E. Main St, Ste 101 Bozeman, MT 59715406.556.7100Contact: Sky Cook GENERAL G001COVER SHEET, GENERAL INFORMATION ARCHITECTURAL A101FLOOR PLANS & DETAILS PLUMBING P001PLUMBING SCHEDULES AND LEGENDS P100DWV PLANS Main StRouse AveBabcock St Mendenhall St Lamme St Bozeman AveBlack AveTracy AveWillson AveLamme St NOT TO SCALE NORTH REF SHEET INDEX GENERAL NOTES A. B. C. D. E. F. G. H. I. J. K. L.M. N. GENERAL PROJECT NOTES ON THE COVER SHEET APPLY TO ALL WORK TO BE PERFORMED ON THIS BUILDINGSEE OTHER SHEETS IN SET FOR ADDITIONAL INFORMATION. GENERAL NOTES ARE INTENDED TO CLARIFY OR EMPHASIZE THE REQUIREMENTS OF THE DRAWINGS AND SPECIFICATIONS. IN THE EVENT OF A CONFLICT BETWEEN THE DRAWINGS, SPECIFICATIONS, AND THESE NOTES, THE CONTRACTOR SHALL COMPLY WITH THE MORE STRINGENT REQUIREMENTTHE CONTRACTOR SHALL PROVIDE PROTECTION WHERE NECESSARY TO PROTECT THE PUBLIC AND ADJACENT AREAS OF BUILDING AND SIDEWALK DURING CONSTRUCTIONALL WORK UNDER THIS CONTRACT SHALL COMPLY WITH ALL APPLICABLE CODES, ORDINANCES, AND REGULATIONSCONTRACTOR TO FIELD VERIFY ALL EXISTING CONDITIONS PRIOR TO THE START OF CONSTRUCTION, AND NOTIFY ARCHITECT IMMEDIATELY OF ANY DISCREPANCIESTHE CONTRACTOR SHALL PROVIDE DEMOLITION AND PATCHING NOT SHOWN BUT REQUIRED FOR THE INSTALLATION OF THE NEW DETAILS OR AS REQUIRED FOR THE WORKPATCH ALL EXPOSED OPENINGS WITH MATERIAL TO MATCH AND BLEND SEAMLESSLY WITH EXISTING ADJACENT SURFACES, UNLESS NOTED OTHERWISEDEMOLITION NOTES PROVIDE A GENERAL DESCRIPTION OF ITEMS AND AREAS REQUIRING REMOVAL. THE CONTRACTOR SHALL FIELD VERIFY ACTUAL QUANTITIES AND LOCATIONS OF ITEMS AS NECESSARY TO COMPLETE THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTSDEMOLITION, REMOVAL, AND PATCHING WORK SHOWN ON THE DRAWINGS SHALL BE REQUIRED TO COMPLETE THE WORK SHOWN FOR THE INTENDED USE. KEYNOTE PLACEMENT DOES NOT LIMIT THEIR APPLICATION TO OTHER AREAS IF REQUIRED TO COMPLETE THE WORKALL MATERIALS AND EQUIPMENT THAT ARE SCHEDULED FOR DEMOLITION SHALL BE REMOVED FROM SITE AND DISPOSED OF PROPERLY. FOLLOW LOCAL AND STATE REQUIREMENTS FOR REMOVAL AND DISPOSAL. CONTRACTOR SHALL BE ALLOWED TO RETAIN FEES RECEIVED FOR SALVAGING OF ALL SCRAP MATERIAL UNLESS NOTED OTHERWISEPROTECT ALL ADJACENT SPACES, SURFACES, STRUCTURE, EQUIPMENT, FIXTURES, AND UTILITIES FROM DAMAGE AND INTERRUPTION OR SOILING DUE TO WORK UNDER THIS CONTRACT. RESTORE OR REPLACE AS REQUIRED, ALL ADJACENT WORK SOILED OR DAMAGED DUE TO WORK UNDER THIS CONTRACT. PHOTO-DOCUMENT EXISTING CONDITIONS PRIOR TO START OF WORKCONTRACTOR TO COORDINATE WORK BY OTHERCOORDINATE WITH OWNER PRIOR TO DEMOLITION FOR EXTENT OF EQUIPMENT AND FURNITURE THEY PLAN TO REMOVE AND REPLACEDO NOT SCALE FROM DRAWINGS ABBREVIATIONS @ AT&AND#NUMBER ACT ACOUSTIC CEILING TILEADATHE AMERICANS WITH DISABILITIES ACTAFFABOVE FINISH FLOORAPPROXAPPROXIMATEBDBOARDCLRCLEARCONTCONTINUOUSCOORDCOORDINATEDEMODEMOLISH/DEMOLITIONEAEACHELECELECTRICALELEVELEVATOREQUIPEQUIPMENTETCET CETERAEXPEXPOSEDFFEFINISH FLOOR ELEVATIONGAGAUGEGCGENERAL CONTRACTORGYPGYPSUMHORIZHORIZONTALHVACHEATING, VENTILATION, & AIR CONDITIONINGINSULINSULATIONMAXMAXIMUMMECHMECHANICALMFRMANUFACTURERMINMINIMUMMTLMETALN/A NOT APPLICABLEOCON CENTEROPPOPPOSITEPAFPOWDER-ACTUATED FASTENERPLUMBPLUMBINGPLYPLYWOODRCPREFLECTED CEILING PLANREQDREQUIREDRTUROOFTOP UNITSCHEDSCHEDULESFSQUARE FEETSIMSIMILARSTRUCTSTRUCTURALTYPTYPICALUNOUNLESS NOTED OTHERWISEVARVARIESVERTVERTICALVFYVERIFYw/WITHWDWOOD NOTE:SEE LEGENDS ON SHEETS FOR ADDITIONAL ABBREVIATIONS M AONTAN PAROFESSIONL E RN GINEER. ROGERWHEAT No. 19996 PE LICENS E DSKYANN COOK ARC-ARC-LIC-5549L TICENS E D ARCHIT E CBNOZEMA M AONTANS AT A TEOF MO N TAN79 TOCS VIF TOF VIF TOF VIF TOCW ROOM NAME, AND NUMBER IF APPLICABLE KEYNOTE DRAWING NUMBER SHEET WHERE DRAWN DIMENSION TO FACE OF EXISTING UNO DIMENSION TO GRID LINE PLAN LEGEND DIRECTION OF VIEW, IF APPLICABLE DIMENSION TO CENTER LINE CL 1 X000 SIM NAME 101 X EXISTING CONSTRUCTION TO REMAIN EXISTING CONSTRUCTION TO BE DEMOLISHED 45 B 45 B 25'-0" SIDEWALK 1 1 2 3 5 4 5 B 4 5 B 25'-0" SIDEWALK 4 A101______________ ADJACENTTENANT VESTIBULE RESTROOM RESTROOM OFFICE UTILITY 3 A101______________ 6 6 7 TYP 8 3 TYP 8 TYP 10 4 4 12 11 11 11 11 AREA OF WORK TENANT TENANT TENANT TENANT TENANT PARKING GARAGE MENDENHALL ST BUS LANE MATCH EXIST CONCRETE THICKNESS AND REINFORCE SIMILAR TO EXISTING SLABS W/ #4 @ 18", EA WAY #3 DOWEL @ 18" STAGGERED ADHESIVE SET 3" INTO EXIST SLAB INSTALL AND SEAL VAPOR BARRIER WHERE EXISTING BARRIER OCCURST/2TADJACENTTENANT VESTIBULE RESTROOM RESTROOM OFFICE UTILITY NOTE: UNDER NO CIRCUMSTANCES SHALL A PIPE PENETRATE THRU OR UNDER A COLUMN, PILASTER, PIER, PEDESTAL OR SPREAD FTG. ZONE 3: PIPE OCCURS AT SHALLOW DEPTH BELOW FOOTING. SLEEVE WRAP & ENCASE IN CONCRETE AS SHOWN IN ELEVATION. SECTION AT PIPE LOCATIONCONCRETE ENCASEMENT- ELEVATION - 1 1 SLEEVE WRAP PIPE IN 1" FOAM ENCASE IN FLOWABLE FILL, 200 PSI MAX, ENTIRE WIDTH OF FTG ZONE 3 CONC FTG, VIF CONC STEM WALL OR BASEMENT WALL, VIF WALL ABOVE, VIF CONC STEM WALL OR BASEMENT WALL CONC FTG, VIF CONC ENCASEMENT ZONE 3MAX EXCAVATION 2'-0" REVISIONS 2/23/2026 2:27:59 PM FLOOR PLANS &DETAILS A101 | Project# COB_TERM25_PGSWR | L:\ 02.23.2026 © 2026 | ALL RIGHTS RESERVED CONSTRUCTIONDOCUMENTS OFFICE SEWER UPGRADECITY OF BOZEMANPARKING GARAGEPROJ# | COB_TERM25_PGSWRDRAWN BY | SCHREIBEISREVIEWED BY | COOK #KEYNOTES 1 SAW CUT & DEMOLISH PORTION OF SLAB, & EXCAVATE ASREQUIRED FOR PLUMBING DEMOLITION & NEW WORK. COORD w/PLUMBING & EXISTING CONDITIONS 2 SAW CUT & DEMOLISH PORTION OF SIDEWALK TO NEARESTEXISTING CONTROL JOINTS, & EXCAVATE. EXTENT TO BE LIMITEDTO THE MINIMUM AMOUNT REQUIRED FOR SCOPE OF WORK.PROVIDE FALL PROTECTION AND SHORING. ACCESS TO ADJACENTTENANT TO REMAIN ACCESSIBLE DURRING BUSINESS HOURS.COORD w/ PLUMBING & EXISTING CONDITIONS 3 MAINTAIN ACCESSIBLE ACCESS TO ADJACENT TENANT DURRINGBUSINESS HOURS 4 PATCH & PAINT ALL WALLS IN THIS ROOM, FINISH & COLOR TOMATCH EXISTING 5 REMOVE & SALVAGE PLUMBING FIXTURE, TO BE REINSTALLED INSAME LOCATION. VERIFY WITH PLUMB 6 PROVIDE NEW COMPACTED FILL, GRAVEL BASE, AND CONCRETESLAB TO MATCH EXISTING ASSEMBLY, PROPERTIES, AND LOOK,TYP. PATCH & REPAIR ADJACENT AREAS OF SLAB AS NEEDED. PREPFOR NEW FINISHES 7 PROVIDE COMPACTED FILL, GRAVEL BASE, & CONCRETE SIDEWALKTO MATCH EXISTING ASSEMBLY, PROPERTIES, AND LOOK.CONCRETE SIDEWALK TO BE MIN 4" THICK M-4500 psi, WITH MIN 3"GRAVEL BASE. ALL MATERIALS TO CONFORM TO CITY OF BOZEMANMODIFICATIONS TO MONTANA PUBLIC WORKS STANDARDSPECIFICATIONS SEVENTH EDITION 8 NEW CONTROL JOINTS IN SIDEWALK TO ALIGN WITH EXISTING &MATCH CONTROL JOINTS THAT WERE PRESENT PRIOR TO START OFWORK 10 REINSTALL SALVAGED FIXTURE, VERIFY WITH PLUMB 11 FLOORING BY OTHERS 12 NEW FLOOR CLEAN OUT, SEE PLUMBING 1/4" = 1'-0"A101 1DEMOLITION PLAN 1/4" = 1'-0"A101 2FLOOR PLAN NORTH REF NORTH REF 1" = 60'-0" KEY PLAN NORTH REF 3/4" = 1'-0"A101 4CONC SLAB ON GRADE CUT REPAIR 3/4" = 1'-0"A101 3PIPE PENETRATION GUIDE AT FOUNDATIONS SKYANN COOK ARC-ARC-LIC-5549L TICENS E D ARCHIT E CBNOZEMA M AONTANS AT A TEOF MO N TAN80 W V AV CO/WCO FCO GCO S=.XXX SYMBOL DESCRIPTION SYMBOL DESCRIPTION SANITARY SEWER VENT ACID VENT CLEANOUT/ WALL CLEANOUT FLOOR CLEANOUT GRADE CLEANOUT SLOPE DOWN IN DIRECTION OF FLOW SLEEVE (PIPE) THRU WALL OR FLOOR TEE UP TEE DOWN ELBOW UP ELBOW DOWN PLUMBING LEGEND PIPE CAP PIPE DRAIN & CAP CONNECT TO EXISTING NEW PIPING EXISTING PIPING PIPING TO BE REMOVED DISCONNECT FROM EXISTING A.CONSTRUCT THE BUILDING SYSTEMS IN FULL COMPLIANCE WITH ALL APPLICABLE LOCAL BUILDING CODES, LATEST EDITION. COMPLY WITH THE FOLLOWING AS MODIFIED BY THE LOCAL JURISDICTION: 2021 UNIFORM PLUMBING CODE OR CODES ENFORCED BY LOCAL AUTHORITY HAVING JURISDICTION. PLUMBING FIXTURES AND SPECIALTIES A.a.b. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. SLOPE WASTE PIPING IN DIRECTION OF FLOW UNLESS NOTED OTHERWISE ON PLANS:PIPE SIZE 3" OR SMALLER: 1/4" PER FOOTPIPE SIZE 4" AND GREATER: 1/8" PER FOOT SLOPE VENT PIPE 1/8" PER FOOT BACK TO FIXTURES. FOR WALL-HANGING FIXTURES, INSTALL OFF-FLOOR SUPPORTS AFFIXED TO BUILDING SUBSTRATE. INSTALL AND SECURE FIXTURES IN PLACE WITH WALL CARRIERS AND BOLTS. SEAL FIXTURES TO WALL AND FLOOR SURFACES WITH SEALANT, COLOR TO MATCH FIXTURE. INSTALL EQUIPMENT AND COMPONENTS LEVEL AND PLUMB. SET SERVICE SINKS IN A LEVELING BED OF CEMENT GROUT. INSULATE AND COVER ALL DRAINAGE AND WATER SUPPLY PIPING LOCATED UNDER LAVATORIES AND SINKS. EXTEND CLEANOUTS TO FINISHED FLOOR OR WALL SURFACE. INSTALL CHROME PLATED ROUND COVER. DO NOT INSTALL FLOOR CLEANOUTS IN TRAFFIC AREAS OF FINISHED CORRIDORS. PROVIDE PROTECTIVE COVERING OF INSTALLED FIXTURES. DO NOT ALLOW USE OF FIXTURES FOR TEMPORARY FACILITIES UNLESS APPROVED IN WRITING BY OWNER. MAINTAIN INDICATED FIRE RATING OF WALLS, PARTITIONS, CEILINGS, AND FLOORS AT PIPE PENETRATIONS. SEAL PIPE PENETRATIONS WITH UL LISTED FIRE STOP MATERIALS. INSTALL PIPING FREE OF SAGS AND BENDS. INSTALL FITTINGS FOR CHANGES IN DIRECTION AND BRANCH CONNECTIONS. INSTALL PVC SOIL AND WASTE DRAINAGE VENT PIPING ACCORDING TO ASTM D 2665. INSTALL UNDERGROUND PVC SOIL AND WASTE DRAINAGE PIPING ACCORDING TO ASTM D 2321. PROVIDE DIELECTRIC NIPPLES AT CONNECTIONS BETWEEN DISSIMILAR METALS. DIELECTRIC COUPLINGS OR UNIONS ARE NOT ACCEPTABLE. INSTALL EACH FIXTURE WITH TRAP, EASILY REMOVABLE FOR SERVICING AND CLEANING. FOR LAVATORIES AND SINKS SUBJECT TO ADA REQUIREMENTS, PROVIDE MANUFACTURED FORMED INSULATING JACKETS FOR ALL EXPOSED WASTES, P-TRAPS, AND WATER SUPPLY RISER FITTINGS AND PIPING. INSTALL CHROME PLATED ESCUTCHEONS AT WALL, FLOOR, AND CEILING PENETRATIONS IN EXPOSED FINISHED LOCATIONS AND WITHIN CABINETS AND MILLWORK. PIPING ROUTING SHOWN IS EXPANDED FOR CLARITY. EXACT ROUTING MAY VARY TO ACCOMMODATE EQUIPMENT AND ACCESSIBILITY REQUIREMENTS. REGULATORY REQUIREMENTS, GENERAL BASIC MECHANICAL REQUIREMENTS A. B. C. D. E. F. a. G. GENERAL SCOPE: THE CONTRACTOR SHALL, INSTALL AND COORDINATE ALL PLUMBING WORK TO PROVIDE COMPLETE AND OPERATIONAL PLUMBING INSTALLATIONS. SUPPLY AND INSTALL COMPLETE PLUMBING SYSTEMS THROUGHOUT TO COMPLETE PROJECT FOR PLUMBING SYSTEMS DESCRIBED HEREIN AND INDICATED ON DRAWINGS. DRAWINGS ARE IN-PART DIAGRAMMATIC. PROVIDE SHOP DRAWINGS FOR ALL PIPING AND EQUIPMENT PRIOR TO ORDERING. CONTRACTOR SHALL BE RESPONSIBLE FOR SCHEDULING WORK FOR A TWO WEEK SHOP DRAWING REVIEW PERIOD. CONTRACTOR SHALL GUARANTEE THAT ALL MATERIAL FURNISHED BE ACCEPTABLE IN EVERY RESPECT AND, IF NOT FOUND ACCEPTABLE, SHALL REPLACE THE SAME IMMEDIATELY. ALL WORK AND MATERIAL SHALL BE GUARANTEED FOR ONE (1) YEAR FROM DATE OF SUBSTANTIAL COMPLETION. CONTRACTOR SHALL MAINTAIN A SET OF RED-LINED AS-BUILT DRAWINGS DURING CONSTRUCTION AND SUBMIT TO OWNER AT PROJECT COMPLETION. PLUMBING PERFORMANCE REQUIREMENTS: PROVIDE COMPONENTS AND INSTALLATION CAPABLE OF PRODUCING PIPING SYSTEMS WITH THE FOLLOWING:SANITARY WASTE AND VENT PIPING: 10 FT. HEAD OF WATER. PLUMBING DESIGN REQUIREMENTS: COMPLY WITH THE REQUIREMENTS OF THE CITY OF BOZEMAN AND AUTHORITIES HAVING JURISDICTION. PLUMBING PIPING A.a. MATERIALS DRAIN, WASTE, VENT, RAINWATER LEADER AND OVERFLOW PIPING:BELOW GRADE: PVC PIPE, ASTM D2665 OR ASTM D3034, WITH PVC FITTINGS AND ASTM D2564 SOLVENT WELDED JOINTS. INCLUDE PRIMER ACCORDING TO ASTM F656. MANUFACTURERS SEE PLUMBING FIXTURE SCHEDULE ON DRAWINGS. CONTRACTOR CAN SUBMIT REQUEST FOR SUBSTITUTIONS ON THE BELOWMANUFACTURERS. PRIOR APPROVALS TO BE RECEIVED BY ENGINEER FOR REVIEW, MINIMUM ONE WEEK PRIOR TO BID DATE. •••• WALL, FLOOR AND GRADE CLEAN OUTS:JAY R. SMITH, MFG. CO.JOSAM COMPANY. MIFAB INC.ZURN INDUSTRIES, INC. PLUMBING EXECUTION PLUMBING SPECIFICATIONS, DIVISION 22 A. B. TESTING GENERAL: THE PURPOSE OF PIPE TESTING IS TO OBTAIN EVIDENCE OF SATISFACTORY WORKMANSHIP AND MATERIALS. REMAKE OR REPAIR ALL SYSTEMS WHICH DO NOT PRODUCE SATISFACTORY RESULTS. SHOW A SIGNATURE FROM OWNER, CODE OFFICIAL, OR ENGINEER'S ASSIGNEE THAT EACH TEST WAS WITNESSED. DRAIN, WASTE, VENT: INSTALL ALL PIPING TO THE POINT OF CONNECTION TO MAIN BUT DO NOT MAKE TIE-IN. USE THE STANDARD AIR PRESSURE TEST AND SOAP ALL JOINTS. INSPECT FOR LEAKS. MAKE THE TIE-IN TO EXISTING AND INSPECT FOR LEAKS, OPERATING ALL FIXTURES DISCHARGING INTO THE PIPING BEING TESTED FOR AT LEAST 5 MINUTES CONTINUOUSLY. REVISIONS 2/19/2026 2:18:23 PM PLUMBINGSCHEDULES ANDLEGENDS P001 | Project# COB_TERM25_PGSWR | L:\COBozemanMT\COB_TERM25_PGSWR\BIMCAD\Revit 02.23.2026 © 2025 | ALL RIGHTS RESERVED CONSTRUCTIONDOCUMENTS OFFICE SEWER UPGRADECITY OF BOZEMANPARKING GARAGEPROJ# | COB_TERM25_PGSWRDESIGNED BY | MITCHELLDRAWN BY | MITCHELLREVIEWED BY | WHEAT PLUMBING ABBREVIATIONS (E)EXISTING (N)NEW AFF ABOVE FINISHED FLOOR BG BELOW GRADE CO CLEANOUT CX CONNECT TO EXISTING DN PIPE DROP TO NEXT LEVEL FCO FLOOR CLEANOUT GCO GRADE CLEANOUT IE INVERT ELEVATION IRR IRRIGATION MAX MAXIMUM MIN MINIMUM SS SANITARY SEWER TPL TRAP PRIMER LINE UP PIPE RISE TO NEXT LEVEL V VENT VTR VENT THRU ROOF W WASTE WCO WALL CLEANOUT PLUMBING FIXTURE & CONNECTION SCHEDULE PLANCODEADAFIXTURETRIMACCESSORIES CONNECTIONS NOTES PLANCODEITEMMANUFACTURERMODELTYPEMATERIALCOLORTRIMMANUFACTURERMODELITEMMANUFACTURERMODELCOLDHOTWASTEVENT FCOCLEAN OUTJ.R. SMITH4021FLOORCAST IRON-FLOORCOVERJ.R. SMITHNICKEL BRONZEPLUGPLASTIC PVC / ABS ROUND TOP FCO GCOCLEAN OUTJ.R. SMITH4880GRADECAST IRON-GRADECOVERJ.R. SMITHSCORIATED CAST IRON -HEAVY DUTYPLUGPLASTIC PVC / ABS ROUND TOP, TWO-WAYCLEANOUT TEE GCO M AONTAN PAROFESSIONL E RN GINEER. ROGERWHEAT No. 19996 PE LICENS E D 81 GENERAL PLUMBING NOTES A. B. C. D. E. REVIEW ARCHITECTURAL, STRUCTURAL, CIVIL, MECHANICAL, AND ELECTRICAL PLANS THOROUGHLY TO BECOME FAMILIAR WITH THIS PROJECT. ALL PLANS AND ALL SPECIFICATIONS COMPRISE ONE DOCUMENT OF WHICH THESE SHEETS ARE ONLY A PART. PIPING SHOWN IS DIAGRAMMATIC ONLY. ANY MAJOR DEVIATION FROM THESE PLANS SHOULD BE COORDINATED WITH THE ENGINEER OF RECORD BEFORE PROCEEDING. ALL NEW PIPING ON MAIN FLOOR SHALL BE CONCEALED IN WALLS, ABOVE CEILING, OR UNDER GROUND UNLESS OTHERWISE NOTED ON THESE PLANS. COORDINATE ROUTING WITH OTHER DISCIPLINES. ALL WORK SHALL COMPLY WITH THE CURRENT ACCEPTED EDITION OF THE ?PC, NFPA 99 AND ALL APPLICABLE CODES OF LOCAL JURISDICTION. SLOPE SOIL PIPE 1/4" PER FOOT IN DIRECTION OF FLOW, UNLESS NOTED OTHERWISE ON PLANS. SLOPE VENT PIPE 1/8" PER FOOT BACK TO FIXTURES. (E) GCO (E) FCO (E) FCO (E) 4" W (E) 2" V(E) 2" V (E) 3" W(E) 2" V (E) 4" W (E) FD (E) FD(E) FD (E) MSK (E) WC(E) LAV(E) LAV(E) WC (E) 4" W 11 3 3 4 4444 2 13 3 I.E. -6' 45 B (E) MSK (E) WC(E) LAV(E) LAV(E) WC GCO FCO (E) FCO (E) GCO (E) FD (E) FD (E) FD (E) 2" V (E) 2" V (E) 4" W (E) 3" W (E) 2" V (E) 2" V (E) 2" V (E) 2" W (E) 4" W 5 1 1 2 3 4 4 4 4 4 131 3 4" W 3 I.E. -4'-10" 6 4 5 B 1. 2. 3. 4. EXISTING 2" VENT UP. EXISTING 2" WASTE UP. DISCONNECT AND REMOVE EXISTING UNDERSLAB TO POINT INDICATED. PREPARE PIPE ENDS FOR RECONNECTION. PLUMBING FIXTURE SHALL REMAIN IN PLACE WITHOUT MODIFICATION. #DEMOLITION KEYNOTES 1. 2. 3. 4. 5. 6. EXISTING 2" VENT UP. EXISTING 2" WASTE UP. CONNECT TO EXISTING. FIELD VERIFY LOCATION AND ELEVATION. PLUMBING FIXTURE SHALL REMAIN IN PLACE WITHOUT MODIFICATION. PIPE CAP. OFFSET DOWN TO ROUTE PIPE BELOW FOOTING. SEE 3/A101 FOR MORE INFORMATION. #KEYNOTES AREA OF WORK TENANT TENANT TENANT TENANT TENANT PARKING GARAGE MENDENHALL ST BUS LANE KEYPLAN 1" = 60'-0" REVISIONS 2/19/2026 2:18:25 PM DWV PLANS P100 | Project# COB_TERM25_PGSWR | L:\COBozemanMT\COB_TERM25_PGSWR\BIMCAD\Revit 02.23.2026 © 2025 | ALL RIGHTS RESERVED CONSTRUCTIONDOCUMENTS OFFICE SEWER UPGRADECITY OF BOZEMANPARKING GARAGEPROJ# | COB_TERM25_PGSWRDESIGNED BY | MITCHELLDRAWN BY | MITCHELLREVIEWED BY | WHEAT 1/4" = 1'-0"P100 1FIRST FLOOR PLAN - WASTE & VENT 1/4" = 1'-0"P100 2 FIRST FLOOR PLAN - WASTE & VENT NORTH REF NORTH REF NORTH REF M AONTAN PAROFESSIONL E RN GINEER. ROGERWHEAT No. 19996 PE LICENS E D 82 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana Bid Set No. CONTRACT DOCUMENTS, PLANS, AND SPECIFICATIONS For BOZEMAN PARKING GARAGE OFFICE SEWER UPGRADE Specifications Filed in the Office of the City Clerk Bids to be received at procurement@bozeman.net -and/or- Bozeman City Hall, 121 N. Rouse Ave Bozeman, Montana 59715 until 5:00 p.m. on Friday, Month Date 83 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana BIDDER'S CHECKLIST Please utilize the following Bidder's Checklist before submitting your bid. 1) Original Bid Bond Enclosed? (Personal checks, business checks, and faxed copies are not acceptable.) 2) Certificate of Non-Segregated Facilities signed? 3) Certificate of Compliance with Insurance Requirements filled out and signed? 4) Bid Proposal: a. Arithmetic Checked? b. Numerical Bid Prices agree with written Bid Prices? c. Addendum acknowledged on proposal sheet and cover? d. Signature portion completely filled out? 5) Bid Envelope: a. Addressed properly? b. Addendums acknowledged on bid envelope? c. Contains Contract document/specification booklet? d. Sealed? 6) Bid submitted prior to required time at specified location? Be sure to seal your bid. Include the name of the bid, and acknowledgement of all addenda on the outside of the bid envelope. Leave all proposal sheets intact in the Contract Document book. Return the complete Contract Document book. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED 84 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana BOZEMAN PARKING GARAGE OFFICE SEWER UPGRADE PROJECT MANUAL TABLE OF CONTENTS PAGES BIDDERS CHECKLIST ..................................................................................................... 1 PROJECT MANUAL TABLE OF CONTENTS ................................................................... 2 SECTION 001000 - INVITATION TO BID ......................................................................... 3 SECTION 022113 - INSTRUCTIONS TO BIDDERS ......................................................... 7 CERTIFICATE OF NON-SEGREGATED FACILITIES ...................................................... 2 CERTIFICATE OF COMPLIANCE WITH INSURANCE REQUIREMENTS ....................... 2 BID BOND ........................................................................................................................ 3 SECTION 004100 - BID FORM ......................................................................................... 4 SAMPLE CONSTRUCTION AGREEMENT FORM .......................................................... 17 PERFORMANCE BOND ................................................................................................... 4 PAYMENT BOND ............................................................................................................. 7 NOTICE OF AWARD ........................................................................................................ 1 NOTICE TO PROCEED .................................................................................................... 1 MEASUREMENT & PAYMENT ......................................................................................... 1 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION .............................................. 1 TECHNICAL SPECIFICATIONS ...................................................................................... 118 DIVISION 01 – GENERAL REQUIREMENTS 011000 – SUMMARY 012000 – PRICE AND PAYMENT PROCEDURES 012500 – SUBSTITUTION PROCEDURES 013000 – ADMINISTRATIVE REQUIREMENTS 013216 – CONSTRUCTION PROGRESS SCHEDULE 014000 – QUALITY REQUIREMENTS 014216 – DEFINITIONS 015000 – TEMPORARY FACILITIES AND CONTROLS 015719 – TEMPORARY ENVIRONMENTAL CONTROLS 85 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana 015813 – TEMPORARY PROJECT SIGNAGE 016000 – PRODUCT REQUIREMENTS 016116 – VOLATILE ORGANIC COMPOUND (VOC) CONTENT RESTRICTIONS 017000 – EXECUTION AND CLOSEOUT REQUIREMENTS 017419 – CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017610 – TEMPORARY PROTECTIVE COVERINGS 017800 – CLOSEOUT SUBMITTALS 017900 – DEMONSTRATION AND TRAINING DIVISION 02 – EXISTING CONDITIONS 024100 – DEMOLITION APPENDIX A CONTRACT FORMS NOTICE OF AWARD ................................................................................................. 1 NOTICE TO PROCEED ............................................................................................. 1 LIST OF SUBCONTRACTORS ................................................................................. 1 CONTRACTORS APPLICATION FOR PAYMENT FORM ......................................... 2 REQUEST FOR INFORMATION ............................................................................... 1 CHANGE ORDER FORM .......................................................................................... 4 SUBSTANTIAL COMPLETION FORM ...................................................................... 1 CONTRACTOR’S AFFIDAVIT OF RELEASE OF LIENS ........................................... 1 CONSENT OF SURETY TO FINAL PAYMENT ......................................................... 1 APPENDIX B PREVAILING WAGE RATES STATE OF MONTANA PREVAILING WAGE RATES FOR BUILDING CONSTRUCTION SERVICES JANUARY 11, 2025 ................................................................................ 21 APPENDIX C DRAWINGS (SEPARATELY BOUND) CONSTRUCTION PLANS................................................................................................. 4 86 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana INVITATION TO BID 001000 – 1 SECTION 001000 - INVITATION TO BID NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms to reroute an existing sewer line including but not limited to tying new line into the sewage main, replacing all disturbed concrete, replacing all disturbed subbase as well as completing safety checks, and commissioning the new portion of the system. Copies of the Request for Proposals are available on the City’s website. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFPs via email to the City Clerk by [Thursday, June 25th] at [5:00pm] MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: procurement@bozeman.net NON-DISCRIMINATION AND EQUAL PAY The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFP on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under 87 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana INVITATION TO BID 001000 – 2 this RFP and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication and has read the material. Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, procurement@bozeman.net. Questions relating to the RFP should be directed to: Shane Miller, Facilities Project Coordinator, (406) 577-7425, smiller@bozeman.net. DATED at Bozeman, Montana, this [Wednesday, May 28th] . Mike Maas City Clerk City of Bozeman For publication on: Saturday, [June 6th] Saturday, [June 13th] 88 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana INVITATION TO BID 001000 – 3 END OF SECTION 89 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana INSTRUCTIONS TO BIDDERS 002113 - 1 SECTION 002113 - INSTRUCTIONS TO BIDDERS The City of Bozeman (Owner), is seeking proposals from firms to undertake contracting services at the Bridger Parking Garage related to the rerouting of sewer lines. The Owner intends to enter into a contract with the selected firm that will include the rerouting an existing sewer line to incude but not limited to tying new line into the sewage main, replacing all disturbed concrete, replacing all disturbed subbase as well as completing safety checks, and commissioning the new portion of the sytem. This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The Owner reserves the right to accept or reject all responses received as a result of this RFP if it is in the Owner’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFP, all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. PROJECT BACKGROUND AND DESCRIPTION The Bridger Park Garage, located on East Mendenhall Street, opened in 2009 to alleviate downtown parking congestion, providing 435 spaces and acting as a hub for the Streamline bus system. Following a 40-year period of free parking that ended in 1980, the need for increased, centralized parking returned as downtown Bozeman. Since then several business have been established in the commercial suites as well as several City of Bozeman services. This routing will help to alleviate excess burden and ensure local businesses and services continue normal operations undisturbed. SCOPE OF SERVICES Scope of services will include but not limited to rerouting an existing sewer line, tying new line into the sewage main, replacing all disturbed concrete, replacing all disturbed subbase as well as completing safety checks, and commissioning the new portion of the 90 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana INSTRUCTIONS TO BIDDERS 002113 - 2 sytem. PROPOSAL REQUIREMENTS Firms interested in providing the services described above are requested to submit the following information. Responses to each item should appear in the same order as in this RFP and should identifythe item to which the responses applies.  Executive Summary  Qualifications of the Firm for Scope of Services; Cost  Schedule  Related Experience with Similar Projects AƯirmation of Nondiscrimination (see Appendix A) Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS EVENT DATE/TIME Publication dates of RFP Saturday, [June 6th] Saturday, [June 13th] Deadline for receipt of proposals [Thursday, June 25th] Evaluation of proposals TBD Interviews (if necessary) and Selection of consultants TBD With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. Deliver RFPs via email to the City Clerk (procurement@bozeman.net) by [Thursday, June 25th] at [5:00pm] MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement 91 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana INSTRUCTIONS TO BIDDERS 002113 - 3 of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. AMENDMENTS TO SOLICITATION Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is [5:00pm] MST on [Thursday, June 18th]. CONTACT INFORMATION Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk, (406) 582-2321, procurement@bozeman.net Questions relating to scope of services should be directed to: Cushing Terrell Erin Hasquet, Architect, erinhasquet@cushingterrell.com, (406) 922-7108 -and- City of Bozeman Shane Miller, Facilities Project Coordinator, smiller@bozeman.net, (406) 577-7425 SELECTION PROCEDURE A review committee will evaluate all responses to the RFP that meet the submittal requirements and deadline. Submittals that do not meet the requirement or deadline will not be considered. The review committee will rank the proposals and may arrange interviews with the finalist(s) prior to selection. Selection may be made directly based on the written RFP submission. If interviews occur, the selection of finalists to be interviewed will be made by a selection committee representing the City of Bozeman. The selection of interview candidates will be based on an evaluation of the written responses to the RFPs. All submitted proposals must be complete and contain the information required as stated in the "Request for Proposals.” 92 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana INSTRUCTIONS TO BIDDERS 002113 - 4 SELECTION CRITERIA Proposals will be evaluated based on the following criteria:  [5 points] Executive Summary  [45 points] Qualifications of the Firm for Scope of Services; Cost  [30 points] Schedule  [5 points] Related Experience with Similar Projects FORM OF AGREEMENT The Contractor will be required to enter into a contract with the City in substantially the same form as the professional services agreement attached as Attachment B. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER All proposals submitted in response to this RFP become the property of the City and public records and, as such, may be subject to public review. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFP, all Respondents who submitted will be notified using email. B. The City reserves the right to accept or reject any and all proposals; to add or delete items and/or quantities; to amend the RFP; to waive any minor irregularities, informalities, or failure to conform to the RFP; to extend the deadline for submitting proposals; to postpone award for up to 60 days; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards or phases are determined by the City to be in the public interest. 93 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana INSTRUCTIONS TO BIDDERS 002113 - 5 C. The City of Bozeman reserves the right to reject the proposal of any person/firm who previously failed to perform properly to the satisfaction of the City of Bozeman, or complete on time agreements of similar nature, or to reject the proposal of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City of Bozeman. D. The City of Bozeman reserves the right to determine the best qualified Contractor and negotiate a final scope of service and cost, negotiate a contract with another Contractor if an agreement cannot be reached with the first selected Contractor, or reject all proposals. E. The professional services contract between the City of Bozeman and the successful Contractor will incorporate the Contractor's scope of service and work schedule as part of the agreement (see Appendix B for form of professional services agreement. The professional services agreement presented to the Contractor may diƯer from this form as appropriate for the scope of services). F. This RFP does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by firms in responding to this request for proposals or request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Contractor, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises this RFP, all Contractors who submitted proposals will be notified using email. H. Projects under any contract are subject to the availability of funds. 94 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana INSTRUCTIONS TO BIDDERS 002113 - 6 NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any oƯicer, employee, or agent of the City shall aƯect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City oƯicer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. Employment Restriction and Indemnity. No person who is an owner, oƯicer, employee, contractor, or consultant of a respondent shall be an oƯicer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, its oƯicers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its oƯicers, employees, contractors, and consultants. Each Respondent shall save and hold the City harmless with respect 95 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana INSTRUCTIONS TO BIDDERS 002113 - 7 to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent’s oƯicers, employees, contractors and consultants. D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301. E. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an RFP not properly addressed and identified in accordance with these documents. F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. ATTACHMENTS The following exhibits are incorporated in this RFP: Appendix A: Non-Discrimination Affirmation Appendix B: Construction Agreement Appendix C: Construction Drawings dated 2026.02.23 Appendix D: Technical Specifications dated 2026.04.22 END OF RFP 96 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana INSTRUCTIONS TO BIDDERS 002113 - 7 THIS PAGE INTENTIONALLY LEFT BLANK 97 BOZEMAN PARKING GARAGE – SEWER UPGRADES Bozeman, Montana CERTIFICATE OF COMLIANCE WITH INSURANCE REQUIREMENTS Page 1 CERTIFICATE OF NON-SEGREGATED FACILITIES (Applicable to federally assisted construction contracted and related subcontracts exceeding $1,000 which are not exempt from the Equal Opportunity Clauses) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. Date Signature Name and Title of Signer (Please Type) NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 98 BOZEMAN PARKING GARAGE – SEWER UPGRADES Bozeman, Montana CERTIFICATE OF COMLIANCE WITH INSURANCE REQUIREMENTS Page 2 THIS PAGE INTENTIONALLY LEFT BLANK 99 BOZEMAN PARKING GARAGE – SEWER UPGRADES Bozeman, Montana CERTIFICATE OF COMLIANCE WITH INSURANCE REQUIREMENTS Page 1 CERTIFICATE OF COMPLIANCE WITH INSURANCE REQUIREMENTS The undersigned Contractor hereby acknowledges that he/she has read and understands the insurance requirements specified in this contract, and hereby agrees (1) that such insurance will be maintained in at least the amounts and types specified in this contract and during any modifications and/or time extensions granted thereto; (2) that these required insurance policies will each contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interest of the City of Great Falls in such insurance will not be effective for such period as may be prescribed by the Laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof has been given to the contracting officer; (3) that Montana Workmen's Compensation Insurance, or letter of reciprocal agreement with another state, will be maintained on this contract for and during the entire performance period and for and during any modifications and/or time extensions granted thereto; and (4) that this agreement will become a part of and be incorporated into the above referenced contract, and will be legally binding and enforceable at law. INSURANCE COMPANY (IES): PHONE NO. CONTRACTOR: Date: (Authorized Signature) --------------------------------------------------------------------------------------------------------------------- ACCEPTANCE The undersigned authorized representative, on behalf of the City of Great Falls, hereby accepts and ratifies the above agreement and hereby incorporates the above agreement into the above referenced contract. By: (Date) (Authorized representative) 100 BOZEMAN PARKING GARAGE – SEWER UPGRADES Bozeman, Montana CERTIFICATE OF COMLIANCE WITH INSURANCE REQUIREMENTS Page 2 THIS PAGE INTENTIONALLY LEFT BLANK 101 BOZEMAN PARKING GARAGE – SEWER UPGRADES Bozeman, Montana EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. pg. 1 BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description: (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) 102 BOZEMAN PARKING GARAGE – SEWER UPGRADES Bozeman, Montana EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. pg. 2 Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 103 BOZEMAN PARKING GARAGE – SEWER UPGRADES Bozeman, Montana EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. pg. 3 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. 104 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana BID FORM 004100 - 1 SECTION 004100 BID FORM THE PROJECT AND THE PARTIES 1.1 TO: A. Owner – City of Bozeman 121 North Rouse Avenue Bozeman, Montana 59715 1.2 FOR: A. Project: BOZEMAN PARKING GARAGE – OFFICE SEWER UPGRADES 1.3 DATE: ______________ (BIDDER TO ENTER DATE) 1.4 SUBMITTED BY: (BIDDER TO ENTER NAME AND ADDRESS) A. Bidder's Full Name _________________________ 1. Address _________________________ 2. City, State, Zip_________________________ 1.5 OFFER A. Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Bid Documents prepared by Cushing Terrell for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of: B. _____________________________________________________________ ________________________________________ dollars ($_______________), in lawful money of the United States of America. C. We have included the required security deposit as required by the Instruction to Bidders. D. We have included the required performance assurance bonds in the Bid Amount as required by the Instructions to Bidders. 1. The cost of the required performance assurance bonds is ______________ _dollars ($___________), in lawful money of the United States of America. E. All applicable federal taxes are included and State of Montana taxes are included in the Bid Sum. F. All Cash and Contingency Allowances described in Section 012100 - Allowances are included in the Bid Sum. 105 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana BID FORM 004100 - 2 1.6 ACCEPTANCE A. This offer shall be open to acceptance and is irrevocable for thirty days from the bid closing date. B. If this bid is accepted by Owner within the time period stated above, we will: 1. Execute the Agreement within seven days of receipt of Notice of Award. 2. Furnish the required bonds within seven days of receipt of Notice of Award. 3. Commence work within seven days after written Notice to Proceed of this bid. C. If this bid is accepted within the time stated, and we fail to commence the Work or we fail to provide the required Bond(s), the security deposit shall be forfeited as damages to Owner by reason of our failure, limited in amount to the lesser of the face value of the security deposit or the difference between this bid and the bid upon which a Contract is signed. D. In the event our bid is not accepted within the time stated above, the required security deposit shall be returned to the undersigned, in accordance with the provisions of the Instructions to Bidders; unless a mutually satisfactory arrangement is made for its retention and validity for an extended period of time. 1.7 CONTRACT TIME A. If this Bid is accepted, we will: B. Complete the Work in _______ calendar weeks from Notice to Proceed. 1.8 CHANGES TO THE WORK A. When Engineer establishes that the method of valuation for Changes in the Work will be net cost plus a percentage fee in accordance with General Conditions, our percentage fee will be: 1. ______ percent overhead and profit on the net cost of our own Work; 2. ______ percent on the cost of work done by any Subcontractor. B. On work deleted from the Contract, our credit to Owner shall be Architect- approved net cost plus _________ of the overhead and profit percentage noted above. 1.9 ADDENDA A. The following Addenda have been received. The modifications to the Bid Documents noted below have been considered and all costs are included in the Bid Sum. 106 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana BID FORM 004100 - 3 1. Addendum # _______ Dated ________________. 2. Addendum # _______ Dated ________________. 3. Addendum # _______ Dated ________________ 1.10 BID FORM SUPPLEMENTS A. The following information is included with Bid submission: 1. Subcontractors: ________, ________, ________. 2. Alternates: ________, ________. 3. References: B. The following Supplements are attached to this Bid Form and are considered an integral part of this Bid Form: 1. Document 004323 - Alternates Form: Include the cost variations to the Bid Sum applicable to the Work as described in Section ________. 1.11 BID FORM SIGNATURE(S) A. The Corporate Seal of B. ____________________________________________ C. (Bidder - print the full name of your firm) D. (Seal) E. ____________________________________________ F. (Authorized signing officer, Title) END OF SECTION 107 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana BID FORM 004100 - 4 THIS PAGE INTENTIONALLY LEFT BLANK 108 SAMPLE CONSTRUCTION AGREEMENT Page 1 of 17 CONSTRUCTION AGREEMENT This Construction 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, , , hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1. Work to be Performed: a. A description of the work to be performed to (the “Construction Project”) and Contractor’s duties is set forth in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof, and in the drawings, plans, and specifications provided by the City, which are included in the Scope of Services attached hereto as Exhibit A. b. Prior to the commencement of any work on the Construction Project, Contractor’s representatives and City’s representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the parties are unable to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications. c. Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. d. During work on the Construction Project, and as part of the final completion of the Construction Project, Contractor shall clean up the Project site, 109 SAMPLE CONSTRUCTION AGREEMENT Page 2 of 17 including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project. 2. City-Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement. 3. Time of Performance: Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project no later than . Time is of the essence of completion of all work and each phase of the Construction Project. 4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor’s failure to complete the Construction Project on time. 5. Compensation: a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of Dollars ($ ). b. If work not included within the original Construction Documents is requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”). c. City shall retain five percent (5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all “punch list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty (30) days after the City’s final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 110 SAMPLE CONSTRUCTION AGREEMENT Page 3 of 17 6. Inspection and Testing: a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 7. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s performance of the remaining portions of the Construction Project. In the event City takes possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. City’s use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions of the Construction Project. 8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor’s performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the 111 SAMPLE CONSTRUCTION AGREEMENT Page 4 of 17 opportunity to perform the related work, and shall properly coordinate the Contractor’s work on the Construction Project with the related work. 9. Contractor’s Warranties: Contractor represents and warrants as follows: a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. b. All workmanship and materials shall be of a kind and nature acceptable to the City. c. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) year from the final completion and acceptance by the City of the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until the completion of the Construction Project. f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times. g. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. 112 SAMPLE CONSTRUCTION AGREEMENT Page 5 of 17 Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of the Construction Project. k. Contractor’s performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation of existing machinery or equipment. l. Title to all work, materials, and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. 10. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 11. Suspension: a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known 113 SAMPLE CONSTRUCTION AGREEMENT Page 6 of 17 to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Project, including those portions on which work has been suspended. c. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim. e. No compensation described in Section 11(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this Agreement. 12. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed 114 SAMPLE CONSTRUCTION AGREEMENT Page 7 of 17 with all or any part of the Construction Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project. b. In the event of a termination pursuant to this Section 12, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Construction Project has been completed. Upon completion of the Construction Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. c. Any termination provided for by this Section 12 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 12, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease work on the Construction Project, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease work on the Construction Project, discontinue placing orders for materials, supplies, and equipment for the Construction Project, and make every reasonable effort to cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary 115 SAMPLE CONSTRUCTION AGREEMENT Page 8 of 17 to preserve, protect, and maintain work already completed, in progress, or in transit to the construction site. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property. d. The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 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 shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _____________________ or such 116 SAMPLE CONSTRUCTION AGREEMENT Page 9 of 17 other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 16. Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 17. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Construction Project, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 19. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, 117 SAMPLE CONSTRUCTION AGREEMENT Page 10 of 17 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. 20. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Construction Project. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 22. Labor Relations: a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction Project to cease for any period of time, Contractor 118 SAMPLE CONSTRUCTION AGREEMENT Page 11 of 17 specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take to resume work on the Construction Project shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the work on the Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 23. Subcontractors: a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then 119 SAMPLE CONSTRUCTION AGREEMENT Page 12 of 17 City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty (30) days after its filing. 25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City ordinances. Contractor shall supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work involving these chemicals may commence. 26. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have the right to inspect all such accounts and records, including but not limited to, Contractor’s records, books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices, bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurance; Bonds: a. 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 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 City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. b. 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). 120 SAMPLE CONSTRUCTION AGREEMENT Page 13 of 17 c. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. e. 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. f. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. g. These obligations shall survive termination of this Agreement and the services performed hereunder. h. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in 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. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below: • Workers’ Compensation – not less than statutory limits; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Products and Completed Operations – $1,000,000; 121 SAMPLE CONSTRUCTION AGREEMENT Page 14 of 17 • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); • Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to the Construction Project or City Hall is covered by other insurance; • Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate; • Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 122 SAMPLE CONSTRUCTION AGREEMENT Page 15 of 17 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. i. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not be required to provide bonds as required by 18-2-201(1) under this Agreement. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue. 29. 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 shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 33. 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. 123 SAMPLE CONSTRUCTION AGREEMENT Page 16 of 17 34. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 35. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 36. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 37. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 38. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 124 SAMPLE CONSTRUCTION AGREEMENT Page 17 of 17 43. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR By: Print Name: Chuck Winn, Title: City Manager By: Print Name: Title: APPROVED AS TO FORM: By: Greg Sullivan, City Attorney 125 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. Page 1 of 4 PERFORMANCE BOND Contractor Name: [Full formal name of Contractor] Address (principal place of business): [Address of Contractor’s principal place of business] Surety Name: [Full formal name of Surety] Address (principal place of business): [Address of Surety’s principal place of business] Owner Name: [Full formal name of Owner] Address (principal place of business): [Address of Owner’s principal place of business] Contract Description (name and location): [Owner’s project/contract name, and location of the project] Contract Price: [Amount from Contract] Effective Date of Contract: [Date from Contract] Bond Bond Amount: [Amount] Date of Bond: [Date] (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. 126 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. Page 2 of 4 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond will arise after: 3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 127 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. Page 3 of 4 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond 128 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. Page 4 of 4 conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 16. Modifications to this Bond are as follows: [Describe modification or enter “None”] 129 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. Page 1 of 4 PAYMENT BOND Contractor Name: [Full formal name of Contractor] Address (principal place of business): [Address of Contractor’s principal place of business] Surety Name: [Full formal name of Surety] Address (principal place of business): [Address of Surety’s principal place of business] Owner Name: [Full formal name of Owner] Address (principal place of business): [Address of Owner’s principal place of business] Contract Description (name and location): [Owner’s project/contract name, and location of the project] Contract Price: [Amount from Contract] Effective Date of Contract: [Date from Contract] Bond Bond Amount: [Amount] Date of Bond: [Date] (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 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. 130 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. Page 2 of 4 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety’s obligations to a Claimant under this Bond will arise after the following: 5.1. Claimants who do not have a direct contract with the Contractor 5.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions: 7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2. Pay or arrange for payment of any undisputed amounts. 7.3. The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its 131 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. Page 3 of 4 obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety’s total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, will be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1. Claim—A written statement by the Claimant including at a minimum: 16.1.1. The name of the Claimant; 16.1.2. The name of the person for whom the labor was done, or materials or equipment furnished; 132 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. Page 4 of 4 16.1.3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 16.1.4. A brief description of the labor, materials, or equipment furnished; 16.1.5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 16.1.7. The total amount of previous payments received by the Claimant; and 16.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2. Claimant—An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond is to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 18. Modifications to this Bond are as follows: [Describe modification or enter “None”] 133 NOTICE OF AWARD 1 NOTICE OF AWARD Dated Project: Owner: Owner’s Contract No.: Contract: Architect’s Project No.: Bidder: Bidder’s Address: You are notified that your Bid dated for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for . The Contract Price of your Contract is Two copy(s) of each of the proposed Contract Documents (Project Manual) accompany this Notice of Award. Two sets of the Construction Drawings are included separately. You must comply with the following conditions precedent within fifteen [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner [two] fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents, Contract Bonds (2 original copies) as specified in the Construction Agreement, Exhibit H (Required Bonds). 3. Other conditions precedent: 1) Provide two original certificates of general liability insurance and two original copies of other required insurance documents, in accordance with the Construction Agreement, Exhibit G (Required Insurance Coverage). 2) Contractor shall ensure they are registered with the Department of Labor and have a current City of Great Falls Business License. 3) Provide other necessary permits as applicable. 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 [15] days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Owner By: Authorized Signature Title ____Initial and Return Copy to Architect 134 NOTICE TO PROCEED 1 NOTICE TO PROCEED Dated Project: Owner: Owner’s Contract No.: Contract: Architect’s Project No.: Contractor: Contractor’s Address: You are notified that the Contract Times under the above contract will commence to run on ______________________ . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with the Agreement, the date of Substantial Completion is , unless there is a shut down due to weather. Also before you may start any Work at the Site, you must: 1. Provide submittals, as pertinent to initiating work at the site 2. Contact the city inspector listed on pre-construction agenda to coordinate construction schedule. 