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HomeMy WebLinkAbout01-28-25 City Commission Agenda and 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. Public Service Announcements
E. FYI
F. Commission Disclosures
G. Consent
G.1 Accounts Payable Claims Review and Approval (Edwards)
G.2 Authorize the City Manager to Sign a Grant Agreement with One Valley Community
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, January 28, 2025
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the
meeting. At the direction of the City Commission, anonymous public comments are not distributed to
the City Commission or staff.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items but you may only comment once per item.
As always, the meeting will be recorded and streamed through the Commission's video page and
available in the City on cable channel 190.
For more information please contact the City Clerks' Office at 406.582.2320.
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
Via Video Conference:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
person
United States Toll
+1 669 900 9128
Access code: 933 7244 1920
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Foundation for Investment in the Regional Housing Coalition(Munfrada)
G.3 Authorize the City Manager to Approve the Assistance to Firefighters Grant Application for
PPE and Quick Response Vehicle Outfitting.(Waldo)
G.4 Authorize the City Manager to Approve the Application Submission to MT Department of
Natural Resources (DNRC) for Branch Out Bozeman: Volunteer Planting Sites and Voucher
Program -Round Two.(Nordquest)
G.5 Authorize the City Manager to Approve the Submission of a Grant Application to MT
Department of Natural Resources for an Urban and Community Forestry Grant for the City
of Bozeman's Urban Forest Management Plan(Nordquest)
G.6 Authorize City Manager to Approve the Bureau of Justice Edward Byrne Memorial Justice
Assistance Grant Award(McNeil)
G.7 Authorize the City Manager to Sign a Professional Services Agreement with Weston
Solutions for Environmental Services on the 2025 Transportation Alternatives Bike/Ped
Project and Pathway Preservation Project(Gamradt)
G.8 Authorize the City Manager to sign a Professional Services Agreement with Jacobs for
Engineering Services to Study the Phosphorous Removal Process in Place at the Water
Reclamation Facility(Kercher)
G.9 Authorize the City Manager to Sign an Agreement with the Montana Department of
Transportation (MDT) for Utilities Relocates Associated with MDT Work on North 7th
Avenue(Kohtz)
G.10 Authorize the City Manager to Execute an Agreement with the Montana Department of
Transportation (MDT) for Utilities Relocates Associated with MDT Work on North 7th
Avenue(Kohtz)
G.11 Authorize the City Manager to Sign a Professional Services Agreement with Advanced
Engineering and Environmental Services, LLC (AE2S) for Integrated Water Resource Plan
Phase 1 Services(Kohtz)
G.12 Authorize City Manager to Sign Professional Services Agreements for Facilities Contractors
Term Contracts(Miller)
G.13 Authorize the City Manager to Sign an Amendment 1 to Professional Service Agreement
with Pioneer Technical Services for Geotechnical Investigation at Bozeman Sports
Park(Jadin)
G.14 Authorize City Manager to Sign a Second Amendment to the Professional Services
Agreement with Human Resource Development Council IX(Munfrada)
G.15 Authorize the City Manager to Sign a Task Order 008 with Sanbell for Design Services for a
North 7th Avenue Pedestrian Crossing(DiTommaso)
G.16 Adopt a Resolution to Authorize Change Order Two for Highland Construction for Glen Lake
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Rotary Park Parking Lot(Jadin)
H. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
I. Special Presentation
I.1 Snow Plowing Odd-Even Parking Pilot Program (Ross)
J. Action Items
J.1 Ordinance 2025-### to Repeal and Replace Division 38.380 of the Bozeman Municipal Code
in Support of Affordable Housing Production(Montana/Fine)
K. FYI / Discussion
L. Adjournment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once per topic. Please note, the City Commission
cannot take action on any item which does not appear on the agenda. All persons addressing the
City Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name, and state whether you are a resident of the city or a
property owner within the city in an audible tone of voice for the record and limit your comments
to three minutes.
Written comments can be located in the Public Comment Repository.
Consider the Motion: Having reviewed and considered the staff report, draft ordinance, public
comment, Economic Vitality Board and Planning Commission recommendations, and all information
presented, I hereby adopt the findings presented in the staff report for application 24529 and move to
approve the proposed Affordable Housing Ordinance 2025, as reflected in the staff report.
City Commission meetings are open to all members of the public. If you have a disability that
requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232.
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
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Memorandum
REPORT TO:City Commission
FROM:Nicole Armstrong, Accounts Payable Clerk
Rhonda Edwards, Accounts Payable Clerk
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of claims as presented.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented
to the City Commission within one year of the date the claims accrued.
Claims presented to the City Commission under this item have been
reviewed and validated by the Finance Department. The Department has
ensured that all goods and services have been received along with necessary
authorizations and supporting documentation. Please provide approval for
checks dated January 29th, 2024.
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
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Memorandum
REPORT TO:City Commission
FROM:Renata Munfrada, Community Housing Program Coordinator
David Fine, Urban Renewal and Housing Program Manager
Brit Fontenot, Director of Economic Development
SUBJECT:Authorize the City Manager to Sign a Grant Agreement with One Valley
Community Foundation for Investment in the Regional Housing Coalition
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Sign a Grant Agreement with One Valley
Community Foundation for Investment in the Regional Housing Coalition
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:One Valley Community Foundation is the convener of the Regional Housing
Coalition (RHC), a cross-sector group of diverse partners and resources that
creates solutions to address the most pressing housing related needs in
Gallatin County. RHC member include elected officials and public sector
leaders, nonprofit affordable housing developers, homeless service
providers, banks, realtors, employers, and more. The RHC is working to
create housing solutions for some of our most at-risk populations.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:$50,000 in grant funding will be made available from the Community
Housing division budget.
Attachments:
RHC Grant Agreement FY2025.pdf
City of Bozeman Grant Request.pdf
Report compiled on: December 3, 2024
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FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition
GRANT AGREEMENT
One Valley Community Foundation Regional Housing Coalition
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and between
the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse
Ave., Bozeman MT 59771 (“City”) as GRANTOR and One Valley Community Foundation, a
non-profit organization located at 865 Technology Boulevard, Suite B, Bozeman, Montana 59718
as GRANTEES.
WHEREAS, on October 17, 2005, the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and
WHEREAS, One Valley Community Foundation submitted a proposal to the City Commission
for a grant of $50,000 to support the Regional Housing Coalition (the “Project”) that would benefit
from the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for a
public purpose benefitting the community with a regional cross-sector group of diverse partners
and resources that creates solutions to address the most pressing housing-related needs in Gallatin
County; and
WHEREAS, on January 28, 2025, the Commission appropriated $50,000 for the Project.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to fifty thousand
dollars ($50,000) from its Community Housing Fund (the “Grant”) pursuant to the payment
terms in Section 3.
2. Use of Grant Funds. Grant funds in the amount of fifty thousand dollars ($50,000) will
be used by GRANTEE for the sole purpose of providing funding to the Regional Housing
Coalition, as described in the proposal submitted by Grantee to the City Commission,
attached hereto as Exhibit A and by this reference incorporated herein.
3. Payment of Grant Funds
a. Grantee may request the Grant funds during the fiscal year ending June 30, 2025,
as needed by providing proof of expenses paid. Acceptable forms of proof of
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FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition
payment shall be as determined in the sole discretion of the City’s Director of
Finance.
b. Any funds from the Grant not awarded during the fiscal year ending June 30, 2025,
will remain in the City’s Community Housing Fund and will be available for other
appropriation.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of GRANTEE’s representations as set forth in Section 4
are true and correct, and (ii) GRANTEE is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in sole the
determination of the City, the City shall have no obligation to make payment and
the City’s determination to refrain from paying, or its inability to pay, any of the
Grant funds shall not be or result in a default of this Agreement.
4. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement and
with all local conditions and federal, state, and local laws, ordinances, rules, and
regulations that in any manner may affect Grantee’s performance under this
Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability to
perform its obligations under this Agreement; that it will perform said obligations
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 for GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to develop and/or provide such other
documentation as requested by the City demonstrating GRANTEE’s compliance with the
requirements of this Agreement. GRANTEE must 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 monies provided to GRANTEE pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. GRANTEE will retain such records for seven years after receipt of final payment
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FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition
under this Agreement unless permission to destroy them is granted by the City. GRANTEE
shall not issue any statements, releases, or information for public dissemination without
prior approval of the City.
6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
the Project.
7. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of this
Agreement and are not to be considered employees or agents of the City for any purpose.
GRANTEE and its agents, employees, contractors, or subcontractors are not subject to the
terms and provisions of the City’s personnel policies handbook and may not be considered
a City employee for workers’ compensation or any other purpose. GRANTEE, its agents,
employees, contractors, or subcontractors, are not authorized to represent the City or
otherwise bind the City in any way.
8. Default and Termination.
a. If GRANTEE fails to comply with any condition of this Agreement at the time or
in the manner provided for, the City may terminate this Agreement if the default is
not cured within fifteen (15) days after written notice is provided to GRANTEE.
The notice will set forth the items to be cured. If this Agreement is terminated
pursuant to this Section, GRANTEE will repay to the City any Grant funds already
delivered to GRANTEE for the Project.
9. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE 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 GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim, within ninety (90) days of the facts and circumstances
giving rise to the claim. In the event GRANTEE fails to provide such notice,
GRANTEE shall waive all rights to assert such claim.
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FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition
10. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall Melissa Hodnett, Finance Director, 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,
GRANTEE may direct its communication or submission to other designated City
personnel or agents and may receive approvals or authorization from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be Mark Bond or such other individual as GRANTEE shall
designate in writing. Whenever direction to or communication with GRANTEE is
required by this Agreement, such direction or communication shall be directed to
GRANTEE’s Representative; provided, however, that in exigent circumstances
when GRANTEE’s Representative is not available, City may direct its direction or
communication to other designated GRANTEE personnel or agents.
11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify, and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third-party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
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).
GRANTEE’s indemnification obligations under this Section shall be without regard to and
without any right to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against GRANTEE
to assert its right to defense or indemnification under this Agreement or under GRANTEE’s
applicable insurance policies required below the indemnitee shall be entitled to recover
reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines GRANTEE was obligated
to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any
portion(s) thereof.
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FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except “responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or negligent”
as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the City
and GRANTEE shall furnish to the City an accompanying certificate of insurance and
accompanying endorsements in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial
General Liability policy. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or
non-renewal. The City must approve all insurance coverage and endorsements prior to
delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2)
business days of GRANTEE’s receipt of notice that any required insurance coverage will
be terminated or GRANTEE’s decision to terminate any required insurance coverage for
any reason.
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FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition
12. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity in
accordance with all applicable state and federal anti-discrimination laws, regulations, and
contracts. GRANTEE 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.
GRANTEE 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). GRANTEE 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.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
13. Public Meetings and Access to Public Records
a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from
the City are subject to the open meeting requirements of Montana law, including those
set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure
compliance, GRANTEE will provide agendas for meetings that pertain to the receipt
or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no
later than 72 working hours prior to meeting for notice on the City’s official posting
board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting
minutes will be kept by GRANTEE and provided to the City Clerk’s office no later
than 90 days after the meeting. These minutes shall be posted and made available to
the public by the City Clerk’s office except for those minutes taken during a closed
meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting
shall also be provided to the City Clerk’s office but shall be handled in accordance with
the City Clerk’s regular executive session protocol and kept private in a secured
cabinet.
b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to
protect and preserve individual confidential or private information, upon reasonable
request and at reasonable times during normal business hours, GRANTEE shall make
such records available for inspection and copying by members of the public.
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FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition
GRANTEE may charge for such copying in accordance with the policies of the City,
which GRANTEE hereby adopts for such purposes.
c. To determine whether a meeting or part of a meeting may be closed to the public and
to determine whether information contained in GRANTEE documents is protected by
law from disclosure, GRANTEE may seek a determination of the City Attorney at no
cost to GRANTEE. Such request and determination shall not create an attorney-client
relationship between GRANTEE and the City.
14. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing party shall be entitled to
reasonable attorney’s fees and costs, including fees, salary, and costs of in-house counsel
to include City Attorney.
15. Integration and Modification. This document contains the entire agreement between the
parties and no statements, promises or inducements made by either party or agents of either
party not contained in this written Agreement may be considered valid or binding. This
Agreement may not be modified except by written agreement signed by both parties.
16. Dispute Resolution
a. Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel
from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested
mediator 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.
17. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including
the right to Grant payments, or any other rights or duties arising hereunder, without the
prior written consent of City.
18. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not the
parties’ intent to confer third party beneficiary rights upon any other person or entity.
19. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
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FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
20. 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.
21. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
22. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
23. 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Chuck Winn, Acting City Manager
City of Bozeman
_______________________ Date: __________
Print name and Title: ___________________________ Bridget Wilkinson, Executive Director Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney City of Bozeman
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City of Bozeman RHC Grant Request | 1Initiative of One Valley Community Foundation
RHC Grant Request
City of Bozeman
ENTITY NAME
One Valley Community Foundation
DOLLAR AMOUNT REQUESTED
$50,000
ENTITY’S PHYSICAL ADDRESS
865 Technology Bvld, Suite B
Bozeman, Montana
59718
NUMBER OF YEARS OF OPERATION AS A NON-PROFIT ORGANIZATION
26 Years
LINK TO MOST RECENT ANNUAL FINANCIAL REPORT
2023 Annual Report (www.onevalley.org/2023-annual-report)
DESCRIPTION OF THE FUNDING REQUEST IN RELATION TO COMMISSION
PRIORITIES AND/OR CITIZEN BENEFIT
One Valley Community Foundation is the convener of the Regional Housing Coalition (RHC): a cross-sector group of
diverse partners and resources that creates solutions to address the most pressing housing-related needs in Gallatin
County. RHC members include elected officials and public sector leaders, nonprofit affordable housing developers,
homeless service providers, banks, realtors, employers, and more. The RHC is working to create housing solutions
for some of our most at-risk populations.
The City is a key partner in this work. After running the workgroup that produced the findings for the City exploring
the potential creation of a public housing authority, the RHC has gone on to partner with City staff and elected
officials around several of the Commission’s priorities.
The RHC’s Unhoused to Housed Initiative is convening the City of Bozeman with every entity that interfaces with our
unhoused populations to develop a single regional strategy, eliminate siloes, and conduct a needs assessment that
will inform where resources should be directed. This Initiative has been prioritized as a crucial component of our
regional response by City staff, the heads of our region’s homeless service providers, and the RHC membership at
large.
The RHC Permanent Affordability Workgroup is bringing City staff together with the region’s key affordable housing
stakeholders to determine how to develop deed-restricted housing faster and more efficiently. This work is essential
to identifying ways to expand future affordable housing development.
The RHC Communications Workgroup is working in partnership with a communications and marketing firm to
develop a comms plan that will ensure that all RHC member organizations can deploy coordinated messaging
around housing so that the public can gain a more informed understanding of the work being done to address the
current housing shortage as well as the factors impacting affordability.
Between the quarterly RHC meetings and multiple workgroups, One Valley and the RHC are providing many
valuable connections and services to the City. This funding request will help ensure that this work continues.
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City of Bozeman RHC Grant Request | 2Initiative of One Valley Community Foundation
OTHER ENTITIES FUNDING HAS BEEN REQUESTED FROM AND OTHER PARTNERS
ASSISTING WITH FUNDING ENTITY (LIST UP TO THREE)
Name #1 - HRDC IX
Amount $ - $10,000/year
Name #2 - Bozeman Health
Amount $ - $20,000
Name #3 - Gallatin Association of Realtors
Amount $ - $20,000
CONTACT INFORMATION FOR ENTITY
Full Name - Mark Bond
Phone - (406) 570-7397
Email Address - mark@onevalley.org
Confirm Email Address - mark@onevalley.org
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Memorandum
REPORT TO:City Commission
FROM:Jamie Grabinski, Grants Coordinator
Steven Thime, Fire Training Officer
Josh Waldo, Fire Chief
SUBJECT:Authorize the City Manager to Approve the Assistance to Firefighters Grant
Application for PPE and Quick Response Vehicle Outfitting.
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Approve the Assistance to Firefighters Grant
Application for PPE and Quick Response Vehicle Outfitting.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:In September 2024, Bozeman Fire Department received a SAFER (Staffing for
Adequate Fire and Emergency Response) grant funding. This application for
an Assistance to Firefighters grant supplements the SAFER grant efforts by
requesting funding for Personal Protective Equipment (PPE) for the
upcoming new Fire Department recruits and by outfitting a Quick Response
Vehicle.
The City of Bozeman's Strategic Plan supports high quality public safety
programs and emergency preparedness. The City's emergency preparedness
efforts align well with FEMA's community preparedness objectives in its
notice of funding opportunity.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:Contact Kaitlin and Jamie prior to finalizing any agenda items related to
grants.
Attachments:
Assistance to Firefighters Grant Routing form_.pdf
FEMAGO -FY25 AFG_Submitted_.pdf
Report compiled on: January 6, 2025
16
Grant Instructions and Grant Routing Form
To ensure appropriate use, consistency and tracking of grants use this set of general
instructions and Grant Routing Form are provided. All grants regardless of amount are required
to be approved by The City of Bozeman Commission prior to receiving the grant award.
Step One: Giving Notice of Intent to Apply
Give notice of your intent to apply for the grant by submitting the Grant Routing Form. Submit
the form via DocuSign* to the appropriate supervisor (typically department Director) and the
Finance Director. Save a copy of the submittal. The grant tracking number field can be left blank
until the grant is awarded.
Per Administrative Order 2014-01 the City Manager and City Commission are required to be
notified within 30 days of all grant applications exceeding $20,000.
Step Two: Obtain Grant Tracking Number for Awarded Grants
Once a grant is awarded, contact the City Clerk’s office at 406-582-2030 to request a grant
tracking number. The official grant acceptance is contingent on City Commission approval.
Step Three: Re-Route for Final Signatures
Insert the grant tracking number on the Grant Routing Form and reroute the form via
*DocuSign for signatures.
Step Four: Commission Approval
Work with Division Director, City Manager, and the City Clerk to get the awarded grant
prepared for City Commission approval. If you need assistance in reviewing the grant terms,
contact the City Attorney’s Office to request a review of the grant terms before placing the item
on the Consent agenda.
All agreements require City Commission authorization regardless of dollar amount.
Agreements will be retained by the City Clerks’ Office.
*Each Division has staff assigned with DocuSign access. Using a single DocuSign “envelope” will
allow the same tracking form to move through the steps of the process and the signature
matrix. Reach out to the City Clerk’s Office for initial assistance sending your envelope.
Grant Not Awarded: If your application is NOT awarded, the application materials must be
retained by the applying department in accordance with Records Retention Schedule 8.
Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
17579
Grant # (issued by City Clerk)
Grant Name
Grant Project Manager Department
Person Responsible for Financial Reporting
Person Responsible for Performance Reporting & Close Out
*Note: this person is also reseponsible for record retention requirements.
Grant Source Federal State Other
CDFA # (Federal Only)Fiscal year of award
Grant Amount Included in Budget?
Match Requirement (%)Budget Account Code
Match Amount
Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur.
Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses?
Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?):
Process Phase / Signature Matrix
City Clerk Commission Date
Notice of Intent
Application
Award/Contract
City Manager
City of BozemanGrant Routing Form
Department Director
(I understand and will carry out the provisions of the grant)
Finance Director
Grant Routing Form May 2023
Describe the nature of the grant and eligible uses:
FEMA Assistance to Firefighters Grant 2025
Jamie Grabinski Fire
Jamie Grabinski
Fire personnel
97.044 2025
547,354.55 No
10.00%010-3120-422-
$ 54,735.45
Yes
Yes
The purpose of the Assistance to Firefighters grant is to enhance the safety of firefighters and
therefore the public with respect to fire and fire-related hazards. The program provides direct
financial assistance to fire departments for training and equipment. The scope of our project
and grant request is to outfit the twelve (12) new SAFER firefighters that we will be onboarding
soon and also equip a Quick Response Vehicle with the necessary medical equipment.
The programmatic and financial grant reporting will be completed via FEMAgo.gov portal. If
awarded an AF grant, there will be an onboarding process.
n/a n/a n/a n/a n/a
01/14/2025
Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
18580
System for Award Management (SAM.gov) profile
Please identify your organization to be associated with this application.
All organization information in this section will come from the System for Award Management (SAM) profile for
that organization.
CITY OF BOZEMAN
Information current from SAM.gov as of:11/04/2024
UEI-EFT:EEAPKALAEM35
DUNS (includes DUNS+4):083705293
Employer Identification Number (EIN):816001238
Organization legal name:CITY OF BOZEMAN
Organization (doing business as) name:
Mailing address:121 N ROUSE AVE BOZEMAN, MT 59715-3740
Physical address:121 N ROUSE AVE BOZEMAN, MT 59715-3740
Is your organization delinquent on any federal debt?N
SAM.gov registration status:Active as of 10/14/2024
We have reviewed our bank account information on our SAM.gov profile to ensure it is up to date
Applicant information
Please provide the following additional information about the applicant.
Applicant name Bozeman Fire Department
Main address of location impacted by this grant
Main address 1 300 East Oak Street
Main address 2 121 N. Rouse Ave.
City Bozeman
State/territory MT
Zip code 59715
12/19/24, 10:27 AM FEMAGO - Manage My Grants
https://go.fema.gov/grant/EMW-2024-FG-06089/application#1/23
Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
19556
Zip extension 1230
In what county/parish is your organization physically
located? If you have more than one station, in what
county/parish is your main station located?
Gallatin County, MT
Applicant characteristics
The Assistance to Firefighters Grants Program's objective is to provide funding directly to fire departments and
nonaffiliated EMS organizations or a State Fire Training Academy for the purpose of protecting the health and
safety of the public and first responder personnel against fire and fire-related hazards. Please review the
Notice of Funding Opportunity Announcement (NOFO) for information on available program areas and for
more information on the evaluation process and conditions of award.
Please provide the following additional information about the applicant.
Applicant type:Fire Department/Fire District
Is this grant application a regional request? A regional
request provides a direct regional and/or local benefit
beyond your organization. You may apply for a
regional request on behalf of your organization and
any number of other participating eligible
organizations within your region.
No
What kind of organization do you represent?All Paid/Career
How many active firefighters does your department
have who perform firefighting duties?
45
How many of your active firefighters are trained to the
level of Firefighter I or equivalent?
45
How many of your active firefighters are trained to the
level of Firefighter II or equivalent?
45
Are you requesting training funds in this application to
bring 100% of your firefighters into compliance with
NFPA 1001?
No
Which of the following standards does your organization meet regarding physicals? If physicals are not
required then do not select any option. (optional)
Meets NFPA or 1582 standard
Meets NTSB or DOT standard
Meets State/Local standard
12/19/24, 10:27 AM FEMAGO - Manage My Grants
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Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
20557
How many members in your department are trained
to the level of EMR or EMT, Advanced EMT or
Paramedic?
45
Does your department have a Community Paramedic
program?
No
How many stations are operated by your department?3
Does your organization protect critical infrastructure
of the state?
Yes
Please describe the critical infrastructure protected
below.
In our First Due Response area, we provide
protection to many critical infrastructures. For
example, in Bozeman School District 7, there are
13 public K-12 schools plus 3 private K-12
schools that are dispersed over a five-mile radius.
In addition to our K-12 schools, we provide fire
protection and EMS response to Montana State
University and Gallatin College which collectively
have an enrollment of approximately 17,000
students annually. Located on the Montana State
University campus is the Brick Breeden
Fieldhouse and the Bobcat Stadium which are two
venues that host sporting events, concerts, large
scale trainings, political events, and other public
gatherings. The Bozeman Fire Department (BFD)
also provides protection to two large healthcare
facilities -Bozeman Health and Billings Clinic plus
smaller health facilities such as Community
Health Partners which is a federally qualified
health center. The Bozeman Fire Department also
protects the Regional Water/Wastewater
Treatment plants, which interfaces with the
Custer Gallatin National Forest, for the City of
Bozeman. And in terms of chemical and
manufacturing facilities, BFD provides protection
for Exxon and Phillips 66 bulk storage and
distribution facility. These facilities are within a
couple of miles of BFD’s fire station 1, but there
are two major transportation facilities located
between BFD and facilities. These two major
transportation facilities include Interstate 90 and
several at grade Burlington Northern Railroad
crossings. BFD also provides fire and EMS
response to both transportation facilities. BFD
participates in mutual aid assistance with other
career departments as well as volunteer
departments. This mutual aid agreement also
12/19/24, 10:27 AM FEMAGO - Manage My Grants
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Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
21558
includes wildland response in addition to the
critical infrastructure listed here. Finally,
according to the Census Bureau’s Population
Estimates program, the City of Bozeman’s
population increased from 2010 to 2020 by 69%
(U.S. Census Bureau QuickFacts: Bozeman city,
Montana). One of the largest industries in the City
for major critical infrastructure is the construction
industry. There is much new construction for BFD
to protect.
Do you currently report to the National Fire Incident
Reporting System (NFIRS)? You will be required to
report to NFIRS for the entire period of the grant.
Yes
Please enter your FDIN/FDID.06001
Do you offer live fire training?Yes
What is the total number of live fire training exercises
conducted per year on average?
4
Operating budget
What is your organizations operating budget (e.g., personnel, maintenance of apparatus, equipment, facilities,
utility costs, purchasing expendable items, etc.) dedicated to expenditures for day-to-day activities for the
current (at time of application) fiscal year, as well as the previous two fiscal years?
Current fiscal year:2025
What percentage of the declared operating budget is
dedicated to personnel costs (salary, benefits,
88
Fiscal Year Operating budget
2025 $9,016,600.00
2024 $8,110,800.00
2023 $6,964,407.00
12/19/24, 10:27 AM FEMAGO - Manage My Grants
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Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
22559
overtime costs, etc.)?
Does your department have any rainy day reserves,
emergency funds, or capital outlay?
Yes
What is the total amount currently set aside?0.00
Describe the planned purpose of this fund.BFD has a capital equipment fund which is
supported by a dedicated property tax levy. The
purpose of this capital fund is to cover the cost of
vehicle replacements, other apparatus, and large
purchases such as radios, SCBAs, and PPE. With
the cost overrun for Fire Station #2, inflation, and
increased demand for services, this fund is in a
deficit. In November 2024, the City levied for a
new bond for recruitment and Fire Station #4. It
was denied by voters and this fund is still in
deficit.
Describe your financial need and how consistent it is
with the intent of the AFG Program. Include details
The City of Bozeman Fire Department is a
municipal fire department serving just over
What percentage of the declared
operating budget is derived from the
following
2025 2024 2023
Taxes 90 100 100
Bond issues 0 0 0
EMS billing 0 0 0
Grants 9 0 0
Donations 0 0 0
Fund drives 0 0 0
Fee for service 1 0 0
Other 0 0 0
Totals 100 %100 %100 %
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Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
23560
describing your organization's financial distress such
as summarizing budget constraints, unsuccessful
attempts to secure other funding, and proving the
financial distress is out of your control.
twenty-one square miles with a permanent
resident population of approximately 57,305
people. On average, the daily population
increases by approximately 21,000 people coming
into the city for work or personal business. The
Fire Department’s operational budget is funded
by the City General Fund primarily through local
property taxes, state shared taxes, and service
billing and grants for the fiscal year 2025 budget.
There is no sales tax in the State of Montana.
Typically for major capital improvement or
operational budget constraints, the City relies on
voter approval for a construction bond or mill
levy. The Bozeman FD has experienced several
budget constraints this year. Two challenges for
Bozeman FD are recruitment and affordable
housing. Most of the budget is spent on
personnel and fringe benefits. Per the collective
bargaining agreement for the current fiscal year,
the fire department’s current base wage increased
by 6.5%, the health insurance cost increased by
5.77%, and basic life insurance increased by 20%.
The City of Bozeman FD has equitable salaries
and benefits compared to peer communities, but
the availability and cost of housing is significantly
more challenging in Bozeman. Often housing
expenses are more than the suggested 30% of
income which makes recruitment difficult.
Another financial setback that Bozeman and
consequently the Fire Department experienced
this year is diminished revenue from newly
taxable property. Local governments are limited
by MT State law to increasing property tax
revenue by half the rate of inflation for the
previous three years, plus new growth.
Essentially this means that new growth in
Bozeman is funding the maintenance of our
current operations, over time resulting in a
reduction in overall level of service. And due to
the rapid growth in Bozeman, Gallatin County,
and many cities in MT, the Montana Department of
Revenue is struggling to keep up with adding new
property onto tax rolls. Meaning newly taxable
value is not being added to the Cities property tax
revenue equation, resulting in lower overall
revenues than we included in the 2025 Biennium
budget. While cost of living, labor expenses and
the demand for public safety services remain
high, the ability to recoup property tax revenue
12/19/24, 10:27 AM FEMAGO - Manage My Grants
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Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
24561
was much less than expected. This budget
shortfall has affected the Fire Department’s
operational abilities. In addition to the tax revenue
constraints, the capital project completed in
September 2024 created a large deficit for the Fire
Department. Located on Montana State University
campus, Bozeman voters approved a $6.73
million general obligation bond in 2021 for the
new fire station. Unfortunately, during that time,
on the heels of Covid, the market was quite
volatile for infrastructure projects, and it was over
$14 million for the new fire station, which has
strained the General Fund overall. Committed to
public safety though, Bozeman approached
voters again on the November 2024 ballot for a
second general obligation bond to build a new fire
station #4. Fire station #4 was estimated at $18
million dollars and planned to be strategically
constructed on the West side of the City where
much of the new growth is occurring. Also, it
would have added 25 firefighters, staff positions,
PPE and supplies. Unfortunately, the bond
measure was not approved. The Bozeman FD
received a SAFER grant in October 2024 which
will help with staffing concerns. However, the
overall financial challenge is increased demand
for services, exponential residential and business
growth in Gallatin County juxtaposed with
resident tax fatigue, challenging housing prices,
and steady inflation rates affecting the cost of
living. Without AFG, the Bozeman FD will require
additional discretionary General Fund dollars to
purchase critical PPE and equipment, resulting in
a need to freeze positions in the General Fund for
Fire and other departments.
In cases of demonstrated economic hardship, and
upon the request of the grant applicant, the FEMA
Administrator may grant an Economic Hardship
Waiver. Is it your organization's intent to apply for an
Economic Hardship Waiver?
No
Other funding sources
This fiscal year, are you receiving Federal funding
from any other grant program for the same purpose
for which you are applying for this grant?
No
12/19/24, 10:27 AM FEMAGO - Manage My Grants
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Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
25562
This fiscal year, are you receiving Federal funding
from any other grant program regardless of purpose?
Yes
Please provide an explanation for other funding sources in the space provided below.
We received a FEMA SAFER grant in October 2024.
Applicant and community trends
Please provide the following additional information about the applicant.
How many vehicles does your organization have in each of the type or class of vehicle listed below? You must
include vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or
otherwise currently under contract for purchase or lease by your organization but not yet in your possession.
Injuries and fatalities 2023 2022 2021
What is the total number of fire-related civilian fatalities in your
jurisdiction over the last three calendar years?
0 0 0
What is the total number of fire-related civilian injuries in your
jurisdiction over the last three calendar years?
0 0 0
What is the total number of line of duty member fatalities in your
jurisdiction over the last three calendar years?
0 0 0
What is the total number of line of duty member injuries in your
jurisdiction over the last three calendar years?
9 15 10
What is the total number of members with self-inflicted fatalities
over the last three years?
0 0 0
Seated riding positions
The number of seated riding positions must be equal or greater than the total number of frontline
and reserve apparatus. If there are zero frontline and zero reserve apparatus, the number of
seated riding positions must be zero..
Type or class of vehicles
Number
of
frontline
apparatus
Number
of reserve
apparatus
Number
of seated
riding
positions
Engines or pumpers (pumping capacity of 750 gallons per minute
(GPM) or greater and water capacity of 300 gallons or more):
pumper, pumper/tanker, rescue/pumper, foam pumper, CAFS
pumper, type I, type II engine urban interface.
2 2 16
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Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
26563
How many ALS Response vehicles are in your fleet?3
Is your department facing a new risk, expanding
service to a new area, or experiencing an increased
call volume?
Yes
Please explain how your department is facing a new
risk, expanding service to a new area, or
experiencing an increased call volume.
The Bozeman Fire Department (BFD) has
operated with three fire stations, housing a
Battalion, two engines, and a truck since 2009.
The City continues to experience significant
population growth and development. In calendar
year 2024, the City of Bozeman has annexed 165
acres with four more developments pending
approval. With this annexation and additional
developments, the service area has expanded to
the west and southwest sides of the City
increasing our response time. As part of the 2022-
2024 BFD Strategic Plan, the department is
implementing a Quick Response Vehicle to meet
operational needs of the increased response time.
Type or class of vehicles
Number
of
frontline
apparatus
Number
of reserve
apparatus
Number
of seated
riding
positions
Ambulances for transport and/or emergency response.2 0 4
Tankers or tenders (water capacity of 1,000 gallons or more).0 0 0
Aerial apparatus: aerial ladder truck, telescoping, articulating,
ladder towers, platform, tiller ladder truck, quint.
1 0 4
Brush/quick attack (pumping capacity of less than 750 GPM and
water carrying capacity of at least 300 gallons): brush truck, patrol
unit (pickup w/ skid unit), quick attack unit, mini-pumper, type III
engine, type IV engine, type V engine, type VI engine, type VII
engine.
2 0 6
Rescue vehicles: rescue squad, rescue (light, medium, heavy),
technical rescue vehicle, hazardous materials unit.
1 0 4
Additional vehicles: EMS chase vehicle, air/light unit, rehab units,
bomb unit, technical support (command, operational
support/supply), hose tender, salvage truck, ARFF (aircraft rescue
firefighting), command/mobile communications vehicle.
1 0 2
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Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
27564
Community description
Please provide the following additional information about the community your organization serves.
Type of jurisdiction served City
What type of community does your organization
serve?
Suburban
What is the square mileage of your first due response
zone/jurisdiction served?
21
What percentage of your primary response area is
protected by hydrants?
95
What percentage of your primary response area is for the following:
Percentage
(must sum to
100%)
Agriculture, wildland, open space, or undeveloped properties 5
Commercial and industrial purposes 25
Residential purposes 70
Total 100
What is the permanent resident population of your
first due response zone/jurisdiction served?
57305
Do you have a seasonal increase in population?Yes
What is your seasonal increase in population (number
of people)?
2000000
Please describe your organization and/or community
that you serve.
Geographically, Bozeman Fire Department is
located in south central Montana, adjacent to the
Missouri River Headwaters valley with mountains
surrounding the area. The Bridger Mountain range
is to the northeast, Hyalite Canyon to the South,
and Gallatin Canyon to the Southwest,
collectively all are in the Custer Gallatin National
Forest. The Bozeman Fire Department is located
along U.S. Interstate 90 which is heavily traveled
daily. Lastly, this area of Gallatin County is home
to the Yellowstone International Airport which is
the busiest airport (bozemanairport.com) in the
State bringing many travelers to the area.
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Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
28565
Bozeman is the fourth largest city in Montana and
is the county seat for Gallatin County. Bozeman is
a continuously growing community. In the 2023
census (Montana Cities by Population (2024)),
Bozeman’s population was 57,305. Since 2020,
Bozeman has experienced a four percent increase
in population on average each year. During 2018-
2020, Bozeman was deemed the fastest growing
micropolitan statistical area in the U.S. In addition
to the permanent resident population,
approximately 21,000 people commute into the
City for work or personal business daily.