3. Obtain all necessary permits Owner Given By: Authorized Signature Title Date ________ Initial and Return a Copy to Architect 135 MEASUREMENT AND PAYMENT SCOPE: The following description of work, measurement of pay quantity, and method of payment shall govern payment to Contractor under this Contract. Payment for these items shall be full compensation for the completed item of work furnished and installed, and the cost of any incidental work or materials required to complete the item. BID ITEM DESCRIPTION 101. Renovations: Measurement and Payment shall be made at the contract Lump Sum price for “Renovations.” All costs for mobilization, labor, materials, and equipment as necessary for the capping of the existing branch line, the re-routing of the sewer branch line serving the office restroom grouping, and associated concrete replacement work, both interior and exterior of the structure, and associated plumbing accessories. This project will also address architectural finish repairs, both existing and caused by sewer repair work. END OF SECTION 136 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION PAGE 1 OF 1 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 137 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana SUMMARY 011000 - 1 SECTION 011000 – SUMMARY PART 1 GENERAL 1.1 PROJECT A. Project Name: Bozeman Parking Garage – Office Sewer Upgrade B. Owner's Name: City of Bozeman C. Engineer's Name: Cushing Terrell D. Scope of services will include but is not limited to the capping of the existing branch line, the re-routing of the sewer branch line serving the office restroom grouping, and associated concrete replacement work, both interior and exterior of the structure, and associated plumbing accessories. This project will also address architectural finish repairs, both existing and caused by sewer repair work. 1.2 CONTRACT DESCRIPTION A. Contract Type: A single prime contract based on a Stipulated Price. 1.3 DESCRIPTION OF ALTERATIONS WORK A. Plumbing Upgrades B. Structural Repairs C. Concrete Replacement D. Architectural Finish Repairs 1.4 OWNER OCCUPANCY A. Owner and adjacent tenants (and the Public) will occupy the adjacent spaces within the existing building during the entire construction period. The space withing the existing building where work will be performed will be unoccupied throughout the duration of construction. B. Cooperate with Owner to minimize conflict and to facilitate Owner's operations. 138 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana SUMMARY 011000 - 2 C. Schedule the Work to accommodate adjacent tenant access during business hours. Coordinate exact times with Owner. 1.5 CONTRACTOR USE OF SITE AND PREMISES A. Provide access to and from site as required by law and by Owner: 1. Emergency Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered. 2. Do not obstruct roadways, sidewalks, or other public ways without permit. B. Existing building spaces may be used for storage of equipment and materials. C. Utility Outages and Shutdown: 1. Limit disruption of utility services to hours the building is unoccupied. 2. Do not disrupt or shut down life safety systems, including but not limited to fire sprinklers and fire alarm system, without 7 days notice to Owner and authorities having jurisdiction. 3. Prevent accidental disruption of utility services to other facilities. 1.6 WORK SEQUENCE A. Coordinate construction schedule and operations with Owner and Architect. END OF SECTION 139 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRICE AND PAYMENT PROCEDURES 012000 - 1 SECTION 012000 - PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.1 SECTION INCLUDES A. Procedures for preparation and submittal of applications for progress payments. B. Documentation of changes in Contract Sum and Contract Time. C. Change procedures. D. Correlation of Contractor submittals based on changes. E. Procedures for preparation and submittal of application for final payment. 1.2 RELATED REQUIREMENTS A. Section 017800 - Closeout Submittals: Project record documents. 1.3 SCHEDULE OF VALUES A. Use Schedule of Values Form: AIA G703, edition stipulated in the Agreement. B. Electronic media printout including equivalent information will be considered in lieu of standard form specified; submit draft to Architect for approval. C. Forms filled out by hand will not be accepted. D. Submit Schedule of Values in duplicate within 15 days after date established in Notice to Proceed. E. Format: Utilize the Table of Contents of this Project Manual. Identify each line item with number and title of the specification section. Identify site mobilization. F. Include separately from each line item, a direct proportional amount of Contractor's overhead and profit. G. Revise schedule to list approved Change Orders, with each Application For Payment. 1. 4 APPLICATIONS FOR PROGRESS PAYMENTS A. Payment Period: Submit at intervals stipulated in the Agreement. 140 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRICE AND PAYMENT PROCEDURES 012000 - 2 B. Use Form AIA G702 and Form AIA G703, edition stipulated in the Agreement. C. Electronic media printout including equivalent information will be considered in lieu of standard form specified; submit sample to Architect for approval. D. Forms filled out by hand will not be accepted. E. For each item, provide a column for listing each of the following: 1. Item Number. 2. Description of work. 3. Scheduled Values. 4. Previous Applications. 5. Work in Place and Stored Materials under this Application. 6. Authorized Change Orders. 7. Total Completed and Stored to Date of Application. 8. Percentage of Completion. 9. Balance to Finish. 10. Retainage. F. Execute certification by signature of authorized officer. G. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products. H. List each authorized Change Order as a separate line item, listing Change Order number and dollar amount as for an original item of work. I. Submit one electronic and copy of each Application for Payment. J. Include the following with the application: 1. Transmittal letter as specified for submittals in Section 013000. 2. Construction progress schedule, revised and current as specified in Section 013000. 3. Current construction photographs specified in Section 013000. 4. Partial release of liens from major subcontractors and vendors. 1.5 MODIFICATION PROCEDURES A. For minor changes not involving an adjustment to the Contract Sum or Contract Time, Architect will issue instructions directly to Contractor. B. For other required changes, Architect will issue a document signed by Owner instructing Contractor to proceed with the change, for subsequent inclusion in a Change Order. 1. The document will describe the required changes and will designate method of determining any change in Contract Sum or Contract Time. 2. Promptly execute the change. 141 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRICE AND PAYMENT PROCEDURES 012000 - 3 C. For changes for which advance pricing is desired, Architect will issue a document that includes a detailed description of a proposed change with supplementary or revised drawings and specifications, a change in Contract Time for executing the change with a stipulation of any overtime work required and the period of time during which the requested price will be considered valid. Contractor shall prepare and submit a fixed price quotation within 10 days. D. Contractor may propose a change by submitting a request for change to Architect, describing the proposed change and its full effect on the work, with a statement describing the reason for the change, and the effect on the Contract Sum and Contract Time with full documentation. Document any requested substitutions in accordance with Section 016000. E. Computation of Change in Contract Amount: As specified in the Agreement and Conditions of the Contract. 1. For change requested by Contractor, the amount will be based on the Contractor's request for a Change Order as approved by Architect. 2. For pre-determined unit prices and quantities, the amount will based on the fixed unit prices. F. Substantiation of Costs: Provide full information required for evaluation. 1. On request, provide the following data: a. Quantities of products, labor, and equipment. b. Taxes, insurance, and bonds. c. Overhead and profit. d. Justification for any change in Contract Time. e. Credit for deletions from Contract, similarly documented. 2. Support each claim for additional costs with additional information: a. Origin and date of claim. b. Dates and times work was performed, and by whom. c. Time records and wage rates paid. d. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 3. For Time and Material work, submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. G. Execution of Change Orders: Architect will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. H. After execution of Change Order, promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum. I. Promptly revise progress schedules to reflect any change in Contract Time, 142 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRICE AND PAYMENT PROCEDURES 012000 - 4 revise sub-schedules to adjust times for other items of work affected by the change, and resubmit. J. Promptly enter changes in Project Record Documents. K. The following forms are included for Contract Modifications: 1. AIA G701 - 2017 Change Order 2. AIA G709 - 2001 Work Change Proposal 3. AIA G710 - 2017 Architectural Supplemental Instructions 4. AIA G714 - 2017 Construction Change Directive 1.6 APPLICATION FOR FINAL PAYMENT A. Prepare Application for Final Payment as specified for progress payments, identifying total adjusted Contract Sum, previous payments, and sum remaining due. B. Application for Final Payment will not be considered until the following have been accomplished: 1. All closeout procedures specified in Section 017000. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION 143 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRICE AND PAYMENT PROCEDURES 012000 - 5 144 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRICE AND PAYMENT PROCEDURES 012000 - 6 145 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRICE AND PAYMENT PROCEDURES 012000 - 7 146 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRICE AND PAYMENT PROCEDURES 012000 - 8 147 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRICE AND PAYMENT PROCEDURES 012000 - 9 148 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRICE AND PAYMENT PROCEDURES 012000 - 10 149 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRICE AND PAYMENT PROCEDURES 012000 - 11 150 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana SECTION 012500 - SUBSTITUTION PROCEDURES PART 1 GENERAL 1.1 SECTION INCLUDES A. Procedural requirements for proposed substitutions. 1.2 RELATED REQUIREMENTS A. Section 013000 - Administrative Requirements: Submittal procedures, coordination. B. Section 016000 - Product Requirements: Fundamental product requirements, product options, delivery, storage, and handling. C. Section 016116 - Volatile Organic Compound (VOC) Content Restrictions: Restrictions on emissions of indoor substitute products. 1.3 DEFINITIONS A. Substitutions: Changes from Contract Documents requirements proposed by Contractor to materials, products, assemblies, and equipment. 1. Substitutions for Cause: Proposed due to changed Project circumstances beyond Contractor's control. a. Unavailability. b. Regulatory changes. 2. Substitutions for Convenience: Proposed due to possibility of offering substantial advantage to the Project. a. Substitution requests offering advantages solely to the Contractor will not be considered. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.1 GENERAL REQUIREMENTS A. A Substitution Request for products, assemblies, materials, and equipment constitutes a representation that the submitter: 151 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product, equipment, assembly, or system. 2. Agrees to provide the same warranty for the substitution as for the specified product. 3. Agrees to provide same or equivalent maintenance service and source of replacement parts, as applicable. 4. Agrees to coordinate installation and make changes to other work that may be required for the work to be complete, with no additional cost to Owner. 5. Waives claims for additional costs or time extension that may subsequently become apparent. 6. Agrees to reimburse Owner and Architect for review or redesign services associated with re-approval by authorities. B. A Substitution Request for specified installer constitutes a representation that the submitter: 1. Has acted in good faith to obtain services of specified installer, but was unable to come to commercial, or other terms. C. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. Burden of proof is on proposer. 1. Note explicitly any non-compliant characteristics. D. Content: Include information necessary for tracking the status of each Substitution Request, and information necessary to provide an actionable response. 1. Forms included in the Project Manual are adequate for this purpose, and must be used. If form is not provided, contact Owner and Architect for appropriate form. E. Limit each request to a single proposed substitution item. 1. Submit an electronic document, combining the request form with supporting data into single document. 3.2 SUBSTITUTION PROCEDURES DURING PROCUREMENT A. Submittal Time Restrictions: 1. Architect requests for substitutions shall be considered only if submitted at least 10 days prior to the date for receipt of bids. B. Submittal Form (before award of contract): 1. Submit substitution requests by completing the form attached to this section. See this form for additional information and instructions. Use only this form; other forms of submission are unacceptable. 152 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana 3.3 SUBSTITUTION PROCEDURES DURING CONSTRUCTION A. Submittal Form (after award of contract): 1. Submit substitution requests by completing the form attached to this section. See this section for additional information and instructions. Use only this form; other forms of submission are unacceptable. B. Submit request for Substitution for Cause within 14 days of discovery of need for substitution, but not later than 14 days prior to time required for review and approval by Architect, in order to stay on approved project schedule. C. Submit request for Substitution for Convenience within 14 days of discovery of its potential advantage to the project, but not later than 14 days prior to time required for review and approval by Architect, in order to stay on approved project schedule. 1. In addition to meeting general documentation requirements, document how the requested substitution benefits the Owner through cost savings, time savings, greater energy conservation, or in other specific ways. 2. Document means of coordinating of substitution item with other portions of the work, including work by affected subcontractors. 3. Bear the costs engendered by proposed substitution of: a. Owner's compensation to the Architect for any required redesign, time spent processing and evaluating the request. b. Other construction by Owner. c. Other unanticipated project considerations. D. Substitutions will not be considered under one or more of the following circumstances: 1. When they are indicated or implied on shop drawing or product data submittals, without having received prior approval. 2. Without a separate written request. 3.4 RESOLUTION A. Architect may request additional information and documentation prior to rendering a decision. Provide this data in an expeditious manner. B. Architect will notify Contractor in writing of decision to accept or reject request. 1. Architect's decision following review of proposed substitution will be noted on the submitted form. 3.5 ACCEPTANCE A. Accepted substitutions change the work of the Project. They will be documented and incorporated into work of the project by Change Order, Construction Change 153 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana Directive, Architectural Supplementary Instructions, or similar instruments provided for in the Conditions of the Contract. 3.6 CLOSEOUT ACTIVITIES A. Include completed Substitution Request Forms as part of the Project record. Include both approved and rejected Requests. 3.7 ATTACHMENTS A. A facsimile of the Substitution Request Form (During Construction) required to be used on the Project is included after this section. END OF SECTION 154 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 1 SECTION 013000 - ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL 1.1 SECTION INCLUDES A. General administrative requirements. B. Web-based project software service. C. Electronic document submittal service. D. Preconstruction meeting. E. Site mobilization meeting. F. Progress meetings. G. Construction progress schedule. H. Contractor's daily reports. I. Progress photographs. J. Coordination drawings. K. Submittals for review, information, and project closeout. L. Number of copies of submittals. M. Requests for Information (RFI) procedures. N. Submittal procedures. 1.2 RELATED REQUIREMENTS A. Section 013216 - Construction Progress Schedule: Form, content, and administration of schedules. B. Section 016000 - Product Requirements: General product requirements. C. Section 017000 - Execution and Closeout Requirements: Additional coordination requirements. D. Section 017800 - Closeout Submittals: Project record documents; operation and maintenance data; warranties and bonds. 155 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 2 1.3 REFERENCE STANDARDS A. AIA G716 - Request for Information; 2004. 1.4 GENERAL ADMINISTRATIVE REQUIREMENTS A. Comply with requirements of Section 017000 - Execution and Closeout Requirements for coordination of execution of administrative tasks with timing of construction activities. B. Contractor shall schedule and conduct construction meetings. C. Make the following types of submittals to Architect: 1. Requests for Information (RFI). 2. Requests for substitution. 3. Shop drawings, product data, and physical samples (paper and photocopies unacceptable). 4. Test and inspection reports. 5. Design data. 6. Manufacturer's instructions and field reports. 7. Applications for payment and change order requests. 8. Progress schedules. 9. Coordination drawings. 10. Correction Punch List and Final Correction Punch List for Substantial Completion. 11. Closeout submittals. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.1 WEB-BASED PROJECT SOFTWARE SERVICE A. Web-Based Project Software Service: Provide, administer, and use web-based project software to host and manage project communication and documentation. 1. Include, at minimum, the following features: a. Project directory, including Owner, Contractor, subcontractors, Architect, Architect's consultants, and other entities involved in the project. Include names of contact persons and contact information for each entity. b. Access control for each entity and for each workflow process to determine each entity's digital rights to create, modify, view, and print documents. c. Workflow planning, allowing customization of workflow for each project entity. 156 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 3 d. Creation, logging, tracking, and notification for project communications. e. Tracking of project communication statuses in real time, including timestamped response log. f. Procedures for viewing PDFs or similar file formats, allowing markups by each entity. Provide security features to lock markups against changes once submitted. g. Processing and tracking of payment applications. h. Processing and tracking of contract modifications. i. Creation and distribution of meeting minutes. j. Document management for drawings, specifications, and coordination drawings, including revision control. k. Management of construction progress photographs. l. Mobile device compatibility. m. Creation of data analytics reports. n. Creation and export of editable logs for software functions. Provide Owner, Architect, and Architect's consultants with rights and ability to download logs when requested. 2. Provide up to 20 user licenses for use by Owner, Architect, Architect's consultants, and other entities involved in the project. 3. Comply with the software service's current published licensing agreements. 4. Training: Provide one-hour, web-based training session for users of software service. Further training is the responsibility of the user. a. Representatives of Owner are scheduled and included in this training. 5. Project Closeout: Architect determines when to terminate the software service for the project and is responsible for obtaining archive copies of files for Owner. 6. Web-Based Project Software Services: Use one of the following: a. Procore Technologies. b. AutoDesk Build. c. Newforma, Inc d. Submittal Exchange. e. Substitutions: See Section 016000 - Product Requirements. 3.2 ELECTRONIC DOCUMENT SUBMITTAL SERVICE A. All documents transmitted for purposes of administration of the contract are to be in electronic (PDF, MS Word, or MS Excel) format, as appropriate to the document, and transmitted via an Internet-based submittal service that receives, logs and stores documents, provides electronic stamping and signatures, and notifies addressees via email. 1. Besides submittals for review, information, and closeout, this procedure applies to Requests for Information (RFIs), progress documentation, contract modification documents (e.g. supplementary instructions, change proposals, change orders), applications for payment, field reports and 157 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 4 meeting minutes, Contractor's correction punchlist, and any other document any participant wishes to make part of the project record. 2. Contractor and Architect are required to use this service. 3. It is Contractor's responsibility to submit documents in allowable format. 4. Subcontractors, suppliers, and Architect's consultants are to be permitted to use the service at no extra charge. 5. Users of the service need an email address, internet access, and PDF review software that includes ability to mark up and apply electronic stamps (such as Adobe Acrobat, www.adobe.com, or Bluebeam PDF Revu, www.bluebeam.com), unless such software capability is provided by the service provider. 6. Paper document transmittals will not be reviewed; emailed electronic documents will not be reviewed. 7. All other specified submittal and document transmission procedures apply, except that electronic document requirements do not apply to samples or color selection charts. B. Cost: The cost of the service is to be paid by Contractor; include the cost of the service in the Contract Sum. C. Submittal Service: Use one of the following: 1. Procore Technologies. 2. Submittal Exchange. 3. Newforma ConstructEx. 4. AutoDesk Build./ 5. Substitutions: See Section 016000 - Product Requirements. D. Training: One, one-hour, web-based training session will be arranged for all participants, with representatives of Architect and Contractor participating; further training is the responsibility of the user of the service. 1. Representatives of Owner are scheduled and included in this training. E. Project Closeout: Architect will determine when to terminate the service for the project and is responsible for obtaining archive copies of files for Owner. 3.3 PRECONSTRUCTION MEETING A. Schedule meeting after Notice of Award. B. Attendance Required: 1. Owner. 2. Architect. 3. Contractor. 4. Major Subcontractors. 5. Suppliers. 158 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 5 C. Agenda: 1. Execution of Owner-Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of subcontractors, list of products, schedule of values, and progress schedule. 5. Submission of initial Submittal schedule. 6. Designation of personnel representing the parties to Contract and Architect. 7. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 8. Scheduling. D. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, Owner, participants, and those affected by decisions made. 3.4 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the work at maximum monthly intervals. Anticipated OAC meetings to be up to 3 meetings. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. C. Attendance Required: 1. Contractor. 2. Owner. 3. Architect. 4. Special consultants. 5. Contractor's superintendent. 6. Major subcontractors. D. Agenda: 1. Review minutes of previous meetings. 2. Review of work progress. 3. Field observations, problems, and decisions. 4. Identification of problems that impede, or will impede, planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of RFIs log and status of responses. 7. Review of off-site fabrication and delivery schedules. 8. Maintenance of progress schedule. 9. Corrective measures to regain projected schedules. 10. Planned progress during succeeding work period. 11. Coordination of projected progress. 12. Maintenance of quality and work standards. 159 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 6 13. Effect of proposed changes on progress schedule and coordination. 14. Other business relating to work. E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, Owner, participants, and those affected by decisions made. 3.6 CONSTRUCTION PROGRESS SCHEDULE - SEE SECTION 013216 – CONSTRUCTION PROGRESS SCHEDULE A. If preliminary schedule requires revision after review, submit revised schedule within 10 days. B. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review. 1. Include written certification that major subcontractors have reviewed and accepted proposed schedule. C. Within 10 days after joint review, submit complete schedule. D. Submit updated schedule with each Application for Payment. 3.7 DAILY CONSTRUCTION REPORTS A. Include only factual information. Do not include personal remarks or opinions regarding operations and/or personnel. B. Prepare a daily construction report recording the following information concerning events at Project site and project progress: 1. Date. 2. High and low temperatures, and general weather conditions. 3. List of subcontractors at Project site. 4. Approximate count of personnel at Project site. 5. Major equipment at Project site. 6. Material deliveries. 7. Safety, environmental, or industrial relations incidents. 8. Meetings and significant decisions. 9. Unusual events (submit a separate special report). 10. Stoppages, delays, shortages, and losses. Include comparison between scheduled work activities (in Contractor's most recently updated and published schedule) and actual activities. Explain differences, if any. Note days or periods when no work was in progress and explain the reasons why. 11. Meter readings and similar recordings. 12. Emergency procedures. 13. Directives and requests of Authority(s) Having Jurisdiction (AHJ). 14. Change Orders received and implemented. 160 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 7 15. Testing and/or inspections performed. 16. Signature of Contractor's authorized representative. 3.8 PROGRESS PHOTOGRAPHS A. Submit new photographs at least once a month, within 3 days after being taken using a photographic documentation platform. B. Photography Type: Digital; electronic files. C. Provide photographs of site and construction throughout progress of work produced by an experienced photographer, acceptable to Architect. D. In addition to periodic, recurring views, take photographs of each of the following events: 1. Existing exterior and interior conditions prior to demolition, minimum of twenty (20). 2. Completion of site clearing. 3. Excavations in progress. 4. Foundations in progress and upon completion. 5. Structural framing in progress and upon completion. 6. Enclosure of building, upon completion. 7. Final completion, minimum of ten (10) photos. E. Take photographs as evidence of existing project conditions as follows: 1. Take photographs with maximum depth of field and in focus. 2. Views of Adjacent Buildings: Take photographs of interiors and exteriors of adjacent buildings to create a comprehensive documentation of the existing conditions before commencement of work. 3. Preconstruction Photographs: Photographs of existing site and surrounding properties and existing items to remain during construction shall indicate construction limits, flagged prior to construction photography, and record settlement or cracking of adjacent structures, pavements, and improvements. F. Views: 1. Provide non-aerial photographs from four cardinal views at each specified time, until date of Substantial Completion. 2. Consult with Architect for instructions on views required. 3. Provide factual presentation. 4. Provide correct exposure and focus, high resolution and sharpness, maximum depth of field, and minimum distortion. 5. Point of View Sketch: Provide sketch identifying point of view of each photograph. G. Digital Photographs: 24 bit color, minimum resolution of 3200 by 2400 pixels, in JPG format; provide files unaltered by photo editing software. Use flash in low 161 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 8 light levels or backlit conditions, and a 360-degree camera when required. 1. Delivery Medium: Via web-based project software service. 2. File Naming: Include project identification, date and time of view, GPS location data from camera, and view identification. 3. Point of View Sketch: Include digital copy of point of view sketch with each electronic submittal; include point of view identification in each photo file name. H. Construction photographic documentation platforms: 1. Procore Technologies. 2. StructionSite. 3. Substitutions: See Section 016000 - Product Requirements. 3.9 COORDINATION DRAWINGS A. Review drawings prior to submission to Architect. B. Coordination Drawings, General: Prepare coordination drawings according to requirements in individual Sections, and additionally where installation is not completely indicated on Shop Drawings, where limited space availability necessitates coordination, or if coordination is required to facilitate integration of products and materials fabricated or installed by more than one entity. 1. Content: Project-specific information, drawn accurately to a scale large enough to indicate and resolve conflicts. Do not base coordination drawings on standard printed data. Include the following information, as applicable: 2. Use applicable Drawings as a basis for preparation of coordination drawings. Prepare sections, elevations, and details as needed to describe relationship of various systems and components. a. Coordinate the addition of trade-specific information to coordination drawings in a sequence that best provides for coordination of the information and resolution of conflicts between installed components before submitting for review. b. Indicate functional and spatial relationships of components of architectural, structural, civil, mechanical, and electrical systems. c. Indicate space requirements for routine maintenance and for anticipated replacement of components during the life of the installation. d. Show location and size of access doors required for access to concealed dampers, valves, and other controls. 3. Indicate required installation sequences. a. Indicate dimensions shown on Drawings. Specifically note dimensions that appear to be in conflict with submitted equipment and minimum clearance requirements. Provide alternative sketches 162 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 9 to Architect indicating proposed resolution of such conflicts. Minor dimension changes and difficult installations will not be considered changes to the Contract. C. Coordination Drawing Organization: Organize coordination drawings as follows: 1. Floor Plans and Reflected Ceiling Plans: Show architectural and structural elements, and mechanical, plumbing, fire-protection, fire-alarm, and electrical Work. Show locations of visible ceiling-mounted devices relative to acoustical ceiling grid. Supplement plan drawings with section drawings where required to adequately represent the Work. 2. Plenum Space: Indicate subframing for support of ceiling, and wall systems, mechanical and electrical equipment, and related Work. Locate components within plenums to accommodate layout of light fixtures and other components indicated on Drawings. Indicate areas of conflict between light fixtures and other components. 3. Mechanical Rooms: Provide coordination drawings for mechanical rooms, showing plans and elevations of mechanical, plumbing, fire-protection, fire- alarm, and electrical equipment. 4. Structural Penetrations: Indicate penetrations and openings required for all disciplines. 5. Slab Edge and Embedded Items: Indicate slab edge locations and sizes and locations of embedded items for metal fabrications, sleeves, anchor bolts, bearing plates, angles, door floor closers, slab depressions for floor finishes, curbs and housekeeping pads, and similar items. 6. Mechanical and Plumbing Work: Show the following: a. Sizes and bottom elevations of ductwork, piping, and conduit runs, including insulation, bracing, flanges, and support systems. b. Dimensions of major components, such as dampers, valves, diffusers, access doors, cleanouts and electrical distribution equipment. c. Fire-rated enclosures around ductwork. 7. Electrical Work: Show the following: a. Runs of vertical and horizontal conduit 1-1/4 inches in diameter and larger. b. Light fixture, exit light, emergency battery pack, smoke detector, and other fire-alarm locations. c. Panel board, switchboard, switchgear, transformer, busway, generator, and motor-control center locations. d. Location of pull boxes and junction boxes, dimensioned from column center lines. 8. Fire-Protection System: Show the following: a. Locations of standpipes, mains piping, branch lines, pipe drops, and sprinkler heads. 163 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 10 9. Review: Architect will review coordination drawings to confirm that, in general, the Work is being coordinated, but not for the details of the coordination, which are Contractor’s responsibility. If Architect determines that coordination drawings are not being prepared insufficient scope or detail, or are otherwise deficient, Architect will so inform Contractor, who shall make suitable modifications and resubmit. D. Coordination Drawing Process: Prepare coordination drawings in the following manner: 1. Schedule submittal and review of Fire Sprinkler, Plumbing, HVAC, and Electrical Shop Drawings to make required changes prior to preparation of coordination drawings. 2. Commence routing of coordination drawing files with HVAC Installer, who will provide drawing plan files denoting approved ductwork. HVAC Installer will locate ductwork and piping on a single layer, using orange color. Forward drawings to Plumbing Installer. 3. Plumbing Installer will locate plumbing and equipment on a single layer, using blue color. 4. Fire Sprinkler Installer will locate piping and equipment, using red color. Fire Sprinkler Installer shall forward drawing files to Electrical Installer. 5. Electrical Installer will indicate service and feeder conduit runs and equipment in green color. Electrical Installer shall forward drawing files to Communications and Electronic Safety and Security Installer. 6. Communications and Electronic Safety and Security Installer will indicate cable trays and cabling runs and equipment in purple color. Communications and Electronic Safety and Security Installer shall forward completed drawing files to Contractor. 7. Contractor shall perform the final coordination review. As each coordination drawing is completed, Contractor will meet with Architect to review and resolve conflicts on the coordination drawings. E. Coordination Digital Data Files: Prepare coordination digital data files according to the following requirements: 1. File Preparation Format: 2. Same digital data software program, version, and operating system as original Drawings. 3. File Submittal Format: Submit or post coordination drawing files using format same as file preparation format. 4. BIM File Incorporation: Develop and incorporate coordination drawing files into BIM established for Project. a. Perform three-dimensional component conflict analysis as part of preparation of coordination drawings. Resolve component conflicts prior to submittal. Indicate where conflict resolution requires modification of design requirements by Architect. 5. Architect will furnish Contractor one set of digital data files of Drawings for use in preparing coordination digital data files. 164 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 11 a. Architect makes no representations as to the accuracy or completeness of digital data files as they relate to Drawings. b. Digital Data Software Program: Drawings are available in Revit 2022, Windows PC. c. Contractor shall execute a data licensing agreement in the form of AIA Document C106. 3.10 REQUESTS FOR INFORMATION (RFI) A. Definition: A request seeking one of the following: 1. An interpretation, amplification, or clarification of some requirement of Contract Documents arising from inability to determine from them the exact material, process, or system to be installed; or when the elements of construction are required to occupy the same space (interference); or when an item of work is described differently at more than one place in Contract Documents. B. Preparation: Prepare an RFI immediately upon discovery of a need for interpretation of Contract Documents. Failure to submit a RFI in a timely manner is not a legitimate cause for claiming additional costs or delays in execution of the work. 1. Prepare a separate RFI for each specific item. a. Review, coordinate, and comment on requests originating with subcontractors and/or materials suppliers. 2. Prepare in a format and with content acceptable to Owner. a. Use AIA G716 - Request for Information. 3. Prepare using software provided by the Electronic Document Submittal Service. 4. Combine RFI and its attachments into a single electronic file. PDF format is preferred. C. Reason for the RFI: Prior to initiation of an RFI, carefully study all Contract Documents to confirm that information sufficient for their interpretation is definitely not included. 1. Include in each request Contractor's signature attesting to good faith effort to determine from Contract Documents information requiring interpretation. 2. Unacceptable Uses for RFIs: Do not use RFIs to request the following: a. Approval of submittals (use procedures specified elsewhere in this section). b. Approval of substitutions (see Section - 016000 - Product Requirements) c. Changes that entail change in Contract Time and Contract Sum 165 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 12 (comply with provisions of the Conditions of the Contract). d. Different methods of performing work than those indicated in the Contract Drawings and Specifications (comply with provisions of the Conditions of the Contract). 3. Improper RFIs: Requests not prepared in compliance with requirements of this section, and/or missing key information required to render an actionable response. They will be returned without a response. 4. Frivolous RFIs: Requests regarding information that is clearly indicated on, or reasonably inferable from, Contract Documents, with no additional input required to clarify the question. They will be returned without a response. D. Content: Include identifiers necessary for tracking the status of each RFI, and information necessary to provide an actionable response. 1. Official Project name and number, and any additional required identifiers established in Contract Documents. 2. Owner's, Architect's, and Contractor's names. 3. Discrete and consecutive RFI number, and descriptive subject/title. 4. Issue date, and requested reply date. 5. Reference to particular Contract Document(s) requiring additional information/interpretation. Identify pertinent drawing and detail number and/or specification section number, title, and paragraph(s). 6. Annotations: Field dimensions and/or description of conditions which have engendered the request. 7. Contractor's suggested resolution: A written and/or a graphic solution, to scale, is required in cases where clarification of coordination issues is involved, for example; routing, clearances, and/or specific locations of work shown diagrammatically in Contract Documents. If applicable, state the likely impact of the suggested resolution on Contract Time or the Contract Sum. E. Attachments: Include sketches, coordination drawings, descriptions, photos, submittals, and other information necessary to substantiate the reason for the request. F. RFI Log: Prepare and maintain a tabular log of RFIs for the duration of the project. 1. Indicate current status of every RFI. Update log promptly and on a regular basis. 2. Note dates of when each request is made, and when a response is received. 3. Highlight items requiring priority or expedited response. 4. Highlight items for which a timely response has not been received to date. 5. Identify and include improper or frivolous RFIs. G. Review Time: Architect will respond and return RFIs to Contractor within fifteen calendar days of receipt. For the purpose of establishing the start of the mandated response period, RFIs received after 12:00 noon will be considered as having been received on the following regular working day. 166 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 13 1. For sequential reviews involving Architect's consultants, Owner, or another affected party, allow an additional 7 days. H. Responses: Content of answered RFIs will not constitute in any manner a directive or authorization to perform extra work or delay the project. If in Contractor's belief it is likely to lead to a change to Contract Sum or Contract Time, promptly issue a notice to this effect, and follow up with an appropriate Change Order request to Owner. 1. Response may include a request for additional information, in which case the original RFI will be deemed as having been answered, and an amended one is to be issued forthwith. Identify the amended RFI with an R suffix to the original number. 2. Upon receipt of a response, promptly review and distribute it to all affected parties, and update the RFI Log. 3. Notify Architect within seven calendar days if an additional or corrected response is required by submitting an amended version of the original RFI, identified as specified above. 3.11 SUBMITTAL SCHEDULE A. Submit to Architect for review a schedule for submittals in tabular format. 1. Submit at the same time as the preliminary schedule specified in Section - 013216 -Construction Progress Schedule. 2. Coordinate with Contractor's construction schedule and schedule of values. 3. Format schedule to allow tracking of status of submittals throughout duration of construction. 4. Arrange information to include scheduled date for initial submittal, specification number and title, submittal category (for review or for information), description of item of work covered, and role and name of subcontractor. 3.12 SUBMITTALS FOR REVIEW A. When the following are specified in individual sections, submit them for review: 1. Product data. 2. Design data. 3. Shop drawings. 4. Samples for selection. 5. Samples for verification. B. Submit to Architect for review for the limited purpose of checking for compliance with information given and the design concept expressed in Contract Documents. C. Samples will be reviewed for aesthetic, color, or finish selection. D. After review, provide copies and distribute in accordance with SUBMITTAL 167 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 14 PROCEDURES article below and for record documents purposes described in Section 017800 – Closeout Submittals. 3.13 SUBMITTALS FOR INFORMATION A. When the following are specified in individual sections, submit them for information: 1. Certificates. 2. Test reports. 3. Inspection reports. 4. Manufacturer's instructions. 5. Manufacturer's field reports. 6. Other types indicated. B. Submit for Architect's knowledge as contract administrator or for Owner. 3.14 SUBMITTALS FOR PROJECT CLOSEOUT A. Submit Correction Punch List for Substantial Completion. B. Submit Final Correction Punch List for Substantial Completion. C. When the following are specified in individual sections, submit them at project closeout in compliance with requirements of Section 017800 - Closeout Submittals: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. 5. Other types as indicated. D. Submit for Owner's benefit during and after project completion. 3.15 NUMBER OF COPIES OF SUBMITTALS A. Electronic Documents: Submit one electronic copy in PDF format; an electronically-marked up file will be returned. Create PDFs at native size and right-side up; illegible files will be rejected. B. Samples: Submit the number specified in individual specification sections; one of which will be retained by Architect. 1. After review, produce duplicates. 2. Retained samples will not be returned to Contractor unless specifically so stated. 168 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 15 3.16 SUBMITTAL PROCEDURES A. General Requirements: 1. Use a single transmittal for related items. 2. Submit separate packages of submittals for review and submittals for information, when included in the same specification section. 3. Transmit using approved form. a. Use form generated by Electronic Document Submittal Service software. 4. Sequentially identify each item. For revised submittals use original number and a sequential numerical suffix. 5. Identify: Project; Contractor; subcontractor or supplier; pertinent drawing and detail number; and specification section number and article/paragraph, as appropriate on each copy. 6. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction work, and coordination of information is in accordance with the requirements of the work and Contract Documents. a. Submittals from sources other than the Contractor, or without Contractor's stamp will not be acknowledged, reviewed, or returned. 7. Deliver each submittal on date noted in submittal schedule, unless an earlier date has been agreed to by all affected parties, and is of the benefit to the project. a. Upload submittals in electronic form to Electronic Document Submittal Service website. 8. Schedule submittals to expedite the Project, and coordinate submission of related items. a. For each submittal for review, allow 15 days excluding delivery time to and from the Contractor. b. For sequential reviews involving Architect's consultants, Owner, or another affected party, allow an additional 7 days. c. For sequential reviews involving approval from authorities having jurisdiction (AHJ), in addition to Architect's approval, allow an additional 30 days. 9. Identify variations from Contract Documents and product or system limitations that may be detrimental to successful performance of the completed work. 10. Provide space for Contractor and Architect review stamps. 11. When revised for resubmission, identify all changes made since previous submission. 12. Distribute reviewed submittals. Instruct parties to promptly report inability to comply with requirements. 169 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 16 13. Incomplete submittals will not be reviewed, unless they are partial submittals for distinct portion(s) of the work, and have received prior approval for their use. B. Product Data Procedures: 1. Submit only information required by individual specification sections. 2. Collect required information into a single submittal. 3. Do not submit (Material) Safety Data Sheets for materials or products. C. Shop Drawing Procedures: 1. Prepare accurate, drawn-to-scale, original shop drawing documentation by interpreting Contract Documents and coordinating related work. 2. Generic, non-project-specific information submitted as shop drawings do not meet the requirements for shop drawings. D. Samples Procedures: 1. Transmit related items together as single package. 2. Identify each item to allow review for applicability in relation to shop drawings showing installation locations. 3. Include with transmittal high-resolution image files of samples to facilitate electronic review and approval. Provide separate submittal page for each item image. 3.17 SUBMITTAL REVIEW A. Action Submittals: Architect will review each submittal, indicate corrections or revisions required and return. 1. PDF Submittals: Architect will indicate, via markup on each submittal, the appropriate action, as follows: a. Reviewed. Indicated the submittal has been reviewed meets design intent. b. Furnish as Corrected. Indicates the submittal has been reviewed and there are some comments that are to be corrected prior to ordering/ installation. c. Revise and Resubmit. Indicates the submittal had errors that need to be resolved through a new submittal showing the revisions requested. d. Submit Specified Item. Indicates some items from this specification sections were not included. Submit the item(s) indicated in a new submittal. e. Rejected. Indicates the product or submittal do not meet specification requirements. A new submittal is required and needs to comply with the specification requirements. END OF SECTION 170 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 17 171 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana ADMINISTRATIVE REQUIREMENTS 013000 - 18 172 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION PROGRESS SCHEDULE 013216 - 1 SECTION 013216 - CONSTRUCTION PROGRESS SCHEDULE PART 1 GENERAL 1.1 SECTION INCLUDES A. Preliminary schedule. B. Construction progress schedule, with network analysis diagrams and reports. 1.2 RELATED SECTIONS A. Section 011000 - Summary: Work sequence. 1.3 SUBMITTALS A. Within 10 days after date of Agreement, submit preliminary schedule. B. If preliminary schedule requires revision after review, submit revised schedule within 10 days. C. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review. 1. Include written certification that major contractors have reviewed and accepted proposed schedule. D. Within 10 days after joint review, submit complete schedule. E. Submit updated schedule with each Application for Payment. F. Submit in PDF format. G. Submit under transmittal letter form specified in Section 013000 - Administrative Requirements. 1.4 QUALITY ASSURANCE A. Contractor's Administrative Personnel: Five years minimum experience in using and monitoring CPM schedules on comparable projects. 1.5 SCHEDULE FORMAT A. Listings: In chronological order according to the start date for each activity. Identify each activity with the applicable specification section number. B. Sheet Size: Multiples of 8-1/2 by 11 inches. 173 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION PROGRESS SCHEDULE 013216 - 2 PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.1 PRELIMINARY SCHEDULE A. Prepare preliminary schedule in the form of a horizontal bar chart. 3.2 CONTENT A. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify each item by specification section number. C. Identify work of separate stages and other logically grouped activities. D. Provide sub-schedules for each phase of Work identified in Section 011000 - Summary. E. Include conferences and meetings in schedule. F. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. G. Provide separate schedule of submittal dates for shop drawings, product data, and samples, owner-furnished products, products identified under Allowances, and dates reviewed submittals will be required from Architect. Indicate decision dates for selection of finishes. H. Coordinate content with schedule of values specified in Section 012000 - Price and Payment Procedures. I. Provide legend for symbols and abbreviations used. 3.3 BAR CHARTS A. Include a separate bar for each major portion of Work or operation. B. Identify the first work day of each week. 3.4 NETWORK ANALYSIS A. Prepare network analysis diagrams and supporting mathematical analyses using the Critical Path Method. 174 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION PROGRESS SCHEDULE 013216 - 3 B. Illustrate order and interdependence of activities and sequence of work; how start of a given activity depends on completion of preceding activities, and how completion of the activity may restrain start of subsequent activities. C. Mathematical Analysis: Tabulate each activity of detailed network diagrams, using calendar dates, and identify for each activity: 1. Preceding and following event numbers. 2. Activity description. 3. Estimated duration of activity, in maximum 15 day intervals. 4. Earliest start date. 5. Earliest finish date. 6. Actual start date. 7. Actual finish date. 8. Latest start date. 9. Latest finish date. 10. Total and free float; float time shall accrue to Owner and to Owner's benefit. 11. Monetary value of activity, keyed to Schedule of Values. 12. Percentage of activity completed. 13. Responsibility. D. Analysis Program: Capable of compiling monetary value of completed and partially completed activities, accepting revised completion dates, and precomputation of all dates and float. E. Required Reports: List activities in sorts or groups: 1. By preceding work item or event number from lowest to highest. 2. By amount of float, then in order of early start. 3.5 REVIEW AND EVALUATION OF SCHEDULE A. Participate in joint review and evaluation of schedule with Architect at each submittal. B. Evaluate project status to determine work behind schedule and work ahead of schedule. C. After review, revise as necessary as result of review, and resubmit within 10 days. 3.6 UPDATING SCHEDULE A. Maintain schedules to record actual start and finish dates of completed activities. B. Indicate progress of each activity to date of revision, with projected completion date of each activity. C. Annotate diagrams to graphically depict current status of Work. 175 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION PROGRESS SCHEDULE 013216 - 4 D. Identify activities modified since previous submittal, major changes in Work, and other identifiable changes. E. Indicate changes required to maintain Date of Substantial Completion. F. Submit reports required to support recommended changes. G. Provide narrative report to define problem areas, anticipated delays, and impact on the schedule. Report corrective action taken or proposed and its effect. 3.7 DISTRIBUTION OF SCHEDULE A. Distribute copies of updated schedules to Contractor's project site file, to subcontractors, suppliers, Architect, Owner, and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in schedules. END OF SECTION 176 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana QUALITY REQUIREMENTS 014000 - 1 SECTION 014000 - QUALITY REQUIREMENTS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Submittals. B. Quality assurance. C. References and standards. D. Testing and inspection agencies and services. E. Contractor's construction-related professional design services. F. Contractor's design-related professional design services. G. Control of installation. H. Mock-ups. I. Tolerances. J. Manufacturers' field services. 1.2 RELATED REQUIREMENTS A. Section 013000 - Administrative Requirements: Submittal procedures. B. Section 014216 - Definitions. C. Section 016000 - Product Requirements: Requirements for material and product quality. 