Bozeman is also home to Montana State
University which has an annual student
population of approximately 17,000 students per
year (Fall Headcount Enrollment History -
University Data & Analytics | Montana State
University). And finally, Bozeman is a recreation
hub offering world class hunting, fishing, skiing,
hiking, biking, camping and outdoor recreation,
and the recreational opportunities bring many
visitors to the City weekly. The Bozeman Fire
Department, organized in 1884, currently has
three stations. Fire Station #1 is located just
northeast of the downtown city center; Fire
Station #2 is located on Montana State University
campus; and, Fire Station #3 is centrally located.
The Department employs 45 line personnel that
provide structural and wildland firefighting
capabilities, EMS, hazardous materials response,
technical rescue, unmanned aerial systems,
public education, and fire prevention. The FD has
9 response apparatus. Within the City’s
boundaries, Interstate 90 separates sections of
the City to the north from the south. Also, U.S.
Route 191 runs east to west through the center of
Downtown Bozeman which many semi-trucks
travel daily presenting unsafe situations near
pedestrians. Within 15 miles of fire station #1,
there is the Bridger Bowl Ski area which brings
many visitors to the area, sometimes during
hazardous weather conditions. And
approximately nine miles away, there is the
Bozeman Yellowstone International Airport where
the fire department provides mutual aid to Central
Valley Fire District. With the SAFER grant
awarded in October 2024, the Bozeman Fire
Department is on target to recruit twelve new line
firefighters by March 2028. This addition will
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Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
29566
greatly help with the City’s largest challenge -
growth. As the City continues to annex new area
further west for extensive development and
construction (https://www.foxbusiness.com/real-
estate/bozeman-montana-home-booming-real-
estate-market), the Department is challenged with
increased service demands and increased
response time.
Call volume
Summary 2023 2022 2021
Fire - NFIRS Series 100 69 89 103
Overpressure Rupture, Explosion, Overheat (No Fire) - NFIRS Series 200 6 6 3
Rescue & Emergency Medical Service Incident - NFIRS Series 300 2283 2714 2716
Hazardous Condition (No Fire) - NFIRS Series 400 361 272 213
Service Call - NFIRS Series 500 331 282 311
Good Intent Call - NFIRS Series 600 554 621 452
False Alarm & Falls Call - NFIRS Series 700 577 670 541
Severe Weather & Natural Disaster - NFIRS Series 800 0 7 1
Special Incident Type - NFIRS Series 900 8 7 7
Total 4189 4668 4347
Fire
How many responses per year per category?2023 2022 2021
"Structure Fire" (Of the NFIRS Series 100 calls, NFIRS Codes 111-120)35 50 58
"Vehicle Fire" (Of the NFIRS Series 100 calls, NFIRS Codes 130-138)10 11 8
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30567
How many responses per year per category?2023 2022 2021
"Vegetation Fire" (Of the NFIRS Series 100 calls, NFIRS Codes 140-143)7 13 18
Total 52 74 84
Total acreage per year 2023 2022 2021
Total acreage of all vegetation fires 2 2 3
Rescue and emergency medical service incidents
How many responses per year per category?2023 2022 2021
"Motor Vehicle Accidents" (Of the NFIRS Series 300 calls, NFIRS Codes 322-
324)
307 334 411
"Extrications from Vehicles" (Of the NFIRS Series 300 calls, NFIRS Code
352)
2 9 6
"Rescues" (Of the NFIRS Series 300 calls, NFIRS Code 300, 351, 353-381)28 21 18
EMS-BLS Response Calls 0 0 0
EMS-ALS Response Calls 1939 2350 2281
EMS-BLS Scheduled Transports 0 0 0
EMS-ALS Scheduled Transports 0 0 0
Community Paramedic Response Calls 0 0 0
Total 2276 2714 2716
Mutual and automatic aid
How many responses per year per category?2023 2022 2021
Amount of times the organization received Mutual Aid 0 0 0
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31568
How many responses per year per category?2023 2022 2021
Amount of times the organization received Automatic Aid 5 8 5
Amount of times the organization provided Mutual Aid 0 0 0
Amount of times the organization provided Automatic Aid 12 17 24
Of the Mutual and Automatic Aid responses, amount that were structure fires 17 39 51
Total 34 64 80
Grant request details
Are you requesting a Micro Grant? A Micro Grant is
limited to $75,000 in federal resources.
No
Grand total: $602,090.00
Program area: Operations and safety
Activity: Personal Protective Equipment (PPE)$215,440.00
Activity: Equipment $386,650.00
Grant request summary
The table below summarizes the number of items and total cost within each activity you have requested
funding for. This table will update as you change the items within your grant request details.
Grant request summary
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https://go.fema.gov/grant/EMW-2024-FG-06089/application#14/23
Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
32569
Is your proposed project limited to one or more of the following activities : Planning and development of
policies or processes. Management, administrative, or personnel actions. Classroom-based training.
Acquisition of mobile and portable equipment (not involving installation) on or in a building.
Yes
Activity Number of items Total cost
Personal Protective Equipment
(PPE)
12 $215,440.00
Equipment 10 $386,650.00
Total 22 $602,090.00
Budget summary
Budget summary
Object class categories Total
Personnel $0.00
Fringe benefits $0.00
Travel $0.00
Equipment $471,000.00
Supplies $131,090.00
Contractual $0.00
Construction $0.00
Other $0.00
Total direct charges $602,090.00
Indirect charges $0.00
TOTAL $602,090.00
Non-federal resources
Applicant $54,735.45
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Object class categories Total
State $0.00
Other sources $0.00
Remarks
Total Federal and Non-federal resources
Federal resources $547,354.55
Non-federal resources $54,735.45
TOTAL $602,090.00
Program income $0.00
Contact information
Did any individual or organization assist with the development, preparation, or review of the application to
include drafting or writing the narrative and budget, whether that person, entity, or agent is compensated
or not and whether the assistance took place prior to submitting the application?
Yes
Application participants
Please add all individuals or organizations who assisted with the application.
Include all individuals or organizations who assisted with the development, preparation, or review of the
application to include drafting or writing the narrative and budget, whether that person, entity, or agent is
compensated or not and whether the assistance took place prior to submitting the application or not.
Jamie Grabinski
jgrabinski@bozeman.ne
Primary phone
4065822364
Work
Mailing address
121 N. Rouse Ave.
Bozeman MT 59715
1230
Fax
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Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B
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Secondary point of contact
Please provide a secondary point of contact for this grant.
The Authorized Organization Representative (AOR) who submits the application will be identified as the
primary point of contact for the grant. Please provide one secondary point of contact for this grant below.
The secondary contact can be members of the fire department or organizations applying for the grant that
will see the grant through completion, are familiar with the grant application, and have the authority to
make decisions on and to act upon this grant application. The secondary point of contact can also be an
individual who assisted with the development, preparation, or review of the application.
MR Steven Thime
Training Officer
sthime@bozeman.net
Primary phone
4065822354
Work
Additional phones
4065703920
Mobile
Fax
Assurance and certifications
SF-424B: Assurances - Non-Construction Programs
OMB Number: 4040-0007
Expiration Date: 02/28/2025
Certain of these assurances may not be applicable to your project or program. If you have any questions,
please contact the awarding agency. Further, certain Federal awarding agencies may require applicants
to certify to additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay the non-Federal share of project cost) to
ensure proper planning, management and completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the
State, through any authorized representative, access to and the right to examine all records, books,
papers, or documents related to the award; and will establish a proper accounting system in
accordance with generally accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or personal
OMB number: 4040-0007, Expiration date: 02/28/2025 View burden statement
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gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the
awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to
prescribed standards for merit systems for programs funded under one of the 19 statutes or
regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel
Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited
to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as
amended (20 U.S.C.§§1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug
Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of
1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing; any other
nondiscrimination provisions in the specific statute(s) under which application for Federal
assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which
may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which
provide for fair and equitable treatment of persons displaced or whose property is acquired as a
result of Federal or federally-assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-
7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and
Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood
hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act of
1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant
to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved
State management program developed under the Coastal Zone Management Act of 1972 (16
U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
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amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species
Act of 1973, as amended (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of
historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
§§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.
§§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for
research, teaching, or other activities supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the
Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local
Governments, and Non-Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations,
and policies governing this program.
19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA)
of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient
from (1) Engaging in severe forms of trafficking in persons during the period of time that the award
is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or
(3) Using forced labor in the performance of the award or subawards under the award.
Certifications regarding lobbying
OMB Number: 4040-0013
Expiration Date: 02/28/2025
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting 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
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions.
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3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting 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 this commitment providing for the
United States to insure or guarantee a loan, the undersigned shall complete and submit Standard
Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. Submission of
this statement is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
SF-LLL: Disclosure of Lobbying Activities
OMB Number: 4040-0013
Expiration Date: 02/28/2025
Complete only if the applicant is required to do so by 44 C.F.R. part 18. Generally disclosure is required
when applying for a grant of more than $100,000 and if any funds other than Federal appropriated funds
have been paid or will be paid to any person for influencing or attempting 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 this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions. Further, the recipient shall file a disclosure form at the end of each
calendar quarter in which there occurs any event described in 44 C.F.R. § 18.110(c) that requires
disclosure or that materially affects the accuracy of the information contained in any disclosure form
previously filed by the applicant.
The applicant is not currently required to submit the SF-LLL.
1. Type of federal action:grant
2. Status of federal action:bid/offer/application
3. Report type:initial filing
4. Name and address of reporting entity:Prime
OMB number: 4040-0013, Expiration date: 02/28/2025 View burden statement
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Name City of Bozeman Fire Department
Street 1 300 East Oak Street
Street 2 121 N. Rouse Ave.
City Bozeman
State MT
Zip 59715
Zip Ext 1230
Congressional district, if known:MT-01
6. Federal department/agency:Homeland Secuirty
7. Federal program name/description:Assistance to Firefighters Grant Program
CFDA number, if applicable:97.044
8. Federal action number, if known:
9. Award amount, if known:$0.00
10a. Name and address of lobbying registrant:
Prefix
First name n/a
Middle name
Last name n/a
Suffix
Street 1 n/a
Street 2
City n/a
State MT
Zip 59715
Zip Ext
10b. Individual performing services: (including address if different from No. 10a)
Prefix
First name n/a
Middle name
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Last name n/a
Suffix
Street 1
Street 2
City
State
Zip
Zip Ext
11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure
of lobbying activities is a material representation of fact upon which reliance was placed by the tier above
when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352.
This information will be reported to the Congress semi-annually and will be available for public inspection.
Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Notice of funding opportunity
I certify that the applicant organization has consulted the appropriate Notice of Funding Opportunity and
that all requested activities are programmatically allowable, technically feasible, and can be completed
within the award's Period of Performance (POP).
Accuracy of application
I certify that I represent the organization applying for this grant and have reviewed and confirmed the
accuracy of all application information submitted. Regardless of intent, the submission of information that
is false or misleading may result in actions by FEMA that include, but are not limited to: the submitted
application not being considered for award, enforcement actions taken against an existing award pending
investigation or review, or referral to the DHS Office of Inspector General.
Authorized Organizational Representative for the grant
By signing this application, I certify that I understand that inputting my password below signifies that I am
the identified Authorized Organization Representative for this grant. Further, I understand that this
electronic signature shall bind the organization as if the application were physically signed and filed.
Authorization to submit application on behalf of applicant
organization
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By signing this application, I certify that I am either an employee or official of the applicant organization
and am authorized to submit this application on behalf of my organization; or, if I am not an employee or
official of the applicant organization, I certify that the applicant organization is aware I am submitting this
application on its behalf, that I have written authorization from the applicant organization to submit this
application on their behalf, and that I have provided contact information for an employee or official of the
applicant organization in addition to my contact information.
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Memorandum
REPORT TO:City Commission
FROM:Jamie Grabinski, Grants Coordinator
Alex Nordquest, Forestry Division Manager
SUBJECT:Authorize the City Manager to Approve the Application Submission to MT
Department of Natural Resources (DNRC) for Branch Out Bozeman:
Volunteer Planting Sites and Voucher Program -Round Two.
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Approve the Application Submission to MT
Department of Natural Resources (DNRC) for Branch Out Bozeman:
Volunteer Planting Sites and Voucher Program -Round Two.
STRATEGIC PLAN:6.6 Habitat: Work with partner organizations to identify at-risk,
environmentally sensitive parcels contribute to water quality, wildlife
corridors, and wildlife habitat.
BACKGROUND:The City of Bozeman is eligible to apply to the MT Department of Natural
Resources Inflation Reduction Act grant program. The City of Bozeman's
strategic plan objective 6.6 Habitat to work with partner organizations to
identify at-risk, environmentally sensitive parcels contribute to water quality,
wildlife corridors, and wildlife habitat aligns well with the goals of this
federal funding opportunity. Through the Branch Out Bozeman program, the
Forestry Division will partner with the Gallatin Watershed Council and
private landowners via vouchers to plant more trees, contribute to the
urban forest, and reduce the urban heat island effect. This opportunity
requests a second round of funding for the voucher program that is
underway.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:Contact Kaitlin and Jamie prior to finalizing any agenda items related to
grants.
Attachments:
Complete_with_Docusign_FY25_DNRC_IRA_Grant_a.pdf
Report compiled on: January 6, 2025
42
43
Grant Instructions and Grant Routing Form
To ensure appropriate use, consistency and tracking of grants use this set of general
instructions and Grant Routing Form are provided. All grants regardless of amount are required
to be approved by The City of Bozeman Commission prior to receiving the grant award.
Step One: Giving Notice of Intent to Apply
Give notice of your intent to apply for the grant by submitting the Grant Routing Form. Submit
the form via DocuSign* to the appropriate supervisor (typically department Director) and the
Finance Director. Save a copy of the submittal. The grant tracking number field can be left blank
until the grant is awarded.
Per Administrative Order 2014-01 the City Manager and City Commission are required to be
notified within 30 days of all grant applications exceeding $20,000.
Step Two: Obtain Grant Tracking Number for Awarded Grants
Once a grant is awarded, contact the City Clerk’s office at 406-582-2030 to request a grant
tracking number. The official grant acceptance is contingent on City Commission approval.
Step Three: Re-Route for Final Signatures
Insert the grant tracking number on the Grant Routing Form and reroute the form via
*DocuSign for signatures.
Step Four: Commission Approval
Work with Division Director, City Manager, and the City Clerk to get the awarded grant
prepared for City Commission approval. If you need assistance in reviewing the grant terms,
contact the City Attorney’s Office to request a review of the grant terms before placing the item
on the Consent agenda.
All agreements require City Commission authorization regardless of dollar amount.
Agreements will be retained by the City Clerks’ Office.
*Each Division has staff assigned with DocuSign access. Using a single DocuSign “envelope” will
allow the same tracking form to move through the steps of the process and the signature
matrix. Reach out to the City Clerk’s Office for initial assistance sending your envelope.
Grant Not Awarded: If your application is NOT awarded, the application materials must be
retained by the applying department in accordance with Records Retention Schedule 8.
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
44546
Grant # (issued by City Clerk)
Grant Name
Grant Project Manager Department
Person Responsible for Financial Reporting
Person Responsible for Performance Reporting & Close Out
*Note: this person is also reseponsible for record retention requirements.
Grant Source Federal State Other
CDFA # (Federal Only)Fiscal year of award
Grant Amount Included in Budget?
Match Requirement (%)Budget Account Code
Match Amount
Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur.
Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses?
Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?):
Process Phase / Signature Matrix
City Clerk Commission Date
Notice of Intent
Application
Award/Contract
City Manager
City of BozemanGrant Routing Form
Department Director
(I understand and will carry out the provisions of the grant)
Finance Director
Grant Routing Form May 2023
Describe the nature of the grant and eligible uses:
MT DNRC Urban & Community Forestry Inflation Reduction Act Grant
Alex Nordquest Parks & Rec (Forestry Div)
Alex Nordquest/Jamie Grabinski
Alex Nordquest
10.727 FY2025
$20,000 No
0.00%112-7710-454-20-99
Yes
No
Available through the MT Department of Natural Resources, Urban and Community Forestry,
this grant application request is for a second round of funding to purchase trees and offer a
voucher program for our community engagement inititative, Branch Out Bozeman. The
vouchers will reimburse tree planting on eligible private property. Eligible uses of funds include
the purchase of trees and vouchers.
Grant reporting and requests for reimbursement is completed via an online portal Submittable.
n/a n/a n/a n/a n/a
1/14/2025
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
45547
Montana DNRC Grants Powered by Submittable
Title City of Bozeman Forestry
Division
by Alex Nordquest in Forestry - UCF IRA FY25
anordquest@bozeman.net
01/02/2025
id. 49223484
Original Submission 01/02/2025
1. Organization Information
1.1. Organization
Name
City of Bozeman Forestry Division
1.2. Has the
organization received
any DNRC Forestry
grants or subawards
previously?
No
2. Applicant Information The person completing this application. By default,
of Submittable, the person submitting this application will be the point of
contact for future communications such as reports and requests for
reimbursement for the life of this grant. You may collaborate with others to
complete the application and future forms, but you will be responsible for
the final submission of them. HERE are the instructions for collaborating
with others for this application.
2.1. Your name Alex
Nordquest
2.2. Your Phone +14065823225
2.3. Your Email anordquest@bozeman.net
2.4. Provide a
Secondary Contact
for the project.
Jamie
Grabinski
2.5. Secondary
Contact Phone
+14065822364
2.6. Secondary
Contact Email
jgrabinski@BOZEMAN.NET
3. Project Elements
3.1. Project Name Branch Out Bozeman: Volunteer Planting Sites and Voucher Program -
Round Two
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
46548
3.2. Project Location Throughout City of Bozeman CEJST and EJ Map Layers
3.3. Map of Project Location
IRA_Round_Two_Bozeman_Tree_Planting_within_Disadvantaged_Map.pdf
All applicants must upload a PDF from the Montana Urban and Community
Forestry Grant Tool that shows the location of the project.
3.4. Is the proposed
project located
entirely in a
disadvantaged area?
Yes
3.5. Have you
contacted your
DNRC Service
Forester?
Yes
3.5.1. Foresters
Name
Elias Davis
4. Project Description
4.1. Project
Description - Provide
2-3 pargraphs that
summarize your
project.
The City of Bozeman's Forestry Division received funding in the initial IRA
grant program to support tree planting projects. This effort is ongoing and
focuses on both volunteer planting sites and a voucher to discount planting
on private property. Planting more trees and educating the community are
major goals of our partnership with local nonprofit Gallatin Watershed
Council, which we're calling Branch Out Bozeman: Urban Forest Network.
We're seeking additional grant funding to strengthen this program. A
second round of planting and vouchers would allow us to reach more
residents in disadvantaged areas. We've identified several public parks &
boulevards for planting projects, and more residents could take advantage
of the voucher system to assist with the cost of planting trees on their own
property.
5. Existing Program Resources
5.1. Do you have a
tree inventory?
Yes
5.1.1. How does your
tree inventory tie to
the project?
We'd record any tree planting within city parks and boulevards on our
inventory system. We maintain an active record of over 27,000 trees,
noting new planting, various types of pruning, and removals. Trees planted
on private property through the voucher program would not be included, but
can be accounted for in future canopy assessments.
5.1.2. Upload your Tree Inventory
BozemanTreeInventory_20241223.xlsx
5.2. Do you have an
urban forest
management plan?
Yes
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
47549
5.2.1. How does your
urban forest
management plan tie
into the project?
Our management plan specifically focuses on Community Engagement and
increasing Species Diversity. We can address both items through this
project. We couldn't conduct additional plantings without volunteers, and
the voucher offers incentives for residents to plant trees at their homes.
For both programs, we can focus on tree species that are most impactful
for increasing species diversity.
5.2.2. Upload your Urban Forest Management Plan.
Bozeman_Urban_Forestry_Management_Plan.pdf
5.2.3. Is the project
located in a Tree City
USA community?
Yes
6. Federal & State Program Goals
6.1. How does your
project align with the
state and federal
program goals?
Choose all that
apply.
1. Advance public education and understanding for the social, economic,
environmental and aesthetic values of trees, forests and related resources
in communities.
2. Climate change mitigation and adaptation.
3. Expand opportunities, resources and access for underserved and at-risk
populations and communities.
4. Advance tree inventory and assessment information.
5. Promote urban forestry planning and tree management plans including
broadening community engagement.
6. Develop and encourage the profession of urban forestry through
technology transfer, education and training.
7. Increase the biodiversity, health and resilience of trees in urban and
community forests through best maintenance and management practices.
6.1.1. Explain how
the project advances
public education and
understanding for the
social, economic,
environmental and
aesthetic value of
trees, forests and
related resources in
communities.
Every volunteer planting is a chance to engage our community. We use the
opportunity to explain key benefits provided by new trees - shade for
playgrounds, grass, and buildings; biodiversity for a resilient landscape,
improved stormwater and erosion effects, and beautification.
The voucher program includes educational materials explaining the benefits
of trees. Particular focus is given to planting orientation - that trees to the
southern and western edge of the property are crucial for blocking intense
summer sun, reducing cooling demands on housing that often lacks air
conditioning.
6.1.2. Explain how
the project advances
climate change
mitigation and
adaptation.
All efforts through Branch Out Bozeman are focused on 3 main
environmental goals: improving water quality, addressing tree equity, and
reducing the urban heat island effect. This project will target areas where
new trees will maximize their impacts for climate change concerns.
Volunteer planting sites will be selected based on these criteria and the
voucher program will focus on residents living in areas most vulnerable to
climate change.
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
48550
6.1.3. Explain how
the project expands
opportunities,
resources and
access for
underserved and at-
risk populations and
communities.
The grant project would be fully within Bozeman's CEJST and EJ
disadvantaged areas. We'd be hosting volunteer events that are free and
open to the public, while the voucher offers educational resources and
incentives to purchase trees that may otherwise be cost prohibitive for
those on restricted budgets. The vouchers would offer $100 off the price of
a tree, with minimum standards on size and species to maximize the
efficacy of new plantings.
6.1.4. Explain how
the project advances
tree inventory and
assessment
information.
The Forestry Division adds all new volunteer plantings to our citywide
inventory. Every volunteer event is an opportunity to explain this powerful
management tool, and volunteers feel empowered that they've personally
contributed to the urban forest. The inventory is displayed on the City's
website, allowing for residents to navigate the map and learn more about
trees near their homes and parks.
While trees planted in the voucher program won't be included in the
inventory, Gallatin Watershed Council will track vouchers redeemed and
contact residents for planting site details.
6.1.5. Explain how
the project promotes
urban forestry
planning and tree
management plans,
including broadening
community
engagement.
We've accomplished many of the main goals from our 2016 Urban Forest
Management Plan, but our community engagement has been lacking. Our
plan recommends we "establish a healthy and vibrant relationship between
the community and Bozeman's Forestry Division", and this goal is only
possible with community partners like the Gallatin Watershed Council.
Further grant funding would allow us to continue volunteer efforts and our
new voucher program.
6.1.6. Explain how
the project develops
and encourages the
profession of urban
forestry through
technology transfer,
education and
training.
The Forestry Division focuses heavily on its routine responsibilities
(pruning, removals, storm response) and has limited capacity for other
ways to engage residents. Volunteer events are an excellent way to
personally interact with the community and teach people the benefits of
trees. Continuing the voucher program would increase our impact on the
private landscape and ensure that participating vendors are sharing our
messaging.
6.1.7. Explain how
the project increases
the biodiversity,
health and resilience
of trees in urban and
community forests
through best
maintenance and
management
practices.
Our tree planting is always focused on increasing species diversity, but it's
also a chance to emphasize other details for tree health. The importance of
watering, mulch, trunk guards, and staking are all included in discussion &
materials. Both of these programs allow us to explain our current
overreliance on Ash and Maples and the importance of alternative species
for our urban environment. An important aspect to educate the public on is
the necessity of introduced, non-native species that are perfectly suitable
for the Bozeman area.
7. Project Personnel
7.1. List the Project
Personnel
I would like to use the provided table for my project personnel information.
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
49551
7.1.1. Provided Project Personnel Table
Project Personnell List.xlsx
7.2. Supplemental
Information - Project
Personnel Narrative.
If desired, use this
space to explain or
expand on the
Personnel
information.
Alex Nordquest - Alex would be heavily involved with this project, working
directly with GWC staff to select planting sites within the disadvantaged
map. This would include both park spaces and street boulevards lacking
tree canopy. He would also contribute to any revisions of the previous
grants' voucher design & implementation.
Forestry Staff - Wynn, Amy, Jesse, and Luke would contribute when it's
time to purchase/deliver trees on volunteer days. They've also provided
valuable input on potential sites within the disadvantaged map layers. Staff
involvement with planting events would be minimized to simply dropping off
trees and supplies, as most volunteer events with be led by GWC off-
hours.
Lilly McLane - Lilly would be heavily involved, directly assisting in the
selection of planting sites and leading creation of the voucher program.
Tess Parker - Tess is GWC's lead for volunteer events of all kinds. She's
participated in several Forestry events and has the expert knowledge
necessary to lead volunteers through the details of a successful tree
planting.
8. Leveraging Local Support and Outreach
8.1. List local groups
and people
supporting the project
with in-kind
contributions and
volunteering time.
I would like to use the provided table for my Leveraging Local Support and
Outreach information.
8.1.1. Provided table for Leveraging Local Support and Outreach.
Leveraging Support List.xlsx
8.2. Supplemental
Information -
Leveraging Support
Narrative. If desired,
use this space to
explain or expand on
the Leveraging
Support List.
The local support lists includes several potential partners. Our planting
sites aren't finalized for this project yet, but all partners listed have
participated in previous events with either time or donations. Further local
support could expand with increased awareness and outreach.
9. Project Work Plan and Schedule
9.1. Outline the
Project Work Plan
and Schedule
I would like to use the provided table for my Project Work Plan and
Schedule.
9.1.1. Provided Table for Work Plan and Schedule
TableTemplate.xlsx
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
50552
9.2. Supplemental
Information - Project
Work Plan and
Schedule Narrative.
If desired, use this
space to explain or
expand on the
Project Plan and
Schedule.
Volunteer planting sites would be selected for 2025, with the process
repeated for 2026 and possibly 2027 (May-June) if needed. Gallatin
Watershed Council staff will provide outreach and advertising to announce
events and conduct volunteer signups and waivers.
Once vouchers are distributed (likely summer of 2026 for this grant), GWC
staff would track redeemed vouchers and provide follow-up with residents.
This would include information on the location of trees planted and resident
commitments to watering and other key maintenance items for healthy
trees.
9.3. Does your
project include tree
planting?
Yes
9.3.1. Upload your 3-year tree establishment plan.
Branch_Out_Bozeman_-_3_Year_Tree_Establishment_Plan.docx
9.4. Does your
project include a tree
planting cost-share
program?
Yes
10. Project Monitoring and Effectiveness
10.1. Describe how
your project will meet
the needs of and
specifically benefit
the disadvantaged
community and
population where the
project is located.
Outline long-term
results, outputs and
deliverables.
This project would provide direct benefits to the community within
Bozeman's CEJST and EJ mapped areas. We're specifically targeting
parks and boulevards within this area for our volunteer projects, and the
voucher program will only be available to residents within the mapped area.
All volunteer plantings will be added to our tree inventory and reflected on
map layers for the Branch Out Bozeman website. Annual maintenance and
tree inspections would be conducted by Forestry staff. We'd also track all
redeemed vouchers and display metrics on those plantings (distribution,
species, etc.). These map layers would be open to the public on the Branch
Out Bozeman website, developing into year-over-year measurements of
the project's success.
10.2. Describe any
potential challenges
that could impact the
project.
Any staff turnover (from either the Forestry Division or Gallatin Watershed
Council) would impact this project. However, the central goals & methods of
the effort would be recorded by both parties to ensure continuity.
Another challenge could be volunteer commitment. Failure of volunteers to
actually attend their scheduled events, or in fewer numbers than promised,
would make completion of planting events more difficult. Inclement weather
may lead to rescheduling of events and complicate the limited window for
successful planting given Bozeman's hot and dry summers. For the voucher
program, we don't know how much demand to expect. Another round of 50
vouchers through this grant may not be enough to satisfy interest.
11. Budget
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
51553
Check "More
Information" to learn
about direct and
indirect costs.
More Information
Direct costs are those that are directly and only related to a project. For
example: the hours that the organizations forester spends on a particular
project, similarly the miles that are driven by the forester to the project
location. If a mailing is part of the project, the cost of printing, envelopes
and stamps are considered direct costs. Indirect costs are those that are
not directly and only related to a specific project but are spread across the
entire organization or several projects. Examples are: rent for the office,
the electric bill for the organization. Salary/wages/benefits can be
assessed to indirect costs as well, such as an accountant who handles the
accounting for the entire organization and does not track how their hours
are spent. Indirect costs are not itemized but are instead paid at a
percentage of the Direct costs. Organizations can negotiate a rate with the
federal government if they are directly awarded federal funds. This is called
a Negotiated Indirect Cost Rate Agreement (NICRA.) Organizations with a
NICRA are eligible to request their full percentage rate for any award that
comes from federal funds. They can request a smaller rate, but never more
than the NICRA. Organizations without a NICRA are eligible to request
Indirect Costs at the de minimis rate of 15%. You can request less than
15% but unless you have a NICRA, you cannot request more than 15%.
11.1. Are you
requesting indirect
costs for this
project?
No
Budget Table Instructions IRA Funds- No Match Required 1. Download the
Project Budget Table Worksheet. 2. Save the budget table worksheet to
your local drive. 3. Complete your budget. Use only numbers in the
columns. For example, do not use "/hour" or "per hour", it will cause the
formulas to fail. 4. Upload completed budget table worksheet below. Rows
and columns of the budget table worksheet should tabulate for you.
However, please review your math and totals.
11.2. Upload Completed Project Budget Table
City_of_Bozeman_-_UCF_IRA_FY25_-_Budget_Table.xlsx
11.3. Total Funds
Requested.
20000
12. Supporting Documentation
12.1. Supplemental
Information - Upload
any supporting
documentation you
would like included in
the application.
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
52554
13. Certification and Authorization to Sign
13.1. Certification
and Authority to Sign
Yes, I am authorized to sign this application on behalf of the organization I
represent.
13.1.1. Federal
Funding Certification
Statement
Alex Nordquest
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
53555
Memorandum
REPORT TO:City Commission
FROM:Jamie Grabinski, Grants Coordinator
Alex Nordquest, Forestry Division Manager
SUBJECT:Authorize the City Manager to Approve the Submission of a Grant
Application to MT Department of Natural Resources for an Urban and
Community Forestry Grant for the City of Bozeman's Urban Forest
Management Plan
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Approve the Submission of a Grant
Application to MT Department of Natural Resources for an Urban and
Community Forestry Grant for the City of Bozeman's Urban Forest
Management Plan.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:The City of Bozeman is eligible to apply to the MT Department of Natural
Resources Urban and Community Forestry Program Development grant
program. The City of Bozeman's strategic plan objective 6.5 to support the
maintenance and expansion of an interconnected system of parks, trails, and
open spaces aligns well with the goals of this state funding opportunity.
In 2016, the City of Bozeman Parks and Recreation Department completed
its first ever Urban Forest Management Plan (UFMP). This comprehensive
planning document was the first concerted effort for Bozeman's urban
forest long-term planning which included creating and hiring a city forester,
completing a City-wide tree inventory, and preparing for the Emerald Ash
Borer. Now nearly ten years later and having accomplished many of the
goals of the first plan, this funding opportunity will supplement the Forestry
Division's 2026-2029 capital improvement plan item to update Urban Forest
Management Plan.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:Contact Kaitlin and Jamie prior to finalizing any agenda items related to
grants.
54
Attachments:
Complete_with_Docusign_FY2025_DNRC_PD_Grant_.pdf
Report compiled on: January 6, 2025
55
Grant Instructions and Grant Routing Form
To ensure appropriate use, consistency and tracking of grants use this set of general
instructions and Grant Routing Form are provided. All grants regardless of amount are required
to be approved by The City of Bozeman Commission prior to receiving the grant award.
Step One: Giving Notice of Intent to Apply
Give notice of your intent to apply for the grant by submitting the Grant Routing Form. Submit
the form via DocuSign* to the appropriate supervisor (typically department Director) and the
Finance Director. Save a copy of the submittal. The grant tracking number field can be left blank
until the grant is awarded.
Per Administrative Order 2014-01 the City Manager and City Commission are required to be
notified within 30 days of all grant applications exceeding $20,000.
Step Two: Obtain Grant Tracking Number for Awarded Grants
Once a grant is awarded, contact the City Clerk’s office at 406-582-2030 to request a grant
tracking number. The official grant acceptance is contingent on City Commission approval.
Step Three: Re-Route for Final Signatures
Insert the grant tracking number on the Grant Routing Form and reroute the form via
*DocuSign for signatures.
Step Four: Commission Approval
Work with Division Director, City Manager, and the City Clerk to get the awarded grant
prepared for City Commission approval. If you need assistance in reviewing the grant terms,
contact the City Attorney’s Office to request a review of the grant terms before placing the item
on the Consent agenda.
All agreements require City Commission authorization regardless of dollar amount.
Agreements will be retained by the City Clerks’ Office.
*Each Division has staff assigned with DocuSign access. Using a single DocuSign “envelope” will
allow the same tracking form to move through the steps of the process and the signature
matrix. Reach out to the City Clerk’s Office for initial assistance sending your envelope.
Grant Not Awarded: If your application is NOT awarded, the application materials must be
retained by the applying department in accordance with Records Retention Schedule 8.
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
56535
Grant # (issued by City Clerk)
Grant Name
Grant Project Manager Department
Person Responsible for Financial Reporting
Person Responsible for Performance Reporting & Close Out
*Note: this person is also reseponsible for record retention requirements.
Grant Source Federal State Other
CDFA # (Federal Only)Fiscal year of award
Grant Amount Included in Budget?
Match Requirement (%)Budget Account Code
Match Amount
Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur.
Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses?
Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?):
Process Phase / Signature Matrix
City Clerk Commission Date
Notice of Intent
Application
Award/Contract
City Manager
City of BozemanGrant Routing Form
Department Director
(I understand and will carry out the provisions of the grant)
Finance Director
Grant Routing Form May 2023
Describe the nature of the grant and eligible uses:
MT Department of Natural Resources Urban & Community Forestry Program Development Grant application
Alex Nordquest Parks and Rec (forestry division)
Alex Nordquest/Jamie Grabinski
Alex Nordquest
10.664 FY2025
20,000 No
33.33%112-7710-454-20-99
$ 6,667.00
Yes
No
Available through the MT Department of Natural Resources, this grant opportunity provides
funding for program development. Forestry is applying for funding to update the Urban Forest
Master plan identified in the 2026-2030 capital improvement plan.
Grant reporting and reimbursements are completed via the online portal Submittable.
n/a n/a n/a n/a n/a
1/14/2025
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
57536
Montana DNRC Grants Powered by Submittable
Title City Of Bozeman Forestry
Division
by Alex Nordquest in Forestry - UCF Program
Development (PD) FY25
anordquest@bozeman.net
01/03/2025
id. 49231929
Original Submission 01/03/2025
1. Organization Information
1.1. Organization
Name
City Of Bozeman Forestry Division
1.2. Has the
organization received
any DNRC Forestry
grants or subawards
previously?
Yes
2. Applicant Information The person completing this application. By default,
of Submittable, the person submitting this application will be the point of
contact for future communications such as reports and requests for
reimbursement for the life of this grant. You may collaborate with others to
complete the application and future forms, but you will be responsible for all
final submissions. HERE are the instructions for collaborating with others
for this application.
2.1. Your name Alex
Nordquest
2.2. Your Phone +14065823225
2.3. Your Email anordquest@bozeman.net
2.4. Provide a
Secondary Contact
for the project.
Jamie
Grabinski
2.5. Secondary
Contact Phone
+14065822364
2.6. Secondary
Contact Email
jgrabinski@BOZEMAN.NET
3. Project Elements
3.1. Project Name 2026: Bozeman's 2nd Urban Forest Management Plan
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
58537
3.2. Project Location City of Bozeman, City-wide
3.3. Have you
contacted your
DNRC Service
Forester?
Yes
3.3.1. Foresters
Name
Elias Davis
4. Project Description
4.1. Project
Description - Provide
2-3 pargraphs that
summarize your
project.
In 2016, Bozeman completed its first ever Urban Forest Management Plan
(UFMP). This comprehensive document marked our first concerted effort
towards long-term planning for Bozeman's urban forest; key
recommendations included creating & hiring a city forester position,
completing a city-wide tree inventory, and preparing for the Emerald Ash
Borer. Now nearly 10 years later, we've accomplished many of the plan's
goals and it's time for an update. There are various metrics and
performance measures to modernize, we've developed a nonprofit
partnership for community engagement, and we're seeking ways to address
a growing public concern over urban trees as Bozeman continues to
develop rapidly.
A new UFMP would build off the momentum of the 2016 version and
provide fresh perspective. We're seeking grant funds to cover a portion of
the cost for contracted services to develop the UFMP. The ideal candidate
would have experience developing UFMP's across the country, with a keen
focus on fast-growing urban areas and strategies to minimize tree loss and
wildlife impacts. A major outcome of the project would be to offer
recommendations on diversifying our community outreach and public
engagement. This project is a critical part of our Department's goals, City
Commission priorities, and Budget Planning.
5. Existing Program Resources
5.1. Do you have a
tree inventory?
Yes
5.1.1. How does your
tree inventory tie to
the project?
Our tree inventory system is a powerful tool for our entire operation, and
our proudest accomplishment from the 2016 UFMP. In 2017, I was hired as
Bozeman's first City Forester and inherited an incomplete tree inventory.
We spent 2018 hiring contractors to record trees in the remaining street
boulevards and city parks to achieve 100% completion. We also adopted
new software from our GIS Division which allowed us to update trees live
as we complete work. All planting, pruning, and removals are now recorded
live to keep the system accurate and constantly updated.
5.1.2. Upload your Tree Inventory
BozemanTreeInventory_20241223.xlsx
5.2. Do you have an
urban forest
management plan?
Yes
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
59538
5.2.1. How does your
urban forest
management plan tie
into the project?
Our main objective is to update the current UFMP. It'll be ten years old in
2026, so funding development in 2025 would be ideal timing to present a
finished product to City Commission and the general public. Undertaking
this effort without grant funding would place significant strain on the
Forestry Division's budget.
5.2.2. Upload your Urban Forest Management Plan.
Bozeman_Urban_Forestry_Management_Plan.pdf
5.3. Is the project
located in a Tree City
USA community?
Yes
6. Federal & State Program Goals
6.1. How does your
project align with the
state and federal
program goals?
Choose all that
apply.
1. Advance public education and understanding for the social, economic,
environmental and aesthetic values of trees, forests and related resources
in communities.
2. Climate change mitigation and adaptation.
3. Expand opportunities, resources and access for underserved and at-risk
populations and communities.
4. Advance tree inventory and assessment information.
5. Promote urban forestry planning and tree management plans including
broadening community engagement.
6. Develop and encourage the profession of urban forestry through
technology transfer, education and training.
7. Increase the biodiversity, health and resilience of trees in urban and
community forests through best maintenance and management practices.
6.1.1. Explain how
the project advances
public education and
understanding for the
social, economic,
environmental and
aesthetic value of
trees, forests and
related resources in
communities.
A new UFMP would build upon the current version, which provides a variety
of educational talking points and visuals for the public. The current version
explains our over-reliance on Green Ash and the concerns of
monocultures, provides graphs for age & species diversity, and describes
the variety of environmental & health benefits urban trees provide. The
2026 UFMP would need to provide updated figures for all of these items,
as we've made steady progress reducing our Ash population and trialing
new species to increase our tree diversity.
6.1.2. Explain how
the project advances
climate change
mitigation and
adaptation.
We know from our current UFMP and tree inventory data that Ash and
Maple make up almost half of our urban forest - we are extremely
vulnerable to losing these trees to pest, disease, or weather issues. A new
UFMP will analyze the progress we've made reducing our Ash population
and replanting with diversity; and offer new strategies to further bolster our
urban forest to a changing climate.
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
60539
6.1.3. Explain how
the project expands
opportunities,
resources and
access for
underserved and at-
risk populations and
communities.
We have steadily increased our community engagement over the years
through social media, volunteer opportunities, and printed media. But there
is still much room for improvement across the city. Many residents are still
unaware of our services and the shared maintenance responsibilities
between property owners and the Forestry Division; Rental properties
have mostly empty boulevards due to a lack of communication among
tenants, landlords, and the city; School properties lack boulevard trees due
to overzealous safety concerns. A new UFMP will offer innovative
strategies to address these problem areas.
6.1.4. Explain how
the project advances
tree inventory and
assessment
information.
In 2018 we overhauled our tree inventory system. We mapped all
remaining areas of town and each Forestry staff member received an
iPhone for live editing of tree data - we now track all of our work
accurately. This effort drastically improved the quality of our inventory
system and constantly guides our workflow. The system is not perfect,
however, and we'd greatly benefit from the outside perspective of a
consultant to squeeze every possible insight from this data. Year-over-year
trends, for example, are not automated from our data system and have to
be done manually.
6.1.5. Explain how
the project promotes
urban forestry
planning and tree
management plans,
including broadening
community
engagement.
Community engagement is one aspect of our 2016 UFMP that has room for
improvement. We have minimal involvement with our K-12 School system
and only a few projects with the local university. We do have a partnership
with a local nonprofit for volunteer planting efforts, but resources are limited
for both parties. As our main planning and management tool, a modern
UFMP will help address community engagement by referencing successful
programs across the country and offering solutions catered to Bozeman's
unique challenges.
6.1.6. Explain how
the project develops
and encourages the
profession of urban
forestry through
technology transfer,
education and
training.
I'm proud to say that our Forestry Division operates with a high degree of
excellence. Our staff members are motivated, professional, and
knowledgeable; they value their work and are proud to represent Bozeman.
This is largely due to our inventory system, which provides visual progress
of their work and involves everyone in the management process.
Innovative approaches like this are the result of achieving goals within a
well-planned Urban Forest Management Plan, which can be shared with
other communities as a publicly available resource.
6.1.7. Explain how
the project increases
the biodiversity,
health and resilience
of trees in urban and
community forests
through best
maintenance and
management
practices.
Our 2016 UFMP has outdated metrics on the profile of our urban forest.
For example, estimates of the overall park & boulevard population were
21,000 - we currently have 27,000. A pie chart showed Ash trees at 47%
of the population - it's currently 24%. Several paragraphs describing
ecosystem benefits are again estimates, and would benefit from accurate
data reflecting Bozeman's urban forest today. Keeping these metrics
current provides us with better performance measures and goals as an
operation.
7. Project Personnel
7.1. List the Project
Personnel
I would like to use the provided table for my project personnel information.
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
61540
7.1.1. Provided Project Personnel Table
Project Personnell List.xlsx
7.2. Supplemental
Information - Project
Personnel Narrative.
If desired, use this
space to explain or
expand on the
Personnel
information.
Community input would be a major component in creating a new
management plan. This would be a key deliverable of the consultant: to
host in-person and/or virtual sessions to gather public input. In addition to
relevant staff members, The Mayor and a City Commission liaison would be
attending each public session. The Bozeman City Commission greatly
values this process, as public concern over trees lost to development has
been a consistent theme over the last few years.
Alex Nordquest - Alex would be heavily involved with this project,
developing the RFQ language to select a contractor. He would also attend
these public sessions and work directly with the consultant at all levels of
the project.
Mitch Overton - the Director of the Parks & Rec Department would attend
public sessions and offer high-level expertise to guide the project in
alignment with the City's overarching Strategic Plan. He would also be
responsible for relaying communication between City Commission and the
Mayor for participation in this process.
Forestry Division staff - The Forestry team would provide occasional input
based on their expertise as the field crews maintaining the urban forest.
They do the work day in and day out and have the most interaction with the
public, caring for trees in every neighborhood. This intimate connection to
the urban forest means they'll offer valuable suggestions.
Jamie Grabinski - The city's Grants Coordinator will assist with any
technical aspects of fulfilling the grant. This includes initiating our internal
routing forms for city management, assisting with reporting, and tracking
expenses with our Finance Department.
8. Leveraging Local Support and Outreach
8.1. List local groups
and people
supporting the project
with in-kind
contributions and
volunteering time.
I would like to use the provided table for my Leveraging Local Support and
Outreach information.
8.1.1. Provided table for Leveraging Local Support and Outreach.
Leveraging Support List.xlsx
8.2. Supplemental
Information -
Leveraging Support
Narrative. If desired,
use this space to
explain or expand on
the Leveraging
Support List.
Local support is not anticipated to produce the actual UFMP. Community
involvement will be a major component of the plan, but not for the purposes
of this grant application.
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
62541
9. Project Work Plan and Schedule
9.1. Outline the
Project Work Plan
and Schedule
I would like to use the provided table for my Project Work Plan and
Schedule.
9.1.1. Provided Table for Work Plan and Schedule
TableTemplate.xlsx
9.2. Supplemental
Information - Project
Work Plan and
Schedule Narrative.
If desired, use this
space to explain or
expand on the
Project Plan and
Schedule.
Working on a new management plan is a major goal of the Forestry
Division's work 2025-2026 work plan. A spring timeline to draft and publish
a request for qualifications (RFQ) for potential contractors is ideal for
starting this process. The ideal candidate would then be ready to work
quickly, hosting community outreach sessions in the summer months to
understand our community's concerns with the urban forest. Feedback from
these sessions would then be compiled with any internal meetings, City
Commission concerns, and discussion from our Urban Parks & Advisory
Board. A final product would be developed from all these sources, as well
as the contractor's expertise, in the final months of 2025. The Forestry
Division would then present the finished document in early 2026 to City
Commission, relevant city departments, and the general public. The final
UFMP would be publicly available as a permanent fixture on the Forestry
Division's website.
If the chosen contractor is unable to complete the entire UFMP within the
12 month grant agreement, we would itemize the community outreach
portion for grant funding. This is the most important aspect and easy to
complete early on in the process. We anticipate total costs of the UFMP to
exceed the grant amount requested and remaining costs are accounted for
in the Forestry Division budget.
9.3. Does your
project include tree
planting?
No
10. Project Monitoring and Effectiveness
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
63542
10.1. Describe how
your project will meet
the needs and
benefit your
community at large.
Outline long-term
results, outputs and
deliverables.
Urban trees are increasingly recognized around the globe for their benefits
- the latest news, trends, and technology should be considered for
addressing Bozeman's local concerns. A new management plan would
integrate feedback from the public, city staff, and management to form a
comprehensive set of tools & guidelines for the future of our urban forest.
Bozeman has several current struggles with its urban forest. While we're
reducing our Ash population, Green Ash still remains the predominant
mature canopy species throughout our neighborhoods. Replanting with
appropriate diversity is challenging with limited availability of desired
varieties. Conserving water is a top priority in the community, but trees
require water for establishment and healthy maintenance. Residents desire
native trees, yet few are suitable for boulevard planting. Residents are also
voicing concerns about trees lost to development to the City Commission.
We need a new management plan to offer guidance on these issues to
maintain the high standard of care & service that the Forestry Division is
known for.
10.2. Describe any
potential challenges
that could impact the
project.
Timing is the main concern for this project. The writing of the RFQ would
need to be complete in spring of 2025 and that's in the midst of several
other seasonal priorities for the Forestry Division. If awarded grant funds,
we'd need to coordinate quickly with the chosen contractor for development
of the management plan. If the contractor isn't able to start the project in
July, we may run into delays given the 12 month period for the grant award.
However, those concerns would be mitigated by focusing solely on the
community outreach sessions. The contractor should readily be able to
schedule and conduct all these sessions within the 12 month period for the
grant, and the city's Forestry Division will fund the remainder of the UFMP
with its allocated budget.
11. Budget
Check "More
Information" to learn
about direct and
indirect costs.
More Information
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
64543
Direct costs are those that are directly and only related to a project. For
example: the hours that the organizations forester spends on a particular
project, similarly the miles that are driven by the forester to the project
location. If a mailing is part of the project, the cost of printing, envelopes
and stamps are considered direct costs. Indirect costs are those that are
not directly and only related to a specific project but are spread across the
entire organization or several projects. Examples are: rent for the office,
the electric bill for the organization. Salary/wages/benefits can be
assessed to indirect costs as well, such as an accountant who handles the
accounting for the entire organization and does not track how their hours
are spent. Indirect costs are not itemized but are instead paid at a
percentage of the Direct costs. Organizations can negotiate a rate with the
federal government if they are directly awarded federal funds. This is called
a Negotiated Indirect Cost Rate Agreement (NICRA.) Organizations with a
NICRA are eligible to request their full percentage rate for any award that
comes from federal funds. They can request a smaller rate, but never more
than the NICRA. Organizations without a NICRA are eligible to request
Indirect Costs at the de minimis rate of 15%. You can request less than
15% but unless you have a NICRA, you cannot request more than 15%.
11.1. Are you
requesting indirect
costs for this
project?
No
Budget Table Instructions Urban and Community Program Development-
Match Required 1. Download the Project Budget Table Worksheet. 2. Save
the budge table worksheet to your local drive. 3. Complete your budget.
Use only numbers in the columns. For example, do not use "/hour" or "per
hour", it will cause the formulas to fail. 4. Upload completed budget table
worksheet below. Rows and columns of the budget table worksheet should
tabulate for you. However, please review your math and totals. All match
expenditures (both cash and in-kind contributions) must be substantiated
with documentation to be applied to the 3:1 match requirement. Federal
funds may NOT be used as match. (No federal cash, donated and/or in-kind
contributions.)
11.2. Upload Completed Project Budget Table
Bozeman_-_UCF_PD_FY25_-_Budget_Template_Match.xlsx
11.3. Total Funds
Requested.
20000
11.4. Total Funds
Pledged to Match.
74510
12. Supporting Documentation
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
65544
12.1. Supplemental
Information - Upload
any supporting
documentation you
would like included in
the application.
13. Certification and Authorization to Sign
13.1. Certification
and Authority to Sign
Yes, I am authorized to sign this application on behalf of the organization I
represent.
13.1.1. Federal
Funding Certification
Statement
Alex Nordquest
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
66545
Memorandum
REPORT TO:City Commission
FROM:Jamie Grabinski, Grants Coordinator
Dana McNeil, Police Captain
SUBJECT:Authorize City Manager to Approve the Bureau of Justice Edward Byrne
Memorial Justice Assistance Grant Award
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize City Manager to Approve the Bureau of Justice Edward Byrne
Memorial Justice Assistance Grant Award.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The City of Bozeman is eligible to receive a grant allocation from the
Department of Justice Edward Byrne Memorial Justice Assistance Grant
program for $20,617. This funding supports the City's strategic plan 3.1
objective to update Public Safety Technology Systems. With this funding, the
Bozeman Police Department will continue to update and enhance the
computer forensics lab. By investing in the lab, the City will bolster the
effectiveness of criminal investigations. There is no project match required
and all funds will be used for the direct benefit of Public Safety Technology
enhancement.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:Total expenditures are expected to be $20,617. Expenditures will be made in
the Police Department Fund and may require a future budget amendment.
Attachments:
Award_Package_FAW-186957.pdf
FY25 BJA Grant Routing form_Signed_Updated.pdf
Report compiled on: January 6, 2025
67
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Name and Address of Recipient: CITY OF BOZEMAN
121 N ROUSE AVE
City, State and Zip:BOZEMAN, MT 59715
Recipient UEI:EEAPKALAEM35
Project Title: Advancements in the 2025
Bozeman Police Department Computer
Forensics Lab
Award Number: 15PBJA-24-GG-04644-JAGX
Solicitation Title: BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation
Federal Award Amount: $20,617.00 Federal Award Date: 12/5/24
Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type:Grant
Opportunity Category: O
Assistance Listing:
16.738 - Edward Byrne Memorial Justice Assistance Grant Program
Project Period Start Date: 10/1/23 Project Period End Date: 9/30/25
Budget Period Start Date: 10/1/23 Budget Period End Date: 9/30/25
Project Description:
The City of Bozeman will use JAG funds to continue updating, enhancing, and then maintaining our Computer
Forensics Lab. By investing in the Lab, the city aims to bolster the effectiveness of criminal investigations, elevate our
service quality, and optimize overall workflow.
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68
Award Letter
December 5, 2024
Dear Jamie Grabinski,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs
(OJP) has approved the application submitted by CITY OF BOZEMAN for an award under the funding opportunity
entitled 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The
approved award amount is $20,617.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before
accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information,
Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award
Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but
also compliance with assurances and certifications that relate to conduct during the period of performance for the
award. These requirements encompass financial, administrative, and programmatic matters, as well as other important
matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the
assurances and certifications, and the application as approved by OJP, so that they understand the award
requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies
for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator,
and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to
ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the
entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts
of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and
certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if
you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received
an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Brent J. Cohen
Acting Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal
civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP,
the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).
Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of
1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those
laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of
services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in
the provision of services on the bases of age.
Some recipients of DOJ financial assistance have additional obligations to comply with other applicable
nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits
discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have
related requirements regarding the development and implementation of equal employment opportunity programs.
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69
OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.
Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ
recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ
recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether
DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory
manner.
For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees
or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical
assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach. If you would
like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCR@o
jp.usdoj.gov or www.ojp.gov/program/civil-rights-office/about#ocr-contacts.
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages
NEPA Letter
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support
a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could
have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related
federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by
the grantee or by a subgrantee or third party.? Accordingly,?prior to obligating?funds for any of the specified activities,
the grantee must first determine if any of the specified activities will be?funded by the grant.
?
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact
Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the
preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements,
please see https://www.bja.gov/Funding/nepa.html.
NEPA Coordinator
First Name
Orbin
Middle Name
no value
Last Name
Terry
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70
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Recipient Information
Recipient Name
CITY OF BOZEMAN
UEI
EEAPKALAEM35
Street 1
121 N ROUSE AVE Street 2
City
BOZEMAN
State/U.S. Territory
Montana
Zip/Postal Code
59715
Country
United States
County/Parish
no value
Province
no value
Award Details
Federal Award Date
12/5/24
Award Type
Initial
Award Number
15PBJA-24-GG-04644-JAGX
Supplement Number
00
Federal Award Amount
$20,617.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title
16.738 Edward Byrne Memorial Justice Assistance Grant Program
Statutory Authority
Pub. L. No. 90-351, Title I, Part E, subpart 1 (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a).
[ ] I have read and understand the information presented in this section of the Federal Award Instrument.
Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Page: 4 of 22
71
Information, Financial Information, and Award Conditions.
Solicitation Title
2024 BJA FY 24 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program - Local Solicitation
Application Number
GRANT14265236
Awarding Agency
OJP
Program Office
BJA
Grant Manager
Dara Schulman
Phone Number
202-598-7427
E-mail Address
Dara.Schulman@usdoj.gov
Project Title
Advancements in the 2025 Bozeman Police Department Computer Forensics Lab
Performance Period Start
Date
10/01/2023
Performance Period End Date
09/30/2025
Budget Period Start Date
10/01/2023
Budget Period End Date
09/30/2025
Project Description
The City of Bozeman will use JAG funds to continue updating, enhancing, and then maintaining our Computer
Forensics Lab. By investing in the Lab, the city aims to bolster the effectiveness of criminal investigations, elevate our
service quality, and optimize overall workflow.
[ ] I have read and understand the information presented in this section of the Federal Award Instrument.
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
[ ] I have read and understand the information presented in this section of the Federal Award Instrument.
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Condition 1
Meaningful access requirement for individuals with limited English proficiency
The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited
English proficiency (LEP) have meaningful access to their programs and activities to comply with Title VI of the Civil
Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of national origin, including discrimination
against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or
translation services. The Department of Justice guidance on compliance with this requirement may be found at
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"Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https://
www.federalregister.gov/d/02-15207) and is incorporated by reference here.
Condition 2
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2024)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable
appropriations acts are indicated at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.htm, and are
incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might
fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
Condition 3
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38.
Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the
Department to support or engage in any explicitly religious activities except when consistent with the Establishment
Clause of the First Amendment and any other applicable requirements. An organization receiving Federal financial
assistance also may not, in providing services funded by the Department of Justice, or in their outreach activities
related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of
religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that
engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and
subrecipients that are faith-based or religious organizations. In addition, Part 38 states that a faith-based organization
that participates a Department of Justice funded program retains its independence from the Government and may
continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.
Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and
prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially
similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found
at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhood-organizations.
In certain instances, a faith-based or religious organization may be able to take religion into account when making
hiring decisions, provided it satisfies certain requirements. For more information, please see https://www.ojp.gov/
funding/explore/legaloverview2024/civilrightsrequirements.
Condition 4
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will
not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions
regarding enforcement, including any such exceptions made during the period of performance, are (or will be during
the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:
Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and
incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material
requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all
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assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition
incorporated by reference below, or an assurance or certification related to conduct during the award period -- may
result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may
withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other
legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held,
instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
Condition 5
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
Condition 6
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award
from OJP.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and
subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at
any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF
425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at
any tier) must provide access, include performance measurement information, in addition to the financial records,
supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
Condition 7
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector
General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other
person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
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OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm
(select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General,
Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by
facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
Condition 8
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis"
indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must
advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part
200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by the Part 200 Uniform Requirements.
Condition 9
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and
other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
Condition 10
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this
award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the
program solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
Condition 11
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
Condition 12
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an
equal employment opportunity program.
Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f) contain notice
requirements that covered recipients must follow regarding the dissemination of information regarding federal
nondiscrimination requirements.
Condition 13
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Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or
in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal
statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a
subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm
(Award condition: Determination of suitability required, in advance, for certain individuals who may interact with
participating minors), and are incorporated by reference here.
Condition 14
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain
related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high
risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the
following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
Condition 15
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole
or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the
individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under
this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to
hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for
the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
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4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes
(without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the
hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient
(or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate
person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify
procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm
employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with
award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient
at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website
(https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-
VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
Condition 16
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
Condition 17
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially
reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The
reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and
cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified
to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award requirements.
Condition 18
Restrictions and certifications regarding non-disclosure agreements and related matters
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No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to
sensitive compartmented information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written
notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if
expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that
prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it
will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
Condition 19
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
Condition 20
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider
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a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $250,000)), and are incorporated by reference here.
Condition 21
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal
funds during the period of performance for this award, the recipient promptly must determine whether funds from any of
those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical
cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding
agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding
agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any
inappropriate duplication of funding.
Condition 22
Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP
financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the
award. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period
of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP
financial management and grant administration training" by 120 calendar days after the date the Entity Administrator
enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of
such a training on or after January 1, 2021, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply
with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on
this award.
Condition 23
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to
public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Condition 24
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to terminate award)
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The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the
part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP
authority to terminate award)), and are incorporated by reference here.
Condition 25
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-
risk" for purposes of the DOJ high-risk grantee list.
Condition 26
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an
actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the
scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an
imminent breach.
Condition 27
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently
accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as
maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-
tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the
unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated
to any business or non-profit organization that he or she may own or operate in his or her name).
Condition 28
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards
Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To
Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases
or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any
subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to
acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted
on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and
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are incorporated by reference here.
Condition 29
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may
be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by
law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or
cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing,
extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an
exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
Condition 30
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/
funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal
authorization), and are incorporated by reference here.
Condition 31
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the
dissemination of information regarding federal nondiscrimination requirements.
Condition 32
The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among
other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity
and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of
performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role
of Authorized Representative during the period of performance under the award without first ensuring that the
individual has the requisite legal authority.
Condition 33
Verification and updating of recipient contact information
The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact
information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has
changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD.
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Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/
training-entity-management.
Condition 34
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more
and, in certain circumstances, to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
Condition 35
Body-worn cameras, policies and procedures
In accepting this award, the recipient agrees not to use award funds for purchases of body-worn cameras or related
expenses for any agency unless that agency has policies and procedures in place that reinforce appropriate agency
Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as
well as privacy issues, accountability and discipline.
Condition 36
Body armor - compliance with NIJ standards and other requirements
Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level,
make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply
with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor
Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States
and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ
Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/
topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body
armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements
regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
Condition 37
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with
BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic
desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to
complete monitoring tasks, including documentation related to any subawards made under this award. Further, the
recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ
awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds;
referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee;
or termination of an award(s).
Condition 38
Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press
releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER>
awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of
Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of
Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART
Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official
position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides
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guidance on allowable printing and publication activities.
Condition 39
Any Web site that is funded in whole or in part under this award must include the following statement on the home
page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to
interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages
that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the
Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of
Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including,
without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of
the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included
through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
Condition 40
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231
and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further
agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
Condition 41
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection
requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any
activities within this project.
Condition 42
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP
policies and procedures regarding the protection of human research subjects, including obtainment of Institutional
Review Board approval, if appropriate, and subject informed consent.
Condition 43
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
Condition 44
The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be
used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any
accompanying accessories to support UAS.
Condition 45
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and
any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if
OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may,
at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur,
the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
Condition 46
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Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing
Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards
Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition.
The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and
describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
Condition 47
Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award
conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any
subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of
specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit,
upon request, documentation of its policies and procedures for monitoring of subawards under this award.
Condition 48
In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT)
unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and
responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with
all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable
searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and
regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.
Condition 49
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality
of an existing or proposed IT system.
Condition 50
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds
who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank,
must complete required online (internet-based) task force training. Additionally, all future task force members must
complete this training once during the period of performance for this award, or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and
Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including
privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight
and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task
force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity
and Leadership (www.ctfli.org).
Condition 51
Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National
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Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental
impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to
obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the
award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being
specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a
subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this
condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior
use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for
programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its
subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific
request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental
assessment of that funded program or activity.
Condition 52
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is
required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal
awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund,
including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award
funds in the trust fund (including any interest earned) during the period of performance for the award and expend within
90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the
time of closeout.
Condition 53
All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG
and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and
Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent
with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA
Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must
submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https://
bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting
requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by
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established deadlines may result in the freezing of grant funds and future High Risk designation.
Condition 54
Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly
accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-
escalation of conflict, and constructive engagement with the public.
Condition 55
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of
the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur
project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-
- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by
OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that
precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the
condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-
risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding
condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds
to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs
incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those
project costs otherwise are allowable costs under the award.
Condition 56
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded
to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA
laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this
award may be entered or uploaded into any non-governmental DNA database without prior express written approval
from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA
profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure
all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures
Manual).
Condition 57
Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice
Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/
download), and must collect and report the metrics identified in Section IX of that document to BJA.
Condition 58
Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34
U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific
project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions,
information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant
Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records
systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or
State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court
dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS
are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and
accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-
relevant "eligible records".
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In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent
monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such
evidence in any express written determination regarding this condition.
Condition 59
Prohibition on use of award funds for match under BVP program
JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
Condition 60
Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due
process rights that prevent any violation or infringement of the Constitution of the United States, including but not
limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and
Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State
courts and United States courts (including the Supreme Court of the United States). Such programs must include, at
the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person
hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to
confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation
and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to
a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the
full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the
substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the
Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts
(including the Supreme Court of the United States). The heightened evidentiary standards and proof under such
programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent
reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague,
speculative, and lacking a foundation; and penalties for abuse of the program.
Condition 61
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless,
as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making
such expenditures essential to the maintenance of public safety and good order.
Condition 62
Exceptions regarding Prohibited and Controlled Equipment under OJP awards
Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition
regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP
awards," the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs” and the
requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs” do not apply to this award.
Condition 63
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of
the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the
quarterly Federal Financial Report, SF 425.
Condition 64
Initial period of performance; requests for extension.
The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of
performance of the award is two years. The recipient further understands that any requests for an extension of the
period of performance for an award of less than $25,000 will be approved automatically for up to a total of two
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additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this
award.
Any request for an extension of the period of performance beyond a four-year award period will require approval, and
the approval (if any) will be at the discretion of the Director of BJA.
[ ] I have read and understand the information presented in this section of the Federal Award Instrument.
Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance
By checking the declaration and certification box below, I--
A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this
declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and
belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted
(including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and
conditions of, and all supporting materials submitted in connection with, this award, including any assurances and
certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after,
or at the time of the application submission and any materials that accompany this acceptance and certification); and
(2) I have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand
that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration
and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent
information or statement in this declaration and certification (or concealment or omission of a material fact as to either)
may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§
10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the
federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Agency Approval
Title of Approving Official
Acting Assistant Attorney General
Name of Approving Official
Brent J. Cohen
Signed Date And Time
12/1/24 4:57 PM
Authorized Representative
[ ] no value
Entity Acceptance
Title of Authorized Entity Official
no value
Signed Date And Time
no value
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Grant Instructions and Grant Routing Form
To ensure appropriate use, consistency and tracking of grants use this set of general
instructions and Grant Routing Form are provided. All grants regardless of amount are required
to be approved by The City of Bozeman Commission prior to receiving the grant award.
Step One: Giving Notice of Intent to Apply
Give notice of your intent to apply for the grant by submitting the Grant Routing Form. Submit
the form via DocuSign* to the appropriate supervisor (typically department Director) and the
Finance Director. Save a copy of the submittal. The grant tracking number field can be left blank
until the grant is awarded.
Per Administrative Order 2014-01 the City Manager and City Commission are required to be
notified within 30 days of all grant applications exceeding $20,000.
Step Two: Obtain Grant Tracking Number for Awarded Grants
Once a grant is awarded, contact the City Clerk’s office at 406-582-2030 to request a grant
tracking number. The official grant acceptance is contingent on City Commission approval.
Step Three: Re-Route for Final Signatures
Insert the grant tracking number on the Grant Routing Form and reroute the form via
*DocuSign for signatures.
Step Four: Commission Approval
Work with Division Director, City Manager, and the City Clerk to get the awarded grant
prepared for City Commission approval. If you need assistance in reviewing the grant terms,
contact the City Attorney’s Office to request a review of the grant terms before placing the item
on the Consent agenda.
All agreements require City Commission authorization regardless of dollar amount.
Agreements will be retained by the City Clerks’ Office.
*Each Division has staff assigned with DocuSign access. Using a single DocuSign “envelope” will
allow the same tracking form to move through the steps of the process and the signature
matrix. Reach out to the City Clerk’s Office for initial assistance sending your envelope.
Grant Not Awarded: If your application is NOT awarded, the application materials must be
retained by the applying department in accordance with Records Retention Schedule 8.
Docusign Envelope ID: A85EDB63-ECB5-4B0B-BE91-D5E3EC2ECC78
90533
Grant # (issued by City Clerk)
Grant Name
Grant Project Manager Department
Person Responsible for Financial Reporting
Person Responsible for Performance Reporting & Close Out
*Note: this person is also reseponsible for record retention requirements.
Grant Source Federal State Other
CDFA # (Federal Only)Fiscal year of award
Grant Amount Included in Budget?
Match Requirement (%)Budget Account Code
Match Amount
Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur.
Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses?
Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?):
Process Phase / Signature Matrix
City Clerk Commission Date
Notice of Intent
Application
Award/Contract
City Manager
City of BozemanGrant Routing Form
Department Director
(I understand and will carry out the provisions of the grant)
Finance Director
Grant Routing Form May 2023
Describe the nature of the grant and eligible uses:
Edward Bryne Memorial Justice Assistance Grant (JAG) Program -Local Solicitation
Jamie Grabinski Police Department
Jamie Grabinski
Dana McNeil
16.738 2025
20,617.00 No
0.00%010-3010-421
Yes
No
The Edward Bryne JAG program provides financial assistance to local jursidictions to purchase
eligible supplies and small equipment for operations. The grant amounts are pre-determined by
the grant agency based upon population. The City of BZN PD plans to use the funds to
continue to update and enhance the computer forensics lab which will bolster the effectiveness
of criminal investigations.
The financial reporting for this grant is completed in JustGrants portal. The programmatic
reporting is completed in the performance measurement platform. And, the payments are
completed via ASAP drawdown system.
n/a n/a n/a n/a -
n/a n/a n/a n/a -
1/14/2025
Docusign Envelope ID: A85EDB63-ECB5-4B0B-BE91-D5E3EC2ECC78
91534
Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Weston Solutions for Environmental Services on the 2025 Transportation
Alternatives Bike/Ped Project and Pathway Preservation Project
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve and Authorize the City Manager to Sign a Professional Services
Agreement with Weston Solutions for Environmental Services on the 2025
Transportation Alternatives Bike/Ped Project and Pathway Preservation
Project
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:In 2024 the City of Bozeman was awarded two Transportation Alternatives
Grants. The first included shared use pathway preservation on sections of
asphalt pathway on West Oak Street, North 19th Avenue, and Huffine Lane
and the second included construction of new shared use pathways on
sections of North 19th Avenue, Flanders Mill Road, and East Valley Center
Road. The City's Engineering Department is performing a majority of the
engineering design work internally; however, the grants require an extensive
environmental engineering analysis which will be handled through a
consultant.
The City advertised a request for proposals for environmental engineering
services beginning on September 28, 2024. Five proposals were received
from qualified engineering firms and Weston Solutions was selected as the
most qualified firm to perform the work. The City evaluated Weston's scope
and fee proposal and found it to be commensurate with the work involved.
The attached professional services agreement will allow the City to complete
the environmental work necessary to complete these two important projects
and improve the City's pedestrian and bicycle infrastructure.
UNRESOLVED ISSUES:None
ALTERNATIVES:As Suggested by the Commission
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FISCAL EFFECTS:The total cost of the professional services is $49,391.89. Funding has been
appropriated in the FY25 and FY26 Budget under project STR20, STR155, and
A&C007 and paid for from a combination of funding from two
Transportation Alternatives Grants (86.58%) and the remainder from the
Street Maintenance Fund and Arterial and Collector Fund (13.42%).
Attachments:
Professional Services Agreement with Weston Solutions for
Transportation Alternatives.pdf
Weston Solutions Scope and Fee for Transportation
Alternatives.pdf
Report compiled on: January 3, 2025
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1
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, a self-
governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121
N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and Weston Solutions , (ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S
public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services
for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the
parties agree as follows:
ARTICLE 1 - ENGINEERING SERVICES
1.1. The detailed description of the specific project components is described as follows:
Environmental document preparation and wetland delineation to assist with the design of two transportation
alternatives grant projects to install shared used pathways in the following locations: on the west side of Valley
Center Road from Catron Street to the existing pathway connection approximately 200 linear feet south of
Catamount Street, on the west side of North 19th Avenue from Rawhide Ridge to Baxter Lane, and on the east
side of Flanders Mill Road from Durston Road to Auger Lane and to preserve existing pathways on Huffine
Lane, Oak Street, and North 19th Avenue.
1.2. The scope of services under this contract is set forth in this Agreement and the attached EXHIBITS.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which
this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
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1
2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and
complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications, and recommendations as designated herein.
2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of
government, public, and private organizations and shall be authorized to procure information from other authorities as to
the extent of these contacts and the results thereof.
2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall
be Mindy McCarthy .