1.3 REFERENCE STANDARDS A. ASTM C1021 - Standard Practice for Laboratories Engaged in Testing of Building Sealants; 2008 (Reapproved 2023). B. ASTM C1077 - Standard Practice for Agencies Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Testing Agency Evaluation; 2024. C. ASTM 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; 2023. 177 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana QUALITY REQUIREMENTS 014000 - 2 D. ASTM E329 - Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection; 2023. E. ASTM E543 - Standard Specification for Agencies Performing Nondestructive Testing; 2021. F. ASTM E699 - Standard Specification for Agencies Involved in Testing, Quality Assurance, and Evaluating of Manufactured Building Components; 2016. G. IAS AC89 - Accreditation Criteria for Testing Laboratories; 2021. 1.4 DEFINITIONS A. Contractor's Quality Control Plan: Contractor's management plan for executing the Contract for Construction. B. Contractor's Professional Design Services: Design of some aspect or portion of the project by party other than the design professional of record. Provide these services as part of the Contract for Construction. 1. Design Services Types Required: a. Construction-Related: Services Contractor needs to provide in order to carry out the Contractor’s sole responsibilities for construction means, methods, techniques, sequences, and procedures. b. Design-Related: Design services explicitly required to be performed by another design professional due to highly-technical and/or specialized nature of a portion of the project. Services primarily involve engineering analysis, calculations, and design, and are not intended to alter the aesthetic aspects of the design. C. Design Data: Design-related, signed and sealed drawings, calculations, specifications, certifications, shop drawings and other submittals provided by Contractor, and prepared directly by, or under direct supervision of, appropriately licensed design professional. 1.5 CONTRACTOR'S CONSTRUCTION-RELATED PROFESSIONAL DESIGN SERVICES A. Coordination: Contractor's professional design services are subject to requirements of project's Conditions for Construction Contract. 1.6 CONTRACTOR'S DESIGN-RELATED PROFESSIONAL DESIGN SERVICES A. Coordination: Contractor's professional design services are subject to requirements of project's Conditions for Construction Contract. B. Base design on performance and/or design criteria indicated in individual specification sections. 178 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana QUALITY REQUIREMENTS 014000 - 3 1. Submit a Request for Information to Architect if the criteria indicated are not sufficient to perform required design services. C. Delegated Design Services Statement: Submit a statement signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional, indicating that the products and systems are in compliance with performance and design criteria indicated. Include list of codes, loads, and other factors used in performing these services. D. Scope of Contractor's Professional Design Services: Provide as indicated in technical specifications. 1.7 SUBMITTALS A. See Section 013000 - Administrative Requirements, for submittal procedures. B. Designer's Qualification Statement: Submit for Architect's knowledge as contract administrator, or for Owner's information. 1. Include information for each individual professional responsible for producing, or supervising production of, design-related professional services provided by Contractor. a. Full name. b. Professional licensure information. c. Statement addressing extent and depth of experience specifically relevant to design of items assigned to Contractor. C. Design Data: Submit for Architect's knowledge as contract administrator for the limited purpose of assessing compliance with information given and the design concept expressed in the Contract Documents, or for Owner's information. 1. Include calculations that have been used to demonstrate compliance to performance and regulatory criteria provided, and to determine design solutions. 2. Include required product data and shop drawings. 3. Include a statement or certification attesting that design data complies with criteria indicated, such as building codes, loads, functional, and similar engineering requirements. 4. Include signature and seal of design professional responsible for allocated design services on calculations and drawings. D. Test Reports: After each test/inspection, promptly submit two copies of report to Architect and to Contractor. 1. Include: a. Date issued. b. Project title and number. c. Name of inspector. d. Date and time of sampling or inspection. e. Identification of product and specifications section. f. Location in the Project. g. Type of test/inspection. 179 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana QUALITY REQUIREMENTS 014000 - 4 h. Date of test/inspection. i. Results of test/inspection. j. Compliance with Contract Documents. k. When requested by Architect, provide interpretation of results. 2. Test report submittals are for Architect's knowledge as contract administrator for the limited purpose of assessing compliance with information given and the design concept expressed in the Contract Documents, or for Owner's information. E. Certificates: When specified in individual specification sections, submit certification by the manufacturer and Contractor or installation/application subcontractor to Architect, in quantities specified for Product Data. 1. Indicate material or product complies with or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. F. Manufacturer's Instructions: When specified in individual specification sections, submit instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, for the Owner's information. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. 1.8 QUALITY ASSURANCE A. Testing Agency Qualifications: 1. Prior to start of work, submit agency name, address, and telephone number, and names of full time registered Engineer and responsible officer. 2. Submit copy of report of laboratory facilities inspection made by NIST Construction Materials Reference Laboratory during most recent inspection, with memorandum of remedies of any deficiencies reported by the inspection. 3. Qualification Statement: Provide documentation showing testing laboratory is accredited under IAS AC89. B. Designer Qualifications: Where professional engineering design services and design data submittals are specifically required of Contractor by Contract Documents, provide services of a Professional Engineer experienced in design of this type of work and licensed in the State in which the Project is located. C. Contractor's Quality Control (CQC) Plan: 1. Prior to start of work, submit a comprehensive plan describing how contract deliverables will be produced. Tailor CQC plan to specific requirements of the project. Include the following information: a. Management Structure: Identify personnel responsible for quality. Include a chart showing lines of authority. 1) Include qualifications (in resume form), duties, responsibilities of each person assigned to CQC function. b. Management Approach: Define, describe, and include in the plan specific methodologies used in executing the work. 180 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana QUALITY REQUIREMENTS 014000 - 5 1) Management and control of documents and records relating to quality. 2) Communications. 3) Coordination procedures. 4) Resource management. 5) Process control. 6) Inspection and testing procedures and scheduling. 7) Control of noncomplying work. 8) Tracking deficiencies from identification, through acceptable corrective action, and verification. 9) Control of testing and measuring equipment. 10) Managerial continuity and flexibility. c. Owner will not make a separate payment for providing and maintaining a Quality Control Plan. Include associated costs in Bid price. d. Acceptance of the plan is required prior to start of construction activities not including mobilization work. Owner's acceptance of the plan will be conditional and predicated on continuing satisfactory adherence to the plan. Owner reserves the right to require Contractor to make changes to the plan and operations, including removal of personnel, as necessary, to obtain specified quality of work results. D. Quality-Control Personnel Qualifications. Engage a person with requisite training and experience to implement and manage quality assurance (QA) and quality control (QC) for the project. 1.9 REFERENCES AND STANDARDS A. For products and workmanship specified by reference to a document or documents not included in the Project Manual, also referred to as reference standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Comply with reference standard of date of issue current on date of Contract Documents, except where a specific date is established by applicable code. C. Obtain copies of standards where required by product specification sections. D. Maintain copy at project site during submittals, planning, and progress of the specific work, until Substantial Completion. E. Should specified reference standards conflict with Contract Documents, request clarification from Architect before proceeding. F. Neither the contractual relationships, duties, or responsibilities of the parties in Contract nor those of Architect shall be altered from Contract Documents by mention or inference otherwise in any reference document. 181 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana QUALITY REQUIREMENTS 014000 - 6 1.10 TESTING AND INSPECTION AGENCIES AND SERVICES A. As indicated in individual specification sections, Owner or Contractor shall employ and pay for services of an independent testing agency to perform other specified testing. B. Employment of agency in no way relieves Contractor of obligation to perform Work in accordance with requirements of Contract Documents. C. Contractor Employed Agency: 1. Testing agency: Comply with requirements of ASTM E329, ASTM E543, ASTM E699, ASTM C1021, ASTM C1077, and ASTM D3740. 2. Inspection agency: Comply with requirements of ASTM D3740 and ASTM E329. 3. Laboratory Qualifications: Accredited by IAS according to IAS AC89. 4. Laboratory: Authorized to operate in the State in which the Project is located. 5. Laboratory Staff: Maintain a full time registered Engineer on staff to review services. 6. Testing Equipment: Calibrated at reasonable intervals either by NIST or using an NIST established Measurement Assurance Program, under a laboratory measurement quality assurance program. PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION 3.1 CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Architect before proceeding. D. Comply with specified standards as minimum quality for the work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Have work performed by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, and disfigurement. 182 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana QUALITY REQUIREMENTS 014000 - 7 3.2 MOCK-UPS A. Before installing portions of the Work where mock-ups are required, construct mock-ups in location and size indicated for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work. The purpose of mock-up is to demonstrate the proposed range of aesthetic effects and workmanship. B. Accepted mock-ups establish the standard of quality the Architect will use to judge the Work. C. Notify Architect fifteen (15) working days in advance of dates and times when mock-ups will be constructed. D. Provide supervisory personnel who will oversee mock-up construction. Provide workers that will be employed during the construction at Project. E. Tests shall be performed under provisions identified in this section and identified in the respective product specification sections. F. Assemble and erect specified items with specified attachment and anchorage devices, flashings, seals, and finishes. G. Obtain Architect's approval of mock-ups before starting work, fabrication, or construction. 1. Architect will issue written comments within seven (7) working days of initial review and each subsequent follow up review of each mock-up. 2. Make corrections as necessary until Architect's approval is issued. H. Architect will use accepted mock-ups as a comparison standard for the remaining Work. I. Where mock-up has been accepted by Architect and is specified in product specification sections to be removed, protect mock-up throughout construction, remove mock-up and clear area when directed to do so by Architect. 3.3 TOLERANCES A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Architect before proceeding. C. Adjust products to appropriate dimensions; position before securing products in place. 183 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana QUALITY REQUIREMENTS 014000 - 8 3.4 TESTING AND INSPECTION A. Testing Agency Duties: 1. Test samples of mixes submitted by Contractor. 2. Provide qualified personnel at site. Cooperate with Architect and Contractor in performance of services. 3. Perform specified sampling and testing of products in accordance with specified standards. 4. Ascertain compliance of materials and mixes with requirements of Contract Documents. 5. Promptly notify Architect and Contractor of observed irregularities or non- compliance of Work or products. 6. Perform additional tests and inspections required by Architect. 7. Attend preconstruction meetings and progress meetings. 8. Submit reports of all tests/inspections specified. B. Limits on Testing/Inspection Agency Authority: 1. Agency may not release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Agency may not approve or accept any portion of the Work. 3. Agency may not assume any duties of Contractor. 4. Agency has no authority to stop the Work. C. Contractor Responsibilities: 1. Deliver to agency at designated location, adequate samples of materials proposed to be used that require testing, along with proposed mix designs. 2. Cooperate with laboratory personnel, and provide access to the Work and to manufacturers' facilities. 3. Provide incidental labor and facilities: a. To provide access to Work to be tested/inspected. b. To obtain and handle samples at the site or at source of Products to be tested/ inspected. c. To facilitate tests/inspections. d. To provide storage and curing of test samples. 4. Notify Architect and laboratory 24 hours prior to expected time for operations requiring testing/inspection services. 5. Employ services of an independent qualified testing laboratory and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. 6. Arrange with Owner's agency and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. D. Re-testing required because of non-compliance with specified requirements shall be performed by the same agency on instructions by Architect. E. Re-testing required because of non-compliance with specified requirements shall be paid for by Contractor. 184 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana QUALITY REQUIREMENTS 014000 - 9 3.5 MANUFACTURERS' FIELD SERVICES A. When specified in individual specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start- up of equipment, test, adjust, and balance equipment as applicable, and to initiate instructions when necessary. B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. 3.6 DEFECT ASSESSMENT A. Replace Work or portions of the Work not complying with specified requirements. END OF SECTION 185 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana QUALITY REQUIREMENTS 014000 - 10 THIS PAGE INTENTIONALLY LEFT BLANK 186 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana DEFINITIONS 014216 - 1 SECTION 014216 - DEFINITIONS PART 1 GENERAL 1.1 SUMMARY A. Other definitions are included in individual specification sections. 1.2 DEFINITIONS A. Furnish: To supply, deliver, unload, and inspect for damage. B. In-kind: Descriptive term indicating new materials are to match the original material in detail and design in every regard, including but not limited to, form, size, material, species, grade, color, performance, profile, and all other salient characteristic that define the existing such that the new material would be indistinguishable from the original as determined solely by the Architect. C. Install: To unpack, assemble, erect, apply, place, finish, cure, protect, clean, start up, and make ready for use. D. OF/CI: Item is furnished by Owner and installed by Contractor. E. OF/OI: Item is furnished by Owner and installed by Owner. F. Product: Material, machinery, components, equipment, fixtures, and systems forming the work result. Not materials or equipment used for preparation, fabrication, conveying, or erection and not incorporated into the work result. Products may be new, never before used, or re-used materials or equipment. G. Project Manual: The book-sized volume that includes the procurement requirements (if any), the contracting requirements, and the specifications. H. Provide: To furnish and install. I. Supply: Same as Furnish. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION 187 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana DEFINITIONS 014216 - 2 THIS PAGE INTENTIONALLY LEFT BLANK 188 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY FACILITIES AND CONTROLS 015000 - 1 SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Temporary utilities. B. Temporary telecommunications services. C. Temporary sanitary facilities. D. Temporary Controls: Barriers, enclosures, and fencing. E. Security requirements. F. Vehicular access and parking. G. Waste removal facilities and services. H. Field offices. 1.2 REFERENCE STANDARDS A. ASTM E84 - Standard Test Method for Surface Burning Characteristics of Building Materials; 2023d. 1.3 TEMPORARY UTILITIES A. Provide and pay for all electrical power, lighting, water, heating and cooling, and ventilation required for construction purposes. B. Existing facilities may not be used. C. New permanent facilities may not be used. 1.4 TELECOMMUNICATIONS SERVICES A. Provide, maintain, and pay for telecommunications services to field office at time of project mobilization. B. Telecommunications services shall include: 1. Web-based video conferencing service (i.e. Webex, Zoom, MS Teams). 2. Minimum 50-inch display monitor. 3. External webcam with minimum 1080p at 60 FPS. 4. Microphone and speakers for adequate coverage for all participants. Architect and Owner to confirm the setup meets the needs of the project. 189 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY FACILITIES AND CONTROLS 015000 - 2 5. Windows-based personal computer dedicated to project telecommunications, with necessary software and laser printer. 6. Internet Connections: Minimum of 10 mbps up and 100 mbps down; DSL modem or faster. 7. Email: Account/address reserved for project use. 8. Project web site. 9. Telecommunications services will be available for use by both Owner and Architect. 1.5 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. Provide at time of project mobilization. B. Maintain daily in clean and sanitary condition. C. At end of construction, return facilities to same or better condition as originally found. 1.6 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas, to prevent access to areas that could be hazardous to workers or the public, to allow for owner's use of site and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide barricades and covered walkways required by governing authorities for public rights-of-way and for public access to existing building. C. Provide protection for plants designated to remain. Replace damaged plants. D. Protect non-owned vehicular traffic, stored materials, site, and structures from damage. 1.7 FENCING A. Provide 6 foot high fence around construction site; equip with vehicular and pedestrian gates with locks. Coordinate with Owner for any exceptions the this. 1.8 EXTERIOR ENCLOSURES A. Provide temporary insulated weather tight closure of exterior openings to accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification sections, and to prevent entry of unauthorized persons. Provide access doors with self-closing hardware and locks. 190 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY FACILITIES AND CONTROLS 015000 - 3 1.9 INTERIOR ENCLOSURES A. Provide temporary partitions and ceilings as indicated to separate work areas from Owner-occupied areas, to prevent penetration of dust and moisture into Owner-occupied areas, and to prevent damage to existing materials and equipment. B. Construction: Framing and reinforced polyethylene sheet materials with closed joints and sealed edges at intersections with existing surfaces: 1. Maximum flame spread rating of 75 in accordance with ASTM E84. 1.10 SECURITY A. Provide security and facilities to protect Work, existing facilities, and Owner's operations from unauthorized entry, vandalism, or theft. 1.11 VEHICULAR ACCESS AND PARKING A. Comply with regulations relating to use of streets and sidewalks, access to emergency facilities, and access for emergency vehicles. B. Coordinate access and haul routes with governing authorities and Owner. C. Provide and maintain access to fire hydrants, free of obstructions. D. Provide means of removing mud from vehicle wheels before entering streets. E. Provide temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. 1.12 WASTE REMOVAL A. See Section 017419 - Construction Waste Management and Disposal, for additional requirements. B. Provide waste removal facilities and services as required by authorities having jurisdiction to maintain the site in clean and orderly condition. C. Provide containers with lids. Remove trash from site periodically. D. If materials to be recycled or re-used on the project must be stored on-site, provide suitable non-combustible containers; locate containers holding flammable material outside the structure unless otherwise approved by the authorities having jurisdiction. E. Open free-fall chutes are not permitted. Terminate closed chutes into appropriate containers with lids. 191 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY FACILITIES AND CONTROLS 015000 - 4 1.13 FIELD OFFICES A. Office: Weathertight, with lighting, electrical outlets, heating, cooling equipment, and equipped with sturdy furniture, drawing rack, and drawing display table. B. Provide space for Project meetings, with table and chairs to accommodate 10 persons. C. Locate offices a minimum distance of 30 feet from existing and new structures. 1.14 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary utilities, equipment, facilities, materials, prior to Date of Substantial Completion inspection. B. Remove underground installations to a minimum depth of 2 feet. Grade site as indicated. C. Clean and repair damage caused by installation or use of temporary work. D. Restore new permanent facilities used during construction to specified condition. PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION - NOT USED END OF SECTION 192 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY ENVIRONMENTAL CONTROLS 015719 - 1 SECTION 015719 - TEMPORARY ENVIRONMENTAL CONTROLS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Construction procedures to promote adequate indoor air quality after construction. B. Building flush-out after construction and before occupancy. C. Testing indoor air quality before commencement of construction; existing building areas only. D. Testing indoor air quality after completion of construction. E. Testing air change effectiveness after completion of construction. 1.2 PROJECT GOALS A. Dust and Airborne Particulates: Prevent deposition of dust and other particulates in HVAC ducts and equipment. 1. Cleaning of ductwork is not contemplated under this Contract. 2. Contractor shall bear the cost of cleaning required due to failure to protect ducts and equipment from construction dust. 3. Establish condition of existing ducts and equipment prior to start of alterations. B. Airborne Contaminants: Procedures and products have been specified to minimize indoor air pollutants. 1. Furnish products meeting the specifications. 2. Avoid construction practices that could result in contamination of installed products leading to indoor air pollution. 1.3 RELATED REQUIREMENTS A. Section 014000 - Quality Requirements: Testing and inspection services. B. Section 016116 - Volatile Organic Compound (VOC) Content Restrictions. C. Section 234000 - HVAC Air Cleaning Devices: HVAC filters. D. Section 230593 - Testing, Adjusting, and Balancing for HVAC: Testing HVAC systems for proper air flow rates, adjustment of dampers and registers, and settings for equipment. E. Section 230130.51 - HVAC Air-Distribution System Cleaning: Cleaning air ducts, equipment, and terminal units. 193 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY ENVIRONMENTAL CONTROLS 015719 - 2 1.4 REFERENCE STANDARDS A. ASHRAE Std 129 - Measuring Air-Change Effectiveness; 1997 (Reaffirmed 2002). B. ASTM D5197 - Standard Test Method for Determination of Formaldehyde and Other Carbonyl Compounds in Air (Active Sampler Methodology); 2021. C. ASTM E779 - Standard Test Method for Determining Air Leakage Rate by Fan Pressurization; 2019. D. ASTM E1186 - Standard Practices for Air Leakage Site Detection in Building Envelopes and Air Barrier Systems; 2017. E. ASTM E1827 - Standard Test Methods for Determining Airtightness of Buildings Using an Orifice Blower Door; 2022. F. CAL (CDPH SM) - Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions from Indoor Sources Using Environmental Chambers Version 1.2; 2017. G. EPA 600/4-90/010 - Compendium of Methods for the Determination of Air Pollutants in Indoor Air; 1990. H. EPA 625/R-96/010b - Compendium of Methods for the Determination of Toxic Organic Compounds in Ambient Air; 1999, with Addendum (2000). I. SMACNA (OCC) - IAQ Guidelines for Occupied Buildings Under Construction; 2007. 1.5 DEFINITIONS A. Adsorptive Materials: Gypsum board, acoustical ceiling tile and panels, carpet and carpet tile, fabrics, fibrous insulation, and other similar products. B. Contaminants: Gases, vapors, regulated pollutants, airborne mold and mildew, and the like, as specified. C. Particulates: Dust, dirt, and other airborne solid matter. D. Wet Work: Concrete, plaster, coatings, and other products that emit water vapor or volatile organic compounds during installation, drying, or curing. 1.6 SUBMITTALS A. See Section 013000 - Administrative Requirements for submittal procedures. B. Indoor Air Quality Management Plan: Describe, in detail, measures to be taken to promote adequate indoor air quality upon completion; use SMACNA (OCC) as a guide. 194 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY ENVIRONMENTAL CONTROLS 015719 - 3 1. Submit not less than 60 days before enclosure of building. 2. Identify potential sources of odor and dust. 3. Identify construction activities likely to produce odor or dust. 4. Identify areas of project potentially affected, especially occupied areas. 5. Evaluate potential problems by severity and describe methods of control. 6. Describe construction ventilation to be provided, including type and duration of ventilation, use of permanent HVAC systems, types of filters and schedule for replacement of filters. 7. Describe cleaning and dust control procedures. C. Interior Finishes Installation Schedule: Identify each interior finish that either generates odors, moisture, or vapors or is susceptible to adsorption of odors and vapors, and indicate air handling zone, sequence of application, and curing times. D. Duct and Terminal Unit Inspection Report. E. Ventilation Effectiveness Test Plan: Identify: 1. Testing agency qualifications. 2. Description of test spaces, including locations of air sampling. 3. Test procedures, in detail; state whether tracer gas decay or step-up will be used. 4. Test instruments and apparatus; identify tracer gas to be used. 5. Sampling methods. F. Ventilation Effectiveness Test Reports: Show: 1. Preliminary tests of instruments and apparatus and of test spaces. 2. Calculations of ventilation effectiveness, variable "E". 3. Location where each sample was taken, and time. 4. Test values for each air sample. 5. HVAC operating conditions. 6. Other information specified in ASHRAE Std 129. 7. Other conditions or discrepancies that might have influenced results. 1.7 QUALITY ASSURANCE A. Testing and Inspection Agency Qualifications: Independent testing agency having minimum of 5 years’ experience in performing the types of testing specified. PART 2 - PRODUCTS 2.1 MATERIALS A. Low VOC Materials: See Section 016116. B. Low VOC Materials: See other sections for specific requirements for materials with low VOC content. 195 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY ENVIRONMENTAL CONTROLS 015719 - 4 PART 3 - EXECUTION 3.1 CONSTRUCTION PROCEDURES A. Prevent the absorption of moisture and humidity by adsorptive materials by: 1. Sequencing the delivery of such materials so that they are not present in the building until wet work is completed and dry. 2. Delivery and storage of such materials in fully sealed moisture- impermeable packaging. 3. Provide sufficient ventilation for drying within reasonable time frame. B. Begin construction ventilation when building is substantially enclosed. C. If extremely dusty or dirty work must be conducted inside the building, shut down HVAC systems for the duration; remove dust and dirt completely before restarting systems. D. When working in a portion of an occupied building, prevent movement of air from construction area to occupied area. E. Do not store construction materials or waste in mechanical or electrical rooms. F. Prior to use of return air ductwork without intake filters clean up and remove dust and debris generated by construction activities. 1. Inspect duct intakes, return air grilles, and terminal units for dust. 2. Clean plenum spaces, including top sides of lay-in ceilings, outsides of ducts, tops of pipes and conduit. 3. Clean tops of doors and frames. 4. Clean mechanical and electrical rooms, including tops of pipes, ducts, and conduit, equipment, and supports. 5. Clean return plenums of air handling units. 6. Remove intake filters last, after cleaning is complete. G. Do not perform dusty or dirty work after starting use of return air ducts without intake filters. H. Use other relevant recommendations of SMACNA (OCC) for avoiding unnecessary contamination due to construction procedures. 3.2 BUILDING FLUSH-OUT A. Contractor's Option: Either full continuous flush-out OR satisfactory air contaminant testing is required, not both. B. Perform building flush-out before occupancy. C. Do not start flush-out until: 1. All construction is complete. 196 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY ENVIRONMENTAL CONTROLS 015719 - 5 2. HVAC systems have been tested, adjusted, and balanced for proper operation. 3. Inspection of inside of return air ducts and terminal units confirms that cleaning is not necessary. 4. New HVAC filtration media have been installed. D. Building Flush-Out: Operate all ventilation systems at normal flow rates with 100 percent outside air until a total air volume of 14,000 cubic feet per square foot of floor area has been supplied. 1. Obtain Owner's concurrence that construction is complete enough before beginning flush-out. 2. Maintain interior temperature of at least 60 degrees F and interior relative humidity no higher than 60 percent. 3. If additional construction involving materials that produce particulates or any of the specified contaminants is conducted during flush-out, start flush- out over. 4. If interior spaces must be occupied prior to completion of the flush-out, supply a minimum of 25 percent of the total air volume prior to occupancy, and: a. Begin ventilation at least three hours prior to daily occupancy. b. Continue ventilation during all occupied periods. c. Provide minimum outside air volume of 0.30 cfm per square foot or design minimum outside air rate, whichever is greater. E. Install new HVAC filtration media after completion of flush-out and before occupancy or further testing. 3.3 AIR CONTAMINANT TESTING A. Contractor's Option: Either full continuous flush-out, or satisfactory air contaminant testing is required, not both. B. Perform air contaminant testing before starting construction, as base line for evaluation of post-construction testing. C. Perform air contaminant testing before occupancy. D. Do not start air contaminant testing until: 1. All construction is complete, including interior finishes. 2. HVAC systems have been tested, adjusted, and balanced for proper operation. 3. New HVAC filtration media have been installed. E. Indoor Air Samples: Collect from spaces representative of occupied areas: 1. Collect samples while operable windows and exterior doors are closed, HVAC system is running normally as if occupied, with design minimum outdoor air, but with the building unoccupied. 2. Collect samples from spaces in each contiguous floor area in each air handler zone, but not less than one sample per 25,000 square feet; take 197 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY ENVIRONMENTAL CONTROLS 015719 - 6 samples from areas having the least ventilation and those having the greatest presumed source strength. 3. Collect samples from height from 36 inches to 72 inches above floor. 4. Collect samples from same locations on 3 consecutive days during normal business hours; average the results of each set of 3 samples. 5. Exception: Areas with normal very high outside air ventilation rates, such as laboratories, do not need to be tested. 6. When retesting the same building areas, take samples from at least the same locations as in first test. F. Outdoor Air Samples: Collect samples at outside air intake of each air handler at the same time as indoor samples are taken. G. Analyze air samples and submit report. H. Volatile Organic Compounds Limits: 1. Formaldehyde: Not more than 27 parts per billion. 2. Total Volatile Organic Compounds (TVOCs): Not more than 500 micrograms per cubic meter. 3. Chemicals Listed in CAL (CDPH SM) Table 4-1, other than Formaldehyde: Not more than allowable concentrations listed in Table 4-1. I. Air Contaminant Concentration Test Methods: 1. Formaldehyde: ASTM D5197, EPA 625/R-96/010b Method TO-11A, or EPA 600/4-90/010 Method IP-6A. 2. Particulates: EPA 600/4-90/010 Method IP-10. 3. Total Volatile Organic Compounds (TVOC): EPA 625/R-96/010b Method TO-1, TO-15, or TO-17; or EPA 600/4-90/010 Method IP-1. 4. Chemicals Listed in CAL (CDPH SM) Table 4-1, except Formaldehyde: ASTM D5197, or EPA 625/R-96/010b Method TO-1, TO-15, or TO-17. 5. Carbon Monoxide: EPA 600/4-90/010 Method IP-3, plus measure outdoor air; measure in ppm; report both indoor and outdoor measurements. 3.4 VENTILATION EFFECTIVENESS TESTING A. Perform ventilation effectiveness testing before occupancy. B. Do not begin ventilation effectiveness testing until: 1. HVAC testing, adjusting, and balancing has been satisfactorily completed. 2. Building flush-out or air contaminant testing has been completed satisfactorily. 3. New HVAC filtration media have been installed. C. Test each air handler zone in accordance with ASHRAE Std 129. D. If calculated air change effectiveness for a particular zone is less than 0.9 due to inadequate balancing of the system, adjust, and retest at no cost to Owner. 198 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY ENVIRONMENTAL CONTROLS 015719 - 7 3.5 ENVELOPE LEAKAGE TESTING A. General: Comply with the following procedural requirements for testing building or space envelope, as applicable: 1. ASTM E779 Standard Test Method for Determining Air Leakage Rate by Fan Pressurization. 2. ASTM E1827 Standard Test Methods for Determining Airtightness of Buildings Using an Orifice Blower Door. B. Verify that the envelope to be tested has been sufficiently completed for testing to commence. C. Conduct ongoing inspections as construction progresses to document satisfactory installation conditions. related to thermal and moisture integrity of the building envelope that become concealed upon completion of construction. D. Submit a detailed narrative of proposed pressure test procedures prior to the test. Include a plan view showing proposed installation locations (personnel doors or other similar openings) for blower doors (or flexible ducts for trailer- mounted fans, if used). E. Avoid testing on days forecast to experience high winds, rain, or snow. F. Test the completed building and demonstrate that the air leakage rate of the building envelope does not exceed the specified requirements. G. Determine location and nature of undesirable air leakage pathways using methods specified in ASTM E1186 Standard Practices for Air Leakage Site Detection in Building Envelopes and Air Barrier Systems. H. Deficiencies: Correct deficiencies and re-inspect or re-test, as applicable, at no extra cost to Owner. 1. If difficulty in correction would delay progress, report deficiency to immediately. 2. Insulation for remedying building envelope deficiencies evidenced as excessive air leakage is specified in Section 072100. 3. Air barriers for remedying building envelope deficiencies evidenced as excessive air leakage are specified in Section 072500. 4. Sealants for remedying building envelope deficiencies evidenced as excessive air leakage are specified in Section 079200. END OF SECTION 199 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY PROJECT SIGNAGE 015813 - 1 SECTION 015813 - TEMPORARY PROJECT SIGNAGE PART 1 - GENERAL 1.1 QUALITY ASSURANCE A. Design sign and structure to withstand 112 miles/hr wind velocity. B. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years of documented experience. 1.2 SUBMITTALS A. See Section 013000 - Administrative Requirements for submittal procedures. B. Shop Drawing: Show content, layout, lettering, color, structure, sizes and grades of members. PART 2 - PRODUCTS 2.1 GENERAL A. Contractor's Option: Provide rigid OR banner signage type in landscape OR vertical layout. Provide sign with project rendering, if available. Signage templates follow this section. 2.2 SIGN MATERIALS A. Structure and Framing for Rigid Signage: New, wood, structurally adequate. B. Sign Surfaces: 1. Rigid Sign: 1/8-inch thick DIBOND with 1/4-inch holes evenly spaced every 18- to 24-inches along the perimeter offset 1-inch from material edge. 2. Banner: MAXFlex Hybrid Mesh banner material with metal grommets evenly placed every 18- to 24-inches along the exterior finished banner edge. Banner material to block 90 percent of visibility and allow air to pass through. 2.3 PROJECT IDENTIFICATION SIGN A. Printed Graphics: 200 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY PROJECT SIGNAGE 015813 - 2 1. Rigid Sign: Direct print of high-resolution, full coverage graphics onto exterior grade matte white adhesive vinyl adhered to DIBOND face. 2. Banner: Custom full-coverage, full-color digital graphics printed directly on mesh banner material face. PART 3 - EXECUTION 3.1 INSTALLATION A. Install project identification sign within 30 days after date fixed by Notice to Proceed. B. Erect at location of high public visibility adjacent to main entrance to site. Signage placement shall be in accordance with local authorities having jurisdiction and not impede traffic or pedestrian traffic. C. For Rigid Signage: Erect supports and framing on secure foundation, rigidly braced and framed to resist wind loadings. D. For Banner Signage: Attach to chain link construction fence with tamper-resistant hardware. E. Install sign surface plumb and level, with butt joints. Anchor securely. 3.2 MAINTENANCE A. Maintain signs and supports clean, repair deterioration and damage. 3.3 REMOVAL A. Remove signs, framing, supports, and foundations at completion of Project and restore the area. END OF SECTION 201 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRODUCT REQUIREMENTS 016000 - 1 SECTION 016000 - PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SECTION INCLUDES A. General product requirements. B. Sustainable design-related product requirements. C. Re-use of existing products. D. Transportation, handling, storage and protection. E. Product option requirements. F. Substitution limitations. G. Procedures for Owner-supplied products. H. Maintenance materials, including extra materials, spare parts, tools, and software. 1.2 RELATED REQUIREMENTS A. Section 011000 - Summary: Identification of Owner-supplied products. B. Section 012500 - Substitution Procedures: Substitutions made during procurement and/or construction phases. C. Section 014000 - Quality Requirements: Product quality monitoring. D. Section 016116 - Volatile Organic Compound (VOC) Content Restrictions: Requirements for VOC-restricted product categories. E. Section 017419 - Construction Waste Management and Disposal: Waste disposal requirements potentially affecting product selection, packaging and substitutions. 1.3 SUBMITTALS A. Product Data Submittals: Submit manufacturer's standard published data. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. B. Shop Drawing Submittals: Prepared specifically for this Project; indicate utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. 202 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRODUCT REQUIREMENTS 016000 - 2 C. Sample Submittals: Illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 1. For selection from standard finishes, submit samples of the full range of the manufacturer's standard colors, textures, and patterns. PART 2 - PRODUCTS 2.1 EXISTING PRODUCTS A. Do not use materials and equipment removed from existing premises unless specifically required or permitted by Contract Documents. 2.2 NEW PRODUCTS A. Provide new products unless specifically required or permitted by Contract Documents. B. See Section 014000 - Quality Requirements, for additional source quality control requirements. C. Use of products having any of the following characteristics is not permitted: 1. Made using or containing CFC's or HCFC's. 2. Made of wood from newly cut old growth timber. 3. Containing cadmium or asbestos. 4. Containing lead unless specifically required or permitted by Contract Documents. D. Where other criteria are met, Contractor shall give preference to products that: 1. If used on interior, have lower emissions, as defined in Section 016116. 2. If wet-applied, have lower VOC content, as defined in Section 016116. 3. Are extracted, harvested, and/or manufactured closer to the location of the project. 4. Have longer documented life span under normal use. 5. Result in less construction waste. See Section 017419 6. Are made of recycled materials. 7. If made of wood, are made of sustainably harvested wood, wood chips, or wood fiber. 2.3 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Use any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Use a product of one of the manufacturers named and meeting specifications, no options or substitutions allowed. 203 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRODUCT REQUIREMENTS 016000 - 3 C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. 2.4 MAINTENANCE MATERIALS A. Furnish extra materials, spare parts, tools, and software of types and in quantities specified in individual specification sections. B. Deliver to Project site; obtain receipt prior to final payment. PART 3 - EXECUTION 3.1 SUBSTITUTION LIMITATIONS A. See Section 012500 - Substitution Procedures. 3.2 OWNER-SUPPLIED PRODUCTS A. See Section 011000 - Summary for identification of Owner-supplied products. B. Owner's Responsibilities: 1. Arrange for and deliver Owner reviewed shop drawings, product data, and samples, to Contractor and Architect. 2. Arrange and pay for product delivery to site. 3. On delivery, inspect products jointly with Contractor. 4. Submit claims for transportation damage and replace damaged, defective, or deficient items. 5. Arrange for manufacturers' warranties, inspections, and service. C. Contractor's Responsibilities: 1. Review Owner reviewed shop drawings, product data, and samples. 2. Receive and unload products at site; inspect for completeness or damage jointly with Owner. 3. Handle, store, install and finish products. 4. Repair or replace items damaged after receipt. 3.3 TRANSPORTATION AND HANDLING A. Package products for shipment in manner to prevent damage; for equipment, package to avoid loss of factory calibration. B. If special precautions are required, attach instructions prominently and legibly on outside of packaging. C. Coordinate schedule of product delivery to designated prepared areas in order to minimize site storage time and potential damage to stored materials. D. Transport and handle products in accordance with manufacturer's instructions. 204 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRODUCT REQUIREMENTS 016000 - 4 E. Transport materials in covered trucks to prevent contamination of product and littering of surrounding areas. F. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct, and products are undamaged. G. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage, and to minimize handling. H. Arrange for the return of packing materials, such as wood pallets, where economically feasible. 3.4 STORAGE AND PROTECTION A. Provide protection of stored materials and products against theft, casualty, or deterioration. B. Designate receiving/storage areas for incoming products so that they are delivered according to installation schedule and placed convenient to work area in order to minimize waste due to excessive materials handling and misapplication. See Section 017419. 1. Structural Loading Limitations: Handle and store products and materials so as not to exceed static and dynamic load-bearing capacities of project floor and roof areas. C. Store and protect products in accordance with manufacturers' instructions. D. Store with seals and labels intact and legible. E. Arrange storage of materials and products to allow for visual inspection for the purpose of determination of quantities, amounts, and unit counts. F. Store sensitive products in weathertight, climate-controlled enclosures in an environment favorable to product. G. For exterior storage of fabricated products, place on sloped supports above ground. H. Provide off-site storage and protection when site does not permit on-site storage or protection. 1. Execute a formal supplemental agreement between Owner and Contractor allowing off-site storage, for each occurrence. I. Protect products from damage or deterioration due to construction operations, weather, precipitation, humidity, temperature, sunlight and ultraviolet light, dirt, dust, and other contaminants. J. Comply with manufacturer's warranty conditions, if any. K. Do not store products directly on the ground. 205 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRODUCT REQUIREMENTS 016000 - 5 L. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products. M. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing with foreign matter. N. Prevent contact with material that may cause corrosion, discoloration, or staining. O. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. P. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition. END OF SECTION 206 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana PRODUCT REQUIREMENTS 016000 - 6 THIS PAGE INTENTIONALLY LEFT BLANK 207 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana VOLATILE ORGANIC COMPOUND (VOC) CONTENT RESTRICTIONS 016116 - 1 SECTION 016116 - VOLATILE ORGANIC COMPOUND (VOC) CONTENT RESTRICTIONS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Requirements for Indoor-Emissions-Restricted products. B. Requirements for VOC-Content-Restricted products. 1.2 RELATED REQUIREMENTS A. Section 013000 - Administrative Requirements: Submittal procedures. B. Section 014000 - Quality Requirements: Procedures for testing and certifications. C. Section 015719 - Temporary Environmental Controls: Procedures and testing. D. Section 016000 - Product Requirements: Fundamental product requirements, substitutions and product options, delivery, storage, and handling. E. Section 079200 - Joint Sealants: Emissions-compliant sealants. 1.3 DEFINITIONS A. Indoor-Emissions-Restricted Products: All products in the following product categories, whether specified or not: 1. Interior paints and coatings applied on site. 2. Interior adhesives and sealants applied on site, including flooring adhesives. 3. Flooring. 4. Composite wood. 5. Products making up wall and ceiling assemblies. 6. Thermal and acoustical insulation. 7. Other products when specifically stated in the specifications. B. VOC-Content-Restricted Products: All products in the following product categories, whether specified or not: 1. Exterior and interior paints and coatings applied on site. 2. Exterior and interior adhesives and sealants applied on site, including flooring adhesives. 3. Wet-applied roofing and waterproofing. 4. Other products when specifically stated in the specifications. C. Interior of Building: Anywhere inside the exterior weather barrier. D. Adhesives: All gunnable, trowelable, liquid-applied, and aerosol adhesives, whether specified or not; including flooring adhesives, resilient base adhesives, and pipe jointing adhesives. 208 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana VOLATILE ORGANIC COMPOUND (VOC) CONTENT RESTRICTIONS 016116 - 2 E. Sealants: All gunnable, trowelable, and liquid-applied joint sealants and sealant primers, whether specified or not; including firestopping sealants and duct joint sealers. F. Inherently Non-Emitting Materials: Products composed wholly of minerals or metals, unless they include organic-based surface coatings, binders, or sealants; and specifically the following: 1. Stone. 2. Concrete. 3. Clay brick. 4. Metals that are plated, anodized, or powder-coated. 5. Glass. 6. Ceramics. 7. Solid wood flooring that is unfinished and untreated. 1.4 REFERENCE STANDARDS A. 40 CFR 59, Subpart D - National Volatile Organic Compound Emission Standards for Architectural Coatings; U.S. Environmental Protection Agency; Current Edition. B. ASTM D3960 - Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings; 2005 (Reapproved 2018). C. CARB (ATCM) - Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products; Current Edition. D. CARB (SCM) - Suggested Control Measure for Architectural Coatings; California Air Resources Board; 2020. E. GreenSeal GS-36 - Standard for Adhesives for Commercial Use; 2013. F. SCAQMD 1113 - Architectural Coatings; 1977, with Amendment (2016). G. SCAQMD 1168 - Adhesive and Sealant Applications; 1989, with Amendment (2022). H. SCS (CPD) - SCS Certified Products; Current Edition. 1.5 SUBMITTALS A. See Section 013000 - Administrative Requirements for submittal procedures. B. Product Data: For each VOC-restricted product used in the project, submit evidence of compliance. 209 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana VOLATILE ORGANIC COMPOUND (VOC) CONTENT RESTRICTIONS 016116 - 3 1.6 QUALITY ASSURANCE A. VOC Content Test Method: 40 CFR 59, Subpart D (EPA Method 24), or ASTM D3960, unless otherwise indicated. 1. Evidence of Compliance: Acceptable types of evidence are: a. Report of laboratory testing performed in accordance with requirements. b. Published product data showing compliance with requirements. c. Certification by manufacturer that product complies with requirements. B. Composite Wood Emissions Standard: CARB (ATCM) for ultra-low emitting formaldehyde (ULEF) resins. 1. Evidence of Compliance: Acceptable types of evidence are: a. Current SCS "No Added Formaldehyde (NAF)" certification; www.scscertified.com. b. Report of laboratory testing performed in accordance with requirements. c. Published product data showing compliance with requirements. C. Testing Agency Qualifications: Independent firm specializing in performing testing and inspections of the type specified in this section. PART 2 - PRODUCTS 2.1 MATERIALS A. All Products: Comply with the most stringent of federal, State, and local requirements, or these specifications. B. VOC-Content-Restricted Products: VOC content not greater than required by the following: 1. Adhesives, Including Flooring Adhesives: SCAQMD 1168 Rule. 2. Aerosol Adhesives: GreenSeal GS-36. 3. Joint Sealants: SCAQMD 1168 Rule. 4. Paints and Coatings: Each color; most stringent of the following: a. 40 CFR 59, Subpart D. b. SCAQMD 1113 Rule. c. CARB (SCM). 5. Wet-Applied Roofing and Waterproofing: Comply with requirements for paints and coatings. PART 3 - EXECUTION 3.1 FIELD QUALITY CONTROL A. Owner reserves the right to reject non-compliant products, whether installed or not, and require their removal and replacement with compliant products at no extra cost to Owner. 210 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana VOLATILE ORGANIC COMPOUND (VOC) CONTENT RESTRICTIONS 016116 - 4 B. Additional costs to restore indoor air quality due to installation of non-compliant products will be borne by Contractor. END OF SECTION 211 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 1 SECTION 017000 - EXECUTION AND CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Examination, preparation, and general installation procedures. B. Requirements for alterations work, including selective demolition. C. Pre-installation meetings. D. Cutting and patching. E. Surveying for laying out the work. F. Cleaning and protection. G. Starting of systems and equipment. H. Demonstration and instruction of Owner personnel. I. Closeout procedures, including Contractor's Correction Punch List, except payment procedures. J. General requirements for maintenance service. 1.2 RELATED REQUIREMENTS A. Section 011000 - Summary: Limitations on working in existing building; continued occupancy; work sequence; identification of salvaged and relocated materials. B. Section 013000 - Administrative Requirements: Submittals procedures, Electronic document submittal service. C. Section 014000 - Quality Requirements: Testing and inspection procedures. D. Section 015000 - Temporary Facilities and Controls: Temporary exterior enclosures. E. Section 017419 - Construction Waste Management and Disposal: Additional procedures for trash/waste removal, recycling, salvage, and reuse. F. Section 017610 - Temporary Protective Coverings: Materials for protection of installed work. G. Section 017800 - Closeout Submittals: Project record documents, operation and maintenance data, warranties, and bonds. 212 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 2 H Section 017900 - Demonstration and Training: Demonstration of products and systems to be commissioned and where indicated in specific specification sections I. Section 024100 - Demolition: Demolition of whole structures and parts thereof; site utility demolition. 