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the
OWNER. The Project Manager shall be Mindy McCarthy . The OWNER may name a Task Director who would
be the liaison between the ENGINEER and the OWNER during the design segment of the Project.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress
reports thereafter until the project is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER
during DESIGN segment of the Project. The Task Director designated shall be Kellen Gamradt.
3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing
configuration of the city utilities.
3.4 The OWNER will be responsible for advertising bid openings.
3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction
progress and other job related meetings, substantial completion inspections and final payment inspections.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.2 PRELIMINARY DESIGN PHASE
After receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall:
4.2.1. In consultation with OWNER determine general scope, extent and character of the Project.
4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and specifications and a
written description for the Project.
4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will include, but not be
limited to:
4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in
the project.
4.2.3.2. Plans for providing water and sewer services for affected properties during construction.
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2
4.2.3.3. Summary geotechnical report for specific tasks, if needed.
4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard
construction methods or specifications.
4.2.3.5. A traffic control plan for each project task, if necessary.
4.2.4. Design and Construction Survey: The ENGINEER shall conduct a design field survey of the project
areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer
lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easements, and making
measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable
horizontal and vertical reference control points for the construction phase.
4.2.5. Permits and Rights-of-Way: The ENGINEER shall obtain approved permits, licenses, and/or easement
agreements from private landowners and any other agencies or entities requiring similar approvals prior to
bidding. These approvals will be coordinated with the OWNER and will be made on easement and permit
documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering
Services will be based on data available from design surveys and courthouse records.
4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such geotechnical
explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared
with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface
information will be obtained by reviewing any existing geotechnical data available and using additional backhoe
test pits and soil borings as necessary.
The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and
Contractors, and review the results of the report with Contractors in a pre-bid meeting. The report is to be
prepared for design purposes; ENGINEER will not be responsible if it is used by others for other purposes.
4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with
information which addresses the special features of each project task.
4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a
revised opinion of probable Total Project Costs to the OWNER.
4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary bidding
documents and design report as requested to OWNER and at the same time furnish copies as directed by
OWNER to agencies and/or parties having regulatory responsibilities or direct financial participation in any part
of the Project; provide any technical criteria, written descriptions and design data necessary for securing permits
or approval from authorities having jurisdiction to review and approve the design, and assist owner in securing
such approvals; and review documents in person with OWNER and review authorities, and, if necessary, conduct
a plan-in-hand site review. All changes agreed to between ENGINEER and OWNER will be noted in a
memorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications.
4.2.10. ENGINEER shall draft an environmental document (Act. 116) for submittal to the Montana
Department of Transportation for each Transportation alternatives project. Each project shall include the
following additional environmental activities:
Environmental Engineering Existing Conditions Report (Act. 111)
Cultural Resources Management Plan (Act. 177)
Request Environmental Information (Act. 178)
Haz Mat, Water Quality, and Initial Site Assessment (Act. 181)
Biological Resources Report and Preliminary Biological Assessment (Act. 182)
4.2.11. ENGINEER shall draft a wetlands determination document for the work locations on Catron Street and
North 19th Avenue.
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The Preliminary Design Phase will be completed and submitted within 60 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
4.3 FINAL DESIGN PHASE
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total
Project Costs, prepare for incorporation in the Contract Documents final drawings, documents and Technical
Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be
furnished and performed by the Contractor(s) suitable for use in the project bidding and constructionfor submittal
to the Montana Department of Transportation.
4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by
changes in general scope, extent or character or design requirements of the Project or Construction Costs.
Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications.
4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement
forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid
and instructions to bidders, special provisions, technical specifications, and standard drawings, and other related
contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications
(MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman.
4.3.4. Furnish OWNER two copies and an electronic copy of the environmental Contract Documents
(including design drawings, specifications and contracts).
The Final Phase will be complete and submitted within 60 calendar days following the start of the 2025 growing season.
4.3.5. ENGINEER shall respond to any review comments from the Montana Department of Transportation
and the OWNER. ENGINEER is responsible for delivering an approved environmental document and wetland
determination for each Transportation alternative project.
4.7. CONSTRUCTION TESTING
The inspection services shall include material testing and verification of contract compliance with job site requirements,
plans and specifications.
The ENGINEER shall provide and maintain detailed documentation of the following material testing:
1) Concrete strength, air content and slump
2) Embankment, trench backfill, and gravel and pavement densities
3) Aggregate gradations
4) Plant mix strength, flow and asphalt content
ARTICLE 5 - ADDITIONAL SERVICES
5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as
provided in this Agreement:
5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions.
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5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Services; preparation or review of environmental studies and related services; and
assistance in obtaining environmental approvals.
5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ENGINEER's control.
5.1.4. Providing renderings or models.
5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic
Services.
5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following Additional Services as circumstances require during construction and
without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this
Agreement:
5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested
by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional
services rendered.
5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance
of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and
determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor;
and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection
with the work.
5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of
materials, equipment or energy shortages.
5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or
other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3)
acceleration of the progress schedule involving services beyond normal working hours, (4) default by any
Contractor.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under
sections 4.1 through 4.3 of this Agreement pay a total sum in the amount of $ 29,725.49 for the Bike/Ped
Pathways portion of the services and a total lump sum in the amount of __$18,666.40 for the Pathway
Preservation portion of the services.
6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1
through 4.4) shall not exceed the following ceilings:
$ 24,195.95 (50% of design fee) until the Preliminary Plans and Specifications have been submitted to the
OWNER and review authorities.
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$ 48,391.89 (100% of design fee) until the Final Plans and Specifications have been submitted to the OWNER
and review authorities.
6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be
based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing,
subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant
to the payment provisions of this Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for
the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically
identified under the scope of design services for payment under 6.1 are not separately reimbursable.
6.1.5 Cost shall include:
(1) Direct Costs. Direct Costs shall be in conformance with 48 CFR Part 31, and the AASHTO Uniform Audit &
Accounting Guide, and may include the cost of Subconsultants. The Consultant certifies that any projected salary
rate increases included in the Proposal are based reasonably on the Consultant’s usual and customary practices.
Prior written approval of the OWNER is required for overtime compensation.
(2) Indirect Costs, applicable to Consultant and Subconsultants. Generally, after the execution of this agreement,
the OWNER will give Notice to the Consultant of the Indirect Cost (IDC) rates that will be applied to this
Agreement. Such notice is incorporated herein by this reference. The IDC rate and supporting documentation
must be calculated and submitted in accordance with 23 CFR § 172 using the cost principles of 48 CFR Part 31.
The Consultant will establish the IDC rate based on the Consultant's Accounting Period. In no event will the
IDC rate cause an increase or decrease in the Total Compensation. In no event will the IDC rate cause an
increase or decrease in the Fixed Fee. The Consultant must keep on file with the OWNER an accepted
Certification of Indirect Costs. For purposes of compensation, the rights and obligations of the Consultant set
forth in this Section shall apply to the Subconsultant. Each Subconsultant shall submit to the irrevocable
commitment option specified by the Consultant.
(a) An Indirect Cost Rate is required, except when total compensation is less than or equal to Fifty
Thousand Dollars ($50,000); and Consultant/Subconsultant does not have a current, OWNER-accepted
indirect cost rate or cognizant audit; or Subconsultant is providing vendor-type services or contract
labor and does not have a current, OWNER-accepted indirect cost rate or cognizant audit.
(b) An unaudited indirect cost rate is acceptable when the Total Compensation is less than or equal to
Two Hundred Fifty Thousand Dollars ($250,000); and a Risk Assessment determines an unaudited
indirect cost rate is acceptable.
(c) An audited indirect cost rate is required when The Total Compensation is more than Two Hundred
Fifty Thousand Dollars ($250,000); or a Risk Assessment determines that an audited indirect cost rate
is required.
(d) In unique cases, Negotiated or Provisional Indirect Cost Rates may be used, as described in MDT’s
Consultant Services Manual, if all parties agree.
(e) Due date.
(i) Due date (Audited). If an audited indirect cost rate is required, within thirty (30) days of
the date of an independent auditor’s report setting the consultant’s audited overhead rate, the
new bona fide audited IDC rate must be submitted to the OWNER as part of the Risk
Assessment Package.
(ii) Due date (Unaudited). If an unaudited indirect cost rate is required, within thirty (30) days
of its calculation, a bona fide IDC rate must be submitted to the OWNER as part of the Risk
Assessment Package.
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(iii) At the OWNER’s sole discretion, the Consultant shall pay the OWNER liquidated
damages at the rate of One Hundred Dollars ($100.00) per day for each day after the Due
Date.
(f) Effective date.
(i) The IDC rate expires one (1) year after the end of the Accounting Period.
(ii) Before the end of the Grace Period, defined as six (6) months following the expiration of
the IDC rate, the Consultant shall submit a new IDC rate.
(iii) An IDC rate submitted within the Grace Period is effective as of the first day of the month
following the month of the OWNER’s letter of acceptance; except, an IDC rate not accepted
by the OWNER by the end of the Grace Period is retroactive to the end of the Grace Period.
(iv) A bona fide IDC rate received after the expiration of the Grace Period is retroactive to the
date it is received by the OWNER.
(v) In the event the OWNER, in its sole discretion, determines that the submitted IDC rate is
not bona fide, the rate will be effective on the date accepted and will not be retroactive.
(vi) Failure by the Consultant to provide an IDC rate, as required herein, may result in a One
Hundred Percent (100%) forfeiture of the IDC rate portion for services rendered after the
Grace Period.
(g) The Consultant shall commit, irrevocably for the duration of this Agreement, to one of two options:
(i) Consultant’s IDC rate will remain fixed through the term of this Agreement. In the event of
any extension of the term of this Agreement, then the Consultant shall provide its new rate; or
if a new rate is unavailable, then a new rate will be negotiated by the parties.
(ii) Following the same procedure as for the original submission, the Consultant’s IDC rate
will be submitted annually, within the Grace Period.
(h) The Consultant may request exceptions to the requirements of this section on a case-by-case basis,
and the OWNER will consider these exceptions. Any exceptions, if approved, must be in writing and
must comply with all applicable laws, regulations, policies, and procedures.
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Construction and project documentation services performed as Basic Engineering Services under sections 4.7, 5.1, and 5.2
including: Construction Testing and additional services, shall be compensated in accordance with the following:
6.2.1 The OWNER shall pay for Additional Services and Construction Phase Services an amount not to
exceed except as provided under 6.2.1.2 and 6.2.4.
6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's
Direct Labor Cost times a factor of 1.4959 for services rendered which shall cover Direct Labor,
Direct Labor Overhead, General & Administrative Overhead and Profit.
6.2.1.2 Notification. At any time during the construction that it becomes apparent that the
Construction Phase and Project Documentation Services rendered under this Agreement will exceed the
negotiated compensation for these services, and prior to performing services in excess of the contract
ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and
ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written
authorization from OWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. If it
is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to
additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1.
The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and
agreed in writing pursuant to 9.16.
6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost
of the original scope Construction Phase and Project Documentation Services exceeds the negotiated
compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of
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the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor
Cost times a factor of 1.4959 for services rendered which shall include Direct Labor, the federally
audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not
include any allowance for profit.
6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved
Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred
up to an amount not to exceed $ 48,391.89 which includes $ 3,848.62 for consultants employed by the
Engineer and $ 1,045.70 for all other reimbursable expenses. The estimated reimbursable expenses are
identified in Weston’s Cost Estimate (attached).
6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the
costs associated with failing quality control tests performed for the OWNER during the course of the
construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments.
ARTICLE 7 - MEANING OF TERMS
7.1 AGREEMENT
As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and
referred to as if they were part of one and the same document.
7.2 CONSTRUCTION COSTS
The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of
those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's
compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or
interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others
to OWNER.
7.3 DIRECT LABOR COSTS
Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel
engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters,
specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs
or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable
Direct Labor Costs are:
Principals $ /hour
Project Manager $ 50.85 /hour
Senior Engineer $ 57.87 /hour
Senior Scientist $ 54.42 /hour
Junior Scientist $ 37.33 /hour
Associate Scientist $ 26.99 /hour
GIS Analyst $ 41.08 /hour
Financial Analyst $ 42.91 /hour
7.4 REIMBURSABLE EXPENSES
Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence
incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project
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Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications,
Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring
higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method
of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed
by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include
expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously
established programs and expenses of photographic production techniques.
ARTICLE 8 - PAYMENT PROVISIONS
8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings
provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the
period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing,
and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and
billed separately.
8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any
phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute
total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services,
ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants
employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the
payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-
approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 9 - GENERAL CONSIDERATIONS
9.1 TERMINATION OF AGREEMENT
9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and
all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for
in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed
services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to
cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience
is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner,
for services or other work performed. The equitable adjustment for any termination shall provide for payment to
the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by the ENGINEER in
performing this Agreement, whether completed or in process.
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9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S
data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER
prior to said termination shall be delivered to and become the property of the OWNER.
9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
9.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the
performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized
representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract
period and for three years from the date of final payment.
9.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any
company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage,
brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract.
For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its
discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
9.4 NONDISCRIMINATION
The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit
and qualifications.
The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws, regulations, and contracts.
The ENGINEER 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 ENGINEER 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.
ENGINEER 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). ENGINEER 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.
ENGINEER shall require these nondiscrimination terms of its subcontractors providing services under this
Agreement.
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The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this
agreement.
9.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
9.6 STANDARD OF CARE
In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care
and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any
service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER’s request, re-
perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or
additions to the project which are made necessary as a result of the initial non-performance or the re-performance of
services. The OWNER’s rights herein are in addition to any other remedies the OWNER may have under the law.
9.7 LEGAL RELATIONS:
9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local
laws and ordinances applicable to the work to be done.
9.7.2 For claims, causes of action, losses, or damages (collectively, “Claims”) asserted by third-parties and
arising out of the performance of professional services by the ENGINEER, the ENGINEER shall indemnify and
hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including
reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are
caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants in the
performance of professional services under this Agreement. The ENGINEER’S obligation to indemnify and hold
the Owner and the Owner’s officers and employees harmless under this section 9.7.2 does not include a duty to
defend.
9.7.3 For Claims asserted by third-parties that do not arise out of the performance of professional services by
the ENGINEER, the ENGINEER shall, to the extent covered by the ENGINEER’S insurance, defend, indemnify,
and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including
reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are
caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants.
9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a
plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or
liabilities as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault giving rise
to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or
employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney’s fees
and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the
OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular
insurance coverage in this Agreement.
9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities
resulting from intentional misconduct by any officer, director, agent or employee in connection with the work
specified in this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any
damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable
attorney’s fees and costs which shall include costs and salary of the city attorney or other in-house counsel.
Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to
defend OWNER where the OWNER’S alleged liability arises from intentional misconduct by the ENGINEER.
Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or
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employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney’s fees and costs incurred in
any defense of the OWNER.
9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible
to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work
shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain
complete control over all of its employees, subcontractors, agents and operations, being responsible for any
required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation
with statutory limits, and unemployment insurance.
9.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
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Type of Coverage Limits
Employers' Liability: $ 1,000,000. per accident
General Liability:
Bodily Injury & Property Damage
Single and combined $ 1,000,000. per accident
General Aggregate: $ 2,000,000.
Excess Liability Coverage (umbrella) $1,000,000. each occurrence
Automobile:
Bodily Injury covering all $ 1,000,000 each person
automobiles, trucks,
tractors, trailers, or $ 1,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering $ 1,000,000 each occurrence
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
OR
Bodily Injury & Property $1,000,000 each occurrence
Damage Single and combined
In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and
accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions
coverage as follows:
Professional Errors & Omissions: $ 1,000,000 per claim and
aggregate each occurrence
9.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
9.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable
for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by
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ENGINEER will be at OWNER’s sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER’s
independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other
types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information
obtained or derived from such electronic files will be at the user's sole risk.
9.11 PUBLIC INFORMATION
The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of
the OWNER.
9.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries
or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or
political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and
royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or
material, and in the use of any method that may be developed as part of the work described and contemplated herein.
9.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
records available at all reasonable times during the Contract term and for one (1) year from the date of final payment.
Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by
OWNER.
9.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives, successors and assigns of the respective parties.
9.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City
Attorney.
9.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
9.17 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.
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In witness Whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA ENGINEER
BY: BY:
(City Manager) (President)
DATE: DATE:
ATTEST:
BY:
(City Clerk)
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Weston Solutions, Inc.
805 N. Last Chance Gulch
Helena, MT 59601
406-646-2401
WestonSolutions.com
December 16, 2024
Kellen Gamradt, PE City of Bozeman 121 N Rouse Ave Bozeman, MT 59715
Re: Bike/Ped Paths - Bozeman Project Number: TA 412-1(3)1 UPN: 10453000
Environmental Document Preparation and Wetland Delineation
Dear Kellen:
Weston Solutions, Inc. (WESTON) is pleased to present this scope of services for the Bike/Ped Paths – Bozeman project in Bozeman, Montana. This project involves the construction of new shared use pathways in three locations in Bozeman: on the west side of Valley Center Road from Catron Street to the existing pathway connection approximately 200 linear feet south of Catamount Street, on the west side of North 19th Avenue from Rawhide Ridge to Baxter Lane, and on the east side of Flanders Mill Road from Durston Road to Auger Lane.
This scope of services has been prepared using the Montana Department of Transportation’s (MDT) consultant design activities descriptions, modified to fit the size and scope of the project.
Activity 100 Interactive Project Evaluation
This task is for project management activities. WESTON assumes production of 7 monthly invoices and progress reports.
Activity 178 Request for Environmental Information
This task is to prepare information request letters to assess and forecast related environmental impacts. WESTON assumes all environmental information will be readily available on-line and that written requests for environmental information will be unnecessary.
Activity 181 Hazardous Materials/Substances and Water Quality - ISA
This task involves completion of MDT’s ‘Initial Site Assessment’ (ISA) form number MDT-ENV-003. WESTON assumes the following to complete this activity:
• The ISA will consist of an online hazard contamination check only. No field verification is anticipated.
• A preliminary site investigation will not be required.
• A traffic noise analysis will not be required.
• Additional detailed analyses will not be required.
• The June 2023 version of ISA checklist MDT-ENV-003 will be used.
• No re-evaluation effort is scoped.
• The draft and final form will be provided electronically only in Adobe pdf format.
• MDT review of draft deliverable will be completed within 2 weeks of submittal.
109
Kellen Gamradt, PE City of Bozeman - 2 - December 16, 2024
Activity 182 Biological Resource Report/Preliminary Biological Assessment (BRR/BA)
This task involves evaluation and assessment of baseline conditions and potential project effects on aquatic and biological resources. Aquatic resources include wetlands, streams, and other regulated resources. Biological resources include candidate, proposed, threatened, and endangered species; state species of concern; general aquatic and terrestrial species; wildlife accommodation needs and opportunities; eagles, migratory birds, and sage grouse; vegetation and noxious weeds. WESTON will review information from the Montana Natural Heritage Program database, Montana Fisheries Information System, and U.S. Fish & Wildlife Service (USFWS) to determine the potential occurrence of threatened and endangered species within the project corridor. A preliminary determination of effect for candidate, proposed, threatened, and endangered species and designated critical habitat will be included in the assessment. Recommendations to reduce and/or eliminate adverse impacts will be briefly described.
WESTON assumes one (1) field trip to the site to evaluate baseline conditions and to delineate aquatic resources.
WESTON will conduct a wetland and waterbody assessment and delineation within 100 feet of the project limits to evaluate if potential wetlands and/or other “Waters of the United States” are present within the survey area and to identify the approximate boundaries of such features. In addition, WESTON field personnel will collect data on
vegetative communities, tree species and locations, invasive species, and potential nesting habitat during the field survey. This data will be used to evaluate potential effects to biological resources within the study area. WESTON will utilize personnel trained and experienced in wetlands identification and related report preparation to perform
the following:
• Review desktop data prior to conducting the field survey, including U.S. Geological Survey 7.5-minute
topographic quadrangle maps; USFWS National Wetlands Inventory (NWI) maps; aerial photographs (current and historical); U.S. Department of Agriculture Natural Resources Conservation Service County Soil Surveys; and Federal Emergency Management Agency Flood Hazard Maps. Review of these
documents will assist in the planning and execution of the field survey and will be documented in the report.
• Upon authorization, City of Bozeman will provide WESTON survey area boundaries that accurately depict the survey area including project area access. City of Bozeman will provide written rights-of-entry for identified properties.
• WESTON will have safe and timely access to the survey property. WESTON will only survey areas with explicit permission for WESTON access.
• Complete an Occupational Safety and Health Administration (OSHA)-compliant Health and Safety Plan prior to field work.
• It is assumed wetlands identified on site are limited in their extent and complexity so that they can be
completely surveyed over a two-day period for the two sites on North 19th Avenue and East Valley Center Road.
• WESTON will complete the wetland delineation during the late Spring 2025.
• Conduct a wetland survey using the methodology contained in the 2010 U.S. Army Corps of Engineers’ (USACE) Wetland Delineation Manual, the Western Mountains Regional Supplement (Version 2.0) and the guidance presented in the MDT Wetlands Delineation Process document. The survey will evaluate soils, vegetation, and hydrology with respect to the federal methodology. The appropriate revised USACE Wetland Determination Data Forms will be used to record sample points for presence or absence of hydrophytic vegetation, hydric soil, and wetland hydrology.
110
Kellen Gamradt, PE City of Bozeman - 3 - December 16, 2024
• Identify the wetland type/classification following hydrogeomorphic (HGM) and Cowardin classification systems and categorize wetlands according to MDT’s Montana Wetland Assessment Method (MWAM). Complete the MWAM forms.
• Gather applicable data for each wetland or waterbody feature, including ordinary high-water mark, bank height, bank slope, streamflow, direction and type, water appearance, stream substrate, aquatic habitats,
and channel conditions and disturbances. Observations will be recorded on data sheets.
• The findings and conclusions presented will be based solely on visual observations of the project area and interpretation of information provided or reasonably available to WESTON and will include the likely jurisdictional status of identified features. The official jurisdictional determination of features discussed in the report can only be made by the USACE, Omaha District.
• Utilize a global positioning system (GPS) device with sub-meter accuracy to record (survey) potential wetland or waterbody features with paired data points collected for each feature, and wetland polygons collected along the actual wetland limits.
• The City of Bozeman will incorporate collected GPS data into design files and provide to MDT. Geospatial data for the site, aquatic resource boundaries, wetland delineation, and data point locations
will be provided in an Esri Shapefile format compatible with a Geographic Information System (GIS) system. Each Shapefile is provided in the site's appropriate coordinate system and datum and attributes describing each feature.
• The BRR/BA will be documented using the ‘short form’ format provided by MDT dated June 8, 2022.
• No re-evaluation effort is scoped.
• The draft and final BRR/BA will be provided electronically only in Microsoft Word and Adobe pdf format.
• MDT review of the draft deliverable will be completed within 2 weeks of submittal.
Activity 177 Cultural Resources Management Plan
This task is to conduct a cultural resource inventory of the project’s area of potential environmental impact to identify cultural material, features, or sites. WESTON will subcontract Ethnoscience (ES) to complete this task. ES will perform an inventory to determine whether historic properties exist, evaluate significance of identified sites, and prepare a Draft Cultural Resource Inventory Report in accordance with the latest edition of MDT Cultural Resource Manual. ES will request files and obtain appropriate records from the Montana State Historic Preservation Office (SHPO) to determine if previous sites are located within the project area. In addition, Ethnoscience will examine General Land Office, aerial/satellite images of the project area, and if available, LiDAR images to assist in the identification of site leads. Ethnoscience will also examine cadastral notes to determine if there are buildings present that are now 50 years or older in age. All sites over 45 years of age, except fence lines, stock dams, and field clearing piles, as well as unnamed roads and ditches will be documented.
WESTON assumes the following to complete this activity:
• No re-evaluation effort is scoped.
• No special cultural resource permits are necessary.
• City of Bozeman will provide written rights-of-entry for identified properties.
• The inventory corridor will be 100 feet wide in most places and conducted with a single pedestrian transect.
• The survey area includes about 0.60 miles of pedestrian survey.
111
Kellen Gamradt, PE City of Bozeman - 4 - December 16, 2024
• No testing will be conducted to determine NRHP eligibility of archaeological sites. No artifacts will be collected.
• The area must be free of snow at the time of the inventory and the roads must be dry and passable. Snow and rain, and wildfire restrictions can delay the fieldwork.
• The draft and final report will be provided electronically only in Microsoft Word and Adobe pdf format.
• MDT review of the draft deliverable will be completed within 2 weeks of submittal.
Activity 111 Environmental Engineering Existing Conditions Report
This task involves analysis and documentation of potential impacts to low income and/or minority populations; environmental justice; economics; social conditions; induced growth; visual quality/aesthetics; prime farmland and/or farmland of statewide importance; historical resources, park and recreational lands, and wildlife and waterfowl refuges that may be protected by Section 4(f) of the United States Department of Transportation Act of 1966; properties acquired and/or improved with Land and Water Conservation Funds (i.e. Section 6(f) properties); surface water resources; drinking water sources; stormwater management facilities; Municipal Separate Stormwater Sewer System (MS4) requirements; Clean Water Act permitting; and Underground Injection Control program requirements.
WESTON assumes the following to complete this activity:
• The Environmental Engineering Existing Conditions report will be signed by the document’s author(s) and the Professional Engineer responsible for environmental engineering activities.
• There are no rivers designated as Wild and Scenic within the study area. This resource will not be evaluated.
• This project is located within a Municipal Separate Storm Sewer System (MS4), so Low impact development (LID) features will be evaluated.
• The site visit will be conducted in conjunction with Activity 182.
• Section 4(f) documentation (i.e., de minimis, programmatic, full) is not anticipated for this project.
• No re-evaluation effort is scoped.
• The draft and final report will be provided electronically only in Microsoft Word and Adobe pdf format.
• MDT review of the draft deliverable will be completed within 2 weeks of submittal.
Activity 116 Preliminary Environmental Document or Categorical Exclusion/Section 4(f) Evaluation
This task involves completion of MDT’s ‘Categorical Exclusion’ documentation form number MDT-ENV-020. WESTON assumes the following to complete this activity:
• Section 4(f) documentation (i.e., de minimis, programmatic, full) is not anticipated for this project.
• The September 2024 version of categorical exclusion checklist MDT-ENV-020 will be used.
• The project will continue to qualify as a categorical exclusion.
• No re-evaluation effort is scoped.
• The draft and final report will be provided electronically only in Adobe pdf format.
• MDT review of the draft deliverable will be completed within 2 weeks of submittal.
The total cost for this work is a lump sum of $29,725.49. Please don’t hesitate to contact me if you have any questions or would like to discuss this proposal in more detail. We look forward to working with you on this project.
112
Kellen Gamradt, PE City of Bozeman - 5 - December 16, 2024
Regards, Weston Solutions, Inc.
Mindy McCarthy Project Manager cc: Moriah Thunstrom, PE Andy Wanta
113
DATE:
Activity Tasks Total Hours Project
Manager
Senior
Engineer
Senior
Scientist
Junior
Scientist
Associate
Scientist
GIS Analyst Financial
Analyst
100 INTERACTIVE PROJECT EVAL.
Project Initiation, Invoicing, Progress Report 22 12 10
100 Project Management/Procurement 16 12 4
100 SUBTOTAL (HOURS)38 24 0 0 0 0 0 14
111 ENVIRONMENTAL ENGINEERING ANALYSES REPORT
111 Low Income/Minority Populations 1 1
Environmental Justice Evaluation 1 1
Social Impacts 1 1
Induced Growth 1 1
Visual Quality/Aesthetics 1 1
Prime Farmland/Statewide Importance 1 1
Section 4(f)4 4
Section 6(f)1 1
Surface Water Resources 1 1
Drinking Water Resources 1 1
Stormwater Management Faclities 1 1
Clean Water Act Permitting 1 1
Underground Injection Control 0.5 0.5
MS4/LID 0.5 0.5
Figures 4 4
111 Draft Engineering Analyses Report 9 1 8
111 Final Engineering Analyses Report 3 1 2
QA/QC of Deliverables 3 3
111 SUBTOTAL (HOURS)35 2 7 0 0 22 4 0
116
PRELIMINARY ENVIRONMENTAL DOCUMENT ORCATEGORICAL EXCLUSION/SECTION 4(f)
EVALUATION
116 Preliminary Categorical Exclusion 8 8
116 Draft Categorical Exclusion 4.0 1 1 2
116 Final Categorical Exclusion 3.0 1 1 1
116 SUBTOTAL (HOURS)15 2 2 0 11 0 0 0
178 Request Environmental Information
178 Written Requests 0
QA/QC of Deliverables 0
178 SUBTOTAL (HOURS)0 0 0 0 0 0 0 0
181
Hazardous Materials/Substances and Water Quality
ISA
181 Environmental Database Review 6 6
181 Draft ISA checklist or report 3.0 1 2
181 Final ISA checklist or report 1.5 0.5 1
QA/QC of Deliverables 2 2
181 SUBTOTAL (HOURS)12.5 1.5 2 0 0 9 0 0
182 Biological Resource Report/Biological Assessment
182 Desktop Review/Field Prep 4 4
Health and Safety Plan 3 1 2
Travel/Field Review/Wetland Delineation 45 24 20.5
Aquatic Resources 4 4
T&E Species - Endangered Species Act 4 2 2
Montana Species of Concern 3 2 1
General Aquatic Species 0.5 0.5
General Terrestrial Species 1 1
Wildlife Accommodation Needs and Opportunities 0.5 0.5
Bald and Golden Eagle Protection Act 1 1
Migratory Bird Treaty Act 0.5 0.5
Sage Grouse 0.5 0.5
Vegetation and Noxious Weeds 1 1
Wetland Delineation Data Forms 4 4
Montana Wetland Assessment Method Forms 4 4
Photo Log 4 4
Figures 8 8
182 Draft BRR/BA 25 1 4 20
182 Final BRR/BA 6 1 1 4
QA/QC of Deliverables 6 2 4
182 SUBTOTAL (HOURS)124.5 2 3 13 78 20.5 8 0
SURVEY PHTOTAL SURVEY PHASE HOURS 225 31.5 14 13 89 51.5 12 14
DESIGN PHATOTAL DESIGN PHASE HOURS 0 0 0 0 0 0 0 0
R/W PHASE TOTAL RIGHT OF WAY PHASE HOURS 0 0 0 0 0 0 0 0
Total Project Total Project Hours 225 31.5 14 13 89 51.5 12 14
PROJECT: Bike/Peds Path - BozemanUPN: 10420000 Estimate Prepared By: Weston Solutions, Inc.1/6/2025
Page 1 of 2
114
DATE:
Hours % of total Rate Extension
32 14%50.85 1,601.78
Senior Engineer - Thunstrom 14 6%57.87 810.18
Senior Scientist - Korsmo 13 6%54.42 707.46
Junior Scientist - Wanta 89 40%37.33 3,322.37
Associate Scientist - Powell 52 23%26.99 1,389.99
12 5%41.08 492.96
14 6%42.91 600.74
225
LABOR SUBTOTAL $8,925.47
1.4959 OVERHEAD SUBTOTAL $13,351.61
TOTAL LABOR/OVERHEAD $22,277.08
0.00
Hours Per Hour 0.00Title commitments Parcels Per Parcel 0.00Vehicle Rental/Gas Days 2 Per Day $79 158.54
Miles Per Mile GSA 0.00
Airline Trips Trips Per Trip 0.00
Days 2 Per Day $176 GSA 352.00
Days 4 Per Day $60 GSA 240.00
Days Per Day 0.00
Days 2 Per Day $88.00 176.00
TOTAL DIRECT NONLABOR $926.54
Drilling Contractor
Soils/Geotechnical Survey/Report/Testing
Cultural Resource Studies/Report 3,848.62
Noise Study
Traffic Study/Report
Biological Resources Studies/Report
Surveys
Subsurface Utility Engineering Hazardous Materials (Initial Site Assessment) Landscaping Plans
Electrical/Lighting Signalization etc
Aerial Photography/Mapping
Other
TOTAL OUTSIDE SERVICES AND SUBCONTRACTS $3,848.62
Total Labor/ Overhead 22,277.08
Total Direct NonLabor 926.54
Total Outside Services & Subcontracts 3,848.62Profit (12% of Total Labor Costs)2,673.25
TOTAL ESTIMATED COST $29,725.49
Airport Parking
iPad/GPS
GENERAL OVERHEAD @
Computer
Mileage
Lodging
Meals
DIRECT NONLABOR
Miscellaneous (Blueline
PROJECT: Bike/Peds Path - Bozeman
UPN: 10420000
Estimate Prepared By: Weston Solutions, Inc.
GIS Analyst - Beckley
COST SUMMARY
1/6/2025
RECAPITULATION
TOTAL HOURS
Project Manager - McCarthy
Financial Analyst - Lewis
OUTSIDE SERVICES AND SUBCONTRACTS
Page 2 of 2
115
Weston Solutions, Inc.
805 N. Last Chance Gulch
Helena, MT 59601
406-646-2401
WestonSolutions.com
January 2, 2025
Kellen Gamradt, PE City of Bozeman 121 N Rouse Ave Bozeman, MT 59715
Re: Path Preservation II - Bozeman Project Number: TA 50-2(105)87 UPN: 10450000
Environmental Document Preparation
Dear Kellen:
Weston Solutions, Inc. (WESTON) is pleased to present this scope of services for the Path Preservation II – Bozeman project in Bozeman, Montana. This project involves asphalt pathway preservation on existing shared use pathways adjacent to Oak Street, North 19th Avenue, and Huffine Lane. This scope of services has been prepared using the Montana Department of Transportation’s (MDT) consultant design activities descriptions, modified to fit the size and scope of the project.
Activity 100 Interactive Project Evaluation
This task is for project management activities. WESTON assumes production of 7 monthly invoices and progress
reports.
Activity 178 Request for Environmental Information
This task is to prepare information request letters to assess and forecast related environmental impacts. WESTON
assumes all environmental information will be readily available on-line and that written requests for environmental information will be unnecessary.
Activity 181 Hazardous Materials/Substances and Water Quality - ISA
This task involves completion of MDT’s ‘Initial Site Assessment’ (ISA) form number MDT-ENV-003. WESTON assumes the following to complete this activity:
• The ISA will consist of an online hazard contamination check only. No field verification is anticipated.
• A preliminary site investigation will not be required.
• A traffic noise analysis will not be required.
• Additional detailed analyses will not be required.
• The June 2023 version of ISA checklist MDT-ENV-003 will be used.
• No re-evaluation effort is scoped.
• The draft and final form will be provided electronically only in Adobe pdf format.
• MDT review of draft deliverable will be completed within 2 weeks of submittal.
116
Kellen Gamradt, PE City of Bozeman - 2 - January 2, 2025
Activity 182 Biological Resource Report/Preliminary Biological Assessment (BRR/BA)
This task involves evaluation and assessment of baseline conditions and potential project effects on aquatic and biological resources. Aquatic resources include wetlands, streams, and other regulated resources. Biological resources include candidate, proposed, threatened, and endangered species; state species of concern; general aquatic and terrestrial species; wildlife accommodation needs and opportunities; eagles, migratory birds, and sage grouse; vegetation and noxious weeds. WESTON will review information from the Montana Natural Heritage Program database, Montana Fisheries Information System, and U.S. Fish & Wildlife Service (USFWS) to determine the potential occurrence of threatened and endangered species within the project corridor. A preliminary determination of effect for candidate, proposed, threatened, and endangered species and designated critical habitat will be included in the assessment. Recommendations to reduce and/or eliminate adverse impacts will be briefly described.