1.3 REFERENCE STANDARDS A. NFPA 241 - Standard for Safeguarding Construction, Alteration, and Demolition Operations; 2022, with Errata (2021). 1.4 SUBMITTALS A. See Section 013000 - Administrative Requirements, for submittal procedures. B. Survey work: Submit name, address, and telephone number of Surveyor before starting survey work. 1. On request, submit documentation verifying accuracy of survey work. 2. Submit a copy of site drawing signed by the Land Surveyor, that the elevations and locations of the work are in compliance with Contract Documents. 3. Submit surveys and survey logs for the project record. C. Demolition Plan: Submit demolition plan as specified by OSHA and local authorities. 1. indicate extent of demolition, removal sequence, bracing and shoring, and location and construction of barricades and fences. include design drawings and calculations for bracing and shoring. 2. identify demolition firm and submit qualifications. 3. include a summary of safety procedures. D. Cutting and Patching: Submit written request in advance of cutting or alteration that affects: 1. Structural integrity of any element of Project. 2. Integrity of weather exposed or moisture resistant element. 3. Efficiency, maintenance, or safety of any operational element. 4. Visual qualities of sight exposed elements. 5. Work of Owner or separate Contractor. 6. Include in request: a. Identification of Project. b. Location and description of affected work. c. Necessity for cutting or alteration. d. Description of proposed work and products to be used. e. Alternatives to cutting and patching. f. Effect on work of Owner or separate Contractor. g. Written permission of affected separate Contractor. h. Date and time work will be executed. 213 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 3 E. Project Record Documents: Accurately record actual locations of capped and active utilities. 1.5 QUALIFICATIONS A. For demolition work, employ a firm specializing in the type of work required. 1. Minimum of five years of documented experience. B. For surveying work, employ a land surveyor registered in the State in which the Project is located and acceptable to Architect. Submit evidence of surveyor's Errors and Omissions insurance coverage in the form of an Insurance Certificate. Employ only individual(s) trained and experienced in collecting and recording accurate data relevant to ongoing construction activities, C. For field engineering, employ a professional engineer of the discipline required for specific service on Project, licensed in the State in which the Project is located. Employ only individual(s) trained and experienced in establishing and maintaining horizontal and vertical control points necessary for laying out construction work on project of similar size, scope and/or complexity. D. For design of temporary shoring and bracing, employ a Professional Engineer experienced in design of this type of work and licensed in the State in which the Project is located. 1.6 PROJECT CONDITIONS A. Use of explosives is not permitted. B. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. C. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. D. Perform dewatering activities, as required, for the duration of the project. E. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. F. Dust Control: Execute work by methods to minimize raising dust from construction operations. Provide positive means to prevent air-borne dust from dispersing into atmosphere and over adjacent property. 1. Provide dust-proof enclosures to prevent entry of dust generated outdoors. 2. Provide dust-proof barriers between construction areas and areas continuing to be occupied by Owner. G. Erosion and Sediment Control: Plan and execute work by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. 214 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 4 1. Minimize amount of bare soil exposed at one time. 2. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. 3. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. 4. Periodically inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. H. Noise Control: Provide methods, means, and facilities to minimize noise produced by construction operations. I. Pest and Rodent Control: Provide methods, means, and facilities to prevent pests and insects from damaging the work. J. Rodent Control: Provide methods, means, and facilities to prevent rodents from accessing or invading premises. K. Pollution Control: Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. Comply with federal, state, and local regulations. 1.7 COORDINATION A. See Section 011000 for occupancy-related requirements. B. Coordinate scheduling, submittals, and work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. C. Notify affected utility companies and comply with their requirements. D. Verify that utility requirements and characteristics of new operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. E. Coordinate space requirements, supports, and installation of mechanical and electrical work that are indicated diagrammatically on drawings. Follow routing indicated for pipes, ducts, and conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. F. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. G. Coordinate completion and clean-up of work of separate sections. 215 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 5 H. After Owner occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with Contract Documents, to minimize disruption of Owner's activities. PART 2 - PRODUCTS 2.1 PATCHING MATERIALS A. New Materials: As specified in product sections; match existing products and work for patching and extending work. B. Type and Quality of Existing Products: Determine by inspecting and testing products where necessary, referring to existing work as a standard. C. Product Substitution: For any proposed change in materials, submit request for substitution described in Section 016000 - Product Requirements. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent work. Start of work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. D. Take field measurements before confirming product orders or beginning fabrication, to minimize waste due to over-ordering or misfabrication. E. Verify that utility services are available, of the correct characteristics, and in the correct locations. F. Prior to Cutting: Examine existing conditions prior to commencing work, including elements subject to damage or movement during cutting and patching. After uncovering existing work, assess conditions affecting performance of work. Beginning of cutting or patching means acceptance of existing conditions. 3.2 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. 216 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 6 3.3 PREINSTALLATION MEETINGS A. When required in individual specification sections, convene a preinstallation meeting at the site prior to commencing work of the section. B. Require attendance of parties directly affecting, or affected by, work of the specific section. C. Notify Architect four days in advance of meeting date. D. Prepare agenda and preside at meeting: 1. Review conditions of examination, preparation and installation procedures. 2. Review coordination with related work. E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, Owner, participants, and those affected by decisions made. 1. Retain meeting minutes in web-based software for record purposes. 3.4 LAYING OUT THE WORK A. Verify locations of survey control points prior to starting work. B. Promptly notify Architect of any discrepancies discovered. C. Protect survey control points prior to starting site work; preserve permanent reference points during construction. D. Promptly report to Architect the loss or destruction of any reference point or relocation required because of changes in grades or other reasons. E. Replace dislocated survey control points based on original survey control. Make no changes without prior written notice to Architect. F. Utilize recognized engineering survey practices. G. Establish elevations, lines and levels. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading, fill and topsoil placement; utility locations, slopes, and invert elevations. 2. Grid or axis for structures. 3. Building foundation, column locations, ground floor elevations. H. Periodically verify layouts by same means. I. Maintain a complete and accurate log of control and survey work as it progresses. 217 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 7 3.5 GENERAL INSTALLATION REQUIREMENTS A. In addition to compliance with regulatory requirements, conduct construction operations in compliance with NFPA 241, including applicable recommendations in Appendix A. B. Install products as specified in individual sections, in accordance with manufacturer's instructions and recommendations, and so as to avoid waste due to necessity for replacement. C. Make vertical elements plumb and horizontal elements level, unless otherwise indicated. D. Install equipment and fittings plumb and level, neatly aligned with adjacent vertical and horizontal lines, unless otherwise indicated. E. Make consistent texture on surfaces, with seamless transitions, unless otherwise indicated. F. Make neat transitions between different surfaces, maintaining texture and appearance. 3.6 ALTERATIONS A. Drawings showing existing construction and utilities are based on casual field observation and existing record documents only. 1. Verify that construction and utility arrangements are as indicated. 2. Report discrepancies to Architect before disturbing existing installation. 3. Beginning of alterations work constitutes acceptance of existing conditions. B. Maintain weatherproof exterior building enclosure except for interruptions required for replacement or modifications; take care to prevent water and humidity damage. 1. Where openings in exterior enclosure exist, provide construction to make exterior enclosure weatherproof. 2. Insulate existing ducts or pipes that are exposed to outdoor ambient temperatures by alterations work. C. Remove existing work as indicated and as required to accomplish new work. 1. Remove items indicated on drawings. 2. Relocate items indicated on drawings. 3. Where new surface finishes are to be applied to existing work, perform removals, patch, and prepare existing surfaces as required to receive new finish; remove existing finish if necessary for successful application of new finish. 4. Where new surface finishes are not specified or indicated, patch holes and damaged surfaces to match adjacent finished surfaces as closely as possible. 218 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 8 D. Services (Including but not limited to HVAC, Plumbing, Fire Protection, Electrical, Telecommunications, and Electronic Safety and Security): Remove, relocate, and extend existing systems to accommodate new construction. 1. Maintain existing active systems that are to remain in operation; maintain access to equipment and operational components; if necessary, modify installation to allow access or provide access panel. 2. Where existing systems or equipment are not active and Contract Documents require reactivation, put back into operational condition; repair supply, distribution, and equipment as required. 3. Where existing active systems serve occupied facilities but are to be replaced with new services, maintain existing systems in service until new systems are complete and ready for service. a. Disable existing systems only to make switchovers and connections; minimize duration of outages. b. Provide temporary connections as required to maintain existing systems in service. 4. Verify that abandoned services serve only abandoned facilities. 5. Remove abandoned pipe, ducts, conduits, and equipment, including those above accessible ceilings; remove back to source of supply where possible, otherwise cap stub and tag with identification; patch holes left by removal using materials specified for new construction. E. Protect existing work to remain. 1. Prevent movement of structure; provide shoring and bracing if necessary. 2. Perform cutting to accomplish removals neatly and as specified for cutting new work. 3. Repair adjacent construction and finishes damaged during removal work. F. Adapt existing work to fit new work: Make as neat and smooth transition as possible. 1. When existing finished surfaces are cut so that a smooth transition with new work is not possible, terminate existing surface along a straight line at a natural line of division and make recommendation to Architect. 2. Where removal of partitions or walls results in adjacent spaces becoming one, rework floors, walls, and ceilings to a smooth plane without breaks, steps, or bulkheads. 3. Where a change of plane of 1/4 inch or more occurs in existing work, submit recommendation for providing a smooth transition for Architect review and request instructions. G. Patching: Where the existing surface is not indicated to be refinished, patch to match the surface finish that existed prior to cutting. Where the surface is indicated to be refinished, patch so that the substrate is ready for the new finish. H. Refinish existing surfaces as indicated: 1. Where rooms or spaces are indicated to be refinished, refinish all visible existing surfaces to remain to the specified condition for each material, with a neat transition to adjacent finishes. 2. If mechanical or electrical work is exposed accidentally during the work, re- cover and refinish to match. 219 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 9 I. Clean existing systems and equipment. J. Remove demolition debris and abandoned items from alterations areas and dispose of off-site; do not burn or bury. K. Do not begin new construction in alterations areas before demolition is complete. L. Comply with all other applicable requirements of this section. 3.7 CUTTING AND PATCHING A. Whenever possible, execute the work by methods that avoid cutting or patching. B. See Alterations article above for additional requirements. C. Perform whatever cutting and patching is necessary to: 1. Complete the work. 2. Fit products together to integrate with other work. 3. Provide openings for penetration of mechanical, electrical, and other services. 4. Match work that has been cut to adjacent work. 5. Repair areas adjacent to cuts to required condition. 6. Repair new work damaged by subsequent work. 7. Remove samples of installed work for testing when requested. 8. Remove and replace defective and non-complying work. D. Execute work by methods that avoid damage to other work and that will provide appropriate surfaces to receive patching and finishing. In existing work, minimize damage and restore to original condition. E. Employ original installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces. F. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval. G. Restore work with new products in accordance with requirements of Contract Documents. H. Fit work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. I. At penetrations of fire rated walls, partitions, ceiling, or floor construction, completely seal voids with fire rated material in accordance with Section 078400, to full thickness of the penetrated element. J. Patching: 1. Finish patched surfaces to match finish that existed prior to patching. On continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit. 220 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 10 2. Match color, texture, and appearance. 3. Repair patched surfaces that are damaged, lifted, discolored, or showing other imperfections due to patching work. If defects are due to condition of substrate, repair substrate prior to repairing finish. 3.8 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust. D. Collect and remove waste materials, debris, and trash/rubbish from site periodically and dispose off-site; do not burn or bury. 3.9 PROTECTION OF INSTALLED WORK A. See Section 017610 for temporary protective covering materials. B. See Section 090561 - Common Work Results for Flooring Preparation and Protection for additional temporary protective covering materials for flooring. C. Protect installed work from damage by construction operations. D. Provide special protection where specified in individual specification sections. E. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage. F. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. G. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. H. Protect work from spilled liquids. If work is exposed to spilled liquids, immediately remove protective coverings, dry out work, and replace protective coverings. I. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. J. Remove protective coverings when no longer needed; reuse or recycle coverings if possible. 221 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 11 3.10 SYSTEM STARTUP A. Coordinate schedule for start-up of various equipment and systems. B. Notify Architect and Owner seven days prior to start-up of each item. C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, and for conditions that may cause damage. D. Verify tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify that wiring and support components for equipment are complete and tested. Execute start-up under supervision of applicable Contractor personnel and manufacturer's representative in accordance with manufacturers' instructions. G. When specified in individual specification Sections, require manufacturer to provide authorized representative to be present at site to inspect, check, and approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation. H. Submit a written report that equipment or system has been properly installed and is functioning correctly. 3.11 DEMONSTRATION AND INSTRUCTION A. See Section 017900 - Demonstration and Training. 3.12 ADJUSTING A. Adjust operating products and equipment to ensure smooth and unhindered operation. 3.13 FINAL CLEANING A. Execute final cleaning prior to final project assessment. B. Use cleaning materials that are nonhazardous. C. Clean interior and exterior glass, surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. D. Remove all labels that are not permanent. Do not paint or otherwise cover fire test labels or nameplates on mechanical and electrical equipment. 222 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 12 E. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. F. Clean filters of operating equipment. G. Clean debris from roofs, gutters, downspouts, scuppers, overflow drains, area drains, and drainage systems. H. Clean site; sweep paved areas, rake clean landscaped surfaces. I. Remove waste, surplus materials, trash/rubbish, and construction facilities from the site; dispose of in legal manner; do not burn or bury. 3.14 CLOSEOUT PROCEDURES A. Make submittals that are required by governing or other authorities. 1. Provide copies to Architect and Owner. B. Accompany Project Coordinator on preliminary inspection to determine items to be listed for completion or correction in the Contractor's Correction Punch List for Contractor's Notice of Substantial Completion. C. Notify Architect when work is considered ready for Architect's Substantial Completion inspection. Provide 14 days notification. 1. Entire project will be inspected at one time. If the Contractor requests phased inspections for Contractor's convenience, Owner and Architect must agree to phased inspections. a. Phased inspections by the Architect may result in additional fees for the Architect's services. Additional fees to be paid by Owner or Contractor. 2. If Architect conducts the Substantial Completion inspection and determines that the Contractor is not ready for Substantial Completion, the Architect, at their discretion, may take the following actions: a. The Architect may conduct a Substantial Completion inspection of areas deemed ready for inspection. Areas found not ready for inspection, an additional Substantial Completion inspection(s) shall be required. Additional inspections may result in additional fees for Architect's services to be paid by Owner or Contractor. If Architect determines that no areas are ready for Substantial Completion, Contractor must reschedule future Substantial Completion Inspection. Additional inspections may result in additional fees for Architect's services to be paid by Owner or Contractor. D. Submit written certification containing Contractor's Correction Punch List, that Contract Documents have been reviewed, work has been inspected, and that work is complete in accordance with Contract Documents and ready for Architect's Substantial Completion inspection. Provide 14 days notification. 223 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 13 E. Conduct Substantial Completion inspection and create Final Correction Punch List containing Architect's and Contractor's comprehensive list of items identified to be completed or corrected and submit to Architect. F. Correct items of work listed in Final Correction Punch List and comply with requirements for access to Owner-occupied areas. G. Notify Architect when work is considered finally complete and ready for Architect's Substantial Completion final inspection. H. Complete items of work determined by Architect listed in executed Certificate of Substantial Completion. 3.15 MAINTENANCE A. Provide service and maintenance of components indicated in specification sections. B. Maintenance Period: As indicated in specification sections or, if not indicated, not less than one year from the Date of Substantial Completion or the length of the specified warranty, whichever is longer. C. Examine system components at a frequency consistent with reliable operation. Clean, adjust, and lubricate as required. D. Include systematic examination, adjustment, and lubrication of components. Repair or replace parts whenever required. Use parts produced by the manufacturer of the original component. E. Maintenance service shall not be assigned or transferred to any agent or subcontractor without prior written consent of the Owner. END OF SECTION 224 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 14 225 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 15 226 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 16 227 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana EXECUTION AND CLOSEOUT REQUIREMENTS 017000 - 17 THIS PAGE INTENTIONALLY LEFT BLANK 228 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 1 SECTION 017419 - CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL PART 1 - GENERAL 1.1 WASTE MANAGEMENT REQUIREMENTS A. Owner requires that this project generate the least amount of trash and waste possible. B. Owner requests that contractor utilizes City of Bozeman Solid Waste services for disposal of waste and recyclable materials whenever possible. B. Employ processes that ensure the generation of as little waste as possible due to error, poor planning, breakage, mishandling, contamination, or other factors. C. Minimize trash/waste disposal in landfills; reuse, salvage, or recycle as much waste as economically feasible. D. Contractor Reporting Responsibilities: Submit periodic Waste Disposal Reports; report landfill disposal, incineration, recycling, salvage, and reuse regardless of to whom the cost or savings accrues; use the same units of measure on required reports. E. Develop and follow a Waste Management Plan designed to implement these requirements using attached forms. F. Methods of trash/waste disposal that are not acceptable are: 1. Burning on the project site. 2. Burying on the project site. 3. Dumping or burying on other property, public or private. 4. Other illegal dumping or burying. G. Regulatory Requirements: Contractor is responsible for knowing and complying with regulatory requirements, including but not limited to Federal, state and local requirements, pertaining to legal disposal of all construction and demolition waste materials. 1.2 RELATED REQUIREMENTS A. Section 011000 - Summary: List of items to be salvaged from the existing building for relocation in project or for Owner. B. Section 012500 - Substitution Procedures. C. Section 013000 - Administrative Requirements: Additional requirements for project meetings, reports, submittal procedures, and project documentation. D. Section 015000 - Temporary Facilities and Controls: Additional requirements related to trash/waste collection and removal facilities and services. 229 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 2 E. Section 016000 - Product Requirements: Waste prevention requirements related to product substitutions. F. Section 016000 - Product Requirements: Waste prevention requirements related to delivery, storage, and handling. G. Section 017000 - Execution and Closeout Requirements: Trash/waste prevention procedures related to demolition, cutting and patching, installation, protection, and cleaning. 1.3 DEFINITIONS A. Clean: Untreated and unpainted; not contaminated with oils, solvents, caulk, or the like. B. Construction and Demolition Waste: Solid wastes typically including building materials, packaging, trash, debris, and rubble resulting from construction, remodeling, repair and demolition operations. C. Hazardous: Exhibiting the characteristics of hazardous substances, i.e., ignitibility, corrosivity, toxicity or reactivity. D. Nonhazardous: Exhibiting none of the characteristics of hazardous substances, i.e., ignitibility, corrosivity, toxicity, or reactivity. E. Nontoxic: Neither immediately poisonous to humans nor poisonous after a long period of exposure. F. Recyclable: The ability of a product or material to be recovered at the end of its life cycle and remanufactured into a new product for reuse by others. G. Recycle: To remove a waste material from the project site to another site for remanufacture into a new product for reuse by others. H. Recycling: The process of sorting, cleansing, treating and reconstituting solid waste and other discarded materials for the purpose of using the altered form. Recycling does not include burning, incinerating, or thermally destroying waste. I. Return: To give back reusable items or unused products to vendors for credit. J. Reuse: To reuse a construction waste material in some manner on the project site. K. Salvage: To remove a waste material from the project site to another site for resale or reuse by others. L. Sediment: Soil and other debris that has been eroded and transported by storm or well production run-off water. M. Source Separation: The act of keeping different types of waste materials separate beginning from the first time they become waste. 230 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 3 N. Toxic: Poisonous to humans either immediately or after a long period of exposure. O. Trash: Any product or material unable to be reused, returned, recycled, or salvaged. P. Waste: Extra material or material that has reached the end of its useful life in its intended use. Waste includes salvageable, returnable, recyclable, and reusable material. 1.4 SUBMITTALS A. See Section 013000 - Administrative Requirements for submittal procedures. B. Submit Waste Management Plan within 10 calendar days after receipt of Notice of Award of Bid, or prior to any trash or waste removal, whichever occurs sooner; submit projection of all trash and waste that will require disposal and alternatives to landfilling. C. Waste Management Plan: Include the following information: 1. Analysis of the trash and waste projected to be generated during the entire project construction cycle, including types and quantities. 2. Landfill Options: The name, address, and telephone number of the landfill(s) where trash/waste will be disposed of, the applicable landfill tipping fee(s), and the projected cost of disposing of all project trash/waste in the landfill(s). 3. Landfill Alternatives: List all waste materials that will be diverted from landfills by reuse, salvage, or recycling. 4. Meetings: Describe regular meetings to be held to address waste prevention, reduction, recycling, salvage, reuse, and disposal. 5. Materials Handling Procedures: Describe the means by which materials to be diverted from landfills will be protected from contamination and prepared for acceptance by designated facilities; include separation procedures for recyclables, storage, and packaging. 6. Transportation: Identify the destination and means of transportation of materials to be recycled; i.e. whether materials will be site-separated and self-hauled to designated centers, or whether mixed materials will be collected by a waste hauler. 7. Recycling Incentives: Describe procedures required to obtain credits, rebates, or similar incentives. D. Waste Disposal Reports: Submit at specified intervals, with details of quantities of trash and waste, means of disposal or reuse, and costs; show both totals to date and since last report. 1. Submit updated Report with each Application for Progress Payment; failure to submit Report will delay payment. 2. Submit Report on a form acceptable to Owner. 3. Landfill Disposal: Include the following information: a. Identification of material. b. Amount, in tons or cubic yards, of trash/waste material from the 231 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 4 project disposed of in landfills. c. State the identity of landfills, total amount of tipping fees paid to landfill, and total disposal cost. d. Include manifests, weight tickets, receipts, and invoices as evidence of quantity and cost. 4. Incinerator Disposal: Include the following information: a. Identification of material. b. Amount, in tons or cubic yards, of trash/waste material from the project delivered to incinerators. c. State the identity of incinerators, total amount of fees paid to incinerator, and total disposal cost. d. Include manifests, weight tickets, receipts, and invoices as evidence of quantity and cost. 5. Recycled and Salvaged Materials: Include the following information for each: a. Identification of material, including those retrieved by installer for use on other projects. b. Amount, in tons or cubic yards, date removed from the project site, and receiving party. c. Transportation cost, amount paid or received for the material, and the net total cost or savings of salvage or recycling each material. d. Include manifests, weight tickets, receipts, and invoices as evidence of quantity and cost. e. Certification by receiving party that materials will not be disposed of in landfills or by incineration. 6. Material Reused on Project: Include the following information for each: a. Identification of material and how it was used in the project. b. Amount, in tons or cubic yards. c. Include weight tickets as evidence of quantity. 7. Other Disposal Methods: Include information similar to that described above, as appropriate to disposal method. E. Recycling Incentive Programs: 1. Where revenue accrues to Contractor, submit copies of documentation required to qualify for incentive. 2. Where revenue accrues to Owner, submit any additional documentation required by Owner in addition to information provided in periodic Waste Disposal Report. PART 2 - PRODUCTS 2.1 PRODUCT SUBSTITUTIONS A. See Section 016000 and Section 012500. 232 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 5 B. For each proposed product substitution, submit the following information in addition to requirements specified in Section 016000: 1. Relative amount of waste produced, compared to specified product. 2. Cost savings on waste disposal, compared to specified product, to be deducted from the Contract Sum. 3. Proposed disposal method for waste product. 4. Markets for recycled waste product. PART 3 - EXECUTION 3.1 WASTE MANAGEMENT PROCEDURES A. See Section 011000 for list of items to be salvaged from the existing building for relocation in project or for Owner. B. See Section 013000 for additional requirements for project meetings, reports, submittal procedures, and project documentation. C. See Section 015000 for additional requirements related to trash/waste collection and removal facilities and services. D. See Section 016000 for waste prevention requirements related to delivery, storage, and handling. E. See Section 017000 for trash/waste prevention procedures related to demolition, cutting and patching, installation, protection, and cleaning. 3.2 WASTE MANAGEMENT PLAN IMPLEMENTATION A. Manager: Designate an on-site person or persons responsible for instructing workers and overseeing and documenting results of the Waste Management Plan. B. Communication: Distribute copies of the Waste Management Plan to job site foreman, each subcontractor, Owner, and Architect. C. Instruction: Provide on-site instruction of appropriate separation, handling, and recycling, salvage, reuse, and return methods to be used by all parties at the appropriate stages of the project. D. Meetings: Discuss trash/waste management goals and issues at project meetings. 1. Prebid meeting. 2. Preconstruction meeting. 3. Regular job-site meetings. E. Facilities: Provide specific facilities for separation and storage of materials for recycling, salvage, reuse, return, and trash disposal, for use by all contractors and installers. 1. As a minimum, provide: 233 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 6 a. Separate area for storage of materials to be reused on-site, such as wood cut-offs for blocking. b. Separate dumpsters for each category of recyclable. c. Recycling bins at worker lunch area. 2. Provide containers as required. 3. Provide temporary enclosures around piles of separated materials to be recycled or salvaged. 4. Locate enclosures out of the way of construction traffic. 5. Provide adequate space for pick-up and delivery and convenience to subcontractors. 6. If an enclosed area is not provided, clearly lay out and label a specific area on-site. 7. Keep recycling and trash/waste bin areas neat and clean and clearly marked in order to avoid contamination of materials. F. Hazardous Wastes: Separate, store, and dispose of hazardous wastes according to applicable regulations. G. Recycling: Separate, store, protect, and handle at the site identified recyclable waste products in order to prevent contamination of materials and to maximize recyclability of identified materials. Arrange for timely pickups from the site or deliveries to recycling facility in order to prevent contamination of recyclable materials. H. Reuse of Materials On-Site: Set aside, sort, and protect separated products in preparation for reuse. I. Salvage: Set aside, sort, and protect products to be salvaged for reuse off-site. END OF SECTION 234 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 7 235 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 8 017419 - APPENDIX B - STANDARD SOLID WASTE CONVERSIONS The following sections provide conversions for solid waste and recyclable materials. Section 1 provides formulas to convert solid waste volume (cubic yards) into tons. Section 2 includes conversion factors to estimate the volume and weight of a number of solid waste and recyclable materials. 1. To convert cubic yards to tons: A: For Un-Compacted Trash, To Convert The Units Of Cubic Yards Into Tons, Using The Standard density of trash value of 250 pounds per cubic yard: Using “x” cubic yards, multiply by 250 pounds per cubic yard, divide by 2000 pounds per ton, to obtain value in tons. “x” cubic yards x 250 pounds ÷ 1 ton = ______ tons cubic yard 2000 pounds This equals: “X” cubic yards x 0.125 tons = _______ tons cubic yard In this case, 8 cubic yards = one ton. B: To determine your own density value for un-compacted trash (instead of using the standard value of 250 pounds per cubic yard), using a 32 gallon trash can: (1) Weigh the trash can both filled and empty (use a full 32 gallon trash can filled with trash roughly level to the top); (2) Subtract the empty weight from the filled weight to get the weight of trash (filled weight – empty weight = weight of trash); (3) Use the formula, using “y” your weight of trash (pounds), divided by 0.15 cubic yards per 32 gallon trash can, to obtain your value in pounds per cubic yard; which equals: “y” pounds / 0.15 cubic yards = ________ pounds 32 gallon can 32 gallon can cubic yard (4) Substitute this value for the 250 pounds per cubic yard value in method a above. This would be the more accurate measure of your park’s specific waste. C: For compacted trash, to convert cubic yards into tons: To use a compaction ratio, multiply the appropriate ratio times the un-compacted trash weight in formula a to obtain the compacted trash weight. “x” cubic yards x 3 (compaction ratio) x 250 pounds x 1 ton = ______ tons cubic yard 2000 pounds 236 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 9 TYPICAL COMPACTION RATIOS FOR TRASH: 3:1 (TYPICAL) 4:1 (HIGHER-COMPACTION VEHICLES) If you or your hauler don’t know the compacting ratio, the typical values for compacted trash are 500 to 1000 lbs./cubic yard, average 700 lbs./cubic yard. Use 700 lbs. per cubic yard if you don’t have more accurate records. For compacted trash, 0.4 is used instead of 0.125 in formula a: “x” cubic yards x 0.4 tons = _______ tons cubic yard D: To convert container size to cubic yards for un-compacted waste: If you don't have size and weight information on your specific containers, then these typical values can be used: 1 cubic yard = 202 gallons 32 gallon can = 0.15 cubic yards 60 gallon tote = 0.30 cubic yards 90 gallon tote = 0.45 cubic yards 2. EPA’S STANDARD VOLUME-TO-WEIGHT CONVERSION FACTORS 237 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 10 238 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 11 A. Information obtained from Washington State. B. Draft National Recycling Coalition Measurement Standards and Reporting Guidelines presented to NRC membership. October 31, 1989. C. Personal communication with a representative from Allwaste. November 6, 1995. D. Battery Council International. 1995. 1994 National Recycling Rate Study. 239 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 017419 - 12 E. U.S. Epa. 1995. Methodology for Characterization of Municipal Solid Waste In The United States: 1994 Update. epa530-r-96-001. Washington, DC. F. U.S. EPA. 1993. Business Guide for Reducing Solid Waste. EPA530-k-92-004. WASHINGTON, DC. G. Personal communication with a representative from the steel recycling institute. November 1, 1995. H. Information obtained from Massachusetts State. I. Information obtained from New Jersey and New York States. J. Personal communication with a representative from the American Plastics Council. November 2, 1995. K. Personal communication with a representative from the Scrap Tire Management Council. November 6, 1995. l. Information obtained from Northeast Forest Products, Martin Mulch Company, and The Solid Waste Association of North America. M. Solid Waste Association of North America, Manager of Landfill Operations Training and Certification Course. January 1989. N. Information obtained from New Jersey and New York States. 240 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY PROTECTIVE COVERINGS 017610 - 1 SECTION 017610 - TEMPORARY PROTECTIVE COVERINGS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Temporary protective coverings for installed floors, walls, and other surfaces. 1.2 RELATED REQUIREMENTS A. Section 017000 - Execution and Closeout Requirements: Coordination of requirements for materials specified in this section. 1.3 DEFINITIONS A. Heavy Duty Protection Level: Floor protection measures suitable for heavy traffic areas with frequent or daily foot and rolling traffic. B. Medium Duty Protection Level: Floor protection measures suitable for medium traffic areas with infrequent foot and rolling traffic. C. Light Duty Protection Level: Floor protection measures suitable for light traffic areas with minimal to no foot and rolling traffic. 1.4 REFERENCE STANDARDS A. ANSI A135.4 - Basic Hardboard; 2012 (Reaffirmed 2020). B. ASTM C208 - Standard Specification for Cellulosic Fiber Insulating Board; 2022. C. ASTM E84 - Standard Test Method for Surface Burning Characteristics of Building Materials; 2023d. D. NFPA 701 - Standard Methods of Fire Tests for Flame Propagation of Textiles and Films; 2023, with Errata. 1.5 SUBMITTALS A. See Section 013000 - Administrative Requirements for submittal procedures. B. Product Data: Provide data on specified products, describing physical and performance characteristics; including sizes available; and installation instructions. C. Shop Drawings: Indicate existing finished surfaces to be protected. 241 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY PROTECTIVE COVERINGS 017610 - 2 D. Protection Plan: Provide a project specific plan for temporary protection of floors and walls that are finished or contribute to a finished assembly. 1. Identify protected locations, level of protection, and when temporary protection shall be placed or removed. 2. Identify which finished surfaces shall not be protected in the plan and why. Describe how they shall be protected from general construction activities. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Temporary Protective Coverings: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following: 1. FiberTite, Seaman Corporation. 2. Griffolyn, Division of Reef Industries. 3. JG Innovations, Inc. 4. Proflex Products, Inc. 5. Ram Board/Surface Shields. 6. Skudo USA. 7. TuffWrap. B. Substitutions: See Section 016000 - Product Requirements. 2.2 GENERAL A. Provide materials that are easily removed without damage to the surfaces covered and with the following characteristics: 1. Water resistant. 2. Vapor permeable. 3. Impact resistant. 4. Slip resistant. 5. Flame retardant. 2.3 MATERIALS A. Sheet Materials: 1. Corrugated polypropylene sheet. 2. Wood Hardboard: ANSI A135.4, tempered, 1/4 inch thick nominal. 3. Plywood, 1/2 inch thick nominal. 4. Fiberboard: ASTM C208, 1/2 inch thick nominal. 5. Flame Retardance: Meet requirements of NFPA 701. 6. Surface Burning Characteristics: Maximum flame spread index of 25 and smoke developed index of 450; when system tested in accordance with ASTM E84. B. Rolled Materials: 1. Self-adhering polyethylene film. 242 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana TEMPORARY PROTECTIVE COVERINGS 017610 - 3 2. Recycled cellulose fiberboard paper. 3. Laminated glass fiber reinforced kraft paper. 4. Flame Retardance: Meet requirements of NFPA 701. 5. Surface Burning Characteristics: Maximum flame spread index of 25 and smoke developed index of 450; when system tested in accordance with ASTM E84. C. Corner and Door Jamb Protection Materials: 1. Cardboard, shaped specifically for application. 2. PVC plastic. D. Tape: Type recommended by protective covering material manufacturer. PART 3 - EXECUTION 3.1 GENERAL A. Surfaces requiring protection from construction for duration of the Work: 1. Architectural concrete, sealed concrete, polished concrete, and burnished concrete shall be protected from normal construction activities in both unfinished and finished conditions. 2. All Division 09 finishes once installed and subjected to construction traffic and activities. 3.2 PREPARATION A. Remove dirt and debris from surfaces to be protected. 3.3 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Trim or overlap sheet materials to fit area to be covered. C. Roll out and cut rolled materials to fit area to be covered. D. Tape seams. Avoid taping directly to finished surfaces. E. Stretch self-adhering film materials to completely cover surface. F. Install door jamb protection to full height of opening. 3.4 REMOVAL A. Remove protective coverings prior to Date of Substantial Completion. Reuse or recycle materials if possible. END OF SECTION 243 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CLOSEOUT SUBMITTALS 017800 - 1 SECTION 017800 - CLOSEOUT SUBMITTALS PART 1 - GENERAL 1.1 SECTION INCLUDES A. Project record documents. B. Operation and maintenance data. C. Materials transparency manual. D. Warranties and bonds. E. Warranty Ticket System. 1.2 RELATED REQUIREMENTS A. Section 013000 - Administrative Requirements: Submittals procedures, shop drawings, product data, and samples. B. Individual Product Sections: Specific requirements for operation and maintenance data. C. Individual Product Sections: Warranties required for specific products or Work. 1.3 SUBMITTALS A. Project Record Documents: Submit documents to Architect with claim for final Application for Payment. B. Operation and Maintenance Data: 1. For equipment, or component parts of equipment put into service during construction and operated by Owner, submit completed documents within ten days after acceptance. 2. Submit PDF Electronic files. Assemble each manual into one combined, electronically indexed file. Submit through web-based project software. a. Name each indexed document file in combined electronic index with applicable item name. Include a complete electronically- linked operation and maintenance directory. b. Enable inserted reviewer comments on draft submittals. 3. Submit one copy of completed documents 15 days prior to final inspection. This copy will be reviewed and returned after final inspection, with Architect comments. Revise content of all document sets as required prior to final submission. 4. Submit one set of revised final documents in final form within 10 days after final inspection. C. Materials Transparency Manual: 244 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CLOSEOUT SUBMITTALS 017800 - 2 1. Compile and submit a digital version of information disclosing materials content for interior finishes, furnishings (including workstations), built-in furniture. D. Warranties and Bonds: 1. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within 10 days after acceptance. 2. Make other submittals within 10 days after Date of Substantial Completion, prior to final Application for Payment. 3. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period. PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION 3. 1 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. 6. Manufacturer's instruction for assembly, installation, and adjusting. B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable. E. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and modifications. 4. Submit record specifications as annotated PDF electronic file. F. Record Drawings and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 245 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CLOSEOUT SUBMITTALS 017800 - 3 3. Field changes of dimension and detail. 4. Details not on original Contract drawings. 3.2 OPERATION AND MAINTENANCE DATA A. Source Data: For each product or system, list names, addresses and telephone numbers of Subcontractors and suppliers, including local source of supplies and replacement parts. B. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. C. Drawings: Supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings. D. Typed Text: As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. 3.3 OPERATION AND MAINTENANCE DATA FOR MATERIALS AND FINISHES A. For Each Product, Applied Material, and Finish: 1. Product data, with catalog number, size, composition, and color and texture designations. 2. Information for re-ordering custom manufactured products. B. Instructions for Care and Maintenance: Manufacturer's recommendations for cleaning agents and methods, precautions against detrimental cleaning agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather-exposed products: Include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional information as specified in individual product specification sections. E. Where additional instructions are required, beyond the manufacturer's standard printed instructions, have instructions prepared by personnel experienced in the operation and maintenance of the specific products. 3.4 OPERATION AND MAINTENANCE DATA FOR EQUIPMENT AND SYSTEMS A. For Each Item of Equipment and Each System: 1. Description of unit or system, and component parts. 2. Identify function, normal operating characteristics, and limiting conditions. 3. Include performance curves, with engineering data and tests. 4. Complete nomenclature and model number of replaceable parts. 246 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CLOSEOUT SUBMITTALS 017800 - 4 B. Where additional instructions are required, beyond the manufacturer's standard printed instructions, have instructions prepared by personnel experienced in the operation and maintenance of the specific products. C. Operating Procedures: Include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and any special operating instructions. D. Maintenance Requirements: Include routine procedures and guide for preventative maintenance and trouble shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. E. Include manufacturer's printed operation and maintenance instructions. F. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. G. Include test and balancing reports. H. Additional Requirements: As specified in individual product specification sections. 3.5 ASSEMBLY OF DIGITAL OPERATION AND MAINTENANCE MANUALS A. Assemble operation and maintenance data in the form of a multiple file composite electronic PDF file for each manual type required. B. Electronic files: Use electronic files prepared by manufacturer where available. Where scanning of paper documents is required, configure scanned file for minimum readable file size. C. Bookmarks: Bookmark individual documents based on file names. D. File Names: Name document files to correspond to system, subsystem, and equipment names used in manual directory and table of contents. 3.6 WARRANTIES AND BONDS A. Obtain warranties and bonds, executed in duplicate by responsible Subcontractors, suppliers, and manufacturers, within 10 days after completion of the applicable item of work. Except for items put into use with Owner's permission, leave date of beginning of time of warranty until Date of Substantial completion is determined. B. Verify that documents are in proper form, contain full information, and are notarized. C. Co-execute submittals when required. 247 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana CLOSEOUT SUBMITTALS 017800 - 5 D. Retain warranties and bonds until time specified for submittal. E. Manual: Bind in commercial quality 8-1/2 by 11 inch three D side ring binders with durable plastic covers. F. Cover: Identify each binder with typed or printed title WARRANTIES AND BONDS, with title of Project; name, address and telephone number of Contractor and equipment supplier; and name of responsible company principal. G. Table of Contents: Neatly typed, in the sequence of the Table of Contents of the Project Manual, with each item identified with the number and title of the specification section in which specified, and the name of product or work item. 1. Separate each warranty or bond with index tab sheets keyed to the Table of Contents listing. 2. Provide full information, using separate typed sheets as necessary. List Subcontractor, supplier, and manufacturer, with name, address, and telephone number of responsible principal. 3.7 WARRANTY TICKET SYSTEM A. Develop, host, and maintain an online warranty ticket system for tracking and managing warranty claims. System shall be accessible to Architect, Owner, and subcontractors for the duration of the warranty period. 1. Online warranty system: a. Warranty claims submitted electronically and incorporate detailed descriptions and photographs of warranty issues. b. Track status of each claim. c. Provide updates on actions taken including investigation reports, subcontractor communication, and completion of warranty work. d. Provide notification to Architect, and other relevant parties, when warranty issues require design input or involve non-warranty matters. 2. Provide training and support to Owner, Architect, and subcontractors on use of warranty ticket system. 3. Use of this system does not absolve the Contractor of any responsibilities outlines in the contract documents regarding the correction of Work or maintenance services. END OF SECTION 248 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana GENERAL COMMISSIONING REQUIREMENTS 019113 - 1 SECTION 017900 - DEMONSTRATION AND TRAINING PART 1 - GENERAL 1.1 SUMMARY A. Demonstration of products and systems where indicated in specific specification sections. B. Training of Owner personnel in operation and maintenance is required for: 1. All software-operated systems. 2. HVAC systems and equipment. 3. Plumbing equipment. 4. Fire suppression system. 5. Electrical systems and equipment. 6. Items specified in individual product Sections. C. Training of Owner personnel in care, cleaning, maintenance, and repair is required for: 1. Roofing, waterproofing, and other weather-exposed or moisture protection products. 2. Finishes, including flooring, wall finishes, ceiling finishes. 3. Fixtures and fittings. 4. Items specified in individual product Sections. 1.2 RELATED REQUIREMENTS A. Section 017800 - Closeout Submittals: Operation and maintenance manuals. B. Other Specification Sections: Additional requirements for demonstration and training. 1.3 SUBMITTALS A. See Section 013000 - Administrative Requirements, for submittal procedures. B. Training Plan: Owner will designate personnel to be trained; tailor training to needs and skill-level of attendees. 1. Submit to Architect for transmittal to Owner. 2. Submit not less than four weeks prior to start of training. 3. Revise and resubmit until acceptable. 4. Provide an overall schedule showing all training sessions. 5. Include at least the following for each training session: a. Identification, date, time, and duration. b. Description of products and/or systems to be covered. c. Name of firm and person conducting training; include qualifications. d. Intended audience, such as job description. 249 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana GENERAL COMMISSIONING REQUIREMENTS 019113 - 2 e. Objectives of training and suggested methods of ensuring adequate training. f. Methods to be used, such as classroom lecture, live demonstrations, hands-on, etc. g. Media to be used, such a slides, hand-outs, etc. h. Training equipment required, such as projector, projection screen, etc., to be provided by Contractor. C. Training Manuals: 1. Provide training manual for each attendee; allow for minimum of two attendees per training session. a. Include applicable portion of O&M manuals. b. Include copies of all hand-outs, slides, overheads, video presentations, etc., that are not included in O&M manuals. c. Provide one extra copy of each training manual to be included with operation and maintenance data. 1.4 QUALITY ASSURANCE A. Instructor Qualifications: Familiar with design, operation, maintenance and troubleshooting of the relevant products and systems. 