WESTON assumes one (1) field trip to the site to evaluate baseline conditions and to confirm no wetlands are
present within the project limits. WESTON field personnel will collect data on vegetative communities, tree species and locations, invasive species, and potential nesting habitat during the field survey. This data will be used to evaluate potential effects to biological resources within the study area.
WESTON assumes the following to complete this activity:
• Review desktop data prior to conducting the field survey, including U.S. Geological Survey 7.5-minute topographic quadrangle maps; USFWS National Wetlands Inventory (NWI) maps; aerial photographs (current and historical); U.S. Department of Agriculture Natural Resources Conservation Service County Soil Surveys; and Federal Emergency Management Agency Flood Hazard Maps. Review of these
documents will assist in the planning and execution of the field survey and will be documented in the report.
• Upon authorization, City of Bozeman will provide WESTON survey area boundaries that accurately depict the survey area including project area access. City of Bozeman will provide written rights-of-entry for identified properties.
• WESTON will complete an Occupational Safety and Health Administration (OSHA)-compliant Health and Safety Plan prior to field work.
• WESTON will have safe and timely access to the survey property. WESTON will only survey areas with explicit permission for WESTON access.
• The BRR/BA will be documented using the ‘short form’ format provided by MDT dated June 8, 2022.
• No re-evaluation effort is scoped.
• The draft and final BRR/BA will be provided electronically only in Microsoft Word and Adobe pdf format.
• MDT review of the draft deliverable will be completed within 2 weeks of submittal.
Activity 177 Cultural Resources Management Plan
This task is to conduct a cultural resource inventory of the project’s area of potential environmental impact to identify cultural material, features, or sites. Because this is a path preservation project on existing paths, no cultural resources survey is required for this project (per email from Ben Schendel, dated January 2, 2025.) Activity 111 Environmental Engineering Existing Conditions Report
This task involves analysis and documentation of potential impacts to low income and/or minority populations; environmental justice; economics; social conditions; induced growth; visual quality/aesthetics; prime farmland
117
Kellen Gamradt, PE City of Bozeman - 3 - January 2, 2025
and/or farmland of statewide importance; historical resources, park and recreational lands, and wildlife and waterfowl refuges that may be protected by Section 4(f) of the United States Department of Transportation Act of 1966; properties acquired and/or improved with Land and Water Conservation Funds (i.e. Section 6(f) properties); surface water resources; drinking water sources; stormwater management facilities; Municipal Separate Stormwater Sewer System (MS4) requirements; Clean Water Act permitting; and Underground Injection Control program requirements.
WESTON assumes the following to complete this activity:
• The Environmental Engineering Existing Conditions report will be signed by the document’s author(s) and the Professional Engineer responsible for environmental engineering activities.
• There are no rivers designated as Wild and Scenic within the study area. This resource will not be evaluated.
• Low impact development features will not be evaluated since this project is not considered new development or redevelopment.
• The site visit will be conducted in conjunction with Activity 182.
• Section 4(f) documentation (i.e., de minimis, programmatic, full) is not anticipated for this project.
• No re-evaluation effort is scoped.
• The draft and final report will be provided electronically only in Microsoft Word and Adobe pdf format.
• MDT review of the draft deliverable will be completed within 2 weeks of submittal.
Activity 116 Preliminary Environmental Document or Categorical Exclusion/Section 4(f) Evaluation
This task involves completion of MDT’s ‘Categorical Exclusion’ documentation form number MDT-ENV-020. WESTON assumes the following to complete this activity:
• Section 4(f) documentation (i.e., de minimis, programmatic, full) is not anticipated for this project.
• The September 2024 version of categorical exclusion checklist MDT-ENV-020 will be used.
• The project will continue to qualify as a categorical exclusion.
• No re-evaluation effort is scoped.
• The draft and final report will be provided electronically only in Adobe pdf format.
• MDT review of the draft deliverable will be completed within 2 weeks of submittal.
The total cost for this work is $18,666.40. Please don’t hesitate to contact me if you have any questions or would like to discuss this proposal in more detail. We look forward to working with you on this project.
Regards,
Weston Solutions, Inc.
Mindy McCarthy Project Manager
cc: Moriah Thunstrom, PE
Andy Wanta
118
DATE:
Activity Tasks Total Hours Project
Manager
Senior
Engineer
Senior
Scientist
Junior
Scientist
Associate
Scientist
GIS Analyst Financial
Analyst
100 INTERACTIVE PROJECT EVAL.
Project Initiation, Invoicing, Progress Report 22 12 10
100 Project Management/Procurement 12 12
100 SUBTOTAL (HOURS)34 24 0 0 0 0 0 10
111 ENVIRONMENTAL ENGINEERING ANALYSES REPORT
111 Low Income/Minority Populations 1 1
Environmental Justice Evaluation 1 1
Social Impacts 1 1
Induced Growth 1 1
Visual Quality/Aesthetics 1 1
Prime Farmland/Statewide Importance 1 1
Section 4(f)4 4
Section 6(f)1 1
Surface Water Resources 1 1
Drinking Water Resources 1 1
Stormwater Management Faclities 1 1
Clean Water Act Permitting 1 1
Underground Injection Control 0.5 0.5
Figures 4 4
111 Draft Engineering Analyses Report 9 1 8
111 Final Engineering Analyses Report 3 1 2
QA/QC of Deliverables 3 3
111 SUBTOTAL (HOURS)34.5 2 7 0 0 21.5 4 0
116
PRELIMINARY ENVIRONMENTAL DOCUMENT OR
CATEGORICAL EXCLUSION/SECTION 4(f) EVALUATION
116 Preliminary Categorical Exclusion 8 8
116 Draft Categorical Exclusion 4.0 1 1 2
116 Final Categorical Exclusion 3.0 1 1 1
116 SUBTOTAL (HOURS)15 2 2 0 0 11 0 0
181
Hazardous Materials/Substances and Water Quality
ISA
181 Environmental Database Review 6 6
181 Draft ISA checklist or report 3.0 1 2
181 Final ISA checklist or report 1.5 0.5 1
QA/QC of Deliverables 2 2
181 SUBTOTAL (HOURS)12.5 1.5 2 0 0 9 0 0
182 Biological Resource Report/Biological Assessment
182 Desktop Review/Field Prep 4 4
Health and Safety Plan 3 1 2
Travel/Field Review 8 8
Aquatic Resources 2 2
T&E Species - Endangered Species Act 4 2 2
Montana Species of Concern 3 2 1
General Aquatic Species 0.5 0.5
General Terrestrial Species 1 1
Wildlife Accommodation Needs and Opportunities 0.5 0.5
Bald and Golden Eagle Protection Act 1 1
Migratory Bird Treaty Act 1.0 1
Sage Grouse 0.5 0.5
Vegetation and Noxious Weeds 1 1
Photo Log 3 3
Figures 6 6
182 Draft BRR/BA 21 1 4 16
182 Final BRR/BA 6 1 1 4
QA/QC of Deliverables 2 2
182 SUBTOTAL (HOURS)67.5 2 3 9 47.5 0 6 0
SURVEY PHTOTAL SURVEY PHASE HOURS 163.5 31.5 14 9 47.5 41.5 10 10
DESIGN PHATOTAL DESIGN PHASE HOURS 0 0 0 0 0 0 0 0
R/W PHASE TOTAL RIGHT OF WAY PHASE HOURS 0 0 0 0 0 0 0 0
Total Project Total Project Hours 163.5 31.5 14 9 47.5 41.5 10 10
PROJECT: Path Preservation II - BozemanUPN: 10420000 Estimate Prepared By: Weston Solutions, Inc.1/6/2025
Page 1 of 2
119
DATE:
Hours % of total Rate Extension
32 19%50.85 1,601.78
Senior Engineer - Thunstrom 14 9%57.87 810.18
Senior Scientist - Korsmo 9 6%54.42 489.78
Junior Scientist - Wanta 48 29%37.33 1,773.18
Associate Scientist - Powell 42 25%26.99 1,120.09
10 6%41.08 410.80
10 6%42.91 429.10
164
LABOR SUBTOTAL $6,634.90
1.4959 OVERHEAD SUBTOTAL $9,925.14
TOTAL LABOR/OVERHEAD $16,560.03
0.00
Hours Per Hour 0.00Title commitments Parcels Per Parcel 0.00Vehicle Rental/Gas Days 1 Per Day $100 100.16
Miles Per Mile $0.70 GSA 0.00
Airline Trips Trips Per Trip 0.00
Days Per Day GSA 0.00
Days 1 Per Day $19 GSA 19.00
Days Per Day 0.00
Days Per Day 0.00
TOTAL DIRECT NONLABOR $119.16
Drilling Contractor
Soils/Geotechnical Survey/Report/Testing
Cultural Resource Studies/Report
Noise Study
Traffic Study/Report
Biological Resources Studies/Report
Surveys
Subsurface Utility Engineering Hazardous Materials (Initial Site Assessment) Landscaping Plans
Electrical/Lighting Signalization etc
Aerial Photography/Mapping
Other
TOTAL OUTSIDE SERVICES AND SUBCONTRACTS $0.00
Total Labor/ Overhead 16,560.03
Total Direct NonLabor 119.16
Total Outside Services & Subcontracts 0.00
Profit (12% of Total Labor Costs)1,987.20
TOTAL ESTIMATED COST $18,666.40
RECAPITULATION
TOTAL HOURS
Project Manager - McCarthy
Financial Analyst - Lewis
OUTSIDE SERVICES AND SUBCONTRACTS
PROJECT: Path Preservation II - Bozeman
UPN: 10420000
Estimate Prepared By: Weston Solutions, Inc.
GIS Analyst - Beckley
COST SUMMARY
1/6/2025
Airport Parking
iPad
GENERAL OVERHEAD @
Computer
Mileage
Lodging
Meals
DIRECT NONLABOR
Miscellaneous (Blueline
Page 2 of 2
120
Memorandum
REPORT TO:City Commission
FROM:Jon Kercher, Water Reclamation Facility Superintendent
Shawn Kohtz, Utilities Director
SUBJECT:Authorize the City Manager to sign a Professional Services Agreement with
Jacobs for Engineering Services to Study the Phosphorous Removal Process
in Place at the Water Reclamation Facility
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve and authorize the City Manager to sign a Professional Services
Agreement with Jacobs for engineering services to study the phosphorous
removal process in place at the Water Reclamation Facility.
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:Secondary treatment at the Water Reclamation Facility (WRF) utilizes
enhanced biological phosphorus removal, which results in high
concentrations of phosphate in the part of the WRF that processes solids. To
address phosphate concerns, the WRF adds a 60% magnesium hydroxide
slurry into the treatment process to sequester released phosphate as
struvite. The struvite is retained in the solids and is ultimately disposed at
the Logan landfill. The plant has been dosing magnesium since 2017,
coinciding with treatment process upgrades at the WRF.
The cost of this magnesium addition has increased steadily over the last five
years, and an evaluation of current performance, as well as future needs is
warranted if the City is to continue maintaining current performance in a
cost-effective way. This study will help us determine the most cost-effective
strategy for managing phosphorus in the solids while maintaining WRF
performance.
UNRESOLVED ISSUES:None
ALTERNATIVES:As Suggested by the Commission
FISCAL EFFECTS:The total cost for these professional services is $49,995. Funding has been
121
allocated in the FY25 Small Works budget for the Water Reclamation Facility.
Attachments:
Bozeman Phosphorus Short Form PSA Engineering_Final
Jacobs Executed 1.10.25.pdf
Report compiled on: January 10, 2025
122
Professional Services Agreement – Engineering
FY2020-2021
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2020
(“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 Jacobs Engineering Group Inc. with a mailing
address of 1301 West Summit Street, Livingston, MT 59047, hereinafter referred to as
“Consultant.” The City and Consultant may be referred to individually as “Party” and collectively
as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Consultant to perform for City services
described in the Scope of Services attached hereto as “Exhibit A” and by this reference made a
part hereof for the Project: Digester Phosphate Evaluation.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will
terminate upon satisfactory completion of the agreed Scope of Services, which may be amended
from time to time by the mutual agreement of the Parties pursuant to terms of this agreement,
as determined by the City.
3. Scope of Services: Consultant 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.
Consultant may, at its own risk, use or rely upon design elements and information ordinarily or
customarily furnished by others, including, but not limited to, specialty contractors, Sub-
consultants, manufacturers, suppliers, and publishers of technical standards.
4. Payment for Scope of Services: City agrees to pay Consultant for the completion of the
Scope of Services on a time and materials basis to not exceed $49,995 The Consultant’s
billing rates in $/hr for its employee classes and a detailed breakdown of personnel hours directly
assigned to each task of the Scope of Services is provided herewith as part of Exhibit A.
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5. Reimbursable Expenses: As defined in section 8 of this Agreement, for completion of the
Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the
Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed
$2,300. The estimated reimbursable expenses are provided herewith as part of Exhibit A
6. Additional Services: If the City requests Consultant to perform any Additional Services
not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and
the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to
complete the Additional Services requested. The City and Consultant shall mutually agree upon
a basis of payment for the Additional Services requested prior to the Consultant proceeding with
such Additional Services.
7. Times of Payments: The Consultant may submit monthly statements for the Scope of
Services and approved Additional Services rendered and for Reimbursable Expenses incurred.
The statements shall be based upon Consultant’s estimate of the proportion of the total Scope
of Services actually completed for each task at the time of billing. The City shall issue payment
for all approved invoices within 60 days of receipt.
8. Meaning of Terms:
a. Additional Services: Additional Services means services resulting from significant
changes in the general scope, extent or character of the Project or major changes in
documentation previously accepted by the City where changes are due to causes beyond the
Consultant’s control. Additional Services can also mean providing other services not otherwise
provided for in the Agreement that are substantially similar to and generally consistent with the
nature of services contained in the Scope of Services.
b. Agreement: As used herein the term “this Agreement” refers to the contents of
this document and its Attachments and Exhibits attached hereto and referred to as if they were
part of one and the same document.
c. Direct Labor Costs: Direct Labor Costs used as a basis for payment mean the
actual salaries and wages paid to all of the Consultant’s personnel engaged directly on the Scope
of Services but does not included indirect payroll related costs or fringe benefits.
d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses
incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as
expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized
technology or software subscription charges; reproduction of reports, technical memoranda,
drawings, renderings and similar Project-related items.
e. Sub-consultants: Sub-consultants means any independent professional
associates working on the Project that are not directly employed by the Consultant and have
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rather been hired by the Consultant to serve a particular role or offer a particular service for the
Project.
9. Consultant’s Representations: To induce City to enter into this Agreement, Consultant
makes the following representations:
a. Consultant 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. Consultant represents and warrants to City that it has the experience and ability
to perform the services required by this Agreement; that it will perform the services in a
professional, competent and timely manner and with diligence and skill; that it has the power to
enter into and perform this Agreement and grant the rights granted in it; and that its performance
of this Agreement shall not infringe upon or violate the rights of any third party, whether rights
of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature
whatsoever, or violate any federal, state and municipal laws. The City will not determine or
exercise control as to general procedures or formats necessary to have these services meet this
warranty.
10. Independent Contractor Status/Labor Relations: The parties agree that Consultant is an
independent Contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Consultant is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Consultant is not authorized to represent the City or
otherwise bind the City in any dealings between Consultant and any third parties.
Consultant 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. Consultant shall maintain workers’ compensation coverage
for all members and employees of Consultant’s business, except for those members who are
exempted by law.
11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered,
to the fullest extent permitted by law, Consultant 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
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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 Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of
the Consultant’s agents.
For the professional services rendered, to the fullest extent permitted by law, Consultant
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 Consultant or Consultant’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 which would otherwise exist as to such indemnitee(s).
Consultant’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 Consultant to assert its right to
defense or indemnification under this Agreement or under the Consultant’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 Consultant 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 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.
Consultant 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, Consultant shall at Consultant’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 Consultant in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Consultant in this Section.
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The insurance listed below, excluding the commercial general liability and automobile
liability, 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 and which is acceptable to the City. Consultant’s commercial general
liability and automobile liability coverage will respond to third party claims that are caused by
Consultant. Consultant shall furnish to the City an accompanying certificate of insurance and
accompanying endorsements in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City 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. The City must approve all insurance coverage and endorsements
prior to the Consultant commencing work. Consultant shall notify City within two (2) business
days of Consultant’s receipt of notice that any required insurance coverage will be terminated or
Consultant’s decision to terminate any required insurance coverage for any reason.
12. Termination for Consultant’s Fault:
a. If Consultant 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
Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to
Consultant’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 12, Consultant shall be
entitled to payment only for those services Consultant actually rendered.
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, Consultant 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.
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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 performance under this Agreement, the City may terminate this
Agreement by written notice to Consultant (“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 Consultant.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Consultant 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. Consultant 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 13, Consultant is entitled to
payment only for those services Consultant 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
Consultant for its performance of this Agreement. Consultant 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 Consultant’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Consultant under this Agreement,
Consultant’s damages shall be limited to contract damages and Consultant 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 Consultant wants to assert a claim for damages of any kind or nature,
Consultant 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 Consultant becoming aware of the facts and circumstances giving
rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all
rights to assert such claim.
15. Representatives and Notices:
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a. City’s Representative: The City’s Representative for the purpose of this Agreement
shall be Jon Kercher 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, Consultant 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. Consultant’s Representative: The Consultant’s Representative for the purpose of
this Agreement shall be Jodie Binger, PE or such other individual as Consultant shall designate in
writing. Whenever direction to or communication with Consultant is required by this Agreement,
such direction or communication shall be directed to Consultant’s Representative; provided,
however, that in exigent circumstances when Consultant’s Representative is not available, City
may direct its direction or communication to other designated Consultant 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. Permits: Consultant 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.
17. Laws and Regulations: Consultant 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.
18. Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by
Consultant of persons performing this Agreement shall be on the basis of merit and qualifications.
The Consultant will have a policy to provide equal employment opportunity in accordance with
all applicable state and federal anti-discrimination laws, regulations, and contracts. The
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Consultant 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 Consultant 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.
Consultant 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). Consultant must report to the City any violations of the Montana Equal Pay Act that
Consultant has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Consultant shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant shall not
permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by
any employee or agent engaged in services to the City under this Agreement while on City
property or in the performance of any activities under this Agreement. Consultant 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 Consultant shall
be obligated to furnish such proof.
The Consultant shall be responsible for instructing and training the Consultant's
employees and agents in proper and specified work methods and procedures. The Consultant
shall provide continuous inspection and supervision of the work performed. The Consultant is
responsible for instructing its employees and agents in safe work practices.
20. Modification and Assignability: This Agreement may not be enlarged, modified,
amended or altered except by written agreement signed by both parties hereto. The Consultant
may not subcontract or assign Consultant’s rights, including the right to compensation or duties
arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee
will be bound by all of the terms and conditions of this Agreement.
21. Reports/Accountability/Public Information: Consultant agrees to develop and/or
provide documentation as requested by the City demonstrating Consultant’s compliance with
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the requirements of this Agreement. Consultant 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 Consultant pursuant to this Agreement
was used in compliance with this Agreement and all applicable provisions of federal, state, and
local law. The Consultant shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
22. 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.
23. 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.
24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
25. 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.
26. Survival: Consultant’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
27. 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.
28. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
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29. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
31. 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.
32. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
33. 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.
34. Standard of Care: In providing services under this Agreement, Consultant will perform in
a manner consistent with the degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances. If any service should be found
to be not in conformance with this standard, the Consultant shall, at the City’s request, re-
perform the service at its own expense. Consultant shall also, at its own expense, make such
changes, modifications or additions to the project which are made necessary as a result of the
initial non-performance or the re-performance of services. The City’s rights herein are in addition
to any other remedies the City may have under the law
35. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all
monies due Consultant under this Agreement, Consultant’s work products produced under this
Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or
modification of the work products will be at City’s sole risk and without liability or legal exposure
to Consultant or to its officers, directors, members, partners, agents, employees, and
consultants.
36. Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30,
Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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Professional Services Agreement – Engineering FY2020-2021 Page 11 of 11 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: Chuck Winn, Acting City Manager
BY:
Court Harris, Vice President DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney
January 10, 2025
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Memorandum
Jacobs Engineering Group Inc. 1
Digester Phosphate Evaluation Scope of Work
Date: November 22, 2024 712 N D Street
Livingston, MT 59047
United States
T +1.406.823.0705
www.jacobs.com
Project name: Digester Phosphate Evaluation Scope of Work
Project no: W9Y29902
Attention: Jon Kercher
Company: City of Bozeman
Project Understanding
The City of Bozeman (City) Water Reclamation Facility (WRF) utilizes anaerobic digestion to process sludge
from the primary and secondary treatment processes. The anaerobic digestion approach involves three
digesters operating in series, where the first two digesters process primary sludge (PS) with a retention
time exceeding 30 days. The third digester incorporates thickened waste activated sludge (TWAS) into
already digested thickened primary sludge (TPS), adding an additional retention time of approximately 15
days. The City is in the process of expanding their digestion process to add an additional digester in the
second stage.
Secondary treatment at the WRF utilizes enhanced biological phosphorus removal (EBPR), which can
result in high concentrations of phosphate (PO4) in the digesters and likely manifest as uncontrolled
struvite formation within the digestion and dewatering process. To address nuisance struvite and PO4
recycle load concerns, the City adds a 60% magnesium hydroxide (Mg(OH)₂) slurry into the recycle line of
the third digester to sequester released PO4 as struvite (MgNH4PO4•6H2O). The formed struvite is retained
in the sludge and exits with the WRF’s biosolids. The Mg(OH)2 also provides supplemental alkalinity which
may contribute to digester stability. The plant has been dosing Mg(OH)₂ since 2017, coinciding with the
transition to EBPR. This strategy has been successful at maintaining reduced PO4 return loads to the
secondary process and limiting detrimental struvite formation.
Given the onset of Mg(OH)2 dosing coincides with implementation of EBPR, data on the natural PO4
concentrations that would be observed without Mg(OH)2 dosing is not available. This has limited the City’s
ability to quantify how much struvite is being created and what potential remains for struvite formation
downstream of the digester. Despite sequestering released PO4 with Mg(OH)2, the City continues to have
struvite formation within the screw presses, and they are manual cleaned with hydrochloric acid and a
pressure washer on a weekly basis. Additionally, the digesters have not been taken out of service since
implementation of EBPR, and it is unknown if the intentionally formed struvite is accumulating within the
digester or ancillary processes.
Scope of Work
Objective:
This evaluation aims to assess the existing Mg(OH)₂ approach to provide a more thorough understanding
of dosing requirements and identify improvements that could be considered for the process. Major
outcomes of the evaluation are expected to be as follows:
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Memorandum
Jacobs Engineering Group Inc. 2
1) Determination of the recommended Mg(OH)₂ dosing to maintain biological phosphorus removal
performance and protect the digestion/dewatering process components from struvite formation.
2) 2) Evaluation of alternative injection points that may ease operations.
3) 3) Quantification of the operational cost of the current Mg(OH)₂ approach to allow for more
accurate benchmarking to alternative struvite/PO4 management approaches.
Scope Components:
The scope of services proposed are listed below and described in detail in the task descriptions:
• Task 1 – Project Management
• Task 2 – Technical Work
• Task 3 – Documentation
Task 1 – Project Management
Project management will be conducted by Jacobs and will include coordination with the City, internal Jacobs
schedule management, progress reporting and invoicing, and project administration.
Task 1 Deliverables
• Progress Report and Monthly Invoicing, delivered electronically to the City via email.
Task 1 Assumptions
• Project management is estimated as 2 hours per month.
• Project management level of effort is based on the assumed project duration of 6 months.
Task 2 – Technical Work
Task 2 work includes three subtasks as follows:
Task 2.a – Field Testing
Jacobs will draft a sampling plan in coordination with the City to obtain sample data on the current facility
operation. The final sampling plan will be based on existing facility testing capabilities and utilizing an
outside lab as needed. The sampling test plan will be delivered to the City as a PDF via email. A draft
sampling plan to assist the City in estimating sampling costs (to be conducted by the City) will be based on
the following:
o Goal: Provide supplemental information to facilitate PO4 mass balances across the
digester, provide supplemental data for evaluation, and enhance scope objectives.
o Existing Process Enhanced Sampling
1. Screw Press Liquor: Analyze PO4-P, NH₃-N, Mg²⁺, Ca²⁺, K⁺, (optionally Fe2+, Al3+,
Na+), pH, conductivity, and alkalinity 2-3 times a week for 4 weeks.
2. Digester #2 Effluent: Analyze PO4-P, NH₃-N, Mg²⁺, Ca²⁺, K⁺, (optionally Fe2+, Al3+,
Na+, VFA) and pH with the same frequency as above.
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Memorandum
Jacobs Engineering Group Inc. 3
3. Digester #3 Effluent: Analyze for the same parameters as the Screw Press Liquor
to assess struvite precipitation across the screw press (by mass balance).
4. Plant Influent: Analyze COD, VFA, soluble Mg/Ca, and total Mg/Ca/Fe/Al.
Task 2.b – Assess Mg(OH)2 requirements
Work under this subtask will be to complete benchtop studies (to be conducted by Jacobs with the
assistance of the City). Task 2.b will commence following the completion of Task 2.a.
o Goal: When used in conjunction with data collected from Existing Process Enhanced
Sampling, a benchtop study can be used to help quantify the amount of PO4 that is being
released in the digester and sequestered as struvite.
1. Task #1: WAS Phosphorus Release Testing (conducted by Jacobs and the City):
1. Conduct two 48-hour anaerobic phosphate release tests using TWAS: 1)
with acetic acid and 2) With digester #2 effluent in the feed ratio for
digester #3.
2. Analyze PO4-P, Mg²⁺, NH₃-N and pH (optionally VFA) at 0, 8, 24 and 48
hours.
2. Task #2: Struvite Assay in Digested Sludge by two comparative methods:
1. Method A: Acidify a digested sludge sample to pH < 4 and analyze for
PO4-P, NH₃-N, Ca, Mg at the natural pH and at pH<4. The process will
dissolve struvite and other minerals and their quantities can be estimated
by mass balances. The test should be repeated twice, on different days.
2. Method B: Dry the same sample collected for Method A at ≤ 40°C and use
X-Ray Diffraction analysis (at an external lab) to quantify struvite.
3. Jacobs will coordinate with the City to determine a list of suitable equipment and
supplies for the City to procure prior to conducting the above tests. Procedures to
be developed based on the equipment that City currently owns and operates.
Equipment needed will include beakers or a jar test apparatus, benchtop
dewatering and filtration equipment, a pH probe and Hach photospectrometer
with Test ‘N Tube (TNT) test kits, etc.
o Goal: Assess required Mg(OH)₂ to maintain existing WRF biological phosphorus removal
performance.
1. Update the City’s existing BioWin™ model to reflect field sampling and benchtop
results obtained in Task 1; with an emphasis on digester PO4 precipitation.
2. Utilize the existing process model to assess the connection between digester PO4
sequestration and WRF effluent PO4 and recommend the amount of removal
required to maintain effluent performance.
o Goal: Assess Mg(OH)₂ dose required to protect digestion and dewatering equipment from
detrimental struvite formation.
136
Memorandum
Jacobs Engineering Group Inc. 4
1. Evaluate field data to determine the limiting components and drivers in struvite
formation.
2. Establish PO4 removal and Mg(OH)₂ dosing to mitigate detrimental struvite
production risks.
Task 2.c – Quantify Operational Costs and Implementation Considerations.
Work under this subtask will quantify operational cost of Mg(OH)₂ addition under the current and
recommended dosing rates identified in Task 2.b.The task will also provide recommendations for
future modifications to be considered in future studies. This is likely to include alternative feed points,
chemical batching, and chemical delivery considerations.
Task 3 – Documentation
The purpose of Task 3 will be to compile the results and conclusions of Task 2 work into a technical memo
(TM) to the City to document the current facility operation, potential implementation modifications, and the
anticipated operating costs. A draft TM will be delivered as a PDF via email. A virtual review meeting will be
set up with the City to discuss the TM with review comments incorporated into a final TM.
Deliverables and Assumptions
Deliverables:
Task 2.a will be delivered as a PDF sampling plan for the City to follow.
The updated BioWin™ model will be provided to the City as native files.
The results will be documented in a summary technical memorandum (draft and final) and summary
workshop (virtual).
Scope Assumptions:
The scope of work and level of effort are based on the following assumptions:
1. One Jacobs employee will travel to Bozeman to support the facility benchtop testing for 1 week
associated with Task 2.b.
2. The existing BioWin™ model of the WRF can be provided and the model represents an acceptable
calibration of the existing process.
3. The data requested in Appendix A can be provided.
4. Workshops/Meetings: One kick off meeting, one summary workshop and 2 progress meetings are
assumed. Meetings are planned to be virtual to be attended by two Jacobs employees.
5. All labor for field sampling and associated cost of analysis will be provided by the City (Task 2.a).
6. All materials, supplies and some supporting labor, required for benchtop testing will be provided
by the City (Task 2.b).
7. The project budget will be managed at the project level rather than task or subtask level.
137
Memorandum
Jacobs Engineering Group Inc. 5
Estimated Fee and Schedule
It is anticipated that this work will take six months to complete; starting on January 1st. Jacobs will provide
this scope of services including labor and expenses on a time and materials basis. The project cost is not to
exceed $49,995 and is detailed in the below cost estimate. Services will be invoiced at the rates included
in the cost estimate.
Labor HourLabor Hour & Fee Summary
Billing Rate $175 $265 $185 $185 $350 $220 $100
12 0 0 0 0 4 0 16 2,980$ $0 $2,980
4 24 82 30 5 0 0 145 29,530$ $2,300 $31,830
11 16 16 16 6 0 10 75 15,185$ -$ 15,185$
27 40 98 46 11 4 10 236 47,695$ 2,300$ 49,995$ Colin Fitzgerald, Senior TechnologistDerek Lycke, Senior TechnolgistTotals
Task 1 - Project Management
Task 2 - Technical Work
Task 2 - Documentation
Task
Key Staff
Document ProcessingStaff EngineerJodie Binger,Project ManagerMike Petersen, HSEBruce Johnson, Fellow Technolgist/QCTotalJacobs Staff Labor HoursDirect Labor CostsTravel Expenses138
Memorandum
Jacobs Engineering Group Inc. 6
Attachment A: Request for information:
• Current plant operational data
o Influent/effluent
o Bioreactor MLSS
o Solids production
o Chemical use
• Existing process model information
o Calibrated Biowin™ model or other commercial platform
o Previoys special sampling data
o Reports describing calibration
• Current operational costs
o Mg(OH)2 chemical costs
o Labor costs to maintain Mg(OH)2 equipment and screw press cleaning labor
139
Memorandum
REPORT TO:City Commission
FROM:Shawn Kohtz, Utilities Director
SUBJECT:Authorize the City Manager to Sign an Agreement with the Montana
Department of Transportation (MDT) for Utilities Relocates Associated with
MDT Work on North 7th Avenue
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to execute the attached agreement with the
Montana Department of Transportation (MDT) for utilities relocates
associated with MDT work on North 7th Avenue.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:Montana Department of Transportation allocated federal aid funds to
perform improvements to N. 7th at the intersections with Mendenhall,
Peach, Tamarack, and Oak. Pursuant to MDT’s attached contract and to
mobilize the federal funds allocated by MDT to the project, MDT requires
the City to pay 25% of the costs of relocating elements of sewer and water
utilities to accommodate the work. MDT will pay a 75% share of the utility
relocate costs. The project will require adjustment of 12 water valve boxes, 1
manhole rim, 1 fire hydrant, and 1 curb stop valve in the water and sewer
pipe systems. The attached agreement was reviewed by City Attorney
Sullivan and Utilities Director Kohtz.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The anticipated fiscal effect to the City is $7,937 from the Water Fund and
$379 from the Sewer Fund.
Attachments:
9313000_CITY_OF_BOZEMAN_928
9313000_CITY_OF_BOZEMAN_938
9313000_CITY_OF_BOZEMAN_904
9313000_CITY_OF_BOZEMAN_EXHIBIT_MARKED
MDT ADDENDUM A
MDT NONDISCRIMINATION 2022
140
Report compiled on: January 15, 2025
141
Christopher Dorrington, Director
2701 Prospect ▪ PO Box 201001
Helena MT 59620-1001
Right of Way Bureau – Utility Section
Phone: (406) 444–6080
Fax:(406) 444–6091
MDT-ROW-928
Rev. 06/24
An Equal Opportunity Employer Engineering Division
TTY: (800) 335–7592
Web Page: www.mdt.mt.gov
UTILITY AGREEMENT
Designation:N 7th Ave Improv - Bozeman I/C Project ID: CMDP 118-1(11)10
Gallatin County Uniform Project No.: 9313000
This Agreement is entered into this date ______________________ between the State of Montana, acting through its
Department of Transportation, hereinafter called the “STATE”, and the Bozeman, owner of the utility, hereinafter called
the “OWNER”.
WITNESSETH:
WHEREAS the STATE proposes to construct a public highway to be known as CMDP 118-1(11)10 in Gallatin
County, State of Montana, and designated as Highway Project N 7th Ave Improv - Bozeman, as shown on plans
submitted to Owner, and
WHEREAS, that public highway is to be constructed over and near the present highway right-of-way known as N
7th Ave Improv - Bozeman, where certain water and sanitary facilities under the jurisdiction of OWNER are in conflict with
the construction of the public highway, as shown by “Exhibit A”, and
WHEREAS STATE and OWNER agree that it is necessary and in the public interest of all parties that some of the
existing facilities be adjusted, repaired, replaced, and relocated, and
WHEREAS, STATE and OWNER agree that the construction of the public highway and all the work, including
adjustment, replacement, repair, and relocation of certain existing facilities, be included in the contract entered into by
STATE and a private contractor, and that the manner of performing the construction referred to in the Agreement is in the
best interest of the STATE and OWNER.
NOW THEREFORE, in consideration of the mutual obligations contained herein, STATE and OWNER agree that:
1.STATE will let a project for the construction of the public highway, including the work covered in this
Agreement, as shown by “Exhibit A.”
2.Pursuant to the authority granted to OWNER by the laws of Montana, OWNER grants to STATE the
authority to adjust, replace, repair, and relocate those facilities under the jurisdiction of OWNER which presently occupy
part of the proposed right-of-way.
3.All construction performed pursuant to this Agreement shall be done in accordance with the then-current
Standard Specifications for the Road and Bridge Construction, Montana Public Works Standard Specifications, and the
142
Christopher Dorrington, Director
2701 Prospect ▪ PO Box 201001
Helena MT 59620-1001
Right of Way Bureau – Utility Section
Phone: (406) 444–6080
Fax:(406) 444–6091
MDT-ROW-928
Rev. 06/24
An Equal Opportunity Employer Engineering Division
TTY: (800) 335–7592
Web Page: www.mdt.mt.gov
Plans, Specifications and Special Provisions of the construction or improvements for the project prepared by OWNER, all
of which are by this reference incorporated and made a part of this Agreement.
4.The adjustments to the facilities referred to in this Agreement cover only that segment of the water &
sanitary sewer system of OWNER directly affected by the construction of the highway and STATE and OWNER will
determine which adjustments to facilities of OWNER are necessary; and the STATE shall, in accordance with the plans,
construct the most economical type of facilities in the new location that will meet the same service requirements of the old
facilities in the old location.
5.The OWNER will inspect the installation of the new water line. The STATE’S contractor will chlorinate,
and pressure test the new water line. The OWNER will pay the STATE for the actual cost of work accomplished on the
OWNER’S line based on contract bid prices. An additional 8% will be applied to the billing of construction costs to cover
the cost of Traffic Control and an additional 8% to cover the cost of Mobilization.