1. Provide as instructors the most qualified trainer of those contractors and/or installers who actually supplied and installed the systems and equipment. 2. Where a single person is not familiar with all aspects, provide specialists with necessary qualifications. PART 2 - PRODUCTS - NOT USED PART 3 - EXECUTION 3.1 DEMONSTRATION - GENERAL A. Demonstrations conducted during system start-up do not qualify as demonstrations for the purposes of this section, unless approved in advance by Owner. B. Demonstration may be combined with Owner personnel training if applicable. C. Operating Equipment and Systems: Demonstrate operation in all modes, including start-up, shut-down, seasonal changeover, emergency conditions, and troubleshooting, and maintenance procedures, including scheduled and preventive maintenance. 1. Perform demonstrations not less than two weeks prior to Substantial Completion. 2. For equipment or systems requiring seasonal operation, perform demonstration for other season within six months. 250 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana GENERAL COMMISSIONING REQUIREMENTS 019113 - 3 D. Non-Operating Products: Demonstrate cleaning, scheduled and preventive maintenance, and repair procedures. 1. Perform demonstrations not less than two weeks prior to Substantial Completion. 3.2 TRAINING - GENERAL A. Conduct training on-site unless otherwise indicated. B. Owner will provide classroom and seating at no cost to Contractor. C. Provide training in minimum two-hour segments. D. Training schedule will be subject to availability of Owner's personnel to be trained; re-schedule training sessions as required by Owner; once schedule has been approved by Owner failure to conduct sessions according to schedule will be cause for Owner to charge Contractor for personnel "show-up" time. E. Review of Facility Policy on Operation and Maintenance Data: During training discuss: 1. The location of the O&M manuals and procedures for use and preservation; backup copies. 2. Typical contents and organization of all manuals, including explanatory information, system narratives, and product specific information. 3. Typical uses of the O&M manuals. F. Product- and System-Specific Training: 1. Review the applicable O&M manuals. 2. For systems, provide an overview of system operation, design parameters and constraints, and operational strategies. 3. Review instructions for proper operation in all modes, including start-up, shut-down, seasonal changeover and emergency procedures, and for maintenance, including preventative maintenance. 4. Provide hands-on training on all operational modes possible and preventive maintenance. 5. Emphasize safe and proper operating requirements; discuss relevant health and safety issues and emergency procedures. 6. Discuss common troubleshooting problems and solutions. 7. Discuss any peculiarities of equipment installation or operation. 8. Discuss warranties and guarantees, including procedures necessary to avoid voiding coverage. 9. Review recommended tools and spare parts inventory suggestions of manufacturers. 10. Review spare parts and tools required to be furnished by Contractor. 11. Review spare parts suppliers and sources and procurement procedures. 12. Be prepared to answer questions raised by training attendees; if unable to answer during training session, provide written response within three days. END OF SECTION 251 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana DEMOLITION 024100 - 1 SECTION 024100 - DEMOLITION PART 1 - GENERAL 1.1 SECTION INCLUDES A. Building demolition. B. Selective demolition of building elements for alteration purposes. 1.2 RELATED REQUIREMENTS A. Section 011000 - Summary: Limitations on Contractor's use of site and premises. B. Section 017000 - Execution and Closeout Requirements: Project conditions; protection of bench marks, survey control points, and existing construction to remain; reinstallation of removed products; temporary bracing and shoring. 1.3 DEFINITIONS A. Demolition: Dismantle, raze, destroy or wreck any building or structure or any part thereof. B. Remove: Detach or dismantle items from existing construction and dispose of them off site, unless items are indicated to be salvaged or reinstalled. C. Remove and Salvage: Detach or dismantle items from existing construction in a manner to prevent damage. Clean, package, label and deliver salvaged items to Owner in ready-for-reuse condition. D. Remove and Reinstall: Detach or dismantle items from existing construction in a manner to prevent damage. Clean and prepare for reuse and reinstall where indicated. E. Existing to Remain: Designation for existing items that are not to be removed and that are not otherwise indicated to be salvaged or reinstalled. 252 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana DEMOLITION 024100 - 2 1.4 REFERENCE STANDARDS A. 29 CFR 1926 - Safety and Health Regulations for Construction Current Edition. 1.5 SUBMITTALS A. See Section 013000 - Administrative Requirements for submittal procedures. B. Site Plan: Indicate: 1. Areas for temporary construction and field offices. 2. Areas for temporary and permanent placement of removed materials. C. Project Record Documents: Accurately record actual locations of capped and active utilities and subsurface construction. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.1 GENERAL PROCEDURES AND PROJECT CONDITIONS A. Comply with applicable codes and regulations for demolition operations and safety of adjacent structures and the public. 1. Obtain required permits. 2. Take precautions to prevent catastrophic or uncontrolled collapse of structures to be removed; do not allow worker or public access within range of potential collapse of unstable structures. 3. Provide, erect, and maintain temporary barriers and security devices. 4. Conduct operations to minimize effects on and interference with adjacent structures and occupants. 5. Do not close or obstruct roadways or sidewalks without permits from authority having jurisdiction. 6. Conduct operations to minimize obstruction of public and private entrances and exits. Do not obstruct required exits at any time. Protect persons using entrances and exits from removal operations. 7. Obtain written permission from owners of adjacent properties when demolition equipment will traverse, infringe upon, or limit access to their property. B. Do not begin removal until receipt of notification to proceed from Owner. C. Protect existing structures and other elements to remain in place and not 253 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana DEMOLITION 024100 - 3 removed. 1. Provide bracing and shoring. 2. Prevent movement or settlement of adjacent structures. 3. Stop work immediately if adjacent structures appear to be in danger. D. Hazardous Materials: 1. Hazardous Materials: Comply with 29 CFR 1926 and state and local regulations. 3.2 EXISTING UTILITIES A. Coordinate work with utility companies. Notify utilities before starting work, comply with their requirements, and obtain required permits. B. Protect existing utilities to remain from damage. C. Do not disrupt public utilities without permit from authority having jurisdiction. D. Do not close, shut off, or disrupt existing life safety systems that are in use without at least 7 days prior written notification to Owner. E. Do not close, shut off, or disrupt existing utility branches or take-offs that are in use without at least 3 days prior written notification to Owner. F. Locate and mark utilities to remain; mark using highly visible tags or flags, with identification of utility type; protect from damage due to subsequent construction, using substantial barricades if necessary. G. Remove exposed piping, valves, meters, equipment, supports, and foundations of disconnected and abandoned utilities. 3.3 SELECTIVE DEMOLITION FOR ALTERATIONS A. Existing construction and utilities indicated on drawings are based on casual field observation and existing record documents only. 1. Verify construction and utility arrangements are as indicated. 2. Report discrepancies to Engineer before disturbing existing installation. 3. Beginning of demolition work constitutes acceptance of existing conditions that would be apparent upon examination prior to starting demolition. B. Maintain weatherproof exterior building enclosure, except for interruptions required for replacement or modifications; prevent water and humidity damage. 254 BOZEMAN PARKING GARAGE – OFFICE SEWER UPDATES Bozeman, Montana DEMOLITION 024100 - 4 C. Remove existing work as indicated and required to accomplish new work. 1. Remove items indicated on drawings. D. Services including, but not limited to, HVAC, Plumbing, Fire Protection, Electrical, and Telecommunications: Remove existing systems and equipment as indicated. 1. Maintain existing active systems to remain in operation and maintain access to equipment and operational components. 2. Where existing active systems serve occupied facilities but are to be replaced with new services, maintain existing systems in service until new systems are complete and ready for service. 3. Verify that abandoned services serve only abandoned facilities before removal. 4. Remove abandoned pipe, ducts, conduits, and equipment, including those above accessible ceilings. Remove back to source of supply where possible, otherwise cap stub and tag with identification. E. Protect existing work to remain. 1. Prevent movement of structure. Provide shoring and bracing as required. 2. Perform cutting to accomplish removal work neatly and as specified for cutting new work. 3. Repair adjacent construction and finishes damaged during removal work. 4. Patch to match new work. 3.4 DEBRIS AND WASTE REMOVAL A. Remove debris, junk, and trash from site. B. Leave site in clean condition, ready for subsequent work. C. Clean up spillage and wind-blown debris from public and private lands. END OF SECTION 255 Memorandum REPORT TO:City Commission FROM:Takami Clark Communications & Engagement Director SUBJECT:Authorize the City Manager to Sign the Professional Services Agreement with Hardy Brands for City Brand Refresh Project MEETING DATE:November 17, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Authorize the City Manager's signature STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The City's current brand and logo were created in 2015, and many are familiar with our blue and green colors. Having these two colors, however, has been limiting for the city's design of materials. It has become challenging to make project materials look unique, which leads staff and consultants to often veer outside of the brand, weakening our visual identity. Importantly, both colors are also not fully accessible when placed on a white background. The green is only accessible on black, and the blue is only accessible when used with large fonts. This leads to many errors as consultants and staff design materials, and we often need to spend time correcting color contrast issues to meet accessibility standards. The City's Communications & Engagement team is interested in updating our city brand to offer more color options and enhance accessibility, with the ultimate goal of creating a more efficient, accessible, and attractive brand for staff and the general public. We also plan on using this opportunity to update our materials and create greater cohesion across email signatures, presentations, and more, subtly reinforcing our new shared brand identity even further. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:Total cost is estimated to be $29,890 and to be paid out of the City Manager's budget. Attachments: 256 R5_City_Bozeman_Proposal.pdf 2026_PSA_Brand_Refresh.pdf Report compiled on: November 10, 2026 257 PROPOSAL 1 SUCCESS THROUGH STRATEGY 11.02.2026 CONTACT Conner Clemens Business Development CONNER@HARDYBRANDS.COM HARDYBRANDS.COM 610.513.9397 R5_City of Bozeman Statement of Work DATE We're powered by smart thinking and client collaboration. Through client partnerships, we build creative experiences that always focus on the users, that is, our clients' customers. 258 PROPOSAL 2 QUALITY + CAPACITY OF AGENCY AND PERSONNEL About Hardy Capabilities Team - Capabilities, Qualifications, Experience and Training Work Samples TIMELINE BRAND Strategy Design TOTAL COST Contents 259 PROPOSAL 3 Since 2012, we have helped businesses succeed by giving them the tools to positively influence their reputations. Using battle-tested processes, solid strategies and our creative brains, we construct plans that propel businesses. WHAT WE BELIEVE.WHAT WE DO. At our foundation, we believe that design, marketing and businesses should always place users’ needs first. Brand Strategy Brand Identity Brand Execution Your Success Is Our Business 260 PROPOSAL 4 BRAND STRATEGY Mission + Vision Brand Pillars Customer Personas Positioning Purpose + Values Brand Architecture Customer Research Surveying Brand Story True Line Name Sales Mapping BRAND IDENTITY Colors Fonts Logos Tagline + Messaging Voice + Tone Interior Design Illustration Texture + Effects Iconography Dress Code Uniforms Personality Materials + Finishes Signage Photo + Video Style BRAND EXECUTION TOUCHPOINTS Brand Launch Websites Packaging Interior + Exterior Design Outdoor Advertising TV + Radio Advertising Media Planning + Buying Social Media Content Content Marketing Sales Materials Direct Mail Email Marketing Apparel Vehicle Wraps Business Collateral Digital Advertising Print Advertising Events Signage In branding, there are four key areas that, when they work together, empower our clients to own their brand, build strong bonds with their customers and crush their business goals. Expertise 261 PROPOSAL 5 Hardy Brands is a team of brand strategists, storytellers, thinkers, crafters, creators, spreadsheet-lovers, business specialists and relationship-builders who all believe in the power of branding as a way to help our clients reach their business goals. Our Team SPECIALTIES | Business Strategy Marketing ∙ Brand Strategy ∙ Sales Client Relations SPECIALTIES | Marketing & Brand Strategy ∙ Brand Management ∙ Client Relations ∙ Analytics SPECIALTIES | Marketing & Brand Strategy ∙ Brand Management ∙ Client Relations ∙ Analytics SPECIALTIES | Brand Identity ∙ Brand Strategy ∙ Graphic Design ∙ Presentation Design ∙ Web Design ∙ Interior Design MEGAN ARMSTRONG WOLD FOUNDER + PRESIDENT AMY MIKKOLA ACCOUNT MANAGER + STRATEGIST KASSANDRA CARLSON ACCOUNT MANAGER + STRATEGIST ANDREA NAULT GRAPHIC DESIGNER SPECIALTIES | Brand Identity Graphic Design ∙ Presentation Design BRYNN RYAN GRAPHIC DESIGNER CONNER CLEMENS BUSINESS DEVELOPMENT SPECIALTIES | Business Strategy Marketing ∙ Brand Strategy ∙ Sales SPECIALTIES | Marketing & Brand Strategy ∙ Survey Analysis ∙ Content Marketing MADELYN PIERSON MARKETING ASSOCIATE 262 OSM CONSTRUCTIONProven over time. Built for the future. OSM Construction (formerly On Site Management) is a full-service general contracting firm that values excellent craftsmanship and follows a proven project management process that has led them to build some of the most stunning homes in Montana and Wyoming. Founded in 1987, OSM Construction has become a leader in custom homebuilding in Bozeman, Montana and Jackson, Wyoming. Hardy partnered with OSM Construction when they were looking to rebrand this powerhouse construction company. The OSM Construction team sought a united brand strategy for its two offices (Bozeman and Jackson), a refreshed brand identity, an updated website and a partner for brand execution. SCOPE OF PROJECT Brand Strategy Brand Identity Core Values Website Marketing & Advertising Sales Mapping RESULT OSM Construction now has a defined brand strategy and identity as well as tools to help with everything from onboarding new employees to connecting with people building high- end custom homes in Bozeman and Jackson. 263 TOWN & COUNTRYFoused on Food Town & Country Foods is a longstanding, beloved Montana brand. With eight stores in six unique communities, T&C is a trusted neighborhood staple — feeding people, growing relationships, and giving back. To punctuate the people-first ethos Town & Country evolved into a 100% employee owned company – a transition that is driving success today. While the blueprint for the 60-year-old company remains the same, Hardy Brands was brought in to create a brand strategy that fits where they are today and will empower T&C scale in the future. This strategy laid the groundwork for a visual identity system that unites each location while highlighting their unique charm. SCOPE OF PROJECT Brand Strategy Brand Identity Environmental Branding Brand Launch RESULT A brand that celebrates Town & Country Foods’ longstanding community presence, reaffirms employee ownership, and enables sustainable growth into new locations across Montana. 264 PROPOSAL 8 *This is not a contract or a bill, it is our best estimate of the total price to complete the work. Scope changes and/or additional features will affect the final price. We will inform you prior to proceeding with any work outside the estimate. All items listed above are allotted two rounds of edits. Verbal or written approval voids any remaining rounds of edits. Any additional edits will be billed at an hourly rate and added to the final invoice. The total price displayed above does not include any printing costs. Proposal valid 60 days from presented date. Timeline This timeline represents our recommended project work flow and our best estimate of project timing. It serves as a representation of how different scopes of work can overlap during the planning and execution phases. This timeline is subject to change. $29,890 INITIAL SCOPE OF WORK* SEP NOV DECJANFEBMAROCTJUNJULAUGMAYAPR SEP NOV DECJANFEBMAROCTJUNJULAUGMAYAPR BRAND STRATEGY BRAND IDENTITY 265 PROPOSAL 9 Brand Strategy + Identity 266 PROPOSAL 10 DEEP DIVE One-hour creative brief to best understand your goals, organization and audience. INDUSTRY RESEARCH Acquire knowledge about your industry using online resources and researching national trends to best differentiate your company. Explore Let's dig in. Strategy STEP 1 267 PROPOSAL 11 MOODBOARDS Creative prototyping tool that uses a collage of images, fonts, colors and logos to define the art direction that correlates with the strategy. PROTOTYPE LOGOS Work off of approved moodboard to create primary, secondary and tertiary logos that match brand strategy and identity. BRANDBOARD Creative prototype that shows your brand identity in use to help define the following: FONTS COLORS TEXTURES IMAGERY LOOK AND FEEL DIGITAL BRAND IDENTITY ASSETS All of your identity assets created to support the look and feel of the brand in digital format. This includes the logo set (web and print ready). DESIGN DELIVERABLES • UPDATE CURRENT CITY BRAND GUIDELINES • TYPE SETTING AND EXPORTING DEPARTMENT LOGOS • BUSINESS CARDS (TEMPLATE) • 3-SLIDE POWERPOINT (TEMPLATE) • EMAIL SIGNATURE (TEMPLATE) • GRAPHIC FOR CHANNEL 190 • LETTERHEAD (TEMPLATE) Ideate Execute All eyes on you. Identity STEP 2 268 PROPOSAL 12 *This is not a contract or a bill, it is our best estimate of the total price to complete the work. Scope changes and/or additional features will affect the final price. We will inform you prior to proceeding with any work outside the estimate. All items listed above are allotted two rounds of edits. Verbal or written approval voids any remaining rounds of edits. Any additional edits will be billed at an hourly rate and added to the final invoice. The total price displayed above does not include any printing costs. This Statement of Work is subject to Hardy Brands’ Terms and Conditions, which have been provided to Client and are incorporated herein by reference. Proposal valid 60 days from presented date. $29,890 TOTAL COST 25% Down payment $7,474.50 Billed per month for 5 months $4,483.50 Any approved additions will be billed upon the completion of the added scope of work. 269 Professional Services Agreement for City Brand Refresh Project Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 17th day of November 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, Hardy Brands, 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 into 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 31st day of December 2027, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by 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. 270 Professional Services Agreement for City Brand Refresh Project Page 2 of 13 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. 271 Professional Services Agreement for City Brand Refresh Project Page 3 of 13 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, 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 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. 272 Professional Services Agreement for City Brand Refresh Project Page 4 of 13 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. 10. 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 • 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 273 Professional Services Agreement for City Brand Refresh Project Page 5 of 13 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. 11. 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. 12. 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 12, Contractor must be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 12 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 12, 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. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of City, make it 274 Professional Services Agreement for City Brand Refresh Project Page 6 of 13 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 13, 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 13(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. 14. 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 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 275 Professional Services Agreement for City Brand Refresh Project Page 7 of 13 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. e. 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.” f. 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. 15. 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, 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. 16. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement must be Takami Clark 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 276 Professional Services Agreement for City Brand Refresh Project Page 8 of 13 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 _____________________ 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. 17. 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. 18. 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 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by City. This includes ensuring that City’s communications with people with disabilities are as effective as its communications with others. 277 Professional Services Agreement for City Brand Refresh Project Page 9 of 13 If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). City will not accept digital content that does not comply with WCAG A and AA guidelines. If City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to City. 20. Generative Artificial Intelligence (AI): Contractor must inform the City’s representative of its intention to utilize 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. 21. 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 278 Professional Services Agreement for City Brand Refresh Project Page 10 of 13 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. 22. 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, 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. 23. 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. 24. 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. 25. 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 279 Professional Services Agreement for City Brand Refresh Project Page 11 of 13 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 26. 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 attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 27. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 28. 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. 29. Survival: Contractor’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 30. 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. 31. Severability: If any portion of this Agreement is held to be void or unenforceable, all other provisions of this Agreement must remain in effect. 32. Applicable Law: The Parties agree that this Agreement is governed by the laws of the State of Montana. 280 Professional Services Agreement for City Brand Refresh Project Page 12 of 13 33. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 34. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the Parties, does not constitute a third-Party beneficiary agreement, and may not be relied upon or enforced by a third Party. 35. Counterparts: This Agreement may be executed in counterparts, which together constitute this Agreement. 36. 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. 37. 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. 38. 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 **** 281 Professional Services Agreement for City Brand Refresh Project Page 13 of 13 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 282 Memorandum REPORT TO:City Commission FROM:Brian Heaston SUBJECT:Authorize the City Manager to Sign Task Order 8 with HDR Engineering Providing Technical Assistance to Lengthen the Solids Loadout Conveyor at the Water Reclamation Facility MEETING DATE:November 17, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Task Order 8 with HDR Engineering Providing Technical Assistance to Lengthen the Solids Loadout Conveyor at the Water Reclamation Facility STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:HDR Engineering provides professional engineering services on an on-call basis for the Water Reclamation Facility (WRF) under a master task order professional services agreement entered into on June 3, 2025. Task Order 8, attached, provides technical assistance to lengthen the existing solids loadout conveyor at the WRF. The existing conveyor is sized to load a tandem axle dump truck. The dump truck is being replaced with a new semi- trailer with over twice the volumetric capacity. The existing solids conveyor must be lengthened to provide complete loadout of the new trailer. The solids handling building expansion completed in 2023 was designed to house a semi-trailer and longer conveyor so building enlargement is not needed. Solids are disposed of at the Logan Landfill where they are utilized for composted ground cover. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The not-to-exceed fee for Task Order 8 is $10,000 payable on a Time & Materials basis. Funding is provided in the wastewater fund through capital improvement plan project WW69 – Small Works Projects. WW69 has a total authorized budget of $168,700 for FY27. Sufficient funding is available. Attachments: Bozeman WRF Task Order 08.pdf 283 Report compiled on: November 5, 2026 284 WRF Task Order No. 8 1 Exhibit A to Professional Services Agreement TASK ORDER NUMBER 08 Issued under the authority of Professional Services Agreement between the City of Bozeman and HDR Engineering, Inc. for: A range of professional and technical services related to operations and maintenance of the City of Bozeman Water Reclamation Facility and the East Gallatin River. This Task Order is dated , 2026, between City of Bozeman (City) and HDR Engineering, Inc. (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Brian Heaston Contractor: Coralynn Revis SCOPE OF WORK: (attach additional sheet(s) as required) 1.As-needed assistance to coordinate the installation of the conveyor for solids handling building withthe City and vendor. COMPENSATION: The anticipated cost for services for the above Task items, to be completed on a Time and Materials Basis not to exceed $10,000.00 without prior authorization. Contractor shall be reimbursed on a Time and Materials basis not to exceed the budget amounts presented, without prior written authorization from the City of Bozeman. Contractor shall notify the City of Bozeman prior to executing additional work, and shall not proceed with additional work without written authorization from the City of Bozeman. Contractor shall invoice no more often than monthly for services provided in the prior month. The provisions of the Professional Services Master Task Order Agreement and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman HDR Engineering, Inc. By: By: Title: Title: Vice President Date: Date: Fed. ID. No. 47-0680568 November 17 285 MONTANA AREA 2026 HOURLY RATE SCHEDULE BILLING CLASSIFICATION RATE RANGES Principal/ Sr. Technical Advisor $ 250.00 - $ 400.00 Sr. Engineer/ Sr. Project Manager $ 250.00 - $ 400.00 Project Manager $ 180.00 - $ 350.00 Project Engineer $ 150.00 - $ 250.00 Design Engineer/EIT $ 100.00 - $ 200.00 CADD/GIS/Technician $ 100.00 - $ 200.00 Controls/Integration $ 100.00 - $ 300.00 Project Admin and Support $ 85.00 - $ 200.00 Environmental Specialist $ 100.00 - $ 250.00 Strategic Comm/Graphics $ 100.00 - $ 250.00 Construction Management/Inspection $ 100.00 - $ 300.00 Economics/Project Controls $ 100.00 - $ 300.00 Right-of-Way Specialist $ 100.00 - $ 250.00 2026 CHARGEABLE EXPENSE SCHEDULE Direct project expenses will be charged at the rates listed below unless a separate rate is negotiated for a specific project. SUBSISTENCE (PER DIEM) Subsistence such as meals and lodging while out on a project will be charged at actual cost or at the per diem rate negotiated for a specific project. TRAVEL Travel expenses will be charged at the following rates unless a separate rate is negotiated for a specific $Vehicles 0.92 /mile Rental Vehicles & Aircraft $ Actual Cost /mile 286 2026 CHARGEABLE EXPENSE SCHEDULE (continued) TELEPHONE/FAX/POSTAGE Long distance calls, telegrams, fax, cellular phone, and any special class postage will be charged at SPECIAL EQUIPMENT CHARGES GPS - Handheld $ 20 /hr. Survey Equipment $ 50 /hr. UTV Other equipment to be determined as necessary $ 350 /day SURVEYING SUPPLIES (Includes: Flagging, Stakes, Etc.) $ 50 /mile SUBCONSULTANTS Subconsultants and expenses may be subject to markup OVERHEAD Overhead costs, such as rent, insurance, utilities, office furniture, employee benefits, and taxes are included in the hourly billing rates. 287 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Water Resources Engineer Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign Amendment 2 to the License Agreement for the Use of City Property with New Cingular Wireless PCS MEETING DATE:November 17, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 2 to the License Agreement for the Use of City Property with New Cingular Wireless PCS STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:City and Licensee’s predecessor, Alltel Communications, LLC, entered into a License Agreement for the Use of City Property dated November 11, 2008 and a First Amendment to the Agreement dated December 28, 2015, by which City permitted the Licensee use of a portion of the City property located at 1630 Kenyon Drive, Bozeman, MT (Hilltop Tank). The Licensee desires to amend the Agreement to permit Licensee to add, modify and/or replace equipment in order to comply with current or future federal, state or local mandated application, including but not limited to emergency 911 communication services. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:None, rent payments by the licensee will continue as outlined in the original license agreement. Attachments: Exhibit B-2 - Proposed Modifications.pdf Second Amenment to the License Agreement for the Use of City Property.docx Report compiled on: October 22, 2026 288 TITLE SHEET DRIVING DIRECTIONS APPLICABLE CODES SCOPE OF WORK T-1 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC SITE INFORMATION CONTACT INFORMATION 1630 KENYON DR. BOZEMAN, MT 59715 SITE ADDRESS: SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT SITE #: MTL02813 FA #: 10139650 USID: 108856 VICINITY MAP AERIAL MAP DRAWING INDEX 46'-0" WATER TANK PROJECT INFORMATION IWM JOB#PACE JOB# WSUTH0056545 N/A SITE LAT: 45.662200° LONG:-111.026000° CALL MONTANA ONE CALL (800) 424-5555 CALL 3 WORKING DAYS BEFORE YOU DIG! SITE LAT: 45.662200° LONG:-111.026000° N · · · · · 12/22/2025 289 GN-1 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC GENERAL NOTES · · · 12/22/2025 290 GN-2 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC SITE SIGNAGE 1SCALE: N.T.S.2SCALE: N.T.S.3SCALE: N.T.S.GENERAL NOTESALERTING & INFORMATION SIGNAGE 4SCALE: N.T.S.DOOR / EQUIPMENT SIGN 5SCALE: N.T.S.FENCED COMPOUND SIGNAGE 9SCALE: N.T.S.FENCED COMPOUND SIGNAGE 7SCALE: N.T.S. 8SCALE: N.T.S. SHELTER/CABINET DOORS SIGNAGE6SCALE: N.T.S.NFPA HAZARD SIGN (TYP.) GATE SIGNAGE FCC ASR SIGNAGE MTL02813 1630 KENYON DR. BOZEMAN, MT 59715 166331 NE AVE. STE. 2100 PORTLAND, OR 97201 12/22/2025 291 A-1 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC OVERALL SITE PLAN OVERALL SITE PLAN 1SCALE: 1" = 100' (11x17)KENYON DROCON N E L L D R BAXTER DRN 12/22/2025 292 A-2 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC COMPOUND PLAN COMPOUND PLAN 1SCALE: 1" = 30' (11x17) N 12/22/2025 293 A-3 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC EXISTING EQUIPMENT PLAN EQUIPMENT PLANS 1SCALE: 1/4" = 1'-0" (11x17)PROPOSED EQUIPMENT PLANSCALE: 1/4" = 1'-0" (11x17)2 NN12/22/2025 294 X X X X XX X X X XX X X X XX X X X XX X X X XX X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X X X X X X X XX X X X X XX X X X X X X X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X X X X X X X XX X X X X XX X X X X X X X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X X X X X X X XX X X X X XX X X X X X X X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X X X X X X X XX X X X X XX X X X X X X X X X XX X X X XX X X X XX X X X XX X X X XX X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X X X X X X X XX X X X X XX X X X X X X X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X X X X X X X XX X X X X XX X X X X X X X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X X X X X X X XX X X X X XX X X X X X X X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X XX X X X X X X X X X X X XX X X X X XX X X X X X A-4 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC ELEVATIONS 1PROPOSED ELEVATION SCALE: 1/16" = 1'-0" (11x17) 2SCALE: 1/16" = 1'-0" (11x17)EXISTING ELEVATION 12/22/2025 295 A-5 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC ANTENNA PLANS 1SCALE: 3/16" = 1'-0" (11x17)EXISTING ANTENNA PLAN PROPOSED ANTENNA PLAN2SCALE: 3/16" = 1'-0" (11x17) NN 12/22/2025 296 A-5.1 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC ANTENNA SCHEDULE 1ANTENNA SCHEDULE 12/22/2025 297 RF-1 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC RF INFORMATION 1RF INFORMATION (PROVIDED BY AT&T) FOR REFERENCE ONLY 298 D-1 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC EQUIPMENT DETAILS 1SCALE: N.T.S. 2SCALE: N.T.S. 3SCALE: N.T.S. 4SCALE: N.T.S. 5SCALE: N.T.S. 6SCALE: N.T.S. ANTENNA MOUNTING DETAIL RRH INFORMATION RRH INFORMATION RRH INFORMATION ANTENNA INFORMATION RRH INFORMATION 12/22/2025 299 DESCRIPTION DRAWING USAGE CHECKED BY DRAWN BY ENG. APPROVAL DWG. NO. CPD NO. KC8 1 OF 1CEK 1/22/2013 8/21/2012 SEE ASSEMBLY "A" PIPE TO PIPE CLAMP SET1-1/2" TO 5" PIPE 1/2" THICK CLAMP CUSTOMER DCPxxK CLASS SUB PART NO. 81 01 PAGETOLERANCES ON DIMENSIONS, UNLESS OTHERWISE NOTED ARE: SAWED, SHEARED AND GAS CUT EDGES (± 0.030")DRILLED AND GAS CUT HOLES (± 0.030") - NO CONING OF HOLESLASER CUT EDGES AND HOLES (± 0.010") - NO CONING OF HOLES BENDS ARE ± 1/2 DEGREEALL OTHER MACHINING (± 0.030")ALL OTHER ASSEMBLY (± 0.060") TOLERANCE NOTES PROPRIETARY NOTE:THE DATA AND TECHNIQUES CONTAINED IN THIS DRAWING ARE PROPRIETARY INFORMATION OF VALMONTINDUSTRIES AND CONSIDERED A TRADE SECRET. ANY USE OR DISCLOSURE WITHOUT THE CONSENT OFVALMONT INDUSTRIES IS STRICTLY PROHIBITED. EngineeringSupport Team: 1-888-753-7446 valmont Locations:New York, NYAtlanta, GALos Angeles, CAPlymouth, INSalem, ORDallas, TX PARTS LIST ITEM QTY PART NO.PART DESCRIPTION LENGTH UNIT WT.NET WT. 1 8 DCP CLAMP HALF, 1/2" THICK, 8-3/8"2.42 19.36 2 B C 5/8" THREADED ROD D E F 3 16 G58NUT 5/8'' HDG HEAVY 2H HEX NUT 0.13 2.08 4 16 G58LW 5/8" HDG LOCKWASHER 0.03 0.42 5 16 G58FW 5/8" HDG USS FLATWASHER 0.07 1.13 6 1/16" 8 1/8" 2" 1/2" LENGTH "D" FITS 1-1/2" TO 5" PIPE O.D. VARIABLE PARTS TABLE ASSEMBLY "A"QTY "B"PART "C"LENGTH "D"UNIT WT. "E"NET WT. "F"TOTAL WEIGHT DCP12K 4 G58R-12 12"1.05 4.18 27.01 DCP18K 4 G58R-18 18"1.57 6.27 29.10 1 2 3 4 5 X4 X4 X4 D-2 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC EQUIPMENT DETAILS 1SCALE: N.T.S. 2SCALE: N.T.S. 3SCALE: N.T.S.DUAL RRH BRACKET INFORMATION SKEW FIGHTER STANDOFF INFORMATION FOR REFERENCE ONLY 4 DCP18K STANDOFF INFORMATIONNOT USED 300 D-3 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC EQUIPMENT DETAILS 1SCALE: N.T.S.RECTIFIER INFORMATION 2SCALE: N.T.S.CONVERTER INFORMATION3SCALE: N.T.S.RETROFIT KIT DETAIL 12/22/2025 301 G-1 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC GROUNDING NOTES & PLAN 1SCALE: N.T.S.GENERAL NOTES 2SCALE: N.T.S.ANTENNA GROUNDING PLAN N 12/22/2025 302 G-2 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC GROUNDING DETAILS 2GROUND BAR DETAIL 1TIE CONNECTION DETAIL3 46 5 SCALE: N.T.S. SCALE: N.T.S.SCALE: N.T.S. SCALE: N.T.S.SCALE: N.T.S. SCALE: N.T.S.TEST WELL DETAIL GROUND ROD DETAIL GROUND CONNECTION TRENCH DETAIL CADWELD CONNECTION TYPES 12/22/2025 303 S-1 AT&T SITE NAME: ZOD_ALLTEL_MT08_BOZEMANWT AT&T SITE #: MTL02813 AT&T FA #: 10139650 AT&T USID: 108856 1630 KENYON DR. BOZEMAN, MT 59715 19801 SW 72ND AVE., SUITE 110 TUALATIN, OR 97062 ANSCO &ASSOCIATES, LLC STRUCTURAL DETAILS 1SCALE: N.T.S.STRUCTURAL DETAIL PEN DI N G A T T A C H M E N T D E T AI L S 12/22/2025 304 1 SECOND AMENDMENT TO LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY THIS SECOND AMENDMENT TO LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY (“Second Amendment”), is dated to be effective as of the latter of the signature dates below, by and between The City of Bozeman, a Montana municipal corporation, having a mailing address of P.O. Box 1230, Bozeman, MT 59771-1230 (“City”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor in interest to Alltel Communications, LLC, a Delaware limited liability corporation, having a mailing address of 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 (“Licensee”). WHEREAS, City and Licensee’s predecessor in interest, Alltel Communications, LLC, entered into a License Agreement for the Use of City Property dated November 11, 2008 (the “Agreement”) and that First Amendment to the Agreement dated December 28, 2015, by which City permitted the Licensee use of a portion of the City property (“Site”) located at 1630 Kenyon Drive, Bozeman, MT (collectively, the “Agreement”); and WHEREAS, City and Licensee desire to amend the Agreement for a second time to permit Licensee to add, modify and/or replace equipment in order to comply with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services; and WHEREAS, under paragraph 9 of the Agreement, any amendment or modification of the Agreement or any provision of the Agreement shall be made in writing or executed in the same manners as the original document and shall after execution become part of this Agreement; and WHEREAS, as permitted by paragraph 9 of the Agreement, City and Licensee mutually agree to amend the Agreement as set forth below. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, City and Licensee agree as follows: 1. Construction and Restrictions. Licensee shall have the right, subject to review and approval by the City, to change, modify or relocate telecommunications equipment as more completely described in the drawings, attached as Exhibit B-2. Exhibit B of the Agreement is repealed and replaced in its entirety by attached Exhibit B-2. 2. Notices. Section 4 of the First Amendment to the Agreement is deleted in its entirety and replaced with the following: NOTICES. All notices, requests and demands hereunder will be given as follows: 305 2 (a) For Notices to Tenant: (i) To Tenant’s Lease Administration Department by email at NoticeIntake@att.com with “Cell Site #: 108856; Site Name: ZOD_ALLTEL_MT08_BOZEMANWT (MT) FA#: 10139650,” in the e-mail subject line; and (ii) With a copy of notices of default to Tenant’s Law Department via first class certified or registered mail, return receipt requested or by a nationally recognized overnight courier, postage prepaid, addressed to: New Cingular Wireless PCS, LLC Attn.: Legal Dept – Network Operations Re: Cell Site #: 108856; Cell Site Name: ZOD_ALLTEL_MT08_BOZEMANWT (MT) Fixed Asset #: 10139650 208 S. Akard Street Dallas, TX 75202-4206 (b) For notices to Landlord via first class certified or registered mail, return receipt requested or by a nationally recognized overnight courier, postage prepaid, addressed to: __________________ __________________ __________________ (c) Notices by email to Tenant’s Lease Administration Department will be effective on the first calendar day after it was sent unless the sender receives an automated message that the email has not been delivered. Electronic mail shall be sent with a read receipt, but a read receipt shall not be required to establish that notice was given and received. All other notices shall be effective when properly sent and received or refused, unless returned undelivered. (d) Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other party hereto as provided herein. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain in effect. 4. Consent to Electronic Signatures. City and Licensee consent 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 **** 306 3 IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the latter of the signature dates below. CITY OF BOZEMAN, MONTANA NEW CINGULAR WIRELESS PCS, LLC By: AT&T Mobility Corporation, its Manager By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: Title: Date: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 307 4 EXHIBIT B-2 308 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to Sign Amendment One to the Professional Services Agreement with Montana State University's Local Government Center for a Statistically Valid Survey to Support the Integrated Water Resources Plan Update MEETING DATE:November 17, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment One to the Professional Services Agreement with Montana State University's Local Government Center for a Statistically Valid Survey to Support the Integrated Water Resources Plan Update. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:On April 8th, 2025, the City Commission approved the Integrated Water Resources Plan (IWRP) Update Engagement Plan, which outlines a strategy for engaging community members and other stakeholders in discussions and decisions regarding Bozeman's future water supply management. At the April 8th, 2025, City Commission meeting, Commission members requested that staff develop a statistically valid survey to support engagement efforts to ensure responses reflect the values of a broad population. Engagement efforts to date include an online survey published on Engage Bozeman in February/March 2026, in which 643 responses were submitted. Input provided helped shape the screening criteria used to support a preliminary evaluation of potential future water supply alternatives. The attached Amendment One to the Professional Services Agreement with Montana State University's Local Government Center outlines work to support the development of a statistically valid survey. Partnering with MSU for this project builds on the existing governance work with the Local Government Center and provides the City with a discounted rate for all professional services outlined in the Amendment. The statistically valid survey is anticipated to be made available to the public 309 in February/March 2027. In addition to the survey, community members will have the opportunity to provide input via Engage Bozeman and by attending in-person and virtual open houses. Responses will help shape the final recommendation outlined in the IWRP update. The recommendation will be developed by a Water Advisory Committee comprised of 12 community members and will include water supply alternatives and water conservation measures to meet future water supply needs over a 50-year planning horizon. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Total project costs are not to exceed $28,605.02 and will be paid for out of the Water Conservation Division professional services fund. Attachments: LGC First Amendment_Statistically Valid Survey.pdf Exhibit B_LGC First Amendment_Statistically Valid Survey.pdf Report compiled on: November 5, 2026 310 First Amendment to Professional Services Agreement for FY2026-27 Comprehensive Governance Annual Support Package Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Comprehensive Governance Annual Support Package dated October 20, 2026 (the “Agreement”) is made and entered into this 17 day of November, 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 Montana State University Extension Local Government Center, 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. Purpose. Section 1 of the Agreement is amended to include work outlined in Exhibit B: Scope of Work – Integrated Water Resources Plan Update Statistically Valid Survey, hereby attached to this First Amendment. 2. Scope of Services. Section 3 of the Agreement is amended to include work outlined in Exhibit B: Scope of Work – Integrated Water Resources Plan Update Statistically Valid Survey, hereby attached to this First Amendment. 3. Payment. Section 4 of the Agreement is amended to include reference to Exhibit B. 4. Agreement still valid. All remaining terms and provisions of the Agreement remain in effect. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 311 First Amendment to Professional Services Agreement for FY2026-27 Comprehensive Governance Annual Support Package Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA MSU LOCAL GOVERNMENT CENTER By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 312 1 EXHIBIT B Integrated Water Resources Plan Update Statistically Valid Survey Project description: The clients are seeking assistance with distribution of a survey to the general adult population of the City of Bozeman and surrounding water usage area. The estimate is for the distribution of a single survey packet by mail with an option for respondents to complete the survey via an online Qualtrics survey rather than returning the paper survey by mail. Social Data could over sample for renters to boost the response rates from this population if desired by the clients. Basic description of services: The major tasks for Social Data would consist of: (1) project management; (2) assisting with questionnaire development; (3) assisting with formatting of survey for mark recognition software data entry; (4) printing and distribution of mail survey; (5) monitoring entry of online survey responses; (6) merging data from both modes; (7) survey weighting of results to general population of the surveyed area; (8) summarizing results; (9) statistical analysis of survey data; and (10) writing a report on methods and results. The project aims for 648 responses, using a 10% response rate with 7,200 packets mailed and a 10% undeliverable rate. City of Bozeman - Water Supply Alternatives 2027 Survey Estimated Costs Planning, Coordination, & Consulting Address selection and preparation Professional staff time (2 hours @ $95/hour): $190.00 Additional project planning time Professional staff time (10 hours @ $95/hour): $950.00 Assistance with IRB materials and submission Professional staff time (3 hours @ $95/hour): $285.00 Web Survey Additional material development Professional staff time (2 hours @ $95/hour): $190.00 Inputting, formatting, and testing Professional staff time (3 hours @ $95/hour): $285.00 Staff time (8 hours @ $26/hour): $208.00 Paper Survey Assistance with questionnaire development Professional staff time (8 hours @ $95/hour): $760.00 Assistance with formatting and revisions Professional staff time (8 hours @ $95/hour): $760.00 Coordination with printing vendor Professional staff time (2 hours @ $95/hour): $190.00 Envelope folding and stuffing Staff time (65 hours @ $26/hour): $1,690.00 313 2 Mail coordination and supervision Professional staff time (1 hour @ $95/hour): $95.00 Scanner set up Professional staff time (1 hour @ $95/hour): $95.00 Staff time (5 hours @ $26/hour): $130.00 Additional Data Costs Ongoing tracking of responses Professional staff time (3 hours @ $95/hour): $285.00 Responses to research participant questions Professional staff time (1 hour @ $95/hour): $95.00 Data entry Staff time (20 hours @ $26/hour): $520.00 Final data integration & cleaning Professional staff time (2 hours @ $95/hour): $190.00 Data documentation Professional staff time (3 hours @ $95/hour): $285.00 Statistical data summaries and weighting Professional staff time (5 hours @ $95/hour): $475.00 Survey Administration Labor Subtotal: $7,678.00 Statistical Analysis Data cleaning and preparation Professional analysis time (5 hours @ $95/hour): $475.00 Meetings and planning Professional analysis time (5 hours @ $95/hour): $475.00 Statistical modeling Professional analysis time (5 hours @ $95/hour): $475.00 Analysis documentation Professional analysis time (5 hours @ $95/hour): $475.00 Statistical Analysis Labor Subtotal: $1,900.00 Report Writing Report writing & editing Professional analysis time (30 hours @ $95/hour): $2,850.00 Report Writing Labor Subtotal: $2,850.00 Materials & Services Address list $229.00 Address cleaning $96.22 Printing exterior envelopes (7,200): $2146.50 Printing letters and surveys (7,200 w/4-page questionnaire): $5,477.64 Printing business reply envelopes (7,200): $1,389.66 Postage for survey packets (7,200): $6,106.00 Business reply fees for survey packets (648): $632.00 Survey scanner and software use: $100.00 Materials Subtotal: $16,177.02 TOTAL $28,605.02 314 3 Project Notes: This is an approximate estimate based on anticipation of service requirements per the information provided by the investigator(s). Fees are subject to change (increase or decrease) based on actual costs for certain items, actual time requirements, and adjustments to work parameters. The estimate assumes that Social Data Collection and Analysis Services will handle any documentation necessary for work with human subjects. Facility Description: Social Data Collection and Analysis Services (Social Data) is a fee-for-service facility at Montana State University Bozeman that enables the collection of high-quality data for researchers employing a variety of social and behavioral methods. Social Data, previously the HELPS Lab, has been successfully providing research services since 2015. Social Data is open to the broader community of researchers, with an emphasis on providing tools necessary for researchers to study interactions between human systems and other complex phenomena like public health and ecosystems. Social Data assists with research design, research instrument development, and sampling. Social Design further facilitates the collection of high-quality data via mail, web, and hybrid surveys. Finally, Social Data provides services in data processing and cleaning, as well as in data analysis, documentation, and presentation. 315 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Water Resources Engineer Shawn Khotz, Director of Utilities SUBJECT:Authorize the City Manager to Sign an Amendment 9 to the Professional Services Agreement with HDR Engineering Inc for the Bozeman Water Reclamation Facility (WRF) Effluent Irrigation Reuse Project Specifically for Landscaping on the WRF Site MEETING DATE:November 17, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign an Amendment 9 to the Professional Services Agreement with HDR Engineering Inc for the Bozeman Water Reclamation Facility (WRF) Effluent Irrigation Reuse Project Specifically for Landscaping on the WRF Site STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:HDR Engineering provides professional engineering services on an on-call basis for the Bozeman Water Reclamation Facility (WRF) under a Master Task Order Agreement entered into on March 22, 2022. Attached is Task Order 9 (TO 9), providing engineering services to assist the City with predesign evaluation of using non-potable water for irrigation water at the Water Reclamation Facility. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Task Order 9 is funded by the wastewater enterprise fund within the FY27 WW69 Small Works Projects. TO 9 has a negotiated fee completed on a time and materials basis not to exceed $20,000. Sufficient budget is available. Attachments: Bozeman WRF Task Order 09.pdf Report compiled on: November 4, 2026 316 WRF Task Order No. 6 1 Exhibit A to Professional Services Agreement TASK ORDER NUMBER 09 Issued under the authority of Professional Services Agreement between the City of Bozeman and HDR Engineering, Inc. for: A range of professional and technical services related to operations and maintenance of the City of Bozeman Water Reclamation Facility and the East Gallatin River. This Task Order is dated , 2026, between City of Bozeman (City) and HDR Engineering, Inc. (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Brian Heaston Contractor: Coralynn Revis SCOPE OF WORK: (attach additional sheet(s) as required) 1. Predesign evaluation of the non-potable water and irrigation water used at the Water Reclamation Facility to define treatment, pumping, and conveyance requirements. See Attachment A. COMPENSATION: The anticipated cost for services for the above Task items, to be completed on a Time and Materials Basis not to exceed $20,000.00 without prior authorization. Contractor shall be reimbursed on a Time and Materials basis not to exceed the budget amounts presented, without prior written authorization from the City of Bozeman. Contractor shall notify the City of Bozeman prior to executing additional work, and shall not proceed with additional work without written authorization from the City of Bozeman. Contractor shall invoice no more often than monthly for services provided in the prior month. The provisions of the Professional Services Master Task Order Agreement and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman HDR Engineering, Inc. By: By: Title: Title: Vice President Date: Date: Fed. ID. No. 47-0680568 317 1 Attachment A – Scope of Services BACKGROUND HDR will complete a predesign evaluation of the non-potable water (NPW) and irrigation water used at the Water Reclamation Facility (WRF) to define treatment, pumping, and conveyance requirements. SCOPE OF SERVICES The scope of services is identified in the following tasks and will commence upon written Notice to Proceed (NTP). Tasks Description 100 Project Management 200 Irrigation Water Needs and Reclaimed Water Classification 300 Filtration Alternatives Evaluation 400 Pumping and Conveyance Needs Assessment Task 100. Project Management 101. Project Initiation Workshop Conduct a workshop between the City and HDR to discuss scope, project schedule, deliverables, and initial data requests. An agenda will be prepared and distributed to the anticipated attendees. Prepare and distribute notes to attendees after the workshop. 