Section 17-1-106. MCA requires any state agency, including the STATE, that receives non-general funds to identify and
recover its indirect costs. These costs are in addition to direct project costs. STATE’S indirect cost rate is determined
annually as a percentage of the project’s direct costs to cover the project’s share of STATE’S indirect costs as defined by
2 CFR Part 225 (formerly OMB Circular A-87). STATE’S current indirect cost rate is 11.32% for fiscal year 2025 (July 1,
2024 to June 30, 2025).
For this project, STATE billings to the OWNER will include a charge for the indirect costs at the current fiscal year indirect
cost rate, which amount will be applied toward the total project contribution of the OWNER. [Note: If this project extends
across more than one fiscal year, more than one annual rate will be involved, as the rates may change during the life of
the project.]
6.The total estimated cost of the adjustments currently is $25,758.69. Proportionate participation is STATE
$ 19,319.02 (75%); and OWNER $ 6,439.67 (25 %), plus $ 515.17 (8%) charge for Traffic Control and $ 515.17 (8%) for
Mobilization, and an additional $ 845.61 (11.32 %) charge for Indirect Cost (IDC). The total estimated cost to OWNER is $
8,315.63. The total project costs are $ 27,634.64. Copies of cost estimate and plans indicating facility adjustments are
hereby attached as “Exhibit A” and made a part of this Agreement. The STATE’S obligation under this Agreement shall be
in accordance with all applicable State and Federal laws in existence on the date of execution of this Agreement.
7.By state statute, STATE will not reimburse OWNER for engineering costs for designing, location, staking,
inspecting or any other incidental costs for engineering.
143
Christopher Dorrington, Director
2701 Prospect ▪ PO Box 201001
Helena MT 59620-1001
Right of Way Bureau – Utility Section
Phone: (406) 444–6080
Fax:(406) 444–6091
MDT-ROW-928
Rev. 06/24
An Equal Opportunity Employer Engineering Division
TTY: (800) 335–7592
Web Page: www.mdt.mt.gov
8.The adjustments agreed to in Item No. 6 above are based on the STATE paying 75% of relocation costs,
excepting betterments, if any, where facilities occupy public road or street rights-of-way. The OWNER will be billed in
advance for its portion of the estimated total costs of the project no more than sixty (60) days before bid opening.
Although the anticipated expenses will have been discussed with OWNER representatives before that time, the STATE
will provide a detailed breakdown of all estimated costs with the billing.
The OWNER will submit payment to the STATE within thirty (30) days of billing. The STATE will not proceed further with
the project’s development if payment is not made within (30) days of billing. If the federal government requires a
reimbursement or return of any federal funds because a project doesn’t advance due to OWNER’S failure to make any
scheduled payment, the OWNER agrees that it will reimburse the STATE for those federal funds within thirty (30) days of
billing.
If, after initial payment is made, bid opening or contract award by the STATE is delayed or postponed by 30 days or more,
or canceled for any reason, the STATE agrees to immediately refund OWNER’S initial payment upon the OWNER’S
request. If the OWNER’S share of the cost of the awarded project exceeds the amount paid by the OWNER, the OWNER
will pay the excess. The contact for billing, accounting and change order questions for the OWNER shall be:
City of Bozeman
Attn: Chuck Winn
121 N Rouse Avenue
PO Box 1230
Bozeman, MT 57771-1230
Within six (6) months after the project has finally been accepted with the final costs submitted, the STATE will submit a
final statement to the OWNER. The final statement will provide details of any expenses that may be identified as
“miscellaneous”. The final statement will include a refund of unspent portions of the OWNER’S initial payment, payable to
the OWNER in an amount equaling the difference between that payment and the OWNER’S share of the final costs. If the
final statement exceeds the OWNER’S payments thus far, the OWNER will remit to the STATE within thirty (30) days of
the final statement the difference between OWNER’S share of final costs and OWNER’S earlier payment. If payment is
not made within that thirty (30) day period, interest on the unpaid amount will accrue at the rate of 10% per year and
continue to accrue until paid in full. If the OWNER is billed for additional funds, STATE will not participate in any future
funding agreements with the OWNER until full payment, including interest, is received from the OWNER.
144
Christopher Dorrington, Director
2701 Prospect ▪ PO Box 201001
Helena MT 59620-1001
Right of Way Bureau – Utility Section
Phone: (406) 444–6080
Fax:(406) 444–6091
MDT-ROW-928
Rev. 06/24
An Equal Opportunity Employer Engineering Division
TTY: (800) 335–7592
Web Page: www.mdt.mt.gov
Payments to this project will be coordinated through the STATE’S Administration Division (to be directed to MDT’s
Accounts Receivable Collections Technician and Accounting Systems Operations Supervisor). Payments to this project
will be provided to the above STATE staff in the form of a check to be credited to this project.
9.The award of the contract including the highway construction and OWNER water and sanitary sewer line
relocation will be based on the successful bidder of the combined contract, as determined, and accepted by STATE.
10.OWNER agrees to cooperate fully with the STATE in all aspects of the work contemplated by this
Agreement.
11.OWNER acknowledges that it has reviewed the plans for the proposed construction of the facilities
covered by this Agreement.
12.STATE and OWNER agree that when the construction encompassed by this Agreement is completed and
accepted by STATE and concurred in by OWNER all responsibility of STATE ceases.
13.Records of the OWNER pertaining to this project will be subject to inspection at any time by
representatives of the STATE, including the legislative auditor and fiscal analyst, and the Federal Highway Administration.
Project records must be retained for a period of not less than three years from the date of final payment.
14.Inspection for all phases of work on OWNER’S facility will be provided by OWNER. Contact, questions, or
discussions about contractor work will be directed to the STATE’S Project Manager. No direct contact shall occur between
the OWNER and Contractor.
15.This Agreement is subject to the terms and provisions of Title 23 Code of Federal Regulations, Part 645,
Subpart A and B, and subsequent amendments, Title 48 Code of Federal Regulations in existence on the date of
execution of this Agreement. The Code of Federal Regulations are hereby incorporated in and made part of this
Agreement by reference to the extent that is applicable to this Agreement and not inconsistent therewith.
16.NONDISCRIMINATION
If the OWNER enters into a contract or agreement with a contractor to perform any of the work which the OWNER is
required to perform under the terms of this agreement, the OWNER, for itself, its assigns, and successors in interest,
agrees that it will not discriminate in the choice of contractors and will include all the nondiscrimination provisions set forth
in Exhibit “B” attached hereto and made a part hereof, in any such contract or agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
145
Christopher Dorrington, Director
2701 Prospect ▪ PO Box 201001
Helena MT 59620-1001
Right of Way Bureau – Utility Section
Phone: (406) 444–6080
Fax:(406) 444–6091
MDT-ROW-928
Rev. 06/24
An Equal Opportunity Employer Engineering Division
TTY: (800) 335–7592
Web Page: www.mdt.mt.gov
It is understood that the OWNER is responsible for obtaining any permits required for adjustment of its facility.
City of Bozeman
City Manager or Designee
Date Signature Printed Name
State of Montana
Department of Transportation
Manager – R/W Utilities Section
Date Signature Printed Name
Approved for Legal Content
Date Signature Printed Name
SG:rm
146
Christopher Dorrington, Director
2701 Prospect ▪ PO Box 201001
Helena MT 59620-1001
Right of Way Bureau – Utility Section
Phone: (406) 444–6080
Fax:(406) 444–6091
MDT-ROW-938
Rev. 06/24
An Equal Opportunity Employer Engineering Division
TTY: (800) 335–7592
Web Page: www.mdt.mt.gov
November 26, 2024
City of Bozeman
Chuck Winn
121 N Rouse Avenue
PO Box 1230
Bozeman MT 59771-1230
Subject:CMDP 118-1(11)10 IC
N 7th Ave Improv - Bozeman
Control No.9313000
Letting Date:April 1, 2025
Attached are one original of our utility agreement covering the changes of your water & sanitary sewer
facilities as required on subject project.
Please review and complete your signature in the DocuSign process. A copy of the executed agreement
will be sent to you once the DocuSign process has been completed.
Steve Giard, Manager
R/W - Utilities Section
SG:rm
Attachments
Included is one original copy of our Utility Agreement, covering the relocation of your water & sanitary sewer
facilities as required for the construction of the subject project.
This letter is your authorization to proceed with the final engineering, order the necessary materials required and
secure right-of-way for the relocation of your facilities on this Federal aid project, as covered by this agreement
dated November 26, 2024. Please notify District Utility Agent Mike Drew at 406 494-9619 or Email him at mdrew@mt.gov, when final engineering has started.
Mike Drew, or designee will authorize you when to proceed with the actual relocation of these facilities.
Since this is a Federally funded project, all costs incurred and records must comply with Title 23 CFR, part 645 and Title 48 of the Federal Highway Administration's Code of Federal Regulations.
This agreement is consummated, any further requests for adjustment or changes in the agreement should be made to the District Administrator.
147
Christopher Dorrington, Director
2701 Prospect ▪ PO Box 201001
Helena MT 59620-1001
Right of Way Bureau – Utility Section
Phone: (406) 444–6080
Fax:(406) 444–6091
MDT-ROW-938
Rev. 06/24
An Equal Opportunity Employer Engineering Division
TTY: (800) 335–7592
Web Page: www.mdt.mt.gov
Compliance with the "Regulations Governing Occupancy of State Highway System Right of Way by Utility
Facilities," regarding approval of common use agreements, occupancy agreements, and encroachment permits,
must be obtained from the District before your construction work can begin.
If you should have any questions, please call Ron Maynard at (406) 444 6077.
Steve Giard, Manager
R/W - Utilities Section
SG:rm
Attachments
Copies Matt King – Utility Construction Supervisor – Utilities Section - Helena
148
MDT-ROW-904 11/20
Page 1 of 1
Montana Department of Transportation
Summary of Costs
Subject
Item No.Quantities Unit Unit Cost Total Unit Cost
603014242 12 EA $872.70 $10,472.40
604000100 1 EA $1,443.25 $1,443.25
604000200 2 EA $5,421.52 $10,843.04
601012125 1 EA $3,000.00 $3,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$25,758.69
75% x $25,758.69 $19,319.02
$19,319.02
25% x $25,758.69 $6,439.67
8% x $6,439.67 $515.17
8% x $6,439.67 $515.17
$7,470.02
11.32% x $7,470.02 $845.61
$8,315.63
$27,634.64
Note:
SG: dn
N 7th Ave Improv-Bozeman
Control No. 9313000
SUB-TOTAL
TOTAL OWNER'S RESPONSIBILITY
for City of Bozeman
TOTAL MDT'S RESPONSIBILITY
MDT COST SHARE
TOTAL
CMDP 118-1(4)0 PE
EXHIBIT A
Description
Adjust Valve Box
Adjust Manhole
Reset Fire Hydrant
Curb Stop Valve
OWNER'S COST SHARE
MOBILIZATION
TRAFFIC CONTROL
IDC
PROJECT TOTAL
149
2
1
3 C:\DGN\9313000utttl001.dgn
4/10/2024
7:23:37 AM CPS - U3666
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DESIGNED BY
REVIEWED BY
CHECKED BY
MONTANA DEPARTMENT OF TRANSPORTATION
FOR UTILITY PIHMONTANA
Department of Transportation
PRESENT
LETTING
DESIGN
A.D.T. =
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GROWTH RATE =
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17,470
1,800
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U-1208 C001207BEGIN
C001207C001201
C001201C000086 R. 5 E.
RP 0.01 TO 0.96T. 2 S.BOZEMAN
STA. 50+00.00 BEG. CMDP 118-1(5)0 LI
VI
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CMDP 118-1(4)0 PE
F 222(15)
M-STPU 1299(2)
HES 50-2(12)89
S 179
1/25/2024
FHWA/MDT APPROVAL
MAP REVISEDCONSTRUCTION LIMITS
CUT SECTION
TOE OF FILL
TOP OF CUT
PROPOSED RIGHT OF WAY LINE
EXISTING RIGHT OF WAY LINE
RAILROAD RIGHT OF WAY LINE
CL
SECTION LINE
OWNERSHIP BOUNDARY
PRESENT TRAVELED WAY (P.T.W.)
GATE IN FENCE
PROPOSED GUARDRAIL
EXISTING GUARDRAIL
FENCE LINE
POWER POLE IN PLACE
TELEPHONE POLE IN PLACE
PROPOSED CULVERT
OUTLET DITCH
INLET DITCH
EXISTING DITCH
CHANNEL CHANGES
BRIDGES
RAILROADS
PARCEL NUMBERS
PROPERTY CORNER PIN
UTILITY POLES IN POSSIBLE CONFLICT
SECTION CORNER
RIGHT OF WAY MONUMENT
FOUND UNFOUND
FULL ACCESS CONTROL
LIMITED ACCESS CONTROL
EXISTING ACCESS CONTROL
PLAN LEGEND
FOUND UNFOUND
W/ ANCHOR
LIGHT POLE - GUY POLE
POWER TELPEDESTALS
MANHOLES UNKNOWN ELEC STORM SAN TEL
VALVES WATER GAS
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UNDERGROUND
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EXISTINGWATERPROPOSED
PROPOSED
EXISTINGSANITARY SEWER
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UNDERGROUND
APPROACH: EXIST.- PROPOSED
CATTLE GUARD: EXIST.- PROPOSED
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RELATED PROJECTS
ASSOCIATED PROJECTS
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CENTERLINE OR PROJECTED LINE
GALLATIN COUNTY
FEDERAL AID PROJECT CMDP 118-1( )0
N 7TH AVE INT IMPROV - BOZEMAN
UTILITY PLAN OF
LENGTH 1.0 MILE
UTILITY PLANS
UPN 9313000 150
1
2
3
PRELIMINARY FPR
C:\DGN\9313000rdsum001.dgn
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1:31:31 PM CPS - U5198
DESIGNED BY
REVIEWED BY
CHECKED BY
MONTANA
Department of Transportation
SUMMARY
4/2/2024
J. BERAN
ROAD PLANS
GALLATIN COUNTY
N 7TH AVE INT IMPROV - BOZEMAN CMDP 118-1(5)0
UPN 9313000 12 151
1
2
3 DESIGNED BY
REVIEWED BY
CHECKED BY
C:\DGN\9313000utpln001.dgn
4/10/2024
7:27:46 AM CPS - U3666
FOR UTILITY PIHMONTANA
Department of Transportation 1611
2
3 4
5
6BEG. CMDP 118-1(4)055+0050+0070+0065+00 R. 5 E. T. 2 S.SEC. 12W PEACH STW MENDENHALL STUTILIY CROSSINGS
NEXTCAR
RESIDENCE
PRIVATE
CANNABIS CO.
SILVERLEAF
MUSIC
ECKROTH
GALLERY
FURNITURE
RIKKI'S
MOTEL
RSVP
BUILDING
RUE
WIRELESS
VERIZON R. 5 E. T. 2 S.SEC. 12DURSTON RDN 7TH AVE
N 7TH AVE
UTILIY CROSSINGS
UTILIY CROSSINGS
70+84.73 - BOZEMAN FIBER & BLACKFOOT UG FIBER OPTIC LINE X-ING CL. DEPTH UNKNOWN
70+64.72 - NWE 2" STEEL GAS LINE X-ING CL. DEPTH UNKNOWN
70+55.21 - C.O.B. 12" VCP SANITARY SEWER LINE X-ING CL. DEPTH UNKNOWN
70+42.34 - C.O.B. 8" CI WATER LINE X-ING CL. DEPTH UNKNOWN
70+32.99 - UG POWER X-ING CL. DEPTH UNKNOWN
70+13.65 - C.O.B. WATER LINE X-ING CL. DEPTH UNKNOWN
70+40.71 - OH CHARTER CABLE TV LINE X-ING CL. ELEV. 4,830'
70+38.31 - OH NWE POWER LINE X-ING CL. ELEV. 4,819'
52+07.15 - C.O.B. UG POWER LINE X-ING CL. ELEV. UNKNOWN
51+79.63 - C.O.B. 6" CI WATER LINE X-ING CL. ELEV. UNKNOWN
ADJUST WATER VALVE
DO NOT DISTURB
DO NOT DISTURB
ADJUST FIBER PULL BOX
70+91.00 (71.80' LT.) - SIGNAL POLE
70+36.72 (76.37' LT.) - SIGNAL CONTROL BOX
70+33.16 (63.25' RT.) - SIGNAL POLE
70+31.29 (72.13' LT.) - POWER POLE
70+29.77 (71.27' LT.) - PEDESTAL
70+16.39 (49.28' LT.) - POWER POLE
70+14.12 (50.25' RT.) - FIRE HYDRANT
52+05.74 (58.04' LT.) - 52+05.78 (44.89' LT.) - RETAINING WALL
52+14.81 (33.56' RT.) - SIGNAL POLE
52+03.14 (47.48' LT.) - SIGNAL CONTROL BOX
52+04.59 (41.93' RT.) - SIGNAL POLE
51+99.54 (58.36' RT.) - FIRE HYDRANT
51+98.15 (58.09' RT.) - WATER VALVE
51+49.21 (43.91' LT.) - SIGNAL POLE
51+27.45 (37.21' RT.) - 51+45.33 (62.81' RT.) - RETAINING WALL
70+41.81 (44.92' LT.)
70+31.50 (64.73' LT.)
70+29.17 (45.80' LT.)
70+26.41 (48.64' LT.)
70+14.07 (49.00' RT.)
70+35.83 (67.15' RT.)WV
PB
PB
WVWVMHVFHSCPE
DX
GMCS
CSPBPB
PB
PB WM
WV
WVWVMHPP PBPBWV
PB
PBPBPBPBVMHVVDIPB
PB PBPBPBFHFHSD
TP
TPSC
CS CSCS
CSDI SD
CS
PB
PBPBPBPBPBPB
PB
PB
PB
PB
PB
PB
PBPP
WV
WV
WV
WVMH WVWVWV
PB
PB
UTILITY PLANS
GALLATIN COUNTY
N 7TH AVE INT IMPROV - BOZEMAN CMDP 118-1( )0
UPN 9313000
8
7
SHEET U31 OF 35 152
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DESIGNED BY
REVIEWED BY
CHECKED BY FOR UTILITY PIHMONTANA
Department of Transportation 161END CMDP 118-1(4)080+0085+0095+00100+00 R. 5 E. T. 2 S. SEC. 1R. 5 E. T. 2 S. SEC. 1W TAMARACK STW OAK STUTILIY CROSSINGS
UTILIY CROSSINGS
U-HAUL
AUTO CARE
COMPLETE
FIRESTONE
COFFEE
CITY BREW
INN
BOZEMAN
BAR-B-QUE
FAMOUS DAVE'S
ALLEY
LUBE
CAR WASH
SCRUBBY'S
N 7TH AVE
N 7TH AVE
UTILIY CROSSINGS
UTILIY CROSSINGS
82+05.54 - UG POWER LINE X-ING CL. DEPTH UNKNOWN
81+92.77 - C.O.B. 2" DI WATER LINE X-ING CL. DEPTH UNKNOWN
81+79.82 - C.O.B. 6" CI WATER LINE X-ING CL. DEPTH UNKNOWN
81+65.27 - C.O.B. 8" CI WATER LINE X-ING CL. DEPTH UNKNOWN
81+36.89 - C.O.B. UG POWER X-ING CL. DEPTH UNKNOWN
81+13.61 - C.O.B. 8" CI WATER LINE X-ING CL. DEPTH UNKNOWN
97+98.88 - C.O.B. 14" DI WATER LINE X-ING CL. DEPTH UNKNOWN
97+60.20 - C.O.B. 15" PVC SANITARY SEWER X-ING CL. DEPTH UNKNOWN
97+29.38 - NWE 12" GAS LINE X-ING CL. DEPTH UNKNOWN
97+13.29 - BOZEMAN UG FIBER OPTIC LINE X-ING CL. DEPTH UNKNOWN
97+07.59 - C.O.B. UG POWER LINE X-ING CL. DEPTH UNKNOWN
96+94.49 - CENTURY LINK UG FIBER OPTIC LINE X-ING CL. DEPTH UNKNOWN
96+92.06 - C.O.B. 18" CMP STORM DRAIN X-ING CL. DEPTH UNKNOWN
81+48.90 - NWE OH POWER LINE X-ING CL. ELEV. 4,814'
97+12.33 - CHARTER OH CABLE TV LINE X-ING CL. ELEV. 4,790'
97+10.30 - NWE OH POWER LINE X-ING CL. ELEV. 4,802'
97+08.00 - CHARTER OH FIBER OPTIC LINE X-ING CL. ELEV. UNKNOWN
DO NOT DISTURB
ADJUST WATER VALVE
DO NOT DISTURB
NEW CONCRETE DI APRON & MODIFY DROP INLET
98+33.80 (50.45' RT.) - SIGNAL POLE
98+30.20 (69.21' LT.) - SIGNAL POLE
98+24.38 (97.66' LT.) - 98+51.57 (65.25' LT.) - RETAINING WALL
97+36.62 (79.61' LT.) - GAS VALVE
97+06.49 (62.25' LT.) - 97+19.54 (72.72' LT.) - LANDSCAPING
97+04.65 (53.31' LT.) - SIGNAL POLE
96+96.25 (55.52' LT.) - SIGNAL CONTROL BOX
82+13.63 (50.66' RT.) - SIGNAL POLE
82+12.72 (50.70' LT.) - SIGNAL POLE
82+02.59 (74.30' RT.) - 82+20.23 (56.22' RT.) - RETAINING WALL
81+47.99 (50.94' LT.) - SIGNAL CONTROL BOX
81+32.66 (63.43' RT.) - FIRE HYDRANT
81+24.51 (50.68' LT.) - SIGNAL POLE
98+28.88 (58.39' LT.)
96+91.86 (48.54' RT.)
81+91.90 (60.31' RT.)VVFH
GMSCCS
PE
DXFH FHCS
CS
CS MHPB
PB PBPBPB
PPWV
WV
WVWV WV
WV
WV
PB WV VPBU
DI
DI
DI
SC
SC SCWH
WHTP PB
PB
PBPBPPWV PBGV
WVWVWV
WV WVWV
WV
PP DI
DI
DI
SC
SC SCWH
WHTP PB
PB
PBPBPPWV PBGV
WVWVWV
WV WVWV
WV
PP
UTILITY PLANS
GALLATIN COUNTY
N 7TH AVE INT IMPROV - BOZEMAN CMDP 118-1( )0
UPN 9313000
9
10
1211
13
15
16
14
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DESIGNED BY
REVIEWED BY
CHECKED BY FOR UTILITY PIHMONTANA
Department of Transportation PI 204+95.35POB 200+00.00200+00PI 201+86.91POE 207+74.22205+00DURSTON RD W PEACH ST
LT. 71.270070+29.77
N 7TH AVEW PEACH ST
WIRELESS
VERIZON
MOTEL
RSVP
UTILIY CROSSINGS
RESIDENCE
PRIVATE ARTISANS
NEW AGE
ICECREAM
GENUINE
EX. R/W
EX. R/W EX. R/W EX. R/W
EX. R/W EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
R. 5 E. T. 2 S.
SEC. 1 & 12
STA. 204+36.97
BEGIN WIDTH TAPER
END 10' SIDEWALK
STA. 204+86.97
BEGIN 5' WIDTH
END SIDEWALK TAPER
206+38.85
BEGIN BOULEVARD TAPER
206+96.00
CONTINUE 3' WIDTH
END BOULEVARD TAPER
UTILIY CROSSINGS
N 6TH AVEN 5TH AVE206+48.56 - OH CABLE TV LINE X-ING CL. ELEV. 4,807'
206+48.30 - OH CABLE TV LINE X-ING CL. ELEV. UNKNOWN
204+70.17 - CHARTER OH POWER LINE X-ING CL. ELEV. UNKNOWN
204+67.63 - OH POWER LINE X-ING CL. ELEV. UNKNOWN
203+62.39 - OH POWER LINE X-ING CL. ELEV. UNKNOWN
202+68.44 - OH TELEPHONE LINE X-ING CL. ELEV. 4,826'
202+67.87 - OH POWER LINE X-ING CL. ELEV. 4,815'
202+67.74 - OH POWER LINE X-ING CL. ELEV. 4,815'
206+47.08 - C.O.B. UG WATER LINE DEPTH UNKNOWN
206+45.65 - C.O.B. UG WATER LINE DEPTH UNKNOWN
205+29.10 - BOZEMAN UG FIBER OPTIC LINE X-ING CL. DEPTH UNKNOWN
204+85.79 - C.O.B. 8" DI WATER LINE X-ING CL. LINE DEPTH UNKNOWN
204+17.42 - NWE 2" STEEL GAS LINE X-ING CL. DEPTH UNKNOWN
202+54.05 - BOZEMAN FIBER & BLACKFOOT UG FIBER OPTIC LINE X-ING CL. DEPTH UNKNOWN
202+46.20 - UG POWER LINE X-ING CL. DEPTH UNKNOWN
202+23.06 - CENTURY LINK UG TELEPHONE LINE X-ING CL. DEPTH UNKNOWN
202+21.52 - CENTURY LINK REPORTEDLY ABANDONED UG TELEPHONE LINE X-ING CL. DEPTH UNKNOWN
202+21.17 - CENTURY LINK REPORTEDLY ABANDONED UG TELEPHONE LINE X-ING CL. DEPTH UNKNOWN
202+18.15 - C.O.B. 8" CI WATER LINE X-ING CL. DEPTH UNKNOWN
REMOVE TREE
DO NOT DISTURB
ADJUST WATER VALVE
ADJUST GAS VALVE
203+72.67 (31.81' LT.)206+47.38 (17.30' LT.)
206+46.95 (6.44' LT.)
206+18.14 (7.84' LT.)
204+16.96 (28.48' LT.)
204+13.99 (11.01' LT.)
207+56.47 (31.84' LT.)
NEW GRATE
205+16 (28' LT.)
204+53 (28' LT.)
203+49 (29' LT.)
203+14 (28' LT.)
202+81 (29' LT.)
205+02.84 (8.60' RT.) - STORM DRAIN MANHOLE
204+03.97 (39.41' LT.) - POWER BOX
203+53.66 (47.87' LT.) - POWER PEDESTAL
EX. EASE.
EX. EASE.
EX. EASE.
EX. R/W EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
161
6
5 7
8
18 19 20
WVPBPB
PBPBPB V
MH
V
VDI FH
PB
PB
PB
PP
WV
WV
PB
PB
PP PP
DIDI
DI
TP
TP
IC
IC
TC
TC
FH
FH
TP
TP
SC
CS
DI
DI
DI
DI
SD
SD
SD
FH
FH
CS
CS
CS
PB PB
PB
PP
PP
PP
PP PP PP
PB
PB
PB
PB
PB
PB
PB PB
PB
PB
PB
PB
PB
PB
PB
PP
WV
WV
WV
WV
WV
WV
WV
MH
WV WV
WV
WV
MH
WV
WV
WVPB
WV
WV
WV
GV
UTILITY PLANS
GALLATIN COUNTY
N 7TH AVE INT IMPROV - BOZEMAN CMDP 118-1( )0
UPN 9313000203+7331.3' LT204+1411.0' LT204+1728.0' LT204+5434.9' LT204+6827.2' LT204+7019.9' LT204+7019.0' LT205+00206+187.3' LT206+476.0' LT206+4716.8' LTTV
17
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DESIGNED BY
REVIEWED BY
CHECKED BY FOR UTILITY PIHMONTANA
Department of Transportation POB 300+00.00300+00315+00
W OAK ST
UTILIY CROSSINGS
306+49.88 - OH POWER LINE CL ELEV. 4,797'
306+49.53 - OH POWER LINE CL ELEV. 4,787'
R. 5 E. T. 2 S.
SEC. 1
PB
MH
PB
MH
15
13
UTILITY PLANS
GALLATIN COUNTY
N 7TH AVE INT IMPROV - BOZEMAN CMDP 118-1( )0
UPN 9313000 SHEET U34 OF 35 155
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DESIGNED BY
CHECKED BY
REVIEWED BY FOR UTILITY PIHMONTANA
Department of Transportation
PI =310+75.56
R =2,458'
T =136.37'
L =272.47'
E =3.78'
PI =310+75.56
R =2,458'
T =136.37'
L =272.47'
E =3.78'PI 307+72.26PC 309+39.18310+00PT 312+11.65END CMDP 118-1(4)0DI
DI
R. 5 E. T. 2 S.
SEC. 1
W OAK ST
N 7TH AVEBAR-B-QUE
FAMOUS DAVE'S
LUBE ALLEY
COMFORT INN
CAR WASH
SCRUBBY'S
INN
BOZEMAN
UTILIY CROSSINGS UTILIY CROSSINGS
STA. 312+35.57
CONTINUE 5.5' WIDTH
END BOULEVARD TAPER
STA. 311+86.98
BEGIN BOULEVARD TAPER
312+92.67 - CHARTER OH FIBER OPTIC LINE ELEV. UNKNOWN
312+89.52 - NWE OH POWER LINE ELEV. UNKNOWN
312+86.26 - CHARTER OH CABLE TV LINE ELEV. UNKNOWN
310+04.82 - OH CABLE TV LINE ELEV. UNKNOWN
310+01.76 - NWE OH POWER LINE ELEV. UNKNOWN
306+49.88 - NWE OH POWER LINE ELEV. 4,787'
310+99.59 - CENTURY LINK UG FIBER OPTIC LINE X'ING CL. DEPTH UNKNOWN
310+09.17 - C.O.B. UG WATER LINE X'ING CL. DEPTH UNKNOWN
310+03.49 - CENTURY LINK UG TELEPHONE LINE X'ING CL. DEPTH UNKNOWN
309+93.00 - NWE UG GAS LINE X'ING CL. DEPTH UNKNOWN
309+70.21 - C.O.B. UG WATER LINE X'ING CL. DEPTH UNKNOWN
308+54.41 - UG TRAFFIC LOOP X'ING CL. DEPTH UNKNOWN
308+48.65 - UG TRAFFIC LOOP X'ING CL. DEPTH UNKNOWN
308+39.38 - UG TRAFFIC LOOP X'ING CL. DEPTH UNKNOWN
308+36.01 - C.O.B. UG POWER LINE X'ING CL. DEPTH UNKNOWN
308+35.67 - C.O.B. UG POWER LINE X'ING CL. DEPTH UNKNOWN
308+10.97 - CENTURY LINK (3) ABANDONED UG TELEPHONE LINE X-ING CL. DEPTH UNKNOWN
307+43.94 - C.O.B. 8" DI WATER LINE X'ING CL. DEPTH UNKNOWN
307+26.62 - NWE 4" STEEL GAS LINE X'ING CL. DEPTH UNKNOWN
307+20.75 - C.O.B. 18" RCP STORM DRAIN X'ING CL. DEPTH UNKNOWN
307+07.80 - C.O.B. UG POWER LINE X'ING CL. DEPTH UNKNOWN
307+07.43 - C.O.B. UG POWER LINE X'ING CL. DEPTH UNKNOWN
307+06.95 - UG TRAFFIC LOOP X'ING CL. DEPTH UNKNOWN
307+00.99 - UG TRAFFIC LOOP X'ING CL. DEPTH UNKNOWN
306+98.79 - MONTANA OPTICOM (2) 144 STRAND UG FIBER LINE X'ING CL. DEPTH UNKNOWN
306+90.51 - UG TRAFFIC LOOP X'ING CL. DEPTH UNKNOWN
306+88.98 - NWE 12" STEEL GAS LINE X'ING CL. DEPTH UNKNOWN
ADJUST WATER VALVE
310+08.46 (22.99' LT.)
310+05.58 (20.12' LT.)
DO NOT DISTURB
REMOVE TREE
313+37.36 (31.99' LT.)313+03.67 (35.54' LT.) - TELEPHONE PEDESTAL
310+23.41 (4.76' RT.) - SANITARY SEWER MANHOLE
309+92.11 (38.47' LT.) - POWER PEDESTAL
309+87.71 (40.08' LT.) - POWER POLE
308+86.92 (9.62' LT.) - POWER POLE
TP
PBWVV PBU
DI
DI
DI
DI
SD
SD
TP
TP
TPSC
SC
SC
WH
WH
WH
TP
SD
CS
MH
MH
PB
PB
PB
PB
PB
PP
WVWV
WV
WV
PB
WV
WV
GV
MH
MH
MHWV
WV
WV
WV
WV
WV
MH
PP
DI
DI
DI
DI
SD
SD
TP
TP
TPSC
SC
SC
WH
WH
WH
TP
SD
CS
MH
MH
PB
PB
PB
PB
PB
PP
WVWV
WV
WV
PB
WV
WV
GV
MH
MH
MHWV
WV
WV
WV
WV
WV
MH
PP
161
15 16
21
22
14
UTILITY PLANS
GALLATIN COUNTY
N 7TH AVE INT IMPROV - BOZEMAN CMDP 118-1( )0
UPN 9313000310+0620.1' LT310+0823.0' LT313+0631.4' LT13
15
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Page 1 of 1
ADDENDUM "A"
BACKFILLING OF EXCAVATED AREAS BENEATH ROADWAY SECTION
Utility construction, which lies beneath the construction limits of the roadway, which requires backfilling of
excavated areas, shall be subject to inspection by engineers of the State and shall meet the following specifications. The
State's inspector shall designate on the ground the specific area where these requirements shall apply.
BACKFILLING
All backfilling shall meet the following requirements except when other methods are specified for certain types of
installations. Backfill material shall not contain sticks, sod, frozen soil or other unacceptable matter. Backfill material shall
be placed in layers of six-inch loose thickness or less. All backfill material shall be compacted.
MOISTURE AND DENSITY REQUIREMENTS
Each layer of material shall be compacted, with the proper use of water, until the in-place density of the material
being compacted is not less than 95 percent of the maximum density established for the material being compacted or the
material source or both. Water required shall be sufficient to obtain optimum moisture content plus or minus two
percentage points, as determined by Montana Test Methods, unless modified by the engineer for conditions applicable to
the character of the material being tested.
Material tests used to establish the maximum density values will be performed in accordance with Montana Test
Method MT-210, or AASHTO-T-99. In-place density and moisture testing will be performed in accordance with applicable
Montana Test Methods MT-212, MT-215, & MT-218. The percent compaction will be determined after making proper
adjustments, when necessary, for oversize material.
Each layer of roadbed material that cannot be properly tested by Montana Test Methods, MT-212, MT-215, & MT-
218, shall be compacted with compaction equipment in addition to compaction by hauling and spreading equipment.
Compaction equipment for rocky material that cannot be tested shall normally be grid rollers, pneumatic-tired rollers,
vibrating rollers, vibrating compactors, or self-propelled tamping rollers. Sheepsfoot rollers shall not be used unless
specifically directed. Water shall be used where directed.
Costs to achieve the above requirements are included in the estimate of this agreement and also will be included
in bids for work pertaining to this agreement. It is recognized that until actual construction takes place it will be impossible
to determine those areas that will require work above and beyond that which could have been expected to achieve the
above requirements. If such areas of extra work are determined during the actual construction, an "Order for Additional
Work and/or Cost Increase" will be prepared by the State for Payment of the additional work so construction of the utility
can take place accordingly.
BUY AMERICA and BUILD AMERICA, BUY AMERICA (BABA)
Products permanently incorporated into the work are subject to the Federal Buy America requirements as set forth in CFR
635.410. Buy America requirements apply to all steel or iron materials for permanent incorporation in the work. The steel
or iron material must have all manufacturing process occur in the United States. “Manufacturing” includes all processes
that affect the size, shape, and finish of the steel (coating, forming, plating, galvanizing, etc.).