102. Progress Monitoring, Reports, and Invoices Track project financial progress monthly. Coordinate scope, schedule, and budget with the project team and review the technical content of work products. Task 100 Assumptions The fee for this task is based upon the following assumptions: • City will participate in a project initiation workshop, conference calls, and meetings (workshop and meetings via Teams). • Invoice will follow HDR standard format. Task 100 Deliverables Deliverable work products consist of the following: • Meeting agendas transmitted to City via e-mail in .pdf format prior to project initiation workshop and meetings. 318 2 Task 200. Irrigation Water Needs and Reclaimed Water Classification Objective and Approach Estimate irrigation water needs based on the intended application areas and seasonal demand. Define the applications suited to Class A-1 versus Class B-1 reclaimed water. Both classes will be filtered; however, Class B-1 water would have a total nitrogen (TN) concentration greater than 5 mg/L and would need to be applied at an agronomic rate. HDR will calculate agronomic application rates for the Class B-1 areas based on nitrogen loading and vegetation uptake to confirm allowable irrigation volumes. Task 200 Assumptions The fee for this task is based upon the following assumptions: • The City will provide irrigation areas, vegetation types, and historical irrigation water use to support the irrigation needs and agronomic rate calculations. Task 200 Deliverables Deliverable work products consist of the following: • Technical memorandum summarizing the irrigation water needs, Class A-1 and Class B-1 applications, and agronomic rate calculations. Task 300. Filtration Alternatives Evaluation Objective and Approach Evaluate whether filtration will be provided for both the NPW and irrigation water or for the irrigation water only. The evaluation will consider the water quality required for each end use, filtration capacity, and impacts to downstream pumping and conveyance. The evaluation will be discussed with the City to determine the preferred design approach to carry into final design. It is anticipated that two different options will be evaluated. 1. Filter both the NPW and irrigation water. 2. Filter the irrigation water only, with NPW remaining unfiltered. These two alternatives will be presented to include a comparison with capital and O&M cost estimates. Task 300 Assumptions The fee for this task is based upon the following assumptions: • Existing plant flow for NPW and irrigation water and water quality data will be used to inform filtration sizing. 319 3 Task 300 Deliverables Deliverable work products consist of the following: • Technical memorandum summarizing the filtration alternatives. • Preliminary layouts and cost estimates for the filtration alternatives. Task 400. Pumping and Conveyance Needs Assessment Objective and Approach Estimate project and design needs for NPW and irrigation water pumping and conveyance. The evaluation will be discussed with the City to determine the preferred design approach to carry into final design and will consider the following: • Pump station location, either adjacent to the UV disinfection system or at an alternate location. • Extent of filtration, with all or only a portion of the pumped flow filtered. • A combined NPW and irrigation pump station versus two separate pump stations. These alternatives will be presented to include preliminary layouts and a comparison with capital and O&M cost estimates. Task 400 Assumptions The fee for this task is based upon the following assumptions: • Existing plant flow for NPW and irrigation will be used to inform pump station sizing. Task 400 Deliverables Deliverable work products consist of the following: • Preliminary layouts and cost estimates for the pump station alternatives. General Project Assumption Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer’s experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s’) methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. 320 MONTANA AREA 2026 HOURLY RATE SCHEDULE BILLING CLASSIFICATION RATE RANGES Principal/ Sr. Technical Advisor $ 250.00 - $ 400.00 Sr. Engineer/ Sr. Project Manager $ 250.00 - $ 400.00 Project Manager $ 180.00 - $ 350.00 Project Engineer $ 150.00 - $ 250.00 Design Engineer/EIT $ 100.00 - $ 200.00 CADD/GIS/Technician $ 100.00 - $ 200.00 Controls/Integration $ 100.00 - $ 300.00 Project Admin and Support $ 85.00 - $ 200.00 Environmental Specialist $ 100.00 - $ 250.00 Strategic Comm/Graphics $ 100.00 - $ 250.00 Construction Management/Inspection $ 100.00 - $ 300.00 Economics/Project Controls $ 100.00 - $ 300.00 Right-of-Way Specialist $ 100.00 - $ 250.00 2026 CHARGEABLE EXPENSE SCHEDULE Direct project expenses will be charged at the rates listed below unless a separate rate is negotiated for a specific project. SUBSISTENCE (PER DIEM) Subsistence such as meals and lodging while out on a project will be charged at actual cost or at the per diem rate negotiated for a specific project. TRAVEL Travel expenses will be charged at the following rates unless a separate rate is negotiated for a specific $Vehicles 0.92 /mile Rental Vehicles & Aircraft $ Actual Cost /mile 321 2026 CHARGEABLE EXPENSE SCHEDULE (continued) TELEPHONE/FAX/POSTAGE Long distance calls, telegrams, fax, cellular phone, and any special class postage will be charged at SPECIAL EQUIPMENT CHARGES GPS - Handheld $ 20 /hr. Survey Equipment $ 50 /hr. UTV Other equipment to be determined as necessary $ 350 /day SURVEYING SUPPLIES (Includes: Flagging, Stakes, Etc.) $ 50 /mile SUBCONSULTANTS Subconsultants and expenses may be subject to markup OVERHEAD Overhead costs, such as rent, insurance, utilities, office furniture, employee benefits, and taxes are included in the hourly billing rates. 322 Memorandum REPORT TO:City Commission FROM:Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution of Intent to Modify a Special Improvement Lighting District #460 for N 7th Avenue MEETING DATE:November 17, 2026 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve the Resolution of Intent to Modify a Special Improvement Lighting District #460 for N 7th Avenue. 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 is the third modification to the N. 7th Avenue Lighting District, covering Oak Street to Mendenhall Street. Each modification involved replacing existing 200W HPS fixtures with new 135W LED fixtures and poles. This third modification included the removal of 12 existing fixtures and poles and their replacement with 28 new LED luminaires and poles between West Peach Street and Mendenhall Street to complete the final modification for this district. 7-12-4351.  Major modification of existing lighting district. (1) The council of any city or town is authorized to: (a) modify an existing special improvement lighting district by changing the number and spacing of lights, replacing overhead transmission lines with underground lines, increasing or decreasing the level of illumination, or making other major modifications required by the public interest and convenience; (b) require that all or any part of the cost of the modification be paid by the owners of the property within the district; and (c) assess and collect all or any part of the cost of the modification by special assessment against the property within the district. (2) Before modifying an existing lighting district, the city council shall adopt a resolution of intention to do so, either by motion of the council or upon presentation of a petition signed by the owners or agents of at least 10% of the property within the district. (3) The provisions in 7-12-4302 through 7-12-4305 for the content of the 323 resolution, public notice, protest, and consideration of protest that apply to the creation of a special improvement lighting district also apply to the modification of an existing special improvement lighting district authorized by this section. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of modifying this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $.37 cents per lineal foot annually for the modified District, or approximately $74.34 per parcel. Attachments: Resolution of Intent to Modify SILD 460-N 7th Ave-updated for phase 3.docx Exhibit A.pdf Exhibit B.pdf Report compiled on: November 4, 2026 324 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT 460 (N. 7TH AVENUE) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY THE DISTRICT FOR ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Intention to Modify District 460; Proposed Improvements. It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve the N. 7th Avenue between a point 140 feet north of Main Street to the northern edge of the Oak Street right-of-way, adjacent streets east and west of N. 7th Avenue for a distance of 115 feet either side of N. 7th Avenue (the “District”) for the purpose of paying energy and maintenance costs. The City will maintain and pay energy costs for the modified and unmodified portions of the District. The modified portion of the district is being expanded to include areas from W Lamme St. intersection to 140 feet north of Main Street. The modified portion of the District in combination with previous modifications to the district, include 69 fixtures (the “Fixtures”), of which will be Phillips Domus Series, 135W LED at 25 feet at the locations shown on Exhibit A (the “Improvements”). The unmodified portion of the District includes (4) - 200W HPS cobra head mounted on 30 feet high steel poles with power fed by a single overhead wire. It is estimated that energy costs for the 135-watt fixtures will be $2.75 per fixture per month. All luminaires are served from one of the 10 meters along 325 the N. 7th corridor. The unmodified portion is charged a monthly charge for energy and maintenance of the lights ((4) - 200W HPS cobra head) and is estimated at $36.20 per fixture per month. This totals $334.55 per month, or $4,014.60 per year. Section 2 Number of District. The District, if the same shall be modified and established, shall continue to be known and designated as Special Improvement Lighting District 460 (N. 7th Avenue) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof). A listing of each of the property owners in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the maintenance and energy and will be assessed for the energy costs and a portion of the maintenance as described in Section 1. The maintenance and energy, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the maintenance and energy provided. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the lineal feet of frontage 326 method of assessment described in Sections 7-12-4324, M.C.A., as particularly applied and set forth in this Section 5. The annual energy costs are estimated at $4,014.60 per year for the modified District. These costs shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the lineal frontage of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of frontage in the District, exclusive of streets, avenues and alleys. The total lineal frontage of the District to be assessed is 10,812 feet. The initial maintenance and energy costs of the Improvements shall be $0.37131 per lineal foot annually for the modified District. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs is estimated at $4,014.60, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission 327 shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the maintenance and energy costs may make and file with the Clerk of the Commission until 5:00 p.m., M.T., on the expiration date of said 15-day period (December 7, 2026) written protest against the proposed Improvements, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on Dec 8, 2026, at 6:00 p.m., in the City Commission Room of City Hall, 121 N. Rouse Avenue, Bozeman, Montana. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on November 21st, 2026 and November 28th, 2026, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. 328 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 17th day of November, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 329 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, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT 460 DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on November 17, 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 Commissioners voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 17th day of November 2026. ___________________________________ Mike Maas City Clerk 330 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT 460 (NORTH 7TH AVENUE) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on November 17, 2026, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention to modify Special Improvement Lighting District 460 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to North 7th Avenue. A complete copy of the Resolution of Intention (the “Resolution”) is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the lineal feet of frontage method of assessment described in Sections 7-12-4324, M.C.A., as particularly applied and set forth in this Section 5. The annual energy costs are estimated at $4,014.60 per year for the modified District. These costs shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the lineal frontage of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of frontage in the District, exclusive of streets, avenues and alleys. The total lineal frontage of the District to be assessed is 10,812 feet. The initial maintenance and energy costs of the Improvements shall be $0.37131 per lineal foot annually for the modified District. On Tuesday, November 17, 2026, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to hear and pass upon all written protests against the modification of the District, or the Improvements. 331 Written protests against the modification of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on December 7, 2026. Further information regarding the proposed modification of this District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. DATED this 20th day of November 2026. Mike Maas City Clerk City of Bozeman Legal Ad Publication Dates: Saturday, November 21, 2026 Saturday, November 28, 2026 332 RESOLUTION Resolution of Intention to modify SILD 460 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to North 7th Avenue and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Mike Maas, City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regard to the owners in Special Improvement Lighting District 460 as listed in Exhibit "B", on Friday, November 20, 2026, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Mike Maas City Clerk Subscribed and sworn before me this 20th day of November 2026. (Notarial Seal) _______________________________ Printed Name____________________ Notary Public for the State of Montana 333 Residing at: see seal My Commission expires: see seal 334 A SPECIAL IMPROVEMENT LIGHTING DISTRICT TO SERVE THE N. 7th AVENUE BETWEEN A POINT 140 FEET NORTH OF MAIN STREET TO THENORTHERN EDGE OF THE OAK STREET RIGHT-OF-WAY, ADJACENT STREETS EAST AND WEST OF N. 7TH AVENUE FOR A DISTANCE OF 115 FEETEITHER SIDE OF N. 7TH AVENUE.EXHIBIT AW. OAK STW. HEMLOCK STW. TAMARACK STW. ASPEN STDURSTON RDW. PEACH STW. VILLARD STW. BEALL STW. LAMME STW. MENDENHALL STW. MAIN STN. 7th AVENUELEGEND:EXIST. E2 135 W LED FIXTURE ON 25' POLENEW E2 135 W LED FIXTURE ON 25' POLEEXIST. 200W HPS FIXTURE ON 30' POLEEXIST. E1 215 W LED FIXTURE ON SIGNAL(NOTPART OF SILD 460 - ON MDOT METER)PARCEL LINES IMPORTED AND SCALED(BEST FIT) FROM MONTANA STATECADASTRAL GIS DATA.W. BIRCH STW. JUNIPER STW. SHORT STMODIFIED PORTION OF SILDE2 LUMINAIRES (LED) = 28EAUNMODIFIED PORTION OF SILDCOBRA HEAD LUMINAIRES (HPS) = 4EA©PROJECT NO.FIGURE NUMBERCOPYRIGHT MORRISON-MAIERLE,2025N:\0417\099-N7th Midtown SILD\ACAD\Exhibits\SILD PHASE 3 Exhibit.dwg Plotted by cooper krause on Jul/18/2025DRAWN BY:DSGN. BY:APPR. BY:DATE:engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.net0417.099.010EX ANORTH 7th AVENUELIGHTING IMPROVEMENTSSILD 460 - MODIFICATIONBOZEMANMONTANAKJSCPKCPK7/18/20253006000SCALE IN FEETPREVIOUSLY MODIFIEDPORTION OF SILDE2 LUMINAIRES (LED) = 41EA335 Account #Property Address Modified Portion 23450 602 N 7th Ave Kimmet Properties LLC 2501 St Johns Ave Billings MT 59102 22380 605 N 7th Ave Life Style Solutions Real Estate LLC 605 N 7th ave ste 101 Bozeman MT 59715 22390 615 N 7th Ave Dave Tirrell & Erik Maurer 615 N 7th Ave Bozeman MT 59715 70240 620 N 7th Ave Lifetime Adventures LLC 620 N 7th Ave Bozeman MT 59715 22400 625 N 7th Ave Haley Enterprises LLC PO Box 3445 Bozeman MT 59772 22420 721 N 7th Ave Haley Enterprises LLC PO Box 3445 Bozeman MT 59772 22410 705 N 7th Ave G & C Land LLC 4320 McIlhattan Rd Bozeman MT 59715 23440 706 N 7th Ave Midtown Aspen LLC 424 E Main St Ste 202B Bozeman MT 59715 138440 654 N 7th Ave Midtown 654 LLC 424 E Main St Ste 202B Ennis MT 59729 410 810 N 7th Ave Bridgestone Retail Operations LLC 200 4th Ave S Nashville TN 37201 25480 912 N 7th Ave Universal Athletic Svcs, Inc 912 N 7th Ave Bozeman MT 59715 22840 923 N 7th Ave DMC Properties LLC PO Box 1407 Bozeman MT 59771 22820 815 1/2 N 7th Ave Amerco Real Estate Co PO Box 29046 Phoenix AZ 85038 22810 815 N 7th Ave Amerco Real Estate Co PO Box 29046 Phoenix AZ 85038 23380 1008 N 7th Ave Summit Holdings LLC 1010 Boylan Rd Bozeman MT 59715 22850 1001 N 7th Ave Darigold Inc PO Box 80627 Seattle WA 98108 218310 1010 N 7th Ave Heinz K. Boeckmann 920 Hufford Pl Port Townsend WA 98368 25450 1012 N 7th Ave Heinz K. Boeckmann 920 Hufford Pl Port Townsend WA 98368 133110 N 7th Ave City of Bozeman PO Box 1230 Bozeman MT 59771 25420 1022 N 7th Ave Cecil Jack Sievert 521 W Hulbert Rd Bozeman MT 59718 23190 1108 N 7th Ave Bozeman Apple Inc 2038 Overland Ave Billings MT 59102228701119 N 7th Ave Fanuzzi, Christopher 148 Gawain Way Bozeman MT 59718 23180 1126 N 7th Ave DK Martinen LLC 401 Sunnyslope Rd Yakima WA 98908 146490 1126 N 7th Ave DK Martinen LLC 401 Sunnyslope Rd Yakima WA 98908 66680 1230 N 7th Ave DK Martinen LLC 401 Sunnyslope Rd Yakima WA 98908 23080 1235 N 7th Ave Bozeman Hotel LLC 1235 N 7th Ave Unit 2 Bozeman MT 59715 141150 1235 N 7th Ave Summit Holdings LLC 1010 Boylan Rd Bozeman MT 59715 88980 620 W Lamme St The Prine Building LLC 5814 S 25th St Phoenix AZ 85040 22220 621 W Mendenhall St Eckroth Plaza Montana LLC 1655 N Grandview Ln, Ste 102 Bismarck ND 58503 22200 622 W Mendenhall St Bozeman Exchange Associates LLC 17 Lockwood Dr Ste 400 Charleston SC 29401 28290 703 W Mendenhall St Missouri Heights LLC 4600 Sourdough Rd Bozeman MT 59715 28330 23 N 7th Ave William M & Jeannine Albee 8065 Cottonwood Rd Bozeman MT 59718 141180 109 N 7th Ave Bozeman Ice Cream LLC 310 W Madison Ave Belgrade MT 59714 28250 119 N 7th Ave Enterprise Investments LLC PO Box 2310 Red Lodge MT 59069 28210 203 N 7th Ave Happy Investments LLC PO Box 727 Sheridan WY 82801 94090 210 N 7th Ave Weinstein Revocable Trust/Reed Living Trust 12 Perkins Dr Prescott AZ 86301 400 215 N 7th Ave Restaurant Properties Mgmt LLC 90 W Madison Ave #E373 Belgrade MT 59714 22280 302 N 7th Ave 302 N 7th Ave LLC PO Box 1649 Ennis MT 59729 22100 303 N 7th Ave Best Taco Bozeman RE LLC 8540 E 39th St Kearney NE 68847 22260 310 N 7th Ave 302 N 7th Ave LLC PO Box 1649 Ennis MT 59729 22090 311 N 7th Ave Vertex Holdings 402 E Main St, Ste 3 Bozeman MT 59715 22080 319 N 7th Ave Vertex Holdings 402 E Main St, Ste 3 Bozeman MT 59715 22050 403 N 7th Ave Sapphire Night Sky LLC 76-6296 Leone St Kailua Kona HI 96740 22040 411 N 7th Ave Sapphire Night Sky LLC 76-6296 Leone St Kailua Kona HI 96740 22300 404 N 7th Ave Thomas & Judith Deibele 447 Boca Raton Rd Billings MT 59105 22310 416 N 7th Ave AEQUUM LLC 120 Hitching Post Rd Bozeman MT 5971522320420 N 7th Ave Monte L Cooper 803 S Church Ave Bozeman MT 59715 21940 425 N 7th Ave Midtown 425 LLC 424 E Main St, Ste 202B Bozeman MT 59715 22330 426 N 7th Ave L & D Properties LLC 426 N 7th Ave Bozeman MT 59715 22340 428 N 7th Ave 428 N 7th LLC 428 N 7th Ave Bozeman MT 59715 22350 438 N 7th Ave Witzel Miller Enterprises LLC 438 N 7th Ave Bozeman MT 59715 22030 431 N 7th Ave Midtown 425 LLC 424 E Main St, Ste 202B Bozeman MT 59715 22370 510 N 7th Ave RSVP Motel LLC 10847 US Highway 287 Three Forks MT 59752 85990 511 N 7th Ave Midtown 511 LLC 424 E Main St, Ste 202B Bozeman MT 59715 Mailing Address Modification of SILD #460 EXHIBIT B North 7th Avenue 336 Memorandum REPORT TO:City Commission FROM:Joseph Swanson, Deputy Chief of Police SUBJECT:Kennel License Appeal: Katherine Miller, 3309 Fieldstone Drive West, Bozeman, Montana 59715 MEETING DATE:November 17, 2026 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:To be Determined Following the Appeal Hearing. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: Pursuant to the Bozeman Municipal Code Section 8.02.050 anyone living in the city and having more than two cats or more than two dogs (over 6 months of age) must obtain a kennel license from the City. To approve a kennel license the Chief of Police (delegating authority to the Animal Control division) must find the following: that all animals listed on the kennel license application possess current city pet licenses; that the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, fences and enclosures are adequate to properly relate such use with the land and uses in the vicinity; that the proposed use will have no adverse effect on abutting properties or residents within the affected area; and that any conditions stated in the approval are deemed necessary and shall apply and be followed by the applicant and the property owner as a condition of approval. Notice of a kennel application is required to be provided to all owners of real property within 200 feet of the site of the proposed kennel within 15 days of the application being submitted and prior to the final application being approved. In February 2026, Katherine Miller submitted a kennel license application for 3309 Fieldstone Drive West. Over the following months concerns arose about the number of dogs at the property and ultimately the kennel license was revoked. During the months of August and September of 2026, the Bozeman Police Department reviewed a new kennel license application from Ms. Miller that requested a kennel license for nine (9) dogs. On August 30, 2026, an Animal Control Officer inspected Ms. Miller’s property and found nine (9) Husky type dogs, the animals appearing to be healthy, and all having 337 secure kennel space inside the residence. An inspection of the fenced yard found it to be clean and free of offensive odor(s). Affected properties were noticed pursuant to code and the City received comments from neighbors noting concerns related to sanitation, odor, and noise. In making the determination of whether to issue a kennel license and if so, for how many dogs, the Deputy Chief of Police considered the information contained in the kennel license application, reviewed the information gathered by the animal control officers, read and considered the comments in and input of affected properties, and considered the location, and size, of the property. Analyzing these factors, a kennel license was approved on October 1, 2026, for a total of 5 (five) dogs at 3309 Fieldstone Drive West. The City approved the license for the remainder of this year (2026) and to be valid through December 31, 2027, on the condition Ms. Miller remained in continued compliance with all kennel licensing regulations. Recognizing Ms. Miller would need time to bring her property into compliance with the kennel license requirements, the City provided her with 15 business days from October 1, 2026, to come into compliance with the approved number of dogs and all applicable conditions. On October 23, 2026, Ms. Miller informed the City of her desire to appeal the decision to limit the number of dogs to five (5). On October 27, 2026, an Animal Control Officer conducted a scheduled inspection at Ms. Miller’s property and found the same nine (9) Husky type dogs being housed at the property. To date, to the best of the City’s knowledge, Ms. Miller continues to have 9 (nine) dogs on the property. By code, the City Commission hears all kennel license appeals. The decision before the City Commission is whether to uphold the City’s approval of the kennel license for five (5) dogs, modify or reverse the findings of the City. UNRESOLVED ISSUES:To be determined following the appeal hearing. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None apart from staff time. 338 Report compiled on: October 29, 2026 339 Memorandum REPORT TO:City Commission FROM:Chuck Winn, City Manager Greg Sullivan, City Attorney Jamie Grabinski, Procurement Coordinator SUBJECT:Authorize the City Manager to Sign and Accept the 2025 Montana Department of Emergency Services (MTDES) HazMat Sustainment Grant Award and the 2025 Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Award MEETING DATE:November 17, 2026 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Sign and Accept the 2025 Montana Department of Emergency Services (MTDES) HazMat Sustainment Grant Award and the 2025 Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Award STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:This item brings together two grant agreements related to public safety. Bozeman Fire Department has been awarded the fiscal year 2025 Montana Department of Emergency Services (MTDES) HazMat Sustainment grant. The grant is a federal Department of Homeland Security (DHS) grant program that is administered by MTDES. The grant provides funds for maintaining training and equipment for the hazardous materials technician team response efforts. City Commission approved the grant application in March 2025 and the awards are just now being implemented. This is a bi-annual grant application and award for the continuance of the HazMat Task Force. This grant is essential for operating the City of Bozeman Fire Department HazMat Team. With these funds, we perform fire equipment calibrations, testing, repairs, and maintenance to remain primed for rapid response. Lastly, BFD is one of six (6) Regional Hazardous Materials Teams in partnership with Billings, Missoula, Kalispell, Helena, and Great Falls. The second grant award and agreement is also for Bozeman Fire Department. The BFD received the FEMA Assistance to Firefighters grant award for enhanced firefighter wellness and cancer screenings. In addition to the City of Bozeman's annual wellness screening through the MMIA, through this grant, firefighters can opt-in for specific occupational cancer early- 340 detection screenings and advanced cardiac screenings. This grant will fund 67 early-detection cancer screenings and 34 advanced cardiac screenings. Contributed by City Attorney Greg Sullivan: I was asked to evaluate the MTDES HazMat grant agreement and the agreement for the FEMA assistance to firefighter grants. I provide the following and will be available during the meeting on November 17th to answer questions. Over the past two years, numerous Presidential executive orders (EOs) have been issued which require federal agencies to adjust their procedures related to Congressionally authorized grant programs. These EOs have resulted in federal agencies modifying their programs, including modifying the Notice of Opportunity of Funding (NOFO) (a federal agency’s grant notice) and the grant agreements which must be signed by a grantee before a grantee will be provided the grant funds. Many of these requirements federal agencies are placing upon grant awards are the subject of litigation throughout the country. A discussion of the diversity and specifics of this litigation is beyond the scope of this memorandum; however, I reviewed litigation that is directly applicable to the MTDES HazMat grant and the FEMA Assistance to Firefighters grant (AFG). I believe several of the provisions included in these agreements cannot be enforced or if enforcement was attempted, such enforcement would most likely be held to be unlawful. The MTDES Haz Mat grant has several conditions that I directly reviewed. The AFG grant has similar provisions. The HazMat agreement includes Articles,11, 19, 33, 60, and 68. I consider these conditions to fall into three categories: (i) immigration cooperation; (ii) anti-discrimination; and (iii) compliance with executive orders. States and local governments have brought litigation targeting the specific provisions included in the HazMat and AFG grant agreements. First, a consortium of states led by Illinois, obtained a decision from a federal court enjoining DHS from requiring grantees accept these grant requirements as a condition of receiving funding. See Illinois v. Federal Emergency Management Agency, 801 F. Supp.3d 76 (U.S. District Court, District of Rhode Island) (9/24/2025). The Court enjoined DHS from requiring the 341 conditions as to the plaintiffs. In addition, the Court determined the imposition of the conditions violated the Administrative Procedures Act, a holding that more likely that not limits the enforceability of the conditions to the City of Bozeman. As for the AFG grant, a consortium of local governments who rely on the AFG program for wildfire preparedness, filed suit against FEMA challenging the imposition of conditions for the AFG program similar to those challenged in the Illinois case. See County of Santa Clara et. al. v. Noem , 815 F.Supp.3d 979 (United States District Court, N.D. California) (11/21/2025). Among other holdings, the U.S. District Court issued an injunction applicable to the parties to the litigation. Importantly, the Court also ruled that the Court’s order, “shall apply to the maximum extent provided by [] 5 U.S.C. §§ 705 and 706.” This is a reference to the Administrative Procedure Act and is similar to the holding in the Illinois case. Please note the Santa Clara case is currently being appealed by the federal government to the Ninth Circuit Court of Appeals. Based on the above, and the holding in both cases that the conditions are in violation of the Administrative Procedures Act, I believe the conditions in both the MTDES and AFG grant agreements are most likely unenforceable. If a State or Federal agency attempts to enforce the conditions against the City, I believe there is a reasonable likelihood the City would prevail in seeking an injunction against enforcement. By providing the above, I cannot issue a definitive opinion on enforceability as the City is not a party to either of the above-mentioned cases. Nevertheless, given both cases found the imposition of the conditions to be in violation of the APA, I believe the City can accept the awards and sign the agreements knowing strict compliance with the conditions subject to the above discussed litigation to most likely to be unenforceable. As a result, the City need not adjust its practices to comply with Articles 11, 19, 33, 60, and 68 of the HazMat agreement and similar provisions in the AFG agreement. UNRESOLVED ISSUES:None. ALTERNATIVES:As per the Commission. FISCAL EFFECTS:For the Bozeman Fire Department HazMat grant, total expenditures are expected to be $80,000. Expenditures are included in the adopted FY27 biennial budget. For the Bozeman Fire Department Assistance to Firefighters grant, total 342 expenditures are expected to be $85,754.54. Expenditures will be made in the general fund and may require a future budget amendment. Attachments: EMW-2025-FG-04845 - Award Package.pdf Docusign_FY25_SHSP_Award_Letter_-_Bozeman_FD (1).pdf Report compiled on: October 30, 2026 343 Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Effective date: 09/21/2026 Josh Waldo CITY OF BOZEMAN 121 N ROUSE AVE BOZEMAN, MT 59715 EMW-2025-FG-04845 Dear Josh Waldo, Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2025 Assistance to Firefighters Grant (FG) Grant funding opportunity has been approved in the amount of $85,754.54 in Federal funding. As a condition of this award, you are required to contribute non-Federal funds equal to or greater than $8,575.46 for a total approved budget of $94,330.00. Please see the FY 2025 FG Notice of Funding Opportunity for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: Summary Award Memo - included in this document Agreement Articles - included in this document Obligating Document - included in this document 2025 FG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, Cynthia Spishak 344 Acting Associate Administrator Resilience 345 Summary Award Memo Program: Fiscal Year 2025 Assistance to Firefighters Grant Recipient: CITY OF BOZEMAN UEI-EFT: EEAPKALAEM35 Award number: EMW-2025-FG-04845 Summary description of award The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program's purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2025 Assistance to Firefighters Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Amount awarded table The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable): 346 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2025 FG NOFO. Approved request details: Object Class Total Personnel $0.00 Fringe benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $94,330.00 Construction $0.00 Other $0.00 Indirect charges $0.00 Federal $85,754.54 Non-federal $8,575.46 Total $94,330.00 347 Wellness and fitness programs Behavioral Health NFPA 1500 or equivalent DESCRIPTION The Bozeman Fire Department will host a behavioral health and resiliency training course for Bozeman Fire personnel. The course can accommodate up to 25 participants, and throughout two offerings, 50 personnel will receive training and resources. This training will focus on resilience, posttraumatic growth, stigma reduction, peer connection, early stress- injury recognition, and common language for managing occupational stress. The instructor organization will also provide additional resources to the department, to include an annual behavioral health screening tool. QUANTITY UNIT PRICE TOTAL 0 $5,400.00 $0.00 BUDGET CLASS Contractual CHANGE FROM APPLICATION Quantity from 2 to 0 JUSTIFICATION This reduction is due to the relative prioritization of one or more of your items or projects. 348 Cancer Screening Physical DESCRIPTION Occupational cancer early-detection screening for Bozeman Fire personnel. Includes 67 blood-based multi-cancer screening tests for department-wide access, plus 34 criteria- based advanced screening slots for full-body ultrasound, low-dose CT lung screening with coronary calcium scoring, and skin cancer assessment. Advanced screening slots will be prioritized for members age 40 or older, members age 35 or older with 10 or more years of fire service exposure, and members clinically indicated by the occupational health provider. Services include qualified provider review and follow-up pathways for abnormal findings. QUANTITY UNIT PRICE TOTAL 1 $82,430.00 $82,430.00 BUDGET CLASS Contractual Periodic Physical Exam/Health Screening DESCRIPTION Advanced cardiac screening for Bozeman Fire personnel. Includes 34 stress echocardiograms for criteria-based screening of members age 40 or older, members age 35 or older with 10 or more years of fire service exposure, and members clinically indicated by the occupational health provider based on annual physical findings, exposure history, family history, symptoms, hypertension, obesity, sleep apnea, abnormal testing, or other risk factors. This screening is not included in the current annual fit-for-duty physical and is intended to identify structural or functional cardiac concerns earlier than routine screening alone. QUANTITY UNIT PRICE TOTAL 34 $350.00 $11,900.00 BUDGET CLASS Contractual 349 Agreement Articles Program: Fiscal Year 2025 Assistance to Firefighters Grant Recipient: CITY OF BOZEMAN UEI-EFT: EEAPKALAEM35 Award number: EMW-2025-FG-04845 Table of contents 350 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications Article 2 General Acknowledgements and Assurances Article 3 Age Discrimination Act of 1975 Article 4 American Security Drone Act of 2023 Article 5 Americans with Disabilities Act of 1990 Article 6 Civil Rights Act of 1964 – Title VI Article 7 Civil Rights Act of 1968 – Title VIII Article 8 Communication and Cooperation with the Department of Homeland Security and Immigration Officials Article 9 CHIPS and Science Act of 2022 Article 10 Copyright Article 11 Debarment and Suspension Article 12 Drug Free Workplace Act of 1988 Article 13 Duplicative Costs Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article 15 Energy Policy and Conservation Act of 1975 Article 16 Equal Treatment of Faith-Based Organizations Article 17 False Claims Act and Program Fraud Civil Remedies Article 18 Federal Anti-Discrimination Laws Material to the Government’s Payment Decisions Under the False Claims Act Article 19 Federal Debt Status Article 20 Fly America Act Article 21 Hotel and Motel Fire Safety Act of 1990 Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article 23 Lobbying Prohibitions Article 24 National Environmental Policy Act Article 25 National Security Presidential Memorandum-33 (NSPM-33) and Provisions of the Science and CHIPS Act of 2022 351 Article 26 Patents and Intellectual Property Rights Article 27 Procurement of Recovered Materials Article 28 Rehabilitation Act of 1973 Article 29 Reporting Recipient Integrity and Performance Matters Article 30 Reporting Subawards and Executive Compensation Article 31 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Article 32 Subrecipient Monitoring and Management Article 33 System for Award Management and Unique Entity Identifier Requirements Article 34 Termination of a Federal Award Article 35 Trafficking Victims Protection Act of 2000 Article 36 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act of 2001) Article 37 Whistleblower Protection Act Article 38 All Executive Orders Related to Grants Article 39 Executive Order 14332, Improving Oversight of Federal Grantmaking Article 40 Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving Article 41 Executive Order 13224, Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism Article 42 Acknowledgement of Federal Funding from DHS Article 43 Activities Conducted Abroad Article 44 Collection and Use of Personally Identifiable Information Article 45 Non-Supplanting Requirements Article 46 Notice of Funding Opportunity (NOFO) Requirements Article 47 SAFECOM Article 48 Use of DHS Seal, Logo, and Flags Article 49 Environmental Planning and Historic Preservation (EHP) Review Article 50 Applicability of DHS Standard Terms and Conditions to Tribal Nations 352 Article 51 Acceptance of Post Award Changes Article 52 Disposition of Equipment Acquired Under the Federal Award Article 53 Prior Approval for Modification of Approved Budget Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self- Certification Article 55 Award Performance Goals Article 56 Indirect Cost Rate Article 57 Incorporation of Information Bulletin No. 582 353 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances, as instructed. Article 2 General Acknowledgements and Assurances a. Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located in Title 2, Code of Federal Regulations, Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. b. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 200.337. 1) Recipients must cooperate with any DHS compliance reviews or compliance investigations. 2) Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal award and permit access to facilities and personnel. 3) Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4) Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or DHS Component program guidance. Organization costs related to data and evaluation are allowable. The definition of data and evaluation costs is in 2 C.F.R. § 200.455(c), the full text of which is incorporated by reference. Article 3 Age Discrimination Act of 1975 Recipients must comply with the Age Discrimination Act of 1975, Public Law 94-135 (codified as amended at Title 42, U.S. Code § 6101 et seq.), which prohibits recipients from discriminating on the basis of age in any program or activity receiving federal financial assistance. Article 4 American Security Drone Act of 2023 Recipients must comply with the American Security Drone Act of 2023, of the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31 (41 U.S.C. § 3901 note prec.), which prohibits the procurement and operation of covered unmanned aircraft systems manufactured or assembled by covered foreign entities. 354 Article 5 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 6 Civil Rights Act of 1964 – Title VI Recipients must comply with the Civil Rights Act of 1964, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations are in 6 C.F.R. Part 21. The Federal Emergency Management Agency’s (FEMA) implementing regulations are in 44 C.F.R. Part 7. Article 7 Civil Rights Act of 1968 – Title VIII Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. See 24 C.F.R. Part 100, Subpart D. 355 Article 8 Communication and Cooperation with the Department of Homeland Security and Immigration Officials (1) The Department of Homeland Security will analyze whether the conditions in this section will be applied to any grant program in a way that is consistent with the specific statutes that apply to each grant program because the purpose of each grant program has a nexus to immigration activities, law enforcement, or national security, including preventing and responding to acts of terrorism and extremism, and DHS may tailor the conditions in this section to a specific grant program. DHS will clarify in the grant documents whether and how the terms in this section apply to each grant. (2) Where applicable, recipients and subrecipients of funds under an award must agree that they will comply with the following requirements related to coordination and cooperation with DHS and immigration officials: (a) They must comply with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on information sharing by state and local government entities with DHS regarding the citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8 U.S.C. §§ 1373 prohibits any person or agency from prohibiting, or in any way restricting, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual: 1) sending such information to, or requesting or receiving such information from, Federal immigration officials; 2) maintaining such information; or 3) exchanging such information with any other Federal, State, or local government entity; (b) They must comply with other relevant laws related to immigration, including prohibitions on encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv), prohibitions on transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability regarding these statutes; (c) They will honor requests for cooperation with immigration detainers, including requests for information regarding criminal history, expected release date, actual release date, detention location, nationality, residence, and employment; and requests for short-term detention of not more than 48 hours of an alien pursuant to a valid detainer to allow DHS to assume custody. A jurisdiction does not fail to comply with this requirement merely because it lacks the necessary resources to assist in a particular instance. They will not prohibit voluntary cooperation with DHS under 8 U.S.C. § 1357(g). (d) That they will provide access to detainees, such as when an immigration officer seeks to interview a person who might be a removable alien; and (e) That they will not leak or otherwise publicize the existence of an immigration enforcement operation. (3) By accepting the grant award, recipients are certifying that: They do not, and will not during the term of this award, operate any program that benefits illegal immigrants or incentivizes illegal immigration by establishing or maintaining programs providing direct financial support or public benefits to illegal immigrants. (a) Illegal immigrant means any alien, as defined in 8 U.S.C. § 1101(a)(3), who has no lawful immigration status in the United States. (4) The recipient must certify under penalty of perjury pursuant to 28 U.S.C. § 1746 and using a form that is acceptable to DHS, that it will comply with the requirements of this term. Additionally, the recipient agrees that it will 356 require any subrecipients or contractors to certify in the same manner that they will comply with this term prior to providing them with any funding under this award. (5) The recipient agrees that compliance with this term is material to the Government’s decision to make or continue with this award and that the Department of homeland Security may terminate this grant, or take any other allowable enforcement action, if the recipient fails to comply with this term. 357 Article 9 CHIPS and Science Act of 2022 (1) Recipients of DHS research and development (R&D) awards must report to the DHS Component research program office any finding or determination of sex based and sexual harassment and/or an administrative or disciplinary action taken against principal investigators (PI) or co-investigators (Co-PI) to be completed by an authorized organizational representative (AOR) at the recipient institution. (2) Notification. An AOR must disclose the following information to agencies within 10 days of the date that the finding is made, or 10 days from when a recipient imposes an administrative action on the reported individual, whichever is sooner. Reports should include: (a) Award number, (b) Name of PI or Co-PI being reported, (c) Awardee name, (d) Awardee address, (e) AOR name, title, phone, and email address, (f) Indication of the report type: (i) Finding or determination has been made that the reported individual violated awardee policies or codes of conduct, statutes, or regulations related to sexual harassment, sexual assault, or other forms of harassment, including the date that the finding was made. (ii) Imposition of an administrative or disciplinary action by the recipient on the reporting individual related to a finding/determination or an investigation of an alleged violation of recipient policy or codes of conduct, statutes, or regulations, or other forms of harassment. (iii) The date and nature of the administrative/disciplinary action, including a basic explanation or description of the event, which should not disclose personally identifiable information regarding any complaints or individuals involved. Any description provided must be consistent with the Family Educational Rights in Privacy Act. (3) Definitions. (a) An “authorized organizational representative (AOR)” is an administrative official who, on behalf of the proposing institution, is empowered to make certifications and representations and can commit the institution to the conduct of a project that an agency is being asked to support as well as adhere to various agency policies and award requirements. (b) “Principal investigators and co-principal investigators” are award personnel supported by a grant, cooperative agreement, or contract under Federal law. (c) A “reported individual” refers to recipient personnel who have been reported to a federal agency for potential sexual harassment violations. (d) “Sex based harassment” means a form of sex discrimination and includes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. (e) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment, whether such activity is carried out by a supervisor or by a co-worker, volunteer, or contractor. 358 Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty- free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so. Article 11 Debarment and Suspension Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug Free Workplace Act of 1988 Recipients must comply with the Drug-Free Workplace Act of 1988 and drug- free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the government-wide implementation of the Drug-Free Workplace Act of 1988. Article 13 Duplicative Costs Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing requirements of any other federal award in either the current or a prior budget period. However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal award terms and conditions. Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. FEMA’s implementing regulations are in 44 C.F.R. Part 19. 359 Article 15 Energy Policy and Conservation Act of 1975 Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act of 1975. Article 16 Equal Treatment of Faith-Based Organizations Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibits the submission of false or fraudulent claims for payment to the Federal Government and details the administrative remedies for false claims and statements made. Article 18 Federal Anti-Discrimination Laws Material to the Government’s Payment Decisions Under the False Claims Act Recipients must agree that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of 31 U.S.C. § 3729(b)(4) (Definition of “material”). (1) Definitions. As used in this term – (a) DEI means “diversity, equity, and inclusion.” (b) DEIA means “diversity, equity, inclusion, and accessibility.” (c) Discriminatory equity ideology has the meaning set forth in Section 2(b) of Executive Order 14190. (d) Federal anti-discrimination laws mean Federal civil rights law that protect individual Americans from discrimination on the basis of race, color, sex, religion, and national origin. (2) Grant award certification. (a) By accepting the grant award, recipients are certifying that: (i) They do not, and will not during the term of this financial assistance award, operate any programs that advance or promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti-discrimination laws; and (3) DHS reserves the right to suspend payments in whole or in part and/or terminate financial assistance awards if the Secretary of Homeland Security or the Secretary’s designee determines that the recipient has violated any provision of subsection (2). (4) Upon suspension or termination under subsection (3), all funds received by the recipient shall be deemed to be in excess of the amount that the recipient is determined to be entitled to under the Federal award for purposes of 2 C.F.R. § 200.346. As such, all amounts received will constitute a debt to the Federal Government that may be pursued to the maximum extent permitted by law. 360 Article 19 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. Article 20 Fly America Act Recipients must comply with Preference for U.S. Flag Air Carriers (Certificated Air Carriers List | US Department of Transportation) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 21 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990. Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are prohibited from obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Article 23 Lobbying Prohibitions None of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Recipients must file a lobbying certification form found on Grants.gov Lobbying Form as described in Appendix A to 6 C.F.R. Part 9, and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 found on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL). Article 24 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA). 361 Article 25 National Security Presidential Memorandum-33 (NSPM-33) and Provisions of the Science and CHIPS Act of 2022 (1) Recipient research institutions (“covered institutions”) must comply with the requirements in NSPM-33 and provisions of Pub. L.117-167, Section 10254 (codified at 42 U.S.C. § 18951) certifying that the institution has established and operates a research security program that includes elements relating to: (a) cybersecurity; (b) foreign travel security; (c) research security training; and (d) export control training, as appropriate. (2) Definition. “Covered institutions” means recipient research institutions receiving federal Research and Development (R&D) science and engineering support “in excess of $50 million per year.” Article 26 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14. Article 27 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 28 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 29 Reporting Recipient Integrity and Performance Matters If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide federal award term and condition for Recipient Integrity and Performance Matters in 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference. 362 Article 30 Reporting Subawards and Executive Compensation For federal awards that total or exceed $30,000, recipients are required to comply with the government-wide federal award term and condition on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference. 363 Article 31 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials (1) Recipients of a federal award from a financial assistance program that provides funding for infrastructure are hereby notified that none of the funds provided under this federal award may be used for a project for infrastructure unless: (a) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. (2) The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. (3) Waivers. When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. a. When the Federal agency has determined that one of the following exceptions applies, the federal awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: i. applying the domestic content procurement preference would be inconsistent with the public interest; ii. the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or iii. the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25%. b. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. c. There may be instances where a federal award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. (4) Definitions. The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference. 