Products permanently incorporated into the work are subject to the Federal Build America, Buy America requirements as
set forth in Build America, Buy America Act Pub. L. No. 117-58 § 70901-52. BABA requires the head of each covered
Federal agency shall ensure that “none of the funds made available for a federal financial assistance program for
infrastructure… may be obligated for a project unless all of the iron, steel, manufactured products, and construction
materials used in the project are produced in the United States.” (Build America, Buy America (BABA) Act, P.L. 117-58,
Secs 70911 - 70917). Due to the Manufactured Products General Waiver, manufactured products permanently
incorporated into FHWA-funded projects do not need to be produced domestically, apart from predominantly iron or steel
manufactured products and predominantly iron or steel components of manufactured products.
Buy America and Build America, Buy America Certification must be provided to the State prior to commencement of work.
157
158
159
160
161
Memorandum
REPORT TO:City Commission
FROM:Shawn Kohtz, Utilities Director
SUBJECT:Authorize the City Manager to Execute an Agreement with the Montana
Department of Transportation (MDT) for Utilities Relocates Associated with
MDT Work on North 7th Avenue
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to execute the attached agreement with the
Montana Department of Transportation (MDT) for utilities relocates
associated with MDT work on North 7th Avenue.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:Montana Department of Transportation allocated federal aid funds to
perform asphalt improvements to N. 7th, and this project is a distinct project
from the intersection improvements on N. 7th. Pursuant to MDT’s attached
contract and to mobilize the federal funds allocated by MDT to the project,
MDT requires the City to pay 25% of the costs of relocating elements of
sewer and water utilities to accommodate the work if the work exceeds
$25,000. The utility relocates work associated with this project is not
expected to exceed $25,000. However, MDT requires an agreement to
mobilize the federal funds stating the City will cover 25% of the cost of utility
relocates if the utility relocates ultimately cost more than $25,000, in which
case MDT will pay a 75% share of the utility relocate costs. The project will
require adjustment of 9 water valve boxes and 2 manhole rims in the water
and sewer pipe systems.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The anticipated fiscal effect to the City is $0 unless bids are approximately
100% higher than anticipated, in which case the cost to the city would be
approximately $9,000 primarily from the water fund and partially from the
sewer fund.
Attachments:
9477000_CITY_OF_BOZEMAN_938
162
9477000_CITY_OF_BOZEMAN_904
9477000_EXHIBIT_MARKED
MDT ADDENDUM A
MDT NONDISCRIMINATION 2022
Report compiled on: January 16, 2025
163
Christopher Dorrington, Director
2701 Prospect ▪ PO Box 201001
Helena MT 59620-1001
Right of Way Bureau – Utility Section
Phone: (406) 444–6080
Fax:(406) 444–6091
MDT-ROW-938
Rev. 06/24
An Equal Opportunity Employer Engineering Division
TTY: (800) 335–7592
Web Page: www.mdt.mt.gov
January 10, 2025
City of Bozeman
Chuck Winn
121 N Rouse Avenue
PO Box 1230
Bozeman MT 59771-1230
Subject:NH 118-1(7)0 CN
N 7th Avenue - Bozeman
Control No.9477000
Letting Date:April 1, 2025
Attached are one original of our utility agreement covering the changes of your water facilities as required
on subject project.
Please review and complete your signature in the DocuSign process. A copy of the executed agreement
will be sent to you once the DocuSign process has been completed.
Steve Giard, Manager
R/W - Utilities Section
SG:rm
Attachments
Included is one original copy of our Utility Agreement, covering the relocation of your water facilities as required for
the construction of the subject project.
This letter is your authorization to proceed with the final engineering, order the necessary materials required and
secure right-of-way for the relocation of your facilities on this Federal aid project, as covered by this agreement
dated January 10, 2025. Please notify District Utility Agent Mike Drew at 406 494-9619 or Email him at mdrew@mt.gov, when final engineering has started.
Mike Drew, or designee will authorize you when to proceed with the actual relocation of these facilities.
Since this is a Federally funded project, all costs incurred and records must comply with Title 23 CFR, part 645 and Title 48 of the Federal Highway Administration's Code of Federal Regulations.
This agreement is consummated, any further requests for adjustment or changes in the agreement should be made to the District Administrator.
164
Christopher Dorrington, Director
2701 Prospect ▪ PO Box 201001
Helena MT 59620-1001
Right of Way Bureau – Utility Section
Phone: (406) 444–6080
Fax:(406) 444–6091
MDT-ROW-938
Rev. 06/24
An Equal Opportunity Employer Engineering Division
TTY: (800) 335–7592
Web Page: www.mdt.mt.gov
Compliance with the "Regulations Governing Occupancy of State Highway System Right of Way by Utility
Facilities," regarding approval of common use agreements, occupancy agreements, and encroachment permits,
must be obtained from the District before your construction work can begin.
If you should have any questions, please call Ron Maynard at (406) 444 6077.
Steve Giard, Manager
R/W - Utilities Section
SG:rm
Attachments
Copies Matt King – Utility Construction Supervisor – Utilities Section - Helena
165
MDT-ROW-904 11/20
Page 1 of 1
Montana Department of Transportation
Summary of Costs
Subject
Item No.Quantities Description Unit Unit Cost Total Unit Cost
603014242 9 AdjustValve Box Each $839.89 $7,559.01
604000100 2 Adjust Manhole Each $1,980.26 $3,960.52
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$11,519.53
Note:
SG: dn
for
City of Bozeman
100% State Cost Share
N 7th Avenue - Bozeman
Total
NH 118-1(7)0
Control No. 9477000
166
SHEET NO.PROJECT ID
COUNTY
UPN
PROJECT NAME
MONTANA
Department of Transportation
DESIGNED BY
REVIEWED BY
CHECKED BY
TITLE
PRELIMINARY FPR
01N 7TH AVENUE - BOZEMAN
GALLATIN
NH 118-1(7)0
9477000
ROAD PLANS
12/16/2024 9:30 AM 9477000RDTTL001.DWG
MSU DESIGN 10/2024
J. FLEMING 11/2024
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ON CMDP-TA-STPP 118-1(3)1 RELATED PROJECTSCMDP 118-1(5)0N 7TH AVE INT IMPROV -BOZEMANTHIS PROJECTP.E.ASSOCIATED PROJECTAGREEMENT NUMBERSI.C.R/WNH 118-1(6)0MONTANA DEPARTMENT OF TRANSPORTATIONMICROSURFACING, SEAL & COVERN 7TH AVENUE - BOZEMANGALLATIN COUNTYFEDERAL AID PROJECT NH 118-1(7)0LENGTH 1.4 MILESSURFACING SOURCES -CONTRACTOR FURNISHED167
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COUNTY
UPN
PROJECT NAME
MONTANA
Department of Transportation
DESIGNED BY
REVIEWED BY
CHECKED BY
SUMMARIES
PRELIMINARY FPR
12N 7TH AVENUE - BOZEMAN
GALLATIN
NH 118-1(7)0
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GALLATIN
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J. FLEMING 11/2024
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MSU DESIGN 10/2024
J. FLEMING 11/2024
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REVIEWED BY
CHECKED BY
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(NO SCALE)
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15N 7TH AVENUE - BOZEMAN
GALLATIN
NH 118-1(7)0
9477000
ROAD PLANS
12/16/2024 9:31 AM 9477000RDDET002.DWG
MSU DESIGN 10/2024
J. FLEMING 11/2024
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PAVEMENT REMOVAL TYPICAL SECTION(STA. 104+63 RT. TO 105+83 RT.)(STA. 104+63 LT. TO 105+03 LT.)12.0'TACKPAVEMENTREMOVAL0.65' PLANT MIX(ADD. SURF. FOR PAVEMENT REMOVAL AREA)EX.MEDIANSAWCUT & REMOVE EXISTING PLANT MIX.LEVEL & COMPACT EXISTING C.A.C.12.0'TACKPAVEMENTREMOVAL0.65' PLANT MIX(ADD. SURF. FOR PAVEMENT REMOVAL AREA)STA. 104+63STA. 105+83106+00APPROX. SAWCUT & FULL-DEPTHPAVEMENT REMOVAL AREA (FINAL LIMITS DETERMINED INFIELD BY PROJECT MANAGER)N. 7TH AVENUE - S.B.N. 7TH AVENUE - N.B.104+00
EX. O.H. SIGN STRUCTURE105+00
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UPN
PROJECT NAME
MONTANA
Department of Transportation
DESIGNED BY
REVIEWED BY
CHECKED BY
PAVEMENT REMOVAL
DETAIL
(NO SCALE)
PRELIMINARY FPR
16N 7TH AVENUE - BOZEMAN
GALLATIN
NH 118-1(7)0
9477000
ROAD PLANS
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MSU DESIGN 10/2024
J. FLEMING 11/2024
MM/YYYYFIRST INITIAL LAST NAME QUANTITIESUNITAGGREGATEUNITBITUMINOUS MATERIALPLANT MIXASPHALTCEMENTEMULSIFIEDASPHALT TACK *SQ. YDS.213SQ. YDS.639CU. YDS.46.2TONS4.8TONS89GALS.32* BASED ON 3 APPLICATIONSDETAILNO SCALE172
Page 1 of 1
ADDENDUM "A"
BACKFILLING OF EXCAVATED AREAS BENEATH ROADWAY SECTION
Utility construction, which lies beneath the construction limits of the roadway, which requires backfilling of
excavated areas, shall be subject to inspection by engineers of the State and shall meet the following specifications. The
State's inspector shall designate on the ground the specific area where these requirements shall apply.
BACKFILLING
All backfilling shall meet the following requirements except when other methods are specified for certain types of
installations. Backfill material shall not contain sticks, sod, frozen soil or other unacceptable matter. Backfill material shall
be placed in layers of six-inch loose thickness or less. All backfill material shall be compacted.
MOISTURE AND DENSITY REQUIREMENTS
Each layer of material shall be compacted, with the proper use of water, until the in-place density of the material
being compacted is not less than 95 percent of the maximum density established for the material being compacted or the
material source or both. Water required shall be sufficient to obtain optimum moisture content plus or minus two
percentage points, as determined by Montana Test Methods, unless modified by the engineer for conditions applicable to
the character of the material being tested.
Material tests used to establish the maximum density values will be performed in accordance with Montana Test
Method MT-210, or AASHTO-T-99. In-place density and moisture testing will be performed in accordance with applicable
Montana Test Methods MT-212, MT-215, & MT-218. The percent compaction will be determined after making proper
adjustments, when necessary, for oversize material.
Each layer of roadbed material that cannot be properly tested by Montana Test Methods, MT-212, MT-215, & MT-
218, shall be compacted with compaction equipment in addition to compaction by hauling and spreading equipment.
Compaction equipment for rocky material that cannot be tested shall normally be grid rollers, pneumatic-tired rollers,
vibrating rollers, vibrating compactors, or self-propelled tamping rollers. Sheepsfoot rollers shall not be used unless
specifically directed. Water shall be used where directed.
Costs to achieve the above requirements are included in the estimate of this agreement and also will be included
in bids for work pertaining to this agreement. It is recognized that until actual construction takes place it will be impossible
to determine those areas that will require work above and beyond that which could have been expected to achieve the
above requirements. If such areas of extra work are determined during the actual construction, an "Order for Additional
Work and/or Cost Increase" will be prepared by the State for Payment of the additional work so construction of the utility
can take place accordingly.
BUY AMERICA and BUILD AMERICA, BUY AMERICA (BABA)
Products permanently incorporated into the work are subject to the Federal Buy America requirements as set forth in CFR
635.410. Buy America requirements apply to all steel or iron materials for permanent incorporation in the work. The steel
or iron material must have all manufacturing process occur in the United States. “Manufacturing” includes all processes
that affect the size, shape, and finish of the steel (coating, forming, plating, galvanizing, etc.).
Products permanently incorporated into the work are subject to the Federal Build America, Buy America requirements as
set forth in Build America, Buy America Act Pub. L. No. 117-58 § 70901-52. BABA requires the head of each covered
Federal agency shall ensure that “none of the funds made available for a federal financial assistance program for
infrastructure… may be obligated for a project unless all of the iron, steel, manufactured products, and construction
materials used in the project are produced in the United States.” (Build America, Buy America (BABA) Act, P.L. 117-58,
Secs 70911 - 70917). Due to the Manufactured Products General Waiver, manufactured products permanently
incorporated into FHWA-funded projects do not need to be produced domestically, apart from predominantly iron or steel
manufactured products and predominantly iron or steel components of manufactured products.
Buy America and Build America, Buy America Certification must be provided to the State prior to commencement of work.
173
174
175
176
177
Memorandum
REPORT TO:City Commission
FROM:Shawn Kohtz, Utilities Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Advanced Engineering and Environmental Services, LLC (AE2S) for Integrated
Water Resource Plan Phase 1 Services
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the attached Professional Services
Agreement with Advanced Engineering and Environmental Services, LLC
(AE2S) for Integrated Water Resource Plan Phase 1 Services.
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:In 2013, Bozeman City Commission adopted the Integrated Water Resources
Plan (IWRP), which identifies water supply and use policies and practices for
future consideration. Since then, City departments have been working
towards implementing many of the plan's recommendations, all while
Bozeman has grown and changed. It is important to continue to have an
accurate and clear plan for future City water supply; community growth and
change, progress implementing supply alternatives in the 2013 IWRP, and
demand reduction achieved through effective water conservation
programming have resulted in a need to update the IWRP.
Bozeman continues to be a popular destination with a high demand for
housing, and as the City builds housing and develops, one of the common
things staff has heard is the desire to ensure there is enough water for
everyone. Water remains a priority for many residents, and many are aware
that we have a high-quality but limited supply available in the Gallatin Valley.
As we engage the community and talk about the plan moving forward,
careful communication is needed to avoid any misunderstandings, educate
on where we are at, and talk openly about growth, our water supply, and the
pros and cons of longer-term strategies. The City has already hired Raftelis, a
communications consultant with extensive experience communicating water
supply concepts, to develop and implement communications regarding the
IWRP.
This consultant contract with AE2S reflects work to hire a technical
178
consultant with extensive experience planning and designing water supply
infrastructure to support technical analyses necessary to the IWRP
community outreach process led by Raftelis.
The Phase 1 technical services under this contract are specific to supporting
community outreach work. Phase 2 technical services work, not included
with this initial scope and fee, will be prepared upon completion of the
Phase 1 work and brought to City Commission for subsequent approval upon
completion of outreach work. Phase 2 work will take the input received from
outreach to further develop technical analyses for concept alternatives,
prepare life cycle cost analyses and projects ranking analyses, and prepare
an updated IWRP for review and adoption.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The anticipated fiscal effect to the City for Phase 1 services is $98,743 from
the Water Fund.
Attachments:
2501163 IWRP PSA-clean.docx
Exhibit A and B _ P05097-2024-004
Report compiled on: January 15, 2025
179
1
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, a self-
governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121
N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and Advanced Engineering and Environmental Services,
LLC,(ENGINEER).
Whereas the accomplishment of the work and services described in this Agreement and corresponding exhibits is
essential to the OWNER'S public works improvement program.
Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering
services for the project.
Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services
for this project described in this Agreement.
Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the
parties agree as follows:
ARTICLE 1 - ENGINEERING SERVICES
1.1.ENGINEER will provide services set forth in Exhibit A -Scope and Fee Description (“Engineering Services”),
which is hereby incorporated in and made a part of this Agreement.
ARTICLE 2 - ENGINEER'S RESPONSIBILITIES
2.1.ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this
Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and advice and
furnishing customary civil and structural engineering services incidental thereto.
2.2.The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and
complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans,
specifications, and recommendations as designated herein.
2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of
government, public, and private organizations and shall be authorized to procure information from other authorities as to the
extent of these contacts and the results thereof.
2.4.The ENGINEER'S work shall be in accordance with the standards of sound engineering practices.
2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall
be Nate Weisenburger, PE.
2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER.
The Project Manager shall be Zach Magdol, PE. The OWNER may name a Task Director who would be the liaison between
the ENGINEER and the OWNER during the design segment of the Project.
2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress
reports thereafter until the project is completed.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
180
2
3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during
DESIGN segment of the Project. The Task Director designated shall be Shawn Kohtz, PE..
3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times.
3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing
configuration of the city utilities.
3.4 The OWNER shall attend the job related meetings requested by the ENGINEER.
ARTICLE 4 - BASIC ENGINEERING SERVICES
The ENGINEER shall render professional Engineering Services as follows:
4.1 PRE-DESIGN INVESTIGATION PHASE
After written authorization to proceed, ENGINEER shall:
4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available
data.
4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services
and assist OWNER in obtaining such data or services.
4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design
of the Project and participate in consultations with such authorities.
4.1.4.Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of
prospective sites and solutions.
4.1.5.Provide a general economic analysis of OWNER's requirements applicable to various alternatives.
4.1.6 Assist in formation of Special Improvement Districts (SID) by preparing district boundary
descriptions and maps, preparing a property owner's and assessments role lists including project assessment
costs based on the preliminary project cost estimates, and providing technical information at SID public
hearings, if applicable.
4.1.7.Prepare a Report containing schematic layouts, sketches and conceptual design criteria with
appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of
governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER
and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by
ENGINEER's opinion of probable costs for the Project, including the following which will be separately
itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of
information furnished by OWNER) allowances for such other items as charges of all other professionals and
consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest
and financing charges and for other services to be provided by others for Owner. The total of all such costs,
allowance, etc. are hereinafter called "Total Project Costs".
4.1.8.Furnish an electronic copy of the Study and Report documents and review them in person with OWNER.
The Pre-design Investigation Phase will be completed and submitted within 365 calendar days following written
authorization from OWNER to ENGINEER to proceed with that phase of services.
4.2 ENGINEER shall furnish OWNER with an electronic copy of the Report in searchable PDF format.
181
3
ARTICLE 5 - ADDITIONAL SERVICES
5.1.If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct
ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as
provided in this Agreement:
5.1.1.Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions.
5.1.2.Preparation of applications and supporting documents for governmental agencies in addition to those
required under Basic Services; preparation or review of environmental studies and related services; and assistance
in obtaining environmental approvals.
5.1.3.Services resulting from significant changes in the general scope, extent or character of the Project or
major changes in documentation previously accepted by OWNER where changes are due to causes beyond
ENGINEER's control.
5.1.4.Providing renderings or models.
5.1.5.Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-
sequence work.
5.1.6.Providing other services not otherwise provided for in this Agreement, including services normally
furnished by the OWNER as elsewhere herein described.
5.1.7.Furnishing the services of independent professional associates or consultants for other than Basic
Services.
ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE
6.1 AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under
sections 4.1 of this Agreement pay time-and-materials not-to-exceed as identified in Exhibit A.
6.1.2 General. Engineer shall submit monthly statements for services rendered. The statements shall be based
upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to
any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the
payment provisions of this Agreement.
6.1.3 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable.
ARTICLE 7 - PAYMENT PROVISIONS
7.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved
Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings
provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER
disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the
receipt of bill of the dispute.
7.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period
incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total
cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed
separately.
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7.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase
of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total
payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER
also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by
ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions
of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-approved Additional
Services and unpaid Reimbursable Expenses which are authorized under this agreement.
ARTICLE 8 - GENERAL CONSIDERATIONS
8.1 TERMINATION OF AGREEMENT
8.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and
all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER.
8.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in
this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services
or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any
additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected
by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services
or other work performed. The equitable adjustment for any termination shall provide for payment to the
ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to
the termination.
8.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly
discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to
the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries
and such other information and materials as may have been accumulated by the ENGINEER in performing this
Agreement, whether completed or in process.
8.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data,
recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior
to said termination shall be delivered to and become the property of the OWNER.
8.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to
complete the work under this Agreement.
8.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law.
8.2 INSPECTION AND AUDIT
All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance
of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for
audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three
years from the date of final payment.
8.3 EMPLOYMENT
The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee,
working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company
or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage
fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or
violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to
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deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage
fee, gift or contingent fee.
All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the
ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER.
8.4 NONDISCRIMINATION
The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit
and qualifications.
The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws, regulations, and contracts.
The ENGINEER 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 ENGINEER 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.
ENGINEER 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). ENGINEER 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.
ENGINEER shall require these nondiscrimination terms of its subcontractors providing services under this
Agreement.
The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this agreement.
8.5 SUBLETTING OR ASSIGNING OF WORK
The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER.
8.6 STANDARD OF CARE
In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and
skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service
should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER’s request, re-perform
the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to
the project which are made necessary as a result of the initial non-performance or the re-performance of services. The
OWNER’s rights herein are in addition to any other remedies the OWNER may have under the law.
8.7 LEGAL RELATIONS:
8.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local
laws and ordinances applicable to the work to be done.
8.7.2 For claims, causes of action, losses, or damages (collectively, “Claims”) asserted by third-parties and
arising out of the performance of professional services by the ENGINEER, the ENGINEER shall indemnify and
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hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including
reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are
caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants in the
performance of professional services under this Agreement. The ENGINEER’S obligation to indemnify and hold
the Owner and the Owner’s officers and employees harmless under this section 9.7.2 does not include a duty to
defend.
8.7.3 For Claims asserted by third-parties that do not arise out of the performance of professional services by
the ENGINEER, the ENGINEER shall, to the extent covered by the ENGINEER’S insurance, defend, indemnify,
and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including
reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are
caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants.
8.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a
plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities
as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault giving rise to the
damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or
employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney’s fees
and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER.
The indemnity required herein shall not be limited by reason of the specification of any particular insurance
coverage in this Agreement.
8.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting
from intentional misconduct by any officer, director, agent or employee in connection with the work specified in
this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any damages, costs
or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney’s fees and
costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding
the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the
OWNER’S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found
responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to
reimburse ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER.
8.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible
to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work
shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain
complete control over all of its employees, subcontractors, agents and operations, being responsible for any
required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation
with statutory limits, and unemployment insurance.
8.8 INSURANCE
The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an
additional insured, to include thirty (30) days notice of cancellation or non-renewal.
Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is
completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum
insurance coverage as follows:
Type of Coverage Limits
Employers' Liability:$ 1,000,000. per accident
General Liability:
Bodily Injury & Property Damage
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Single and combined $ 1,000,000. per accident
General Aggregate:$ 2,000,000.
Excess Liability Coverage (umbrella)$1,000,000. each occurrence
Automobile:
Bodily Injury covering all $ 1,000,000 each person
automobiles, trucks,
tractors, trailers, or $ 1,000,000 each occurrence
other automotive equip-
ment whether owned or
rented by Engineer or
owned by employees of
Engineer.
Property Damage covering $ 1,000,000 each occurrence
all automobiles, trucks,
tractors, trailers or other
automotive equipment whether
owned or rented by Engineer
or owned by employees of
Engineer
OR
Bodily Injury & Property $1,000,000 each occurrence
Damage Single and combined
In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and
accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage
as follows:
Professional Errors & Omissions:$ 1,000,000 per claim and
aggregate each occurrence
8.9 ENDORSEMENT
The ENGINEER shall place his endorsement on all drawings and other data furnished by him.
8.10 OWNERSHIP OF DOCUMENTS
The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for
reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by
ENGINEER will be at OWNER’s sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER’s
independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types
that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained
or derived from such electronic files will be at the user's sole risk.
8.11 PUBLIC INFORMATION
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The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of
the OWNER.
8.12 PROPRIETARY RIGHTS
If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or
inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political
subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free
license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the
use of any method that may be developed as part of the work described and contemplated herein.
8.13 RECORDS
The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the
records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such
accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER.
8.14 SUCCESSORS IN INTEREST
The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal
representatives, successors and assigns of the respective parties.
8.15 ATTORNEY'S FEES AND COSTS
That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or
conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney.
8.16 MODIFICATIONS AND AMENDMENTS
That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the
same manner as this original document and shall after execution become a part of this Contract.
8.17 ENTIRE AGREEMENT
This Agreement, together with any other documents incorporated herein by reference and all related Exhibits 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. In the event of any inconsistency between the statements made in the body of this Agreement, the related
Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: 1) this
Agreement, excluding its Exhibits; 2) the Exhibits to this Agreement as of the Effective Date; and 3) any other documents
incorporated herein by reference.
8.18 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.
In witness Whereof, the Parties hereto do make and execute this Agreement.
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CITY OF BOZEMAN, MONTANA ENGINEER
BY: BY:
(City Manager)(Operations Manager)
DATE: DATE:
ATTEST:
BY:
(City Clerk)
188
Exhibit A to Professional Services Agreement
Bozeman Integrated Water Resources Plan
Phase 1 – Technical Advisory Committee Coordination
Scope and Fee Description
December 5, 2024
The objective of this project is to develop an updated Integrated Water Resources Plan (IWRP) that
provides alternatives to improve Bozeman’s water supply resiliency. The ultimate deliverable for this
project will include an updated IWRP summarizing the 50-year planning horizon and recommended
improvements, policies, and/or programs to enhance the water supply portfolio.
This project will be divided into two phases with Phase 1 including support for the Technical Advisory
Committee and communications team. Phase 2 will provide more technical analysis on alternatives
including benefits and cost and ranking analyses. Phasing this project allows the City flexibility in
defining future scope/tasks which are dependent on the outcome of Phase 1 as well as related but
separate planning efforts.
Phase 1: Technical Advisory Committee Coordination
Task 1: Communication Team Integration and Project Management
Deliverable:
Executive summary and presentation summarizing the progress made since the 2013 IWRP
Scope:
On going coordination with City’s, Project Manager, Communication Team, and communication
consultant (Raftelis)
Participate in Raftelis’ kickoff workshop (total of 9 hours). Coordinate with Raftelis to define roles and
responsibilities throughout the project.
Assist Raftelis and City with developing list of Technical Advisory Committee (TAC) candidates
Assist Raftelis with developing FAQ’s and effective key messages
Assist Raftelis with developing public survey
Prepare an executive summary and presentation to summarize the work that has been completed on
water supply planning by the City since the 2013 IWRP.
Stakeholder Subcommittee Meetings (5 meetings)
Assumptions:
N/A
189
Exhibit A – Scope and Fee Description
Bozeman Integrated Water Resources Plan
Phase 1 – Technical Advisory Committee Coordination
Page 2 of 5
Task 2: Technical Advisory Committee Workshops
Deliverable:
Meeting agendas and presentations for 3 workshops as described in scope
Basis of Planning executive summary
Scope:
Assist with facilitating 3 Technical Advisory Committee meetings
1) Current Conditions Workshop (“Where We’re At?” summary of progress made since 2013
IWRP)
2) Basis of Planning Workshop (“Where We’re Going” summary of primary basis of planning
assumptions that need to be made, e.g., 50-year planning projection scenarios)
3) Alternatives Brainstorming Workshop (“How We Get There” workshop alternatives, revisit
previous alternatives and focus on developing new ones)
Ongoing TAC coordination
Basis of Planning Executive Summary which will include a chart showing range of long-term water
supply planning estimates with low growth, medium growth, and high growth scenarios
Open House participation
Assumptions:
Assume 3 of the 9 TAC meetings, as scoped by Raftelis, will occur prior to the beginning of Phase 2
Assume Workshops will be in-person.
Assume an allowance of 16 hours for ongoing TAC coordination and participation in TAC meetings not
identified in scope
Assistant Project Manager will attend all open houses, Project Manager will attend a selected two
open houses – assumes open houses are in-person
Task 3: State Agency Engagement
Deliverable:
Policy statements of key issues that require discussions and determinations based on the outcome of
the Brainstorming Workshop.
Summaries of discussions conducted with State Agencies.
Scope:
Meet with City staff to develop talking points and policy/legislation needs to be presented to
DEQ/DNRC
Meet with DEQ and DNRC leadership in Helena with City representatives to discuss legislation needs
Assumptions:
Assume two meetings with DEQ and DNRC leadership in Helena.
190
Exhibit A – Scope and Fee Description
Bozeman Integrated Water Resources Plan
Phase 1 – Technical Advisory Committee Coordination
Page 3 of 5
Task 4: Unanticipated Work / Contingency
Due to the evolving nature of this work and the potential for meetings/workshops beyond those
identified in the scope above, a budget of $8,000 will be allocated for unanticipated work that may arise
during the course of this project. This budget will not be used without written authorization from City.
Anticipated Phase 2 – Integrated Water Resources Plan
Phase 2 may include:
Task 1: Concept Alternatives Development
Compile list of all alternatives to be considered to improve water supply resiliency. Categories
for alternatives may include existing source optimization, water rights and policy, new supply
source
Present to TAC and conduct initial screening
Task 2: Alternatives Benefits and Life Cycle Cost
Quantify benefits (acre feet) achieved from the selected alternatives over the 50-year planning
horizon
Develop Class 5 cost estimates for each alternative
Task 3: Alternative Ranking Analysis
In collaboration with TAC, develop alternative ranking criteria which may include cost, yield,
environmental impacts, climate resiliency, community impact, feasibility
Task 4: Graphical Executive Summary / Report
Format TBD
Task 5: Stakeholder Engagement / Public Outreach
TBD
Project Schedule:
Phase 1 anticipated January 2025 – September 2025.
Phase 2 anticipated September 2025 – June 2026.
Fee Schedule:
Task Hours1 Fee
Task 1: Communication Team Integration and
Project Management 150 $36,585
Task 2: Technical Advisory Committee Workshops 151 $35,716
Task 3: State Agency Engagement 75 $17,942
Task 4: Unanticipated Work/Contingency N/A $8,000
191
Exhibit A – Scope and Fee Description
Bozeman Integrated Water Resources Plan
Phase 1 – Technical Advisory Committee Coordination
Page 4 of 5
Expenses: Transportation & Misc. Supplies
Allowance $500
Total 376 $98,743
1 Estimated hours includes subconsultant (Jacobs and WGM) time
192
Exhibit B – Hourly Rates
Bozeman Integrated Water Resources Plan
Phase 1 – Technical Advisory Committee Coordination
Exhibit B to Professional Services Agreement
Bozeman Integrated Water Resources Plan
Phase 1 – Technical Advisory Committee Coordination
Hourly Rates
December 5, 2024
Team Member, Labor Category Hourly Rate (2025 Rates subject to change in
January)
Nate Weisenberger, Project Manager
6
$300.00
Scott Buecker, Project Manager 5 $274.00
Zach Magdol, Engineer 4 $237.00
Aidan Scheffel, Engineer 2 $175.00
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Memorandum
REPORT TO:City Commission
FROM:Shane Miller - Facilities Project Coordinator
David Arnado - Facilities Superintendent
Jon Henderson - Strategic Services Director
SUBJECT:Authorize City Manager to Sign Professional Services Agreements for
Facilities Contractors Term Contracts
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreements for
Facilities Contractors Term Contracts
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The Facilities Dept. regularly uses general contractors and specialty trades
contractors for projects related to facilities management and maintenance.
To attract a wider pool of contractors the Facilities Dept. published an RFQ
for contractors of all trades on October 21st, 2023, with the intention of
placing qualified respondents on a preferred contractor list and establishing
agreements to provide contractor services at pre-negotiated rates. This will
help minimize procurement delays in responding to future facilities projects
as they arise. When responding to emergency maintenance needs,
procurement delays can significantly increase building downtime resulting in
impacts to the public and staff. Maintaining term contracts with general and
specialty trade contractors positions the City to be able to adequately
respond to facilities needs while also building stronger contractor
relationships. The contractors listed below responded to the Request for
Qualifications and were evaluated by the review committee to be qualified
to provide the services detailed in their statements of qualifications and
their proposals. Term Contract proposals were extended to all responding
contractors who were evaluated as 'qualified' by the review committee.
Contracts included in this item: Golden Eagle Construction, LONG Building
Technologies, Plan One, Langlas & Associates, Tate Management, Moore
Technology, Sanbell, Greater Gallatin Contractors, inContour, Metal Works
Montana aka Missoula Sheet Metal & Roofing, Parker Environmental,
Greenspace Landscaping, Blanton Contracting, Pioneer Technical Services,
Slate Electrical, K2 Ventures, Alpine Precision Striping,
UNRESOLVED ISSUES:None at this time.
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ALTERNATIVES:As suggested by City Commission.
FISCAL EFFECTS:Services provided under these term contracts will be provided at the pre-
negotiated rates as stated in the Scope of Services for each contract. Services
are to be provided on an 'as-needed' basis and individual project expenses
are to be project specific with projects initiated via task order. Total
contracted project costs are to be $79,999 or less per the City of Bozeman
Purchasing Policy.
Attachments:
Blanton Contracting PSA (Professional Service Agreement)
Contract 2025.01.01.pdf
Golden Eagle Construction PSA (Professional Service
Agreement) Contract 2025.01.01.pdf
Greater Gallatin Contractors, Inc. PSA Contract
2025.01.01.pdf
Greenspace Landscaping PSA (Professional Service
Agreement) Contract 2025.01.01.pdf
inContour PSA (Professional Service Agreement) Contract
2025.01.01.pdf
Langlas & Associates PSA (Professional Service Agreement)
Contract 2025.01.01.pdf
LONG Building Technologies PSA (Professional Service
Agreement) Contract 2025.01.01.pdf
Metalworks of Montana, Inc. PSA Contract 2025.01.01.pdf
Moore Technology, LLC PSA (Professional Service Agreement)
Contract 2025.01.01.pdf
Parker Environmental, Inc. PSA (Professional Service
Agreement) Contract 2025.01.01.pdf
Pioneer Technical Services PSA (Professional Service
Agreement) Contract 2025.01.01.pdf
Plan One Architects PSA (Professional Service Agreement)
Contract 2025.01.01.pdf
Sanbell PSA (Professional Service Agreement) Contract
2025.01.01.pdf
Slate Electrical PSA (Professional Service Agreement)
Contract 2025.01.01.pdf
Tate Management PSA (Professional Service Agreement)
Contract 2025.01.01.pdf
K2 Ventures PSA (Professional Service Agreement) Contract
2025.01.01.pdf
Alpine Precision Striping PSA (Professional Service
Agreement) Contract 2025.01.01.pdf
Report compiled on: January 15, 2025
195
Professional Services Agreement for [Blanton Contracting]
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _Blanton Contracting, LLC_, _PO Box 1015; Belgrade,
MT 59714_, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st day of February, 2030, 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. 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.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
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Professional Services Agreement for [Blanton Contracting]
Page 2 of 11
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
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damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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
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insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
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b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
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10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ 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 _Vince Blanton, Owner_ 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
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report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. 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 the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications intended to be branded for use by the 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).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the 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 the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
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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.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
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requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
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25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
31. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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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 _Blanton Contracting, LLC_
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
206
Blanton Contracting
406-570-9534
PO Box 1015 Belgrade, MT 59714
www.BUILDWITHBLANTON.com
EMPOWERING CONSTRUCTION EXCELLENCE
RE: REQUEST FOR QUALIFICATIONS (RFQ)
CONTRACTORS – ALL TRADES AND SERVICES – FACILITIES PROJECTS
CITY OF BOZEMAN
RATE SHEET
Project Executive = $125 / HR (fully burdened)
Project Manager = $105 / HR (fully burdened)
Asst Project Manager = $95 / HR (fully burdened)
Superintendent = $105 / HR (fully burdened)
Asst Superintendent = $95 / HR (fully burdened)
Project Engineer = $95 / HR (fully burdened)
Total Sum Overhead 10% - Profit 10%
Materials = Actual Cost
207
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
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _Golden Eagle Construction_, _505 Shephard Way;
Helena, MT 59601_, hereinafter referred to as “Contractor.” The City and Contractor may be referred
to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st_ day of _February_, 2030_, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
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Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
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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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
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jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
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must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
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b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ or such other individual as City shall
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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 _Adam Senechal, President_ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
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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.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
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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.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
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date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __5 years__.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ___Golden Eagle Construction_______
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Page 6 of 7 FIRM WORKLOAD Provide the status of current and anticipated work within the firm in terms of time and magnitude for the anticipated Project schedule. As it relates to the availability of key personnel and your firm. Describe the firm’s capability to meet time and project budget requirements. The following are 2025 contracted projects for the Bozeman office: - Punch list and warranty completion of the One & Only Branded Residence Phase 1A (6 homes). Remaining contract = $2 million. - It is our intent to be awarded two more commercial projects next year. Rates to be established in the contract are as follows: Project Management - $95/hr Superintendent - $85/hr Project Engineer - $85/hr Materials - Cost Total Sum Overhead & Profit - 15% GEC is able to engage quickly and help complete any facility projects. We will be pragmatic and let you know of any possible conflicts with other projects so that expectations can be aligned before we begin. With experience in Bozeman, and a strong estimating team, we are able to provide accurate budgets to facilitate contracting. CLAIMS At any time in the last ten (10) years has your firm been assessed and paid liquidated damages after completion of a project under contract with a public owner? At GEC, we are very proud of our record of delivering projects on schedule and not being assessed any liquidated damages. 220
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
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _Greater Gallatin Contractors, Inc._, _PO Box 4036;
Bozeman, MT 59772_, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st day of February, 2030, 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. 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.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
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become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
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rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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]
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own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
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to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ 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
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purpose of this Agreement shall be _Stephen Olsen, Senior Project Manager_ or such other
individual as Contractor shall designate in writing. Whenever direction to or communication
with Contractor is required by this Agreement, such direction or communication shall be
directed to Contractor’s Representative; provided, however, that in exigent circumstances
when Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. 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 the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications intended to be branded for use by the 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
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Criteria and Conformance Requirements as defined by the current Web Content Accessibility
Guidelines (WCAG).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the 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 the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
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such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
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a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
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than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
31. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __________________________.