364 Article 32 Subrecipient Monitoring and Management Pass-through entities must comply with the requirements for subrecipient monitoring and management. Article 33 System for Award Management and Unique Entity Identifier Requirements Recipients are required to comply with the requirements set forth in the governmentwide federal award term and condition regarding the System for Award Management and Unique Entity Identifier Requirements in 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference. Article 34 Termination of a Federal Award (1) By DHS. DHS may terminate a federal award, in whole or in part, for the following reasons: (a) If the recipient fails to comply with the terms and conditions of the federal award; (b) With the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated; (c) Pursuant to the terms and conditions of the federal award; or (d) For convenience, pursuant to Executive Order 14332, Improving Oversight of Federal Grantmaking, including when the award no longer advances agency priorities or the national interest, but subject to appropriate exceptions, including agreements entered into in furtherance of international trade agreements or those awarded by the Department of Commerce under title XCIX of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), the CHIPS and Science Act of 2022 (Public Law 117-167), or Division F of the Infrastructure Investment and Jobs Act (Public Law 117-58). (2) By the Recipient. The recipient may terminate the federal award, in whole or in part, by sending written notification to DHS stating the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if DHS determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, DHS may terminate the federal award in its entirety. (3) Notice. Either party will provide written notice of intent to terminate for any reason to the other party no less than 30 calendar days prior to the effective date of the termination. (4) Compliance with Closeout Requirements for Terminated Awards. The recipient must continue to comply with closeout requirements in 2 C.F.R. §§ 200.344- 200.345 after an award is terminated. Article 35 Trafficking Victims Protection Act of 2000 Recipients must comply with the requirements of the government-wide federal award term and condition which implements Trafficking Victims Protection Act of 2000, Pub. L. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The federal award term and condition is in 2 C.F.R. § 175.105, the full text of which is incorporated by reference. 365 Article 36 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act of 2001) Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the USA PATRIOT Act, which amends 18 U.S.C. §§ 175–175c. Article 37 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections in 10 U.S.C § 4701 and 41 U.S.C. § 4712. Article 38 All Executive Orders Related to Grants Presidential Executive Orders. Recipients must comply with the requirements and actions of Presidential executive orders related to grants (also known as federal assistance and financial assistance), including those published after the date of this publication, the full text of which are incorporated by reference. Article 39 Executive Order 14332, Improving Oversight of Federal Grantmaking Draw Down of Funds. Recipients are prohibited from directly drawing down general grant funds for specific projects without the affirmative authorization of DHS. Recipients must provide written payment justification, with specificity, for requests for each drawdown. Article 40 Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving Federal Leadership on Reducing Text Messaging While Driving. Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of Executive Order 13513. Article 41 Executive Order 13224, Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism Terrorist Financing. Recipients must comply with Executive Order 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the Executive Order and laws. 366 Article 42 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds. Article 43 Activities Conducted Abroad Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals. Article 44 Collection and Use of Personally Identifiable Information (1) Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. (2) Definition. DHS defines “PII” as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article 45 Non-Supplanting Requirements Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose. Article 46 Notice of Funding Opportunity (NOFO) Requirements All the instructions, guidance, limitations, scope of work, and other conditions set forth in the NOFO for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the federal award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect. Article 47 SAFECOM Recipients receiving federal awards made under DHS programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA. 367 Article 48 Use of DHS Seal, Logo, and Flags Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. Article 49 Environmental Planning and Historic Preservation (EHP) Review FEMA funded activities that could impact the environment and historic properties are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; Endangered Species Act; National Historic Preservation Act of 1966, as amended; Clean Water Act; Clean Air Act; National Flood Insurance Program regulations; and any other applicable laws, regulations and executive orders (EO). General guidance for FEMA’s EHP process is available on FEMA.gov. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program. Applicants should contact their grant program officer to be put in contact with EHP staff responsible for assisting with their specific grant program. The FEMA EHP review process must be completed before funds are released to carry out the proposed project. Otherwise, FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. FEMA may also need to perform a project closeout review to ensure the applicant complied with all required EHP conditions identified in the initial review. If ground is disturbed during construction, the applicant will monitor the ground disturbance, and if any potential archaeological resources are discovered, the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and FEMA. EO 11988, Floodplain Management, and EO 11990, Protection of Wetlands, require that all federal actions in or affecting the floodplain or wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic, historical, environmental, legal, and safety considerations. FEMA’s regulations at 44 C.F.R. Part 9 implement the EOs and require an eight-step review process if a proposed action is in a floodplain or wetland or has the potential to affect or be affected by a floodplain or wetland. 368 Article 50 Applicability of DHS Standard Terms and Conditions to Tribal Nations The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Tribal Nations, or there is a federal law or regulation exempting its application to Tribal Nations, then the acceptance by Tribal Nations, or acquiescence to DHS Standard Terms and Conditions does not change or alter its inapplicability to a Tribal Nation. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribal Nations where it does not already exist. Article 51 Acceptance of Post Award Changes Should FEMA determine that an error has been made in the award package, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please email FEMA Grant Management Operations at ASK-GMD@fema.dhs.gov for any questions. Article 52 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the non-state recipient or subrecipient (including subrecipients of a state or Tribal Nation), must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313(e). State recipients must follow the disposition requirements in accordance with state laws and procedures noted in 2 C.F.R. § 200.313(b). Tribal Nations must follow the disposition requirements in accordance with tribal laws and procedures noted in 2 C.F.R. § 200.313(b); and if such laws and procedures do not exist, then Tribal Nations must follow the disposition instructions in 2 C.F.R. § 200.313(e). 369 Article 53 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, a written request must be submitted and approved by FEMA as required by 2 C.F.R. § 200.308. For purposes of non-construction projects, FEMA is using its discretion to impose an additional restriction under 2 C.F.R. § 200.308(i) regarding the transfer of funds among direct cost categories, programs, functions, or activities. For awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $350,000) and where the cumulative amount of such transfers exceeds or is expected to exceed 10% of the total budget FEMA last approved, transferring funds among direct cost categories, programs, functions, or activities is unallowable without prior written approval from FEMA. For purposes of awards that support both construction and non-construction work, 2 C.F.R. § 200.308(f)(9) requires the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. Any deviations from a FEMA approved budget must be reported in the first Federal Financial Report (SF-425) that is submitted following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self-Certification In addition to the DHS Standard Terms & Conditions regarding Required Use of American Iron, Steel, Manufactured Products, and Construction Materials, recipients and subrecipients of FEMA financial assistance programs that are subject to BABAA must include a Buy America Preference contract provision as noted in 2 C.F.R. § 184.4 and a contractor self-certification as required by the FEMA Buy America Preference in FEMA Financial Assistance Programs for Infrastructure Policy (FEMA Policy #207-22-0001). This requirement applies to all subawards, contracts, and purchase orders for work performed, or products supplied under the FEMA award subject to BABAA. Article 55 Award Performance Goals FEMA will measure the recipient’s performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO. Article 56 Indirect Cost Rate 2 C.F.R. § 200.211(b)(16) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the approved indirect cost rate associated with the award must be documented in the budget or other award materials approved by FEMA and maintained in the official award file. 370 Article 57 Incorporation of Information Bulletin No. 582 Information Bulletin No. 582 and any successor Information Bulletins are incorporated into the terms of this grant award. 371 Obligating document 1. Agreement No. EMW-2025-FG- 04845 2. Amendment No. N/A 3. Recipient No. 816001238 4. Type of Action AWARD 5. Control No. WX01671N2026T 6. Recipient Name and Address CITY OF BOZEMAN 121 N ROUSE AVE BOZEMAN, MT 59715 7. Issuing FEMA Office and Address Grant Programs Directorate 500 C Street, S.W. Washington DC, 20528-7000 1-866-927-5646 8. Payment Office and Address FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20742 9. Name of Recipient Project Officer Josh Waldo 9a. Phone No. 4065790362 10. Name of FEMA Project Coordinator Assistance to Firefighters Grant Program 10a. Phone No. 1-866-274- 0960 11. Effective Date of This Action 09/21/2026 12. Method of Payment OTHER - FEMA GO 13. Assistance Arrangement COST SHARING 14. Performance Period 09/28/2026 to 09/27/2028 Budget Period 09/28/2026 to 09/27/2028 15. Description of Action a. (Indicate funding data for awards or financial changes) Program Name Abbreviation Assistance Listing No. Accounting Data (ACCS Code) Prior Total Award Amount Awarded This Action + or (-) Current Total Award Cumulative Non-Federal Commitment FG 97.044 2026-FK- GB01 - P410-xxxx- 4101-D $0.00 $85,754.54 $85,754.54 8,575.46 Totals $0.00 $85,754.54 $85,754.54 $8,575.46 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A 16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) This field is not applicable for digitally signed grant agreements 372 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)DATE 18. FEMA SIGNATORY OFFICIAL (Name and Title) Cynthia Spishak, Acting Associate Administrator Resilience DATE 09/21/2026 373 Page 1 of 19 State Homeland Security Program (SHSP) FY 2025 Award Letter Chuck Winn City of Bozeman, Fire Dept. 300 East Oak Street Bozeman, MT 59715 City Manager Chuck Winn, Congratulations, on behalf of Montana Disaster and Emergency Services (MT DES), the application for financial assistance submitted under the Fiscal Year (FY) 2025 State Homeland Security Program, HazMat Sustainment (2 year POP), has been approved in the amount of $80,000.00. City of Bozeman, Fire Dept. is not required to match this award with any amount of non-Federal funds. Before City of Bozeman, Fire Dept. requests and receives any of the Federal funds awarded, acceptance of the award must be established. By accepting this award, City of Bozeman, Fire Dept. acknowledges that the terms of the following documents are incorporated into the terms of this award: • Agreement Articles (attached to this Award Letter) • Obligating Document for Award (attached to this Award Letter) • FY 25 Homeland Security Grant Program Notice of Funding Opportunity Please make sure you read, understand, and maintain a copy of these documents in the official file for this award. In order to establish acceptance of the award and its terms, please complete, sign and return the Obligating Document for Award to your MT DES Grant Coordinator. For additional assistance, please contact your MT DES Grant Coordinator. Burke S. Honzel Preparedness Bureau Chief Montana Disaster and Emergency Services CC James Short Award Letter Burke S. Honzel Digitally signed by Burke S. Honzel Date: 2026.08.27 15:42:24 -06'00' Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 374397 AGREEMENT ARTICLES State Homeland Security Program SUB-RECIPIENT: City of Bozeman, Fire Dept. PROGRAM: State Homeland Security Program STATE GRANT NUMBER: 25HSBZMNHAZ Article 1 Assurance, Administrative Requirements, Cost Principles, Representations, and Certifications Article 2 General Acknowledgements and Assurances Article 3 Acknowledgement of Federal Funding from DHS Article 4 Activities Conducted Abroad Article 5 Age Discrimination Act of 1975 Article 6 Americans with Disabilities Act of 1990 Article 7 Best Practices for Collection and Use of Personally Identifiable Information Article 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS Article 9 Civil Rights Act of 1964 – Title VI Article 10 Civil Rights Act of 1968 Article 11 Communication and Cooperation with the Department of Homeland Security and Immigration Officials Article 12 Copyright Article 13 Debarment and Suspension Article 14 Drug-Free Workplace Regulations Article 15 Duplicative Costs Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article 17 Energy Policy and Conservation Act Article 18 Equal Treatment of Faith-Based Organizations Article 19 Anti-Discrimination Article 20 False Claims Act and Program Fraud Civil Remedies Article 21 Federal Debt Status Article 22 Federal Leadership on Reducing Text Messaging while Driving Article 23 Fly America Act of 1974 Article 24 Hotel and Motel Fire Safety Act of 1990 Article 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article 26 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article 27 Lobbying Prohibitions Article 28 National Environmental Policy Act Article 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254 Article 30 Non-Supplanting Requirement Article 31 Notice of Funding Opportunity Requirements Article 32 Patents and Intellectual Property Rights Article 33 Presidential Executive Orders Article 34 Procurement of Recovered Materials Article 35 Rehabilitation Act of 1973 Article 36 Reporting Recipient Integrity and Performance Matters Article 37 Reporting Subawards and Executive Compensation Agreement Articles Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 375398 Article 38 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Article 39 SAFECOM Article 40 Subrecipient Monitoring and Management Article 41 System for Award Management and Unique Entity Identifier Requirements Article 42 Termination of a Federal Award Article 43 Terrorist Financing Article 44 Trafficking Victims Protection Act of 2000(TVPA) Article 45 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56 Article 46 Use of DHS Seal, Logo and Flags Article 47 Whistleblower Protection Act Article 48 Environmental Planning and Historic Preservation (EHP) Review Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations Article 50 Acceptance of Post Award Changes Article 51 Disposition of Equipment Acquired Under the Federal Award Article 52 Prior Approval for Modification of Approved Budget Article 53 Indirect Cost Rate Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self-Certification Article 55 Summary Description of Award and Subprograms Article 56 HSGP Performance Goal Article 57 OPSG Program Performance Goal Article 58 Operation Stonegarden Program Hold Article 59 Non-Applicability of Specific Agreement Articles Article 60 State Homeland Security Program: Compliance with Federal Immigration Law Article 61 State Homeland Security Program: Non-Applicability of Specific Terms and Agreement Articles Article 62 State Homeland Security Program: Impact of San Francisco v. Trump Preliminary Injunction Article 63 State Homeland Security Program: Impact of State of Illinois v. FEMA Injunction Article 64 Operation Stonegarden: Non-Applicability of Specific Terms and Agreement Articles Article 65 Period of Performance and Budget Period Article 66 Funding Hold: Additional Information Required Article 67 Amended Award Amount Pursuant to State of Illinois, et al. v. Kristi Noem, et al.(D.RI). Article 68 Amended Period of Performance and Budget Period Pursuant to State of Illinois, etal. v. Kristi Noem, et al. (D.RI) and State of Michigan et al. v. Kristi Article69 MT DES Specific Acknowledgements and Assurances Article 70 Accruals Article 71 Authorized Representative Article 72 State Homeland Security Grant Funding Hold Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 376399 Article 1 Assurance, Administrative Requirements, Cost Principles, Representations, and Certifications I. Recipients must complete either the Office of Management and Budget (OMB)Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances, as instructed. Article 2 General Acknowledgements and Assurances Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located in Title 2, Code of Federal Regulations, Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or DHS Component program guidance. Organization costs related to data and evaluation are allowable. The definition of data and evaluation costs is in 2 C.F.R. § 200.455(c), the full text of which is incorporated by reference. V. Recipients must complete DHS Form 3095within 60 days of receipt of the Notice of Award for the first award under which this term applies. For further instructions and to access the form, please visit: https://www.dhs.gov/civil-rightsresources-recipients-dhs-financial-assistance. Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds. Article 4 Activities Conducted Abroad Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals. Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of1975, Pub. L. No. 94-135 (codified as amended at Title 42, U.S. Code § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information (1) Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. (2) Definition. DHS defines “PII” as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 377400 Article 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS (1) Recipients of DHS research and development (R&D) awards must report to the DHS Component research program office any finding or determination of sex based and sexual harassment and/or an administrative or disciplinary action taken against principal investigators or co-investigators to be completed by an authorized organizational representative (AOR) at the recipient institution. (2) Notification. An AOR must disclose the following information to agencies within 10 days of the date/the finding is made, or 10 days from when a recipient imposes an administrative action on the reported individual, whichever is sooner. Reports should include: (a) Award number, (b) Name of PI or Co-PI being reported, (c)Awardee name, (d) Awardee address, (e) AOR name, title, phone, and email address, (f) Indication of the report type: (i) Finding or determination has been made that the reported individual violated awardee policies or codes of conduct, statutes, or regulations related to sexual harassment, sexual assault, or other forms of harassment, including the date that the finding was made. (ii) Imposition of an administrative or disciplinary action by the recipient on the reporting individual related to a finding/determination or an investigation of an alleged violation of recipient policy or codes of conduct, statutes, or regulations, or other forms of harassment. (iii) The date and nature of the administrative/disciplinary action, including a basic explanation or description of the event, which should not disclose personally identifiable information regarding any complaints or individuals involved. Any description provided must be consistent with the Family Educational Rights in Privacy Act. (3) Definitions. (a) An “authorized organizational representative (AOR)” is an administrative official who, on behalf of the proposing institution, is empowered to make certifications and representations and can commit the institution to the conduct of a project that an agency is being asked to support as well as adhere to various agency policies and award requirements. (b) “Principal investigators and co-principal investigators” are award personnel supported by a grant, cooperative agreement, or contract under Federal law. (c) A “reported individual” refers to recipient personnel who have been reported to a federal agency for potential sexual harassment violations. (d) “Sex based harassment “means a form of sex discrimination and includes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. (e) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of asexual nature when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment, whether such activity is carried out by a supervisor or by a co-worker, volunteer, or contractor. Article 9 Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.),which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6C.F.R. Part 21. Recipients of a federal award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7. Article 10 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No.90284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 378401 Article 11 Communication and Cooperation with the Department of Homeland Security and Immigration Officials (1) All recipients and other recipients of funds under this award must agree that they will comply with the following requirements related to coordination and cooperation with the Department of Homeland Security and immigration officials:(a) They must comply with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on information sharing by state and local government entities with DHS regarding the citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8 U.S.C. § 1373 prohibits any person or agency from prohibiting, or in any way restricting, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual: 1) sending such information to, or requesting or receiving such information from, Federal immigration officials; 2) maintaining such information; or 3) exchanging such information with any other Federal, State, or local government entity; (b) They must comply with other relevant laws related to immigration, including prohibitions on encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv),prohibitions on transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii),prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability regarding these statutes; (c) That they will honor requests for cooperation, such as participation in joint operations, sharing of information, or requests for short term detention of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with this requirement merely because it lacks the necessary resources to assist in a particular instance; (d) That they will provide access to detainees, such as when an immigration officer seeks to interview a person who might be a removable alien; and (e) That they will not leak or otherwise publicize the existence of an immigration enforcement operation. (2) The recipient must certify under penalty of perjury pursuant to 28 U.S.C. § 1746 and using a form that is acceptable to DHS, that it will comply with the requirements of this term. Additionally, the recipient agrees that it will require any subrecipients or contractors to certify in the same manner that they will comply with this term prior to providing them with any funding under this award. (3) The recipient agrees that compliance with this term is material to the Government’s decision to make or continue with this award and that the Department of homeland Security may terminate this grant, or take any other allowable enforcement action, if the recipient fails to comply with this term. Article 12 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. §200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so. Article 13 Debarment and Suspension Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 14 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 15 Duplicative Costs Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing requirements of any other federal award in either the Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 379402 current or a prior budget period. See 2 C.F.R. § 200.403(f).However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal award terms and conditions. Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act) –Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. §1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of a federal award from the Federal Emergency Management Agency(FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part19. Article 17 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. §6201 et seq.), which contain policies relating to energy efficiency that are Article 18 Equal Treatment of Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participation of faith-based organizations in individual DHS programs. Article 19 Anti-Discrimination Recipients must comply with all applicable Federal anti-discrimination laws material to the government’s payment decisions for purposes of 31 U.S.C. § 372(b)(4). (1) Definitions. As used in this clause – (a) DEI means “diversity, equity, and inclusion.” (b) DEIA means “diversity, equity, inclusion, and accessibility.” (c)Discriminatory equity ideology has the meaning set forth in Section 2(b) of Executive Order 14190 of January 29, 2025. (d) Federal anti-discrimination laws mean Federal civil rights law that protect individual Americans from discrimination on the basis of race, color, sex, religion, and national origin. (e) Illegal immigrant means any alien, as defined in 8 U.S.C. § 1101(a)(3), who has no lawful immigration status in the United States.(2) Grant award certification. (a) By accepting the grant award, recipients are certifying that: (i) They do not, and will not during the term of this financial assistance award, operate any programs that advance or promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti-discrimination laws; and (ii) They do not engage in and will not during the term of this award engage in, a discriminatory prohibited boycott. (iii) They do not, and will not during the term of this award, operate any program that benefits illegal immigrants or incentivizes illegal immigration. (3) DHS reserves the right to suspend payments in whole or in part and/or terminate financial assistance awards if the Secretary of Homeland Security or her designee determines that the recipient has violated any provision of subsection (2). (4) Upon suspension or termination under subsection (3), all funds received by the recipient shall be deemed to be in excess of the amount that the recipient is determined to be entitled to under the Federal award for purposes of 2 C.F.R. § 200.346. As such, all amounts received will constitute a debt to the Federal Government that may be pursued to the maximum extent permitted by law. Article 20 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C.§§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 21 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 380403 Article 22 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of Executive Order 13513. Article 23 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificated-aircarriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 24 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. § 2225a. Article 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R.§§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute –as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article 26 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department- supported-organizationsprovide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article 27 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available onGrants.gov as the Disclosure of Lobbying Activities (SF-LLL). Article 28 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 381404 Article 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254 (1) Recipient research institutions (“covered institutions”) must comply with the requirements in NSPM-33 and provisions of Pub. L.117-167, Section 10254(codified at 42 U.S.C. § 18951) certifying that the institution has established and operates a research security program that includes elements relating to: (a)cybersecurity; (b) foreign travel security; (c) research security training; and (d)export control training, as appropriate. (2) Definition. “Covered institutions” means recipient research institutions receiving federal Research and Development (R&D) science and engineering support “in excess of $50 million per year.” Article 30 Non-Supplanting Requirement Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose. Article 31 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the federal award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect. Article 32 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14. Article 33 Presidential Executive Orders Recipients must comply with the requirements of Presidential Executive Orders related to grants (also known as federal assistance and financial assistance), the full text of which are incorporated by reference. Article 34 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 35 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 36 Reporting Recipient Integrity and Performance Matters If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide federal award term and condition for Recipient Integrity and Performance Matters is in 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference. Article 37 Reporting Subawards and Executive Compensation Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 382405 For federal awards that total or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide federal award term and condition on Reporting Subawards and Executive Compensation set forth at 2C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference. Article 38 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials (1) Recipients of a federal award from a financial assistance program that provides funding for infrastructure are hereby notified that none of the funds provided under this federal award may be used for a project for infrastructure unless: (a) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. (2) The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. (3) Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the federal awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (i) applying the domestic content procurement preference would be inconsistent with the public interest; (ii) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (iii) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. (b) A request to waive the application of the domestic content procurement preference must be inwriting. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. (c) There may be instances where a federal award qualifies, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. (4) Definitions. The definitions applicable to this term are set forth at 2 C.F.R. §184.3, the full text of which is incorporated by reference. Article 39 SAFECOM Recipients receiving federal awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA. Article 40 Subrecipient Monitoring and Management Pass-through entities must comply with the requirements for subrecipient monitoring and management as set forth in 2 C.F.R. §§ 200.331-333. Article 41 System for Award Management and Unique Entity Identifier Requirements Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 383406 Recipients are required to comply with the requirements set forth in the governmentwide federal award term and condition regarding the System for Award Management and Unique Entity Identifier Requirements in 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference. Article 42 Termination of a Federal Award (1) By DHS. DHS may terminate a federal award, in whole or in part, for the following reasons: (a) If the recipient fails to comply with the terms and conditions of the federal award; (b) With the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated; or (c) Pursuant to the terms and conditions of the federal award, including, to the extent authorized by law, if the federal award no longer effectuates the program goals or agency priorities. (3) By the Recipient. The recipient may terminate the federal award, in whole or in part, by sending written notification to DHS stating the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if DHS determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, DHS may terminate the federal award in its entirety. (4) Notice. Either party will provide written notice of intent to terminate for any reason to the other party no less than 30calendar days prior to the effective date of the termination. (5) Compliance with Closeout Requirements for Terminated Awards. The recipient must continue to comply with closeout requirements in 2 C.F.R. §§ 200.344200.345 after an award is terminated. Article 43 Terrorist Financing Recipients must comply with Executive Order 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the Executive Order and laws. Article 44 Trafficking Victims Protection Act of 2000(TVPA) Recipients must comply with the requirements of the government-wide federal award term and condition which implements Trafficking Victims Protection Act of2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The federal award term and condition is in 2 C.F.R. § 175.105, the full text of which is incorporated by reference. Article 45 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56 Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the USA PATRIOT Act, which amends 18 U.S.C. §§ 175–175c. Article 46 Use of DHS Seal, Logo and Flags Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. Article 47 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections in 10 U.S.C § 470141 U.S.C. § 4712. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 384407 Article 48 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that could have an impact on the environment are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; Endangered Species Act; National Historic Preservation Act of 1966, as amended; Clean Water Act; Clean Air Act; National Flood Insurance Program regulations; and any other applicable laws, regulations and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program. Applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The FEMA EHP review process must be completed before funds are released to carry out the proposed project, otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. DHS/FEMA may also need to perform a project closeout review to ensure the applicant complied with all required EHP conditions identified in the initial review. If ground disturbing activities occur during construction, the applicant will monitor the ground disturbance, and if any potential archaeological resources are discovered, the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. EO 11988, Floodplain Management, and EO 11990, Protection of Wetlands, require that all federal actions in or affecting the floodplain or wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic, historical, environmental, legal, and safety considerations. FEMA’s regulations at44 C.F.R. Part 9 implement the EOs and require an eight-step review process if a proposed action is in a floodplain or wetland or has the potential to affect or be affected by a floodplain or wetland. The regulation also requires that the federal agency provide public notice of the proposed action at the earliest possible time to provide the opportunity for public involvement in the decision-making process (44C.F.R. § 9.8). Where there is no opportunity to relocate the federal action, FEMA is required to undertake a detailed review to determine what measures can be taken to minimize future damages to the floodplain or wetland. Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Tribal Nations, or there is a federal law or regulation exempting its application to Tribal Nations, then the acceptance by Tribal Nations, or acquiescence to DHS Standard Terms and Conditions does not change or alter its inapplicability to a Tribal Nation. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribal Nations where it does not already exist. Article 50 Acceptance of Post Award Changes In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please email FEMA Grant Management Operations at: ASK-GMD@fema.dhs.gov for any questions. Article 51 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the non-state recipient or subrecipient (including subrecipients of a State or Tribal Nation), must request instructions from FEMA to make proper disposition of the equipment pursuant to 2C.F.R. section 200.313(e). State recipients must follow the disposition requirements in accordance with State laws and procedures. 2 C.F.R. section200.313(b). Tribal Nations must follow the disposition requirements in accordance with Tribal laws and procedures noted in 2 C.F.R. section 200.313(b); and if such laws and Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 385408 procedures do not exist, then Tribal Nations must follow the disposition instructions in 2 C.F.R. section 200.313(e). Article 52 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, a written request must be submitted and approved by FEMA as required by 2 C.F.R. section200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(i) regarding the transfer of funds among direct cost categories, programs, functions, or activities. For awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000) and where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved, transferring funds among direct cost categories, programs, functions, or activities is unallowable without prior written approval from FEMA. For purposes of awards that support both construction and non-construction work, 2 C.F.R. section 200.308((f)(9) requires the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. Any deviations from a FEMA approved budget must be reported in the first Federal Financial Report (SF-425) that is submitted following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 53 Indirect Cost Rate 2 C.F.R. section 200.211(b)(16) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for the award is stated in the budget documents or other materials approved by FEMA and included in the award file. Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self- Certification In addition to the DHS Standard Terms & Conditions regarding Required Use of American Iron, Steel, Manufactured Products, and Construction Materials, recipients and subrecipients of FEMA financial assistance for programs that are subject to BABAA must include a Buy America preference contract provision as noted in 2 C.F.R. section 184.4 and a self- certification as required by the FEMA Buy America Preference in FEMA Financial Assistance Programs for Infrastructure (FEMA Policy #207-22-0001 Revision 1 dated 1/30/2026). This requirement applies to all subawards, contracts, and purchase orders for work performed, or products supplied under the FEMA award subject to BABAA. Article 55 Summary Description of Award and Subprograms The purpose of the FY 2025 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. This HSGP award consists of State Homeland Security Program (SHSP) funding in the amount of $6,000,629, and Operation Stonegarden (OPSG) funding in the amount of $1,672,000. Article 56 HSGP Performance Goal In addition to the Biannual Strategy Implementation Report (BSIR) submission requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant-funded project addressed the core capability gap associated with this project and identified in the Threat and Hazard Identification and Risk Analysis (THIRA) or Stakeholder Preparedness Review (SPR) or sustains existing capabilities as applicable. The capability gap reduction must be addressed in the Project Description of the BSIR for each project. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 386409 Article 57 OPSG Program Performance Goal In addition to the Biannual Strategy Implementation Report (BSIR) submission requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant-funded project addressed the core capability gap associated with this project and identified in the Threat and Hazard Identification and Risk Analysis (THIRA) or Stakeholder Preparedness Review (SPR) or sustains existing capabilities as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project. Article 58 Operation Stonegarden Program Hold The recipient is prohibited from drawing down OPSG funding under this award or reimbursing OPSG subrecipients of this award until each unique, specific, or modified county level, tribal, or equivalent Operations Order or Fragmentary Order (FRAGO) has been reviewed by FEMA/GPD and Customs and Border Protection/United States Border Patrol (CBP/USBP). The recipient will receive the official notification of approval from FEMA/GPD. Article 59 Non-Applicability of Specific Agreement Articles Notwithstanding its inclusion in this award package, the following Agreement Article does not apply to this grant award: 1. Termination of a Federal Award. This provision is consistent with any terms of the Notice of Funding Opportunity that state Paragraph C.XL (Termination of a Federal Award) of the FY 2025 DHS Standard Terms and Conditions does not apply to this award. Refer to the Notice of Funding Opportunity for the terms governing award termination. Article 60 State Homeland Security Program: Compliance with Federal Immigration Law The following term applies to State Homeland Security Program funding under this award: 1. Prohibition a. The state, territorial, or local recipient is prohibited from being designated by the Department of Homeland Security or the Department of Justice as a sanctuary jurisdiction. If the Department of Homeland Security or Department of Justice designates a state or territory as a sanctuary jurisdiction after the Department of Homeland Security makes a grant award, the state or territorial recipient is prohibited from making any financial obligations under the grant award on or after the date of designation until the Department of Homeland Security removes that designation. The Department of Homeland Security will suspend that portion of the grant award supported by risk-based funding and not make payments to the state or territorial recipient on or after the date of designation until the Department of Homeland Security or Department of Justice removes that designation. This term and condition applies to the funding provided under the relative risk methodology pursuant to Section 2007 of the Homeland Security Act of2002 (6 U.S.C. § 608) and does not apply to the minimum allocation to that state or territory required by Section 2004(e) of the Homeland Security Act of 2002 (6U.S.C. § 605(e)). b. The state, territorial, or local recipient is prohibited from making subawards to a state, territorial, or local government that the Department of Homeland Security or Department of Justice has designated as a sanctuary jurisdiction. If the Department of Homeland Security or Department of Justice designates a state, territorial, or local government as a sanctuary jurisdiction after the state, territorial, or local government recipient makes a subaward to that state, territorial, or local government, the state, territorial, or local recipient must suspend the subaward, the state, territorial, or local recipient must not make any additional payments to the state, territorial, or local government, and the state, territorial, or local government is prohibited from making any financial obligations under the subaward on and after the date of designation until the Department of Homeland Security or Department of Justice removes that designation. This term and condition applies to all funding provided to the state or territorial recipient, including both the statutory minimum as well as risk-based funding allocations. c. The Department of Homeland Security designates a state, territory, or local government as a sanctuary jurisdiction if it fails to comply with that requirements set forth in paragraphs 2.a.i to v of this term and condition. 2. Certification a. The state, territorial or local recipient and subrecipients must certify under penalty of perjury pursuant to 28 U.S.C. § 1746, and using a form that is acceptable to the Department of Homeland Security, that they will comply with the following requirements related to coordination and cooperation with the Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 387410 Department of Homeland Security and immigration officials: i. They will comply with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on information sharing by state and local government entities with the Department of Homeland Security regarding the citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8 U.S.C. § 1373 prohibits any person or agency from prohibiting, or in any way restricting, a Federal, state, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual: (1) sending such information to, or requesting or receiving such information from, Federal immigration officials; (2)maintaining such information; or (3) exchanging such information with any other Federal, state, or local government entity. ii. They will comply with other relevant laws related to immigration, including prohibitions on encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. §1324(a)(1)(A)(iv), prohibitions on transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability regarding these statutes. iii. They will honor requests for cooperation, such as participating in joint operations, sharing of information, or requests for short term detention of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with this requirement merely because it lacks the necessary resources to assist in a particular instance. iv. They will provide access to detainees, such as when an immigration officer seeks to interview a person who might be a removable alien. v. They will not leak or otherwise publicize the existence of an immigration enforcement operation. b. The state or territorial recipient must require a state, territorial, or local government subrecipient to make the certification above before providing them with any funding under the subaward.3. Materiality and Remedies for Noncompliance This term and condition is material to the Department of Homeland Security’s decision to continue with this grant award and the Department of Homeland Security may take any remedy for noncompliance, including termination, if the state or territorial recipient or a local government subrecipient fails to comply with this term and condition. Article 61 State Homeland Security Program: Non-Applicability of Specific Terms and Agreement Articles The following term applies to State Homeland Security Program funding under this award: Notwithstanding their inclusion in this award package, the following terms and Agreement Articles do not apply to this grant award: (1) paragraph C.IX(Communication and Cooperation with the Department of Homeland Security and Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement Article titled “Communication and Cooperation with the Department of Homeland Security and Immigration Officials” in this award package; and (2)paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award Certification regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii)of the Agreement Article titled “Anti-Discrimination” in this award package. Article 62 State Homeland Security Program: Impact of San Francisco v. Trump Preliminary Injunction The following term applies to State Homeland Security Program funding under this award: Pursuant to the preliminary injunction order issued on August 22, 2025, in City and County of San Francisco, et al. v. Trump, et al., No. 3:25-cv-01350 (N.D. Cal.), the following terms and conditions do not apply to awards or subawards issued to any of the plaintiffs subject to the preliminary injunction order while the order remains in effect: (1) paragraph C.IX (Communication and Cooperation with the Department of Homeland Security and Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement Article titled “Communication and Cooperation with the Department of Homeland Security and Immigration Officials” in this award package; (2) paragraph C.XVII(2)(a)(iii) (Anti- Discrimination Grant Award Certification regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled “Anti- Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 388411 Discrimination” in this award package; and (3) the “State Homeland Security Program: Compliance with Federal Immigration Law” Agreement Article. If the preliminary injunction is stayed, vacated, or extinguished, the “State Homeland Security Program: Compliance with Federal Immigration Law” Agreement Article will immediately become effective. Article 63 State Homeland Security Program: Impact of State of Illinois v. FEMA Injunction Pursuant to the memorandum and order issued on September 24, 2025, in State of Illinois, et al. v. Federal Emergency Management Agency, et. al, No. 25-206 (D.R.I.), the following terms and conditions do not apply to awards or subawards issued to any of the plaintiffs subject to the injunction order while the order remains in effect: (1) paragraph C.IX (Communication and Cooperation with the Department of Homeland Security and Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement Article titled “Communication and Cooperation with the Department of Homeland Security and Immigration Officials” in this award package; (2) paragraph C.XVII(2)(a)(iii) (Anti- Discrimination Grant Award Certification regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled “Anti- Discrimination” in this award package; and (3) the “State Homeland Security Program: Compliance with Federal Immigration Law” Agreement Article. If the injunction is stayed, vacated, or extinguished, the “State Homeland Security Program: Compliance with Federal Immigration Law” Agreement Article will immediately become effective. Article 64 Operation Stonegarden: Non-Applicability of Specific Terms and Agreement Articles Notwithstanding their inclusion in this award package, the following terms and Agreement Articles do not apply to this grant award: (1) paragraph C.IX(Communication and Cooperation with the Department of Homeland Security and Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement Article titled “Communication and Cooperation with the Department of Homeland Security and Immigration Officials” in this award package; and (2)paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award Certification regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii)of the Agreement Article titled “Anti- Discrimination” in this award package. Article 65 Period of Performance and Budget Period Notwithstanding language in the Obligating Document or in the other terms of this award package, the Period of Performance and the Budget Period for this grant award is October 1, 2025, to September 30, 2026. The Period of Performance and Budget Period stated in the Obligating Document shall not apply. Article 66 Removed per FEMA Amendment Memo dated 05/27/2026: Funding Hold: Additional Information Required FEMA has placed a funding hold on this award, and $6,034,750 is on hold in the FEMA financial systems. The recipient is prohibited from obligating, expending, or drawing down the funds associated with the following Homeland Security Grant Program subprogram(s)/investment(s). To release the funding hold, the recipient must provide a detailed cost breakdown and justification for the investments/projects listed above. FEMA will rescind the funding hold upon its review and approval of the detailed cost breakdown and justification. If you have questions about this funding hold, please contact the DHS/FEMA Headquarters Preparedness Officer. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 389412 Article 67 Amended Award Amount Pursuant to State of Illinois, et al. v. Kristi Noem, et al. (D.RI). Pursuant to the Permanent Injunction Order issued by the U.S. District Court for the District of Rhode Island in State of Illinois, et al. v. Kristi Noem, et al., No. 1:25-cv-00495, dated December 22, 2025, and Information Bulletin (IB) 540, the amount of funding awarded by this Fiscal Year 2025 Homeland Security Grant Program(HSGP) grant has been amended to reflect the amount set forth in the Notice of Funding Opportunity dated August 1, 2025. Further, the “Summary Description of Award and Subprograms” is amended to read as follows: The purpose of the FY2025 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. This HSGP award consists of State Homeland Security Program (SHSP) funding in the amount of $4,362,750, and Operation Stonegarden (OPSG)funding in the amount of $1,672,000. Article 68 Amended Period of Performance and Budget Period Pursuant to State of Illinois, et al. v. Kristi Noem, et al. (D.RI) and State of Michigan et al. v. Kristi Pursuant to the Permanent Injunction Order issued by the U.S. District Court for the District of Rhode Island in State of Illinois, et al. v. Kristi Noem, et al., No. 1:25-cv-00495, dated December 22, 2025 and the Permanent Injunction Order issued by the U.S. District Court for the District of Oregon in State of Michigan, et al. v. Kristi Noem et al., No 6:25-cv- 02053-AP, dated December 23, 2025, the Agreement Article titled "Period of Performance and Budget Period") of your award package is rescinded. The new Period of Performance and Budget Period for this award is September 1, 2025, to August 31, 2028. Article 69 MT DES Specific Acknowledgements and Assurances Sub-recipients must acknowledge and agree to comply with applicable provisions governing MT DES access to records, accounts, documents, information, facilities, and staff. 1. Sub-recipients must cooperate with any compliance reviews or compliance investigations conducted by MT DES. 2. Sub-recipients must give MT DES access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by MT DES regulations and other applicable laws or program guidance. 3. Sub-recipients must submit timely, complete, and accurate reports to the appropriate MT DES officials and maintain appropriate backup documentation to support the reports. 4. Sub-recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. The State of Montana shall not be liable for any reimbursement amount greater than the award amount available to each sub-recipient. 6. Failure of the sub-recipient to accomplish HSGP objectives may result in the reduction or withholding of funds, or other action, as determined by MT DES. The State of Montana has the right to seek judicial enforcement of these obligations. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 390413 Article 70 Article 71 Article 72 Accruals As established within Montana Operations Manual Policy, accrual documentation is required of all sub-recipients by the Montana Department of Administration, State Financial Services Division, and must be submitted to MT DES no later than the second week of June, or as instructed by MT DES. Authorized Representative As evidenced by the signatures found in the Letter of Obligation, the Sub-Recipient Signatory Official agrees to appoint the Sub-Recipient Authorized Representative to act on behalf of City of Bozeman, Fire Dept.. This individual shall be duly authorized with all necessary powers with regard to the administration and oversight of the 2025 State Homeland Security Program grant, 25HSBZMNHAZ. The Catalog of Federal Domestic Assistance (CFDA) number associated with this grant is 97.067. State Homeland Security Grant Funding Hold There is no program hold on this project for BABAA compliance review. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 391414 Obligating Document for Award STATE GRANT NUMBER: 25HSBZMNHAZ FEDERAL AGREEMENT NUMBER: EMW-2025-SS-05013 AMENDMENT NUMBER: SUB-RECIPIENT NAME AND ADDRESS: City of Bozeman, Fire Dept. 300 East Oak Street Bozeman, MT 59715 ISSUING STATE OFFICE AND ADDRESS: Montana Disaster and Emergency Services P.O. Box 4789 1956 MT Majo Street Fort Harrison, MT 59636-4789 NAME OF SUB-RECIPIENT AUTHORIZED REPRESENTATIVE: James Short SUB-RECIPIENT AUTHORIZED REPRESENTATIVE CONTACT INFORMATION: james.short@bozemanmt.gov 406-582-7420 EFFECTIVE DATE OF THIS ACTION: 07/24/2026 METHOD OF PAYMENT: EFT NAME AND CONTACT INFORMATION OF MT DES GRANT COORDINATOR: Genny Lighthiser genevieve.lighthiser@mt.gov 406-417-8685 FEDERAL AWARD AMOUNT: $80,000.00 PERIOD OF PERFORMANCE: From: To: 10/01/2025 06/30/2028 Budget Period: From: To: 10/01/2025 06/30/2028 ASSISTANCE ARRANGEMENT: Cost Reimbursement CFDA #: 97.067 SUB-RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE SUB-RECIPIENT AUTHORIZED REPRESENTATIVE (Name and Title) DATE MT DES SIGNATORY (Name, Title and Date) Pam Fruh, Preparedness Program Manager, Authorized Organizational Representative Pam Fruh Digitally signed by Pam Fruh Date: 2026.08.27 12:28:41 -06'00' Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 James Short 9/10/2026Deputy Fire Chief - Operations Josh Waldo 9/10/2026Fire Chief 392415 Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 James Short 9/10/2026Deputy Fire Chief - Operations 9/10/2026Fire ChiefJosh Waldo 393416 Memorandum REPORT TO:City Commission FROM:Benjamin R Bailey - Neighborhood Services and Code Compliance Program Manager Nicholas Focken - Parking Manager SUBJECT:Gallatin High School Residential Parking Permit District Work Session MEETING DATE:November 17, 2026 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Gallatin High School Residential Parking Permit District Work Session STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The City of Bozeman received signed petitions to consider the creation of a Residential Parking Permit District (RPPD) in the Flanders Mill Neighborhood immediately adjacent to Gallatin High School. UNRESOLVED ISSUES:None known. ALTERNATIVES:As directed by Commission FISCAL EFFECTS:If it is recommended that a Residential Parking Permit District be created by Ordinance, then there will be an initial cost to provide appropriate signage (est. $5,000) within the defined area and unknown enforcement resources based on the size of the District which Commission approves. Attachments: GHS proposed RPPD area outline.png Sec._36.04.330.___Procedure_for_the_establishment_of_a_residential_on_street_parking_permit_regulation_program..docx Report compiled on: November 4, 2026 394 395 Created: 2026-10-19 14:12:00 [EST] (Supp. No. 16, Update 1) Page 1 of 1 Sec. 36.04.330. Procedure for the establishment of a residential on-street parking permit regulation program. A. Pursuant to the powers granted to local governments pursuant to state law to regulate the standing or parking of vehicles on public streets, the use of public streets and traffic upon public streets, the city commission may, after holding a public hearing on any residential parking permit proposal, create, pursuant to ordinance, areas of the city to be designated as residential parking permit areas during specified times of the day and week if the city commission finds that the residential area under consideration for such a designation is: 1. Predominantly residential in character; 2. An area the streets of which are regularly congested with vehicles parked by persons not residing in the area; and 3. An area where limiting the parking of vehicles along the public streets better provides adequate motor vehicle parking for residents of the area; and finds that the creation of a residential parking permit area in the residential area under consideration would further one or more of the following objectives: a. Promoting tranquility among commuters and residents; b. Reducing noise; c. Reducing traffic hazards; or d. Reducing litter. B. Any ordinance designating an area of the city as a residential permit parking area shall describe: 1. The designated public street area along which parking will be limited to vehicles registered to or controlled and exclusively used by persons residing in the area; 2. Hours of each day and days of each week that the residential parking permit regulations shall be in effect; 3. The individuals eligible to purchase a permit; 4. Effective dates of annual permits; 5. Any special provisions or exceptions applicable to schools, churches, businesses, public park use, etc. within the residential area; and 6. Visitor permit or special gathering provisions for the residential area. C. Upon adoption of any ordinance by the city commission designating an area for residential permit parking only, signs shall be erected along the streets identified in the ordinance prior to any enforcement of the residential parking permit regulation pursuant to section 36.04.090. The parking signs erected shall give notice of the general nature of the parking limitation and shall indicate the hours and days when such parking limitations shall be in effect. (Code 1982, § 10.32.350; Ord. No. 1345, § 1, 1992; Ord. No. 1376, § 1, 1993) 396 Page 1 of 19 State Homeland Security Program (SHSP) FY 2025 Award Letter Chuck Winn City of Bozeman, Fire Dept. 300 East Oak Street Bozeman, MT 59715 City Manager Chuck Winn, Congratulations, on behalf of Montana Disaster and Emergency Services (MT DES), the application for financial assistance submitted under the Fiscal Year (FY) 2025 State Homeland Security Program, HazMat Sustainment (2 year POP), has been approved in the amount of $80,000.00. City of Bozeman, Fire Dept. is not required to match this award with any amount of non-Federal funds. Before City of Bozeman, Fire Dept. requests and receives any of the Federal funds awarded, acceptance of the award must be established. By accepting this award, City of Bozeman, Fire Dept. acknowledges that the terms of the following documents are incorporated into the terms of this award: • Agreement Articles (attached to this Award Letter) • Obligating Document for Award (attached to this Award Letter) • FY 25 Homeland Security Grant Program Notice of Funding Opportunity Please make sure you read, understand, and maintain a copy of these documents in the official file for this award. In order to establish acceptance of the award and its terms, please complete, sign and return the Obligating Document for Award to your MT DES Grant Coordinator. For additional assistance, please contact your MT DES Grant Coordinator. Burke S. Honzel Preparedness Bureau Chief Montana Disaster and Emergency Services CC James Short Award Letter Burke S. Honzel Digitally signed by Burke S. Honzel Date: 2026.08.27 15:42:24 -06'00' Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 374397 AGREEMENT ARTICLES State Homeland Security Program SUB-RECIPIENT: City of Bozeman, Fire Dept. PROGRAM: State Homeland Security Program STATE GRANT NUMBER: 25HSBZMNHAZ Article 1 Assurance, Administrative Requirements, Cost Principles, Representations, and Certifications Article 2 General Acknowledgements and Assurances Article 3 Acknowledgement of Federal Funding from DHS Article 4 Activities Conducted Abroad Article 5 Age Discrimination Act of 1975 Article 6 Americans with Disabilities Act of 1990 Article 7 Best Practices for Collection and Use of Personally Identifiable Information Article 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS Article 9 Civil Rights Act of 1964 – Title VI Article 10 Civil Rights Act of 1968 Article 11 Communication and Cooperation with the Department of Homeland Security and Immigration Officials Article 12 Copyright Article 13 Debarment and Suspension Article 14 Drug-Free Workplace Regulations Article 15 Duplicative Costs Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article 17 Energy Policy and Conservation Act Article 18 Equal Treatment of Faith-Based Organizations Article 19 Anti-Discrimination Article 20 False Claims Act and Program Fraud Civil Remedies Article 21 Federal Debt Status Article 22 Federal Leadership on Reducing Text Messaging while Driving Article 23 Fly America Act of 1974 Article 24 Hotel and Motel Fire Safety Act of 1990 Article 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article 26 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article 27 Lobbying Prohibitions Article 28 National Environmental Policy Act Article 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254 Article 30 Non-Supplanting Requirement Article 31 Notice of Funding Opportunity Requirements Article 32 Patents and Intellectual Property Rights Article 33 Presidential Executive Orders Article 34 Procurement of Recovered Materials Article 35 Rehabilitation Act of 1973 Article 36 Reporting Recipient Integrity and Performance Matters Article 37 Reporting Subawards and Executive Compensation Agreement Articles Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 375398 Article 38 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Article 39 SAFECOM Article 40 Subrecipient Monitoring and Management Article 41 System for Award Management and Unique Entity Identifier Requirements Article 42 Termination of a Federal Award Article 43 Terrorist Financing Article 44 Trafficking Victims Protection Act of 2000(TVPA) Article 45 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56 Article 46 Use of DHS Seal, Logo and Flags Article 47 Whistleblower Protection Act Article 48 Environmental Planning and Historic Preservation (EHP) Review Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations Article 50 Acceptance of Post Award Changes Article 51 Disposition of Equipment Acquired Under the Federal Award Article 52 Prior Approval for Modification of Approved Budget Article 53 Indirect Cost Rate Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self-Certification Article 55 Summary Description of Award and Subprograms Article 56 HSGP Performance Goal Article 57 OPSG Program Performance Goal Article 58 Operation Stonegarden Program Hold Article 59 Non-Applicability of Specific Agreement Articles Article 60 State Homeland Security Program: Compliance with Federal Immigration Law Article 61 State Homeland Security Program: Non-Applicability of Specific Terms and Agreement Articles Article 62 State Homeland Security Program: Impact of San Francisco v. Trump Preliminary Injunction Article 63 State Homeland Security Program: Impact of State of Illinois v. FEMA Injunction Article 64 Operation Stonegarden: Non-Applicability of Specific Terms and Agreement Articles Article 65 Period of Performance and Budget Period Article 66 Funding Hold: Additional Information Required Article 67 Amended Award Amount Pursuant to State of Illinois, et al. v. Kristi Noem, et al.(D.RI). Article 68 Amended Period of Performance and Budget Period Pursuant to State of Illinois, etal. v. Kristi Noem, et al. (D.RI) and State of Michigan et al. v. Kristi Article69 MT DES Specific Acknowledgements and Assurances Article 70 Accruals Article 71 Authorized Representative Article 72 State Homeland Security Grant Funding Hold Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 376399 Article 1 Assurance, Administrative Requirements, Cost Principles, Representations, and Certifications I. Recipients must complete either the Office of Management and Budget (OMB)Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances, as instructed. Article 2 General Acknowledgements and Assurances Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located in Title 2, Code of Federal Regulations, Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or DHS Component program guidance. Organization costs related to data and evaluation are allowable. The definition of data and evaluation costs is in 2 C.F.R. § 200.455(c), the full text of which is incorporated by reference. V. Recipients must complete DHS Form 3095within 60 days of receipt of the Notice of Award for the first award under which this term applies. For further instructions and to access the form, please visit: https://www.dhs.gov/civil-rightsresources-recipients-dhs-financial-assistance. Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds. Article 4 Activities Conducted Abroad Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals. Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of1975, Pub. L. No. 94-135 (codified as amended at Title 42, U.S. Code § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information (1) Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. (2) Definition. DHS defines “PII” as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 377400 Article 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS (1) Recipients of DHS research and development (R&D) awards must report to the DHS Component research program office any finding or determination of sex based and sexual harassment and/or an administrative or disciplinary action taken against principal investigators or co-investigators to be completed by an authorized organizational representative (AOR) at the recipient institution. (2) Notification. An AOR must disclose the following information to agencies within 10 days of the date/the finding is made, or 10 days from when a recipient imposes an administrative action on the reported individual, whichever is sooner. Reports should include: (a) Award number, (b) Name of PI or Co-PI being reported, (c)Awardee name, (d) Awardee address, (e) AOR name, title, phone, and email address, (f) Indication of the report type: (i) Finding or determination has been made that the reported individual violated awardee policies or codes of conduct, statutes, or regulations related to sexual harassment, sexual assault, or other forms of harassment, including the date that the finding was made. (ii) Imposition of an administrative or disciplinary action by the recipient on the reporting individual related to a finding/determination or an investigation of an alleged violation of recipient policy or codes of conduct, statutes, or regulations, or other forms of harassment. (iii) The date and nature of the administrative/disciplinary action, including a basic explanation or description of the event, which should not disclose personally identifiable information regarding any complaints or individuals involved. Any description provided must be consistent with the Family Educational Rights in Privacy Act. (3) Definitions. (a) An “authorized organizational representative (AOR)” is an administrative official who, on behalf of the proposing institution, is empowered to make certifications and representations and can commit the institution to the conduct of a project that an agency is being asked to support as well as adhere to various agency policies and award requirements. (b) “Principal investigators and co-principal investigators” are award personnel supported by a grant, cooperative agreement, or contract under Federal law. (c) A “reported individual” refers to recipient personnel who have been reported to a federal agency for potential sexual harassment violations. (d) “Sex based harassment “means a form of sex discrimination and includes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. (e) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of asexual nature when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment, whether such activity is carried out by a supervisor or by a co-worker, volunteer, or contractor. Article 9 Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.),which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6C.F.R. Part 21. Recipients of a federal award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7. Article 10 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No.90284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 378401 Article 11 Communication and Cooperation with the Department of Homeland Security and Immigration Officials (1) All recipients and other recipients of funds under this award must agree that they will comply with the following requirements related to coordination and cooperation with the Department of Homeland Security and immigration officials:(a) They must comply with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on information sharing by state and local government entities with DHS regarding the citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8 U.S.C. § 1373 prohibits any person or agency from prohibiting, or in any way restricting, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual: 1) sending such information to, or requesting or receiving such information from, Federal immigration officials; 2) maintaining such information; or 3) exchanging such information with any other Federal, State, or local government entity; (b) They must comply with other relevant laws related to immigration, including prohibitions on encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv),prohibitions on transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii),prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability regarding these statutes; (c) That they will honor requests for cooperation, such as participation in joint operations, sharing of information, or requests for short term detention of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with this requirement merely because it lacks the necessary resources to assist in a particular instance; (d) That they will provide access to detainees, such as when an immigration officer seeks to interview a person who might be a removable alien; and (e) That they will not leak or otherwise publicize the existence of an immigration enforcement operation. (2) The recipient must certify under penalty of perjury pursuant to 28 U.S.C. § 1746 and using a form that is acceptable to DHS, that it will comply with the requirements of this term. Additionally, the recipient agrees that it will require any subrecipients or contractors to certify in the same manner that they will comply with this term prior to providing them with any funding under this award. (3) The recipient agrees that compliance with this term is material to the Government’s decision to make or continue with this award and that the Department of homeland Security may terminate this grant, or take any other allowable enforcement action, if the recipient fails to comply with this term. Article 12 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. §200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so. Article 13 Debarment and Suspension Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 14 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 15 Duplicative Costs Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing requirements of any other federal award in either the Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 379402 current or a prior budget period. See 2 C.F.R. § 200.403(f).However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal award terms and conditions. Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act) –Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. §1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of a federal award from the Federal Emergency Management Agency(FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part19. Article 17 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. §6201 et seq.), which contain policies relating to energy efficiency that are Article 18 Equal Treatment of Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participation of faith-based organizations in individual DHS programs. Article 19 Anti-Discrimination Recipients must comply with all applicable Federal anti-discrimination laws material to the government’s payment decisions for purposes of 31 U.S.C. § 372(b)(4). (1) Definitions. As used in this clause – (a) DEI means “diversity, equity, and inclusion.” (b) DEIA means “diversity, equity, inclusion, and accessibility.” (c)Discriminatory equity ideology has the meaning set forth in Section 2(b) of Executive Order 14190 of January 29, 2025. (d) Federal anti-discrimination laws mean Federal civil rights law that protect individual Americans from discrimination on the basis of race, color, sex, religion, and national origin. (e) Illegal immigrant means any alien, as defined in 8 U.S.C. § 1101(a)(3), who has no lawful immigration status in the United States.(2) Grant award certification. (a) By accepting the grant award, recipients are certifying that: (i) They do not, and will not during the term of this financial assistance award, operate any programs that advance or promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti-discrimination laws; and (ii) They do not engage in and will not during the term of this award engage in, a discriminatory prohibited boycott. (iii) They do not, and will not during the term of this award, operate any program that benefits illegal immigrants or incentivizes illegal immigration. (3) DHS reserves the right to suspend payments in whole or in part and/or terminate financial assistance awards if the Secretary of Homeland Security or her designee determines that the recipient has violated any provision of subsection (2). (4) Upon suspension or termination under subsection (3), all funds received by the recipient shall be deemed to be in excess of the amount that the recipient is determined to be entitled to under the Federal award for purposes of 2 C.F.R. § 200.346. As such, all amounts received will constitute a debt to the Federal Government that may be pursued to the maximum extent permitted by law. Article 20 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C.§§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 21 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 380403 Article 22 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of Executive Order 13513. Article 23 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation-policy/certificated-aircarriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 24 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. § 2225a. Article 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R.§§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute –as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article 26 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department- supported-organizationsprovide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article 27 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available onGrants.gov as the Disclosure of Lobbying Activities (SF-LLL). Article 28 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 381404 Article 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254 (1) Recipient research institutions (“covered institutions”) must comply with the requirements in NSPM-33 and provisions of Pub. L.117-167, Section 10254(codified at 42 U.S.C. § 18951) certifying that the institution has established and operates a research security program that includes elements relating to: (a)cybersecurity; (b) foreign travel security; (c) research security training; and (d)export control training, as appropriate. (2) Definition. “Covered institutions” means recipient research institutions receiving federal Research and Development (R&D) science and engineering support “in excess of $50 million per year.” Article 30 Non-Supplanting Requirement Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose. Article 31 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the federal award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect. Article 32 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14. Article 33 Presidential Executive Orders Recipients must comply with the requirements of Presidential Executive Orders related to grants (also known as federal assistance and financial assistance), the full text of which are incorporated by reference. Article 34 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 35 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 36 Reporting Recipient Integrity and Performance Matters If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide federal award term and condition for Recipient Integrity and Performance Matters is in 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference. Article 37 Reporting Subawards and Executive Compensation Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 382405 For federal awards that total or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide federal award term and condition on Reporting Subawards and Executive Compensation set forth at 2C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference. Article 38 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials (1) Recipients of a federal award from a financial assistance program that provides funding for infrastructure are hereby notified that none of the funds provided under this federal award may be used for a project for infrastructure unless: (a) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. (2) The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. (3) Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the federal awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (i) applying the domestic content procurement preference would be inconsistent with the public interest; (ii) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (iii) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. (b) A request to waive the application of the domestic content procurement preference must be inwriting. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. (c) There may be instances where a federal award qualifies, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. (4) Definitions. The definitions applicable to this term are set forth at 2 C.F.R. §184.3, the full text of which is incorporated by reference. Article 39 SAFECOM Recipients receiving federal awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA. Article 40 Subrecipient Monitoring and Management Pass-through entities must comply with the requirements for subrecipient monitoring and management as set forth in 2 C.F.R. §§ 200.331-333. Article 41 System for Award Management and Unique Entity Identifier Requirements Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 383406 Recipients are required to comply with the requirements set forth in the governmentwide federal award term and condition regarding the System for Award Management and Unique Entity Identifier Requirements in 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference. Article 42 Termination of a Federal Award (1) By DHS. DHS may terminate a federal award, in whole or in part, for the following reasons: (a) If the recipient fails to comply with the terms and conditions of the federal award; (b) With the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated; or (c) Pursuant to the terms and conditions of the federal award, including, to the extent authorized by law, if the federal award no longer effectuates the program goals or agency priorities. (3) By the Recipient. The recipient may terminate the federal award, in whole or in part, by sending written notification to DHS stating the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if DHS determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, DHS may terminate the federal award in its entirety. (4) Notice. Either party will provide written notice of intent to terminate for any reason to the other party no less than 30calendar days prior to the effective date of the termination. (5) Compliance with Closeout Requirements for Terminated Awards. The recipient must continue to comply with closeout requirements in 2 C.F.R. §§ 200.344200.345 after an award is terminated. Article 43 Terrorist Financing Recipients must comply with Executive Order 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the Executive Order and laws. Article 44 Trafficking Victims Protection Act of 2000(TVPA) Recipients must comply with the requirements of the government-wide federal award term and condition which implements Trafficking Victims Protection Act of2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The federal award term and condition is in 2 C.F.R. § 175.105, the full text of which is incorporated by reference. Article 45 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56 Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the USA PATRIOT Act, which amends 18 U.S.C. §§ 175–175c. Article 46 Use of DHS Seal, Logo and Flags Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. Article 47 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections in 10 U.S.C § 470141 U.S.C. § 4712. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 384407 Article 48 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that could have an impact on the environment are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; Endangered Species Act; National Historic Preservation Act of 1966, as amended; Clean Water Act; Clean Air Act; National Flood Insurance Program regulations; and any other applicable laws, regulations and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program. Applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The FEMA EHP review process must be completed before funds are released to carry out the proposed project, otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. DHS/FEMA may also need to perform a project closeout review to ensure the applicant complied with all required EHP conditions identified in the initial review. If ground disturbing activities occur during construction, the applicant will monitor the ground disturbance, and if any potential archaeological resources are discovered, the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. EO 11988, Floodplain Management, and EO 11990, Protection of Wetlands, require that all federal actions in or affecting the floodplain or wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic, historical, environmental, legal, and safety considerations. FEMA’s regulations at44 C.F.R. Part 9 implement the EOs and require an eight-step review process if a proposed action is in a floodplain or wetland or has the potential to affect or be affected by a floodplain or wetland. The regulation also requires that the federal agency provide public notice of the proposed action at the earliest possible time to provide the opportunity for public involvement in the decision-making process (44C.F.R. § 9.8). Where there is no opportunity to relocate the federal action, FEMA is required to undertake a detailed review to determine what measures can be taken to minimize future damages to the floodplain or wetland. Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Tribal Nations, or there is a federal law or regulation exempting its application to Tribal Nations, then the acceptance by Tribal Nations, or acquiescence to DHS Standard Terms and Conditions does not change or alter its inapplicability to a Tribal Nation. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribal Nations where it does not already exist. Article 50 Acceptance of Post Award Changes In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please email FEMA Grant Management Operations at: ASK-GMD@fema.dhs.gov for any questions. Article 51 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the non-state recipient or subrecipient (including subrecipients of a State or Tribal Nation), must request instructions from FEMA to make proper disposition of the equipment pursuant to 2C.F.R. section 200.313(e). State recipients must follow the disposition requirements in accordance with State laws and procedures. 2 C.F.R. section200.313(b). Tribal Nations must follow the disposition requirements in accordance with Tribal laws and procedures noted in 2 C.F.R. section 200.313(b); and if such laws and Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 385408 procedures do not exist, then Tribal Nations must follow the disposition instructions in 2 C.F.R. section 200.313(e). Article 52 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, a written request must be submitted and approved by FEMA as required by 2 C.F.R. section200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(i) regarding the transfer of funds among direct cost categories, programs, functions, or activities. For awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000) and where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved, transferring funds among direct cost categories, programs, functions, or activities is unallowable without prior written approval from FEMA. For purposes of awards that support both construction and non-construction work, 2 C.F.R. section 200.308((f)(9) requires the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. Any deviations from a FEMA approved budget must be reported in the first Federal Financial Report (SF-425) that is submitted following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 53 Indirect Cost Rate 2 C.F.R. section 200.211(b)(16) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for the award is stated in the budget documents or other materials approved by FEMA and included in the award file. Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self- Certification In addition to the DHS Standard Terms & Conditions regarding Required Use of American Iron, Steel, Manufactured Products, and Construction Materials, recipients and subrecipients of FEMA financial assistance for programs that are subject to BABAA must include a Buy America preference contract provision as noted in 2 C.F.R. section 184.4 and a self- certification as required by the FEMA Buy America Preference in FEMA Financial Assistance Programs for Infrastructure (FEMA Policy #207-22-0001 Revision 1 dated 1/30/2026). This requirement applies to all subawards, contracts, and purchase orders for work performed, or products supplied under the FEMA award subject to BABAA. Article 55 Summary Description of Award and Subprograms The purpose of the FY 2025 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. This HSGP award consists of State Homeland Security Program (SHSP) funding in the amount of $6,000,629, and Operation Stonegarden (OPSG) funding in the amount of $1,672,000. Article 56 HSGP Performance Goal In addition to the Biannual Strategy Implementation Report (BSIR) submission requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant-funded project addressed the core capability gap associated with this project and identified in the Threat and Hazard Identification and Risk Analysis (THIRA) or Stakeholder Preparedness Review (SPR) or sustains existing capabilities as applicable. The capability gap reduction must be addressed in the Project Description of the BSIR for each project. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 386409 Article 57 OPSG Program Performance Goal In addition to the Biannual Strategy Implementation Report (BSIR) submission requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant-funded project addressed the core capability gap associated with this project and identified in the Threat and Hazard Identification and Risk Analysis (THIRA) or Stakeholder Preparedness Review (SPR) or sustains existing capabilities as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project. Article 58 Operation Stonegarden Program Hold The recipient is prohibited from drawing down OPSG funding under this award or reimbursing OPSG subrecipients of this award until each unique, specific, or modified county level, tribal, or equivalent Operations Order or Fragmentary Order (FRAGO) has been reviewed by FEMA/GPD and Customs and Border Protection/United States Border Patrol (CBP/USBP). The recipient will receive the official notification of approval from FEMA/GPD. Article 59 Non-Applicability of Specific Agreement Articles Notwithstanding its inclusion in this award package, the following Agreement Article does not apply to this grant award: 1. Termination of a Federal Award. This provision is consistent with any terms of the Notice of Funding Opportunity that state Paragraph C.XL (Termination of a Federal Award) of the FY 2025 DHS Standard Terms and Conditions does not apply to this award. Refer to the Notice of Funding Opportunity for the terms governing award termination. Article 60 State Homeland Security Program: Compliance with Federal Immigration Law The following term applies to State Homeland Security Program funding under this award: 1. Prohibition a. The state, territorial, or local recipient is prohibited from being designated by the Department of Homeland Security or the Department of Justice as a sanctuary jurisdiction. If the Department of Homeland Security or Department of Justice designates a state or territory as a sanctuary jurisdiction after the Department of Homeland Security makes a grant award, the state or territorial recipient is prohibited from making any financial obligations under the grant award on or after the date of designation until the Department of Homeland Security removes that designation. The Department of Homeland Security will suspend that portion of the grant award supported by risk-based funding and not make payments to the state or territorial recipient on or after the date of designation until the Department of Homeland Security or Department of Justice removes that designation. This term and condition applies to the funding provided under the relative risk methodology pursuant to Section 2007 of the Homeland Security Act of2002 (6 U.S.C. § 608) and does not apply to the minimum allocation to that state or territory required by Section 2004(e) of the Homeland Security Act of 2002 (6U.S.C. § 605(e)). b. The state, territorial, or local recipient is prohibited from making subawards to a state, territorial, or local government that the Department of Homeland Security or Department of Justice has designated as a sanctuary jurisdiction. If the Department of Homeland Security or Department of Justice designates a state, territorial, or local government as a sanctuary jurisdiction after the state, territorial, or local government recipient makes a subaward to that state, territorial, or local government, the state, territorial, or local recipient must suspend the subaward, the state, territorial, or local recipient must not make any additional payments to the state, territorial, or local government, and the state, territorial, or local government is prohibited from making any financial obligations under the subaward on and after the date of designation until the Department of Homeland Security or Department of Justice removes that designation. This term and condition applies to all funding provided to the state or territorial recipient, including both the statutory minimum as well as risk-based funding allocations. c. The Department of Homeland Security designates a state, territory, or local government as a sanctuary jurisdiction if it fails to comply with that requirements set forth in paragraphs 2.a.i to v of this term and condition. 2. Certification a. The state, territorial or local recipient and subrecipients must certify under penalty of perjury pursuant to 28 U.S.C. § 1746, and using a form that is acceptable to the Department of Homeland Security, that they will comply with the following requirements related to coordination and cooperation with the Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 387410 Department of Homeland Security and immigration officials: i. They will comply with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on information sharing by state and local government entities with the Department of Homeland Security regarding the citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8 U.S.C. § 1373 prohibits any person or agency from prohibiting, or in any way restricting, a Federal, state, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual: (1) sending such information to, or requesting or receiving such information from, Federal immigration officials; (2)maintaining such information; or (3) exchanging such information with any other Federal, state, or local government entity. ii. They will comply with other relevant laws related to immigration, including prohibitions on encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. §1324(a)(1)(A)(iv), prohibitions on transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability regarding these statutes. iii. They will honor requests for cooperation, such as participating in joint operations, sharing of information, or requests for short term detention of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with this requirement merely because it lacks the necessary resources to assist in a particular instance. iv. They will provide access to detainees, such as when an immigration officer seeks to interview a person who might be a removable alien. v. They will not leak or otherwise publicize the existence of an immigration enforcement operation. b. The state or territorial recipient must require a state, territorial, or local government subrecipient to make the certification above before providing them with any funding under the subaward.3. Materiality and Remedies for Noncompliance This term and condition is material to the Department of Homeland Security’s decision to continue with this grant award and the Department of Homeland Security may take any remedy for noncompliance, including termination, if the state or territorial recipient or a local government subrecipient fails to comply with this term and condition. Article 61 State Homeland Security Program: Non-Applicability of Specific Terms and Agreement Articles The following term applies to State Homeland Security Program funding under this award: Notwithstanding their inclusion in this award package, the following terms and Agreement Articles do not apply to this grant award: (1) paragraph C.IX(Communication and Cooperation with the Department of Homeland Security and Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement Article titled “Communication and Cooperation with the Department of Homeland Security and Immigration Officials” in this award package; and (2)paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award Certification regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii)of the Agreement Article titled “Anti-Discrimination” in this award package. Article 62 State Homeland Security Program: Impact of San Francisco v. Trump Preliminary Injunction The following term applies to State Homeland Security Program funding under this award: Pursuant to the preliminary injunction order issued on August 22, 2025, in City and County of San Francisco, et al. v. Trump, et al., No. 3:25-cv-01350 (N.D. Cal.), the following terms and conditions do not apply to awards or subawards issued to any of the plaintiffs subject to the preliminary injunction order while the order remains in effect: (1) paragraph C.IX (Communication and Cooperation with the Department of Homeland Security and Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement Article titled “Communication and Cooperation with the Department of Homeland Security and Immigration Officials” in this award package; (2) paragraph C.XVII(2)(a)(iii) (Anti- Discrimination Grant Award Certification regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled “Anti- Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 388411 Discrimination” in this award package; and (3) the “State Homeland Security Program: Compliance with Federal Immigration Law” Agreement Article. If the preliminary injunction is stayed, vacated, or extinguished, the “State Homeland Security Program: Compliance with Federal Immigration Law” Agreement Article will immediately become effective. Article 63 State Homeland Security Program: Impact of State of Illinois v. FEMA Injunction Pursuant to the memorandum and order issued on September 24, 2025, in State of Illinois, et al. v. Federal Emergency Management Agency, et. al, No. 25-206 (D.R.I.), the following terms and conditions do not apply to awards or subawards issued to any of the plaintiffs subject to the injunction order while the order remains in effect: (1) paragraph C.IX (Communication and Cooperation with the Department of Homeland Security and Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement Article titled “Communication and Cooperation with the Department of Homeland Security and Immigration Officials” in this award package; (2) paragraph C.XVII(2)(a)(iii) (Anti- Discrimination Grant Award Certification regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii) of the Agreement Article titled “Anti- Discrimination” in this award package; and (3) the “State Homeland Security Program: Compliance with Federal Immigration Law” Agreement Article. If the injunction is stayed, vacated, or extinguished, the “State Homeland Security Program: Compliance with Federal Immigration Law” Agreement Article will immediately become effective. Article 64 Operation Stonegarden: Non-Applicability of Specific Terms and Agreement Articles Notwithstanding their inclusion in this award package, the following terms and Agreement Articles do not apply to this grant award: (1) paragraph C.IX(Communication and Cooperation with the Department of Homeland Security and Immigration Officials) of the DHS Standard Terms and Conditions and the Agreement Article titled “Communication and Cooperation with the Department of Homeland Security and Immigration Officials” in this award package; and (2)paragraph C.XVII(2)(a)(iii) (Anti-Discrimination Grant Award Certification regarding immigration) of the DHS Standard Terms and Conditions and paragraph (2)(a)(iii)of the Agreement Article titled “Anti- Discrimination” in this award package. Article 65 Period of Performance and Budget Period Notwithstanding language in the Obligating Document or in the other terms of this award package, the Period of Performance and the Budget Period for this grant award is October 1, 2025, to September 30, 2026. The Period of Performance and Budget Period stated in the Obligating Document shall not apply. Article 66 Removed per FEMA Amendment Memo dated 05/27/2026: Funding Hold: Additional Information Required FEMA has placed a funding hold on this award, and $6,034,750 is on hold in the FEMA financial systems. The recipient is prohibited from obligating, expending, or drawing down the funds associated with the following Homeland Security Grant Program subprogram(s)/investment(s). To release the funding hold, the recipient must provide a detailed cost breakdown and justification for the investments/projects listed above. FEMA will rescind the funding hold upon its review and approval of the detailed cost breakdown and justification. If you have questions about this funding hold, please contact the DHS/FEMA Headquarters Preparedness Officer. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 389412 Article 67 Amended Award Amount Pursuant to State of Illinois, et al. v. Kristi Noem, et al. (D.RI). Pursuant to the Permanent Injunction Order issued by the U.S. District Court for the District of Rhode Island in State of Illinois, et al. v. Kristi Noem, et al., No. 1:25-cv-00495, dated December 22, 2025, and Information Bulletin (IB) 540, the amount of funding awarded by this Fiscal Year 2025 Homeland Security Grant Program(HSGP) grant has been amended to reflect the amount set forth in the Notice of Funding Opportunity dated August 1, 2025. Further, the “Summary Description of Award and Subprograms” is amended to read as follows: The purpose of the FY2025 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. This HSGP award consists of State Homeland Security Program (SHSP) funding in the amount of $4,362,750, and Operation Stonegarden (OPSG)funding in the amount of $1,672,000. Article 68 Amended Period of Performance and Budget Period Pursuant to State of Illinois, et al. v. Kristi Noem, et al. (D.RI) and State of Michigan et al. v. Kristi Pursuant to the Permanent Injunction Order issued by the U.S. District Court for the District of Rhode Island in State of Illinois, et al. v. Kristi Noem, et al., No. 1:25-cv-00495, dated December 22, 2025 and the Permanent Injunction Order issued by the U.S. District Court for the District of Oregon in State of Michigan, et al. v. Kristi Noem et al., No 6:25-cv- 02053-AP, dated December 23, 2025, the Agreement Article titled "Period of Performance and Budget Period") of your award package is rescinded. The new Period of Performance and Budget Period for this award is September 1, 2025, to August 31, 2028. Article 69 MT DES Specific Acknowledgements and Assurances Sub-recipients must acknowledge and agree to comply with applicable provisions governing MT DES access to records, accounts, documents, information, facilities, and staff. 1. Sub-recipients must cooperate with any compliance reviews or compliance investigations conducted by MT DES. 2. Sub-recipients must give MT DES access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by MT DES regulations and other applicable laws or program guidance. 3. Sub-recipients must submit timely, complete, and accurate reports to the appropriate MT DES officials and maintain appropriate backup documentation to support the reports. 4. Sub-recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. The State of Montana shall not be liable for any reimbursement amount greater than the award amount available to each sub-recipient. 6. Failure of the sub-recipient to accomplish HSGP objectives may result in the reduction or withholding of funds, or other action, as determined by MT DES. The State of Montana has the right to seek judicial enforcement of these obligations. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 390413 Article 70 Article 71 Article 72 Accruals As established within Montana Operations Manual Policy, accrual documentation is required of all sub-recipients by the Montana Department of Administration, State Financial Services Division, and must be submitted to MT DES no later than the second week of June, or as instructed by MT DES. Authorized Representative As evidenced by the signatures found in the Letter of Obligation, the Sub-Recipient Signatory Official agrees to appoint the Sub-Recipient Authorized Representative to act on behalf of City of Bozeman, Fire Dept.. This individual shall be duly authorized with all necessary powers with regard to the administration and oversight of the 2025 State Homeland Security Program grant, 25HSBZMNHAZ. The Catalog of Federal Domestic Assistance (CFDA) number associated with this grant is 97.067. State Homeland Security Grant Funding Hold There is no program hold on this project for BABAA compliance review. Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 391414 Obligating Document for Award STATE GRANT NUMBER: 25HSBZMNHAZ FEDERAL AGREEMENT NUMBER: EMW-2025-SS-05013 AMENDMENT NUMBER: SUB-RECIPIENT NAME AND ADDRESS: City of Bozeman, Fire Dept. 300 East Oak Street Bozeman, MT 59715 ISSUING STATE OFFICE AND ADDRESS: Montana Disaster and Emergency Services P.O. Box 4789 1956 MT Majo Street Fort Harrison, MT 59636-4789 NAME OF SUB-RECIPIENT AUTHORIZED REPRESENTATIVE: James Short SUB-RECIPIENT AUTHORIZED REPRESENTATIVE CONTACT INFORMATION: james.short@bozemanmt.gov 406-582-7420 EFFECTIVE DATE OF THIS ACTION: 07/24/2026 METHOD OF PAYMENT: EFT NAME AND CONTACT INFORMATION OF MT DES GRANT COORDINATOR: Genny Lighthiser genevieve.lighthiser@mt.gov 406-417-8685 FEDERAL AWARD AMOUNT: $80,000.00 PERIOD OF PERFORMANCE: From: To: 10/01/2025 06/30/2028 Budget Period: From: To: 10/01/2025 06/30/2028 ASSISTANCE ARRANGEMENT: Cost Reimbursement CFDA #: 97.067 SUB-RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE SUB-RECIPIENT AUTHORIZED REPRESENTATIVE (Name and Title) DATE MT DES SIGNATORY (Name, Title and Date) Pam Fruh, Preparedness Program Manager, Authorized Organizational Representative Pam Fruh Digitally signed by Pam Fruh Date: 2026.08.27 12:28:41 -06'00' Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 James Short 9/10/2026Deputy Fire Chief - Operations Josh Waldo 9/10/2026Fire Chief 392415 Docusign Envelope ID: 74067778-5D10-838C-826E-3B735D9892F3 James Short 9/10/2026Deputy Fire Chief - Operations 9/10/2026Fire ChiefJosh Waldo 393416