**** 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 _Greater Gallatin Contractors, Inc._
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Greater Gallatin Contractors, Inc. www.greatergallatin.com office@greatergallatin.com
Our Mission is to exceed expectations in the landscaping and irrigation industry using knowledgeable team members and safety
awareness, with a focus on environmentally friendly techniques. Through our company wide business ethics; we develop relationships
with our clients, vendors and the community.
To:
City of Bozeman
RFQ – All Trades and Services – Facilities Projects
PO Box 1230
Bozeman, MT 59771-1230
January 14, 2025,
Rate Sheet
Greater Gallatin Landscape Contractors performs varied scopes of work and services within the Landscaping
Industry. Most projects would require a bid; however, a list of hourly rates is included for miscellaneous tasks. The
following hourly rates include all necessary labor, insurance, overhead and profit. The cost of materials used in a “Time
and Material” basis shall include 15% overhead and 15% profit.
Landscape Maintenance Description Per Hour Notes
Turf Maintenance Mow Irrigated turf areas, trim edges, and blow off hard surfaces $65.00 2 Hr. Min
Bed Maintenance Hand pulling weeds, pruning, planting, and/or mulch refreshing $65.00
Native Grass Mowing Native grasses that are unirrigated $130.00 2 Hr. Min
Turf Aeration Core aeration $75.00 2 Hr. Min
Spring/Fall Cleanup Clean all beds and turf of leaves and debris, lightly prune as needed $65.00 2 Hr. Min
Pet Waste Stations Waste disposal and bags included $75.00
Snow Removal Description Per Hour Notes
Snow Shoveling and Salting Labor, salt on request $95.00 Salt Extra
Snow Plowing Truck mounted plow, inquire about other plows $105.00
Snow Removal Load and haul material off site $110.00 2 Hr. Min
Sand/Salt Parking lot $85 per hour and $110 per load of 90/10 mix sand/salt $85.00 Sand Extra
Landscaping Description Per Hour Notes
*Please inquire about a project specific bid.
Mark Haarer, Principal Owner
Greater Gallatin Contractors, Inc.
212 Discovery Dr. Suite A I Bozeman, MT 59718
PO Box 4036 I Bozeman, MT 59772
www.greatergallatin.com
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _Artaxerxes Capital, LLC dba Greenspace
Landscaping_, _3850 Blondie Ct; Bozeman, MT 59718_, hereinafter referred to as “Contractor.” The
City and Contractor may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st day of February, 2030, 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. 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.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
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5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
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damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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
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insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
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b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
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10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ 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 _Arian Kambakhsh, Owner_ 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
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report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. 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 the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications intended to be branded for use by the 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).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the 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 the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
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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.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
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requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
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25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
31. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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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 _Greenspace Landscaping_
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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GREENSPACE LABOR AND SERVICE PRICES 2025
Per Hr/Per Person
DESIGN Consulation $150
Design $150
LABOR Landscape - Foreman $100
Landscape - Crew $80
Garden - Foreman $70
Garden - Crew $60
Lawn Mow $110
Leaf Cleanups $80
Brushcutter (2 hr minimum) $200
Aeration (1 hr minimum) $190
BOBCAT Bobcat on site $250/day
Landscape Daily Price - 1 Foreman, 1 Crew = $1900
Landscape Daily Price - 1 Foreman, 2 Crew = $2700
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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
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _inContour Landscape Architecture_, _614 S Ferguson
Ave Ste 3; Bozeman, MT 59718_, hereinafter referred to as “Contractor.” The City and Contractor
may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st_ day of _February_, 2030, 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. 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.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
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become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
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rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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]
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own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
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to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ 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
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purpose of this Agreement shall be _Lessa Millard, Principal Landscape Architect_ or such
other individual as Contractor shall designate in writing. Whenever direction to or
communication with Contractor is required by this Agreement, such direction or
communication shall be directed to Contractor’s Representative; provided, however, that in
exigent circumstances when Contractor’s Representative is not available, City may direct its
direction or communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. 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 the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications intended to be branded for use by the 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
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Criteria and Conformance Requirements as defined by the current Web Content Accessibility
Guidelines (WCAG).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the 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 the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
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such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
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a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
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than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
31. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __________________________.
**** 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 _inContour Landscape Architecture_
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Terms and Conditions (effective Jan 1, 2024)
1. Standard of Care: Our Landscape Architectural Services will be performed in accordance with generally
accepted standards of professional care.pe.
2. Ownership of Documents: All deliverables provided to the Client by the Landscape Architect, including plans,
drawings, specifications, and other materials, remain the intellectual property of the Landscape Architect. Upon
full payment, the Client is granted a non-exclusive license to use these materials solely for the project's
construction and use. Unauthorized modifications or use of these materials may result in indemnification
responsibilities for the Client.
3. Additional Services: Services beyond the basic Scope of Services, when requested by the Client, will require
additional compensation.
4. Approval and Changes to Services: The Landscape Architect will proceed with each phase after the Client's
written approval of the prior phase's deliverables and authorization to continue. Changes initiated by the Client
may result in additional service charges.
5. Opinions of Probable Costs: These are estimates provided for budget planning and do not guarantee actual
construction costs. No fixed construction cost limit is established unless agreed upon in writing by both parties.
6. Payments: inContour, PLLC will invoice monthly, with payment due upon receipt and considered past due after
21 days. Work may be halted, and documents withheld for past due accounts. Interest will be charged on overdue
invoices at 18% per annum. Non-payment may result in a mechanics lien on the property.
7. Professional Hourly Rates: Rates for various staff members and expenses are subject to annual adjustments on
January 1st. The current rates are valid for 30 days from the proposal date, with the right to renegotiate upon
scope changes or project delays in excess of 60 days.
Principal $165.00
Project Manager/Lead $125.00
Landscape Architect $110.00
Landscape Designer $90.00
Landscape Intern $70.00
Clerical Staff $70.00
8. Reimbursable Expenses: These will be billed monthly at actual cost plus 10% and include various
operational expenses. These include but are not limited: printing, soil testing, airfare, hotel, rental car,
and mileage.
9. Indemnification: Both parties waive claims against each other for indirect or consequential damages
related to this Agreement.
10. Collection: The Client agrees to cover all collection costs, including attorney fees. The prevailing party
in any legal action is entitled to recover legal costs.
11. Claims: The Client cannot deduct amounts for claims against inContour, PLLC services from payments,
unless legally adjudicated.
12. Suspension/Termination: Either party may terminate this agreement with immediate effect upon
written notice. Payment for services rendered and expenses incurred up to termination is expected.
inContour, PLLC reserves the right to suspend services or terminate the agreement for non-payment or
project inaction.
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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
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _Langlas & Associates_, 2685 Gabel Road; Billings,
MT 59102_, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st day of February, 2030_, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
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Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
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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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
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jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
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must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
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b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ or such other individual as City shall
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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 _Roger Davis, President-Central District_ or such other
individual as Contractor shall designate in writing. Whenever direction to or communication
with Contractor is required by this Agreement, such direction or communication shall be
directed to Contractor’s Representative; provided, however, that in exigent circumstances
when Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
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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.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
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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.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
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date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __5 years__.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ___Langlas & Associates_______
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A
RE: Langlas Labor Rates
Langlas & Associates Reimbursable Labor Rates:
2025 2026 2027
Laborer $69.00 +3% +3%
Carpenter $77.00 +3% +3%
Finish carpenter $79.00 +3% +3%
Carpenter foreman $83.00 +3% +3%
Mechanic $83.00 +3% +3%
Safety Officer $100.00 +3% +3%
Field engineer $100.00 +3% +3%
Assistant Superintendent $105.00 +3% +3%
Project superintendent $120.00 +3% +3%
Assistant project manager $105.00 +3% +3%
Project manager $120.00 +3% +3%
Sr. Project Manager/Executive $130.00 +3% +3%
Overtime rates to be 1.5 times regular rates above.
Off-site prefabrication rates will be the same rates as stated above.
2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088
1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110
280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005
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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
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _LONG Building Technologies_, _5001 S Zuni St;
Littleton, CO 80120_, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st day of February_, 2030, 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. 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.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
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become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
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rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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]
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own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
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to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ 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
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purpose of this Agreement shall be _Michael Freitas, Account Executive_ or such other
individual as Contractor shall designate in writing. Whenever direction to or communication
with Contractor is required by this Agreement, such direction or communication shall be
directed to Contractor’s Representative; provided, however, that in exigent circumstances
when Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. 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 the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications intended to be branded for use by the 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
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Criteria and Conformance Requirements as defined by the current Web Content Accessibility
Guidelines (WCAG).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the 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 the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
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such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
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a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
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than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
31. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __________________________.
**** 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 _LONG Building Technologies_
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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To: City of Bozeman
20 E. Olive Street
Bozeman MT, 59715
From: Long Building Technologies
2285 Deerfield Lane
Helena, MT 59601
January 13, 2025
Subject: MT Labor Rates
As requested, I am writing to inform you of the current labor rates for Long Building Technologies
Montana services. These rates are uniform across all business units: Business Intelligence/Fire
Services (MTBI), Mechanical Services (MTMS), and Security Services (MTSS). The labor rates are as
follows
• Preferred Customer/Contact Rate: $130/hour (City of Bozeman would be considered a preferred
customer).
• Overtime (after 5 pm or Saturday and Sunday): $195/hour
• Holiday Rate: $260/hour
The rates above are as of January 2025. Please let us know if you need any additional information.
Sincerely,
LONG BUILDING TECHNOLOGIES, INC.
Michael Freitas
Account Executive
1-406-465-7078
LONG Building Technologies, Inc.
2285 Deerfield Lane
Helena, MT 59601
1-406-797-7082 TEL
www.LONG.com
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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
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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
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _Moore Technology, LLC_, _1503 Bozeman Trail Rd.;
Bozeman, MT 59715_, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st day of February, 2025, 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. 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.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
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become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
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rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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]
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own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
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to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ 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
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purpose of this Agreement shall be _Ben Nachman, Project Manager_ or such other individual
as Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. 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 the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications intended to be branded for use by the 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
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Criteria and Conformance Requirements as defined by the current Web Content Accessibility
Guidelines (WCAG).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the 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 the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
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such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
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a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
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than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
31. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __________________________.
**** 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 _Moore Technology, LLC_
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
310
List of Services
Access control
Intrusion (Burglar)
Alarm
Structured cabling
Surveillance camera
systems
Network room build-
out
Fiber installation
Fiber and conduit
burial
Fiber splicing
Wireless access
points
Computer hardware
Computer networking
Point of sale
Security camera
system
Voice over Internet
Protocol (VOIP) –
Internet phone
Network extension
Point to (multi) point
and mesh wireless
Telecommunications
POTS
PBX system
VoIP system
Media display
Antenna installation
Audio system
Script Pro
Structured display
Cell phone signal
booster
Service Rates
Standard Emergency Travel
$150/hr $225/hr Hourly + $0.67 mile
311
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Moore Technology, LLC
Moore Technology, LLC
Justin Moore Owner
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _Parker Environmental, Inc._, _581 Running Bear Lane;
Hamilton, MT 59840_, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st day of February, 2030, 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. 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.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
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5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
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damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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
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insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
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b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
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10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ 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 _Jim Parker, Operations Manager / Inspector_ 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
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report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. 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 the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications intended to be branded for use by the 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).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the 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 the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
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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.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
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requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
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25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
31. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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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 _Parker Environmental, Inc._
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
323
581 Running Bear Lane
Hamilton, Montana 59840
Phone: (406) 360-7872
Email: parker.enviro24@gmail.com
Accreditations / Certifications:
Parker Environmental, Inc. holds the following firm Accreditations / Certifications:
o State of Montana – Certificate of Existence
o US-EPA Lead Safe Certified Firm – Certification #: NAT-F276918-1 Expires:
12/05/2029
o State of Montana – Certified Methamphetamine Clean-up Contractor (In Process)
James Parker holds the following Accreditations / Certifications:
o MT-DEQ Asbestos Inspector – MTA-5024 – Expires 09/25/2025
o MT-DEQ Management Planner – MTA-5024 – Expires 09/27/2025
o MT-DEQ Contractor/Supervisor – MTA-5024 – Expires 10/18/2025
o US-EPA Lead Risk Assessor – Certification Number: LBP-R-I227517-2 Expires:
12/05/2027
o PMII Certified Mold Inspector – Certification Number: CRMI0000047953 Expires:
09/05/2025
o National Association of Mold Premeditators and Inspectors (NAMRI) – Member
Number: 418402
o 40 Hour HAZWOPER – Certificate Number – AB739 Expires: 09/23/2025
o US-DOL MSHA Training – Certificate Number: 9187 Expires: 08/21/2025
o TSOIH Certified Methamphetamine Inspector – Certificate Number: 110724-06
Expires: 11/07/2026
o Radon Measurement Professional – Certification Number: PRDN0000048016
Expires: 09/14/2025
o NIOSH 582 Certified Asbestos Analyst – Certification Number: 433-33-9187
** – Able to obtain High Security Clearance for Government Facilities
2025 Price List:
Mobilization:
ACTION UNIT PRICE PER UNIT
Mileage Miles $ 0.67
Fuel Gallons $ 4.50
Hotel Per Night $ 140.00
Per Diem – In Montana Per Day $ 40.00
Analytical Fees:
ANALYTE TURN AROUND TIME PRICE PER SAMPLE
Asbestos – PLM 3 Days $ 13.50
Asbestos – PLM 48 Hour $ 16.20
Asbestos – PLM 24 Hour $ 20.25
324
581 Running Bear Lane
Hamilton, Montana 59840
Phone: (406) 360-7872
Email: parker.enviro24@gmail.com
Asbestos – TEM 24 Hour $ 105.00
Lead Based Paint – Chips 5 Days $ 9.45
Lead Based Paint – Chips 48 Hour $ 11.50
Lead Based Paint – Chips 24 Hour $ 12.25
Lead in Soil 24 Hour $ 12.85
Lead – TCLP 24 Hour $ 105.00
Mold – Tape Lifts & Swabs 48 Hour $ 27.00
Mold – Tape Lifts & Swabs 3 to 5 Days $ 22.00
Mold – Air-O-Cell 24 Hour $ 44.00
Mold – Air-O-Cell 48 Hour $ 38.00
Methamphetamine – Wipe 24 Hour $ 75.00
Methamphetamine – Wipe 48 Hour $ 65.00
Methamphetamine – Wipe 3 Day $ 50.00
Sample Transport / Freight Per Batch $ 75.00
Labor:
LABOR UNIT PRICE PER UNIT
Travel Time Per Hour $ 50.00
Inspection Labor Per Hour $ 75.00
Reporting Per Hour $ 75.00
Equipment:
EQUIPMENT UNIT PRICE PER UNIT
Vehicle Per Day $ 40.00
Pumps – High & Low Volume Per Day $ 15.00
All Prices subject to change
Resumes:
Judy L. Parker
581 Running Bear Lane
Hamilton, MT. 58940
(Cell) 702 592-5434
PARKER ENVIRONMENTAL, INC.
Hamilton, Montana October 2024 to date
Co-Owner and CEO and CFO. Handling all types of office work including Accounts
Receivables, Accounts Payables, ordering supplies, sending samples to labs for analysis
325
581 Running Bear Lane
Hamilton, Montana 59840
Phone: (406) 360-7872
Email: parker.enviro24@gmail.com
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
Parker Environmental, Inc. 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, Parker Environmental, Inc. 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, or equivalent “best
practices publication and has read the material.
______________________________________
James Parker
Project Operations Manager / Inspector
Parker Environmental, Inc.
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _Pioneer Technical Services, Inc._, _1101 S Montana
St; Butte, MT 59701_, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st day of February, 2030_, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
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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
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
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connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
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8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
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Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ 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 _Tim Murphy, Project Engineer_ 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
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to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
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or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
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27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __5 years__.
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**** 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 ___Pioneer Technical Services, Inc._______
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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HEADQUARTERS: PO BOX 3445 BUTTE, MT 59702 PH: 406.782.5177 FX: 406.782.5866 WWW.PIONEER-TECHNICAL.COM
PIONEER TECHNICAL SERVICES, INC.
RATE SHEET
Issued January 15, 2025
CATEGORY RATE/HOUR
P10: Partner/Director $200.00
P9: Principal $187.00
P8: Program Manager $175.00
P7: Senior Project Manager $167.00
P6: Project Manager $158.00
P5: Senior Engineer/Scientist II $151.00
P4: Senior Engineer/Scientist I $145.00
P3: Project Engineer/Scientist II $137.00
P2: Project Engineer/Scientist I $130.00
P1: Staff Engineer/Scientist $122.00
T6:
Systems Technician
$128.00
T5: Senior Technician $113.00
T4: Technician II $98.00
T3: Technician I $83.00
T2: CAD Operator $76.00
T1: Clerical $69.00
Administrative $98.00
Overtime:
P (Exempt) Grades: Same hourly labor rate indicated above.
T (Non-Exempt) Grades: 1.5X the hourly labor rate indicated above.
OTHER DIRECT COSTS
Mileage Current IRS Rate
Weekly Vehicle Rate $360.00/week
Company Copies $0.07/copy
Travel Expenses Lodging at cost / GSA Per Diem
Geoprobe Per Job-specific Estimate
Survey Equipment
Total Survey Station $92.00/day
Robotic Total Station $256.00/day
RTK GNSS $333.00/day
Resource Grade GPS $51.00/day
Digital Level $72.00/day
Photoionization Detector (PID) $51.00/day
Nuclear Density/Moisture Gauge (< 4 hours) $46.00/half day
Nuclear Density/Moisture Gauge (> 4 hours) $72.00/day
X-Ray Fluorescence Instrument (Daily) $210.00/day
X-Ray Fluorescence Instrument (Monthly) $4,200.00/month
D.I. Water $7.00/carboy container
All Other Direct Expenses Cost plus 10%
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Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
Pioneer Technical Services, Inc. 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, Pioneer Technical Services, Inc. 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, or equivalent "best practices publication and has read the material.
Tim Ranf, P.E.
President/CEO
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _Plan One Architects_, _4020 Dewar Drive, Suite A;
Rock Springs, WY 82901_, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st_ day of _February_, 2030_, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
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Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
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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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
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jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
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must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
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b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ or such other individual as City shall
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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 _Mick Duff, Vice President_ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
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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.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
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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.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
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date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __5 years__.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ___Plan One Architects_______
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
350
p l a n o n e / a r c h i t e c t s
c h e y e n n e c o d y r o c k s p r i n g s b o z e m a n billings
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RATE SCHEDULE
Principal Architect $160
Structural Engineer $145
Architect II $130
Corporate Administration $125
Architect I / Project Manager $115
Job Captain $ 95
CAD Technician III $ 85
Interior Design $ 75
CAD Technician II $ 75
CAD Technician I $ 65
Clerical $ 60
Reimbursables:
x Printing, travel expenses, etc. actual + 15%
x Engineers & Special Consultants actual + 15%
x Vehicles @ Current IRS rate
x Shipping actual + 25%
351
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
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _Sanbell_, _1300 North Transtech Way; Billings, MT
59102_, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st day of February_, 2030, 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. 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.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
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become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
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rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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]
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own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
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to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ 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
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purpose of this Agreement shall be _Kendra Oiedalue, Project Manager_ or such other
individual as Contractor shall designate in writing. Whenever direction to or communication
with Contractor is required by this Agreement, such direction or communication shall be
directed to Contractor’s Representative; provided, however, that in exigent circumstances
when Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. 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 the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications intended to be branded for use by the 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
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Criteria and Conformance Requirements as defined by the current Web Content Accessibility
Guidelines (WCAG).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the 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 the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
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such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
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a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
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than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
31. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __________________________.
**** 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 _Sanbell_
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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OUTSIDE CONSULTANTS
SURVEY CREW SERVICES
STAFF PERSONNEL SERVICES
CHARGE OUT RATES
ROCKY MOUNTAIN
EFFECTIVE AUGUST 17, 2024
Staff Engineer I $115.00/hour
Staff Engineer II $130.00/hour
Staff Engineer III $135.00/hour
Landscape Designer I $105.00/hour
Landscape Designer II $115.00/hour
Landscape Designer III $125.00/hour
Landscape Architect I $135.00/hour
Landscape Architect II $145.00/hour
Senior Landscape Architect I $165.00/hour
Senior Landscape Architect II $175.00/hour
Staff Planner I $100.00/hour
Staff Planner II $115.00/hour
Planner I $130.00/hour
Planner II $145.00/hour
Senior Planner I $155.00/hour
Senior Planner II $195.00/hour
Senior Planner Manager $205.00/hour
Right-of-Way Agent $168.00/hour
Project Engineer I $145.00/hour
Project Engineer II $155.00/hour
Senior Engineer I $190.00/hour
Senior Engineer II $195.00/hour
Senior Engineer Manager $210.00/hour
Principal $250.00/hour
Expert Witness/Special Consultant $290.00/hour
Engineer Intern $90.00/hour
Field Survey Technician I $85.00/hour
Field Survey Technician II $88.00/hour
Staff Surveyor I $115.00/hour
Staff Surveyor II $130.00/hour
Professional Land Surveyor I $140.00/hour
Professional Land Surveyor II $150.00/hour
Senior Professional Land Surveyor I $160.00/hour
Senior Professional Land Surveyor II $180.00/hour
Construction Inspector $88.00/hour
ConstructionEngineering Tech. $100.00/hour
Senior Construction
Engineering Technician $145.00/hour
Construction Engineer I $145.00/hour
Construction Engineer II $150.00/hour
CADD Technician I $100.00/hour
CADD Technician II $105.00/hour
Designer I $107.00/hour
Designer II $110.00/hour
Senior Designer I $120.00/hour
Senior Designer II $145.00/hour
Senior Designer Manager $165.00/hour
Project Administrator $100.00/hour
Senior Project Administrator $115.00/hour
Administrative/Clerical $90.00/hour
Senior Administrative/Clerical $115.00/hour
Senior Administrative Director $185.00/hour
Graphic Artist $115.00/hour
Marketing Coordinator $120.00/hour
Senior Marketing Coordinator $130.00/hour
Marketing Director $185.00/hour
1-Person/2-Person Crew Per Job
Survey Equipment $30.00 /fieldwork hour
Survey Vehicle Mileage IRS rate/mile + $0.10/mile
Scanner Equipment $150.00/hour
Scanner Equipment (full day) $1,050/day
1) At cost if independently billed direct to client
2) Cost plus 5% if billed through us
INDEPENDENT LABORATORIES
1) At cost if independently billed direct to client
2) Cost plus 5% if billed through us
ADMINISTRATIVE EXPENSES
Administrative Expenses 3.5% *
Including copies, prints, phone, postage, materials, and travel
*Based on professional services only, unless modified by contract
Vehicle Mileage IRS Rate
These rates are updated periodically to reflect
market conditions. Rate increases will be reflected
in future invoicing.
TRAFFIC DATA COLLECTION SERVICES
Standard Intersection Count (veh/bike/ped) $30.00/hour
Small Roundabout Count (veh/bike/ped) $41.00/hour
Large Roundabout Count (veh/bike/ped) $93.00/hour
Spot Location Volume (veh/bike/ped) $4.00/lane/hour
Spot Location Travel Speeds (veh) $5.00/lane/hour
Data Collection Equipment $30.00/count location
Rushed Processing (24-hour turnaround) $9.00/processing hour
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Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation, gender identity or disability and acknowledges and
understands the eventual contract will contain a provision prohibiting discrimination as described above
and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees
and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby affirms it will
abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has
visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best
practices publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
Sanbell - Rocky Mountain
Sanbell - Rocky Mountain
Danielle Scharf - Managing Principal
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _Slate Electrical_, _3210 Canyon Ferry Rd, Suite 1;
East Helena, MT 59635_, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st day of February, 2030, 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. 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.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
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5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
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damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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
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insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
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b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
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10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ 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 _Alisha Hadfield, Office Manager_ 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
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report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. 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 the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications intended to be branded for use by the 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).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the 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 the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
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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.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
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requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
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25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
31. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __________________________.
**** 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 _Slate Electrical_
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CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Rate Breakdown
This document provides a comprehensive breakdown of our rates, ensuring
transparency and clarity for the City of Bozeman
Standard Hourly Rate
● Standard hourly rate: is $135/Electrician/hour and $70/apprentice/hour .
This rate applies to most of our services during regular business hours
which are defined as Monday- Friday from 7am-5pm.
● Minimum Job Charge : We do charge a minimum job rate of $250/job , once
this is met in Time and Materials the charge is no longer applicable.
Premium Rates
Certain specialized services may incur premium rates which are billed out as time
and a half. These include:
● Rush jobs: Projects requiring completion within 24 hours
● Out-of-hours work: Work performed outside of standard business hours,
these are to be approved by the Owner depending on staffing.
● Expert consultation: Rates can vary depending on the specific expertise
required. These rates will be provided upon request.
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Additional Costs
In addition to our hourly or project rates, clients may incur additional costs for:
● Materials and equipment: Costs associated with purchasing materials or
equipment required for the project. Materials are marked up 20% and
Equipment rates vary and can be determined before work begins
● Third-party services: Expenses for services provided by external vendors
or contractors.
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _Tate Management, Inc._, _84 West Clara Court;
Bozeman, MT 59718_, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st day of February, 2030_, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
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Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
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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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
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jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
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must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
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b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ or such other individual as City shall
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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 _Bryan Tate, President _ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
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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.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
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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.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
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date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __5 years__.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ___Tate Management, Inc._______
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
390
391
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation, gender identity or disability and acknowledges and
understands the eventual contract will contain a provision prohibiting discrimination as described above
and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees
and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby affirms it will
abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has
visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best
practices publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
Tate Management
Tate Management
Bryan Tate, President of Tate Management
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _K2 Ventures Inc., 2545 Spain Bridge Rd.; Belgrade,
MT 59714_, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st day of February, 2030_, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
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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
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
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connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
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8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
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Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ 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 _Danny Kappes, Vice President_ 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
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to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
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or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
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27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __5 years__.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ___K2 Ventures Inc._______
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
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By_______________________________
Greg Sullivan, Bozeman City Attorney
403
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
404
1
Shane Miller
From:Daniel Kappes <k2venturesmt@gmail.com>
Sent:Friday, January 17, 2025 5:32 PM
To:Shane Miller
Subject:Re: [EXTERNAL]Re: City of Bozeman Service Term Contract RFQ | Rates Sheet & W9
Categories:Red Category, Green Category, Blue Category
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.
Shane,
Listed below are our rates for labor and equipment. Please let me know if you need this information in a
different format or if I can provide additional context.
Service Item Price per Hour
Mini Excavator $165.00
Skid Steer $95.00
Wheel Loader $200.00
Road Grader $275.00
Dump truck $165.00
Dump trailer $115.00
General labor $76.50
Compaction equipment $100.00
Sweeping services $125.00
Snow service Item Price per Hour
Skid steer with Cage Plow $215.00
wheel Loader with Cage Plow $225.00
Wheel Loader with Snow Blower $295.00
Road Grader $275.00
Truck with Boss V Blade $200.00
Four wheeler with Plow $105.00
Snow Raider with Plow $105.00
Granular salt $1.25
Liquid Magnesium Chloride $2.95
EXHIBIT A
405
2
General Labor $76.50
Thank you,
K2 Ventures
Danny Kappes
406-595-4779
2545 Spain Bridge Rd. Belgrade MT 59714
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
www.k2venturesmontana.com
On Thu, Jan 16, 2025 at 3:01 PM Shane Miller <SMiller@bozeman.net> wrote:
Just make sure your hourly rates include not just base salary but that taxes, benefits, insurance, etc
SHANE MILLER | FACILITIES PROJECT COORDINATOR
City of Bozeman | 20 E. Olive Street, Office 014B | Bozeman, MT 59715
P: 406-577-7425 | C: 406-595-0637 | E: smiller@bozeman.net
From: Daniel Kappes <k2venturesmt@gmail.com>
Sent: Thursday, January 16, 2025 1:11 PM
To: Shane Miller <SMiller@BOZEMAN.NET>
Subject: Re: [EXTERNAL]Re: City of Bozeman Service Term Contract RFQ | Rates Sheet & W9
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.
Shane,
Sounds good. when you say "labor needs to be fully burdened, fyi." What do you mean by that? I am
putting together a price sheet as we speak, I just want to make sure you have everything you need.
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, _Alpine Precision Striping LLC, 4887 Victory Street;
Bozeman, MT 59718_, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st day of February, 2030_, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
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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
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
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connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
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8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
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Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _Shane Miller, Project Coordinator_ 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 _Kyle Kriesel. Owner/Operator_ 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
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to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
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Professional Services Agreement for [Alpine Precision Striping LLC]
Page 9 of 11
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
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Professional Services Agreement for [Alpine Precision Striping LLC]
Page 10 of 11
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __5 years__.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ___Alpine Precision Striping LLC_______
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
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Professional Services Agreement for [Alpine Precision Striping LLC]
Page 11 of 11
By_______________________________
Greg Sullivan, Bozeman City Attorney
417
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
418
Price Sheet—City of Bozeman
Description Unit Price
4" Line $0.50/ LF
4" Line with chalk line $0.90/ LF
Curb Striping $0.60/ LF
Handicap Stencil $40.00
EV Stencil $20.00
No Parking / Reserved / Visitor / Arrows $20.00
Curb Stencils $10.00
Mobilization $25.00
Site Prep Dependent on linear footage and level of dirtiness of the job.
419
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize the City Manager to Sign an Amendment 1 to Professional Service
Agreement with Pioneer Technical Services for Geotechnical Investigation at
Bozeman Sports Park
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to Professional Service
Agreement with Pioneer Technical Services for Geotechnical Investigation at
Bozeman Sports Park
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:Pioneer Technical Services was hired to perform soil analysis for the design
of Phase 1B field (field 7) at the Bozeman Sports Park. The initial scope was
expanded to including consultation regarding appropriate methods to
estimate infiltration for the proposed stormwater management system and
additional subcontractor expenses to provide a water truck and operator.
Initial contract of $3700 is amended to include an additional $2873.79
UNRESOLVED ISSUES:NA.
ALTERNATIVES:Per Commission
FISCAL EFFECTS:As budgeted in FY2025
Attachments:
Pioneer PSA First Amendment.docx
Bozeman Sports Park SOW Amendment.pdf
Report compiled on: January 16, 2025
420
First Amendment to Professional Services Agreement for Bozeman Sports Park Geotechnical Investigation
FY 2025
Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
BOZEMAN SPORTS PARK GEOTECHNICAL INVESTIGATION dated September 17,
2024 (the “Agreement”) is made and entered into this _____ day of ____________, 2025, by and
between the CITY OF BOZEMAN, MONTANA,a self governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and Pioneer Technical Services, Inc with a mailing address of 1309
Cole Avenue, Helena, MT 59601, 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.Scope of Services. Scope of Services is expanded to include additional consulting and
costs associated with new recommendations as described in the attached Progress Report
Section 9.
2.Price. The not to exceed amount is increased to $6573.79.
3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
421
First Amendment to Professional Services Agreement for Bozeman Sports Park Geotechnical Investigation
FY 2025
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 PIONEER TECHNICAL SERVICES
By________________________________By_____________________________
Chuck Winn, Interim City Manager Print Name: Shawn Bisch
Title: Vice President/CFO
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
422
423
424
Memorandum
REPORT TO:City Commission
FROM:Renata Munfrada, Community Housing Program Coordinator
David Fine, Urban Renewal and Housing Program Manager
Brit Fontenot, Director of Economic Development
SUBJECT:Authorize City Manager to Sign a Second Amendment to the Professional
Services Agreement with Human Resource Development Council IX
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize City Manager to sign the Second Amendment to the Professional
Services Agreement with Human Resource Development Council IX
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:Human Resource Development Council IX (HRDC) helps residents access safe
and secure housing. They focus on meeting the needs of our community
members at all levels of housing, including access to emergency shelter,
affordable rental housing, and homeownership. HRDC offers a variety of
services including: pre-purchase counseling, buyer qualification, marketing
and record keeping; mechanism monitoring and management for long-term
affordability; and record keeping and reporting. The attached Scope of
Services also includes record keeping and reporting, pre-purchase
counseling, buyer qualifications, marketing, monitoring long-term
affordability and also funds the partial cost of HRDC's Community
Development Director staff time. In partnership with HRDC, the City of
Bozeman is able to advance its affordable housing goals in the community.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by City Commission.
FISCAL EFFECTS:$40,000 in funding will be provided out of the Community Housing division
budget.
Attachments:
Second Amendment for Community Housing Program FY25-
FY26.pdf
425
Scope of Services for Community Housing Program FY25-
FY26.pdf
Report compiled on: December 3, 2024
426
Second Amendment to Professional Services Agreement for Community Housing Program FY 2025 – FY 2026 Page 1 of 2
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Community Housing Program dated August 23, 2022 (the “Agreement”) is made and entered
into this _____ day of ____________, 2025, by and between the CITY OF BOZEMAN,
MONTANA, a self governing municipal corporation organized and existing under its Charter and
the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing
address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Human
Resource Development Council of District IX (HRDC), hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Extension of Term. Section 2 of the Agreement is extended for an additional one (1) year
period. The Agreement shall terminate on June 30, 2026.
2. Updated Scope of Services: The attached scope of service will provide the price for
services breakdown to govern the extended term.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
427
Second Amendment to Professional Services Agreement for Community Housing Program FY 2025 – FY 2026 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA HRDC
By________________________________ By_____________________________
Chuck Winn, Interim City Manager Print Name: Heather Grenier
Title: President / CEO
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
428
Professional Services Agreement for Community Housing Program
Scope of Services July 1, 2024, to June 30, 2025
Pre-Purchase Counseling, Buyer Qualification, Marketing, and Record Keeping – $20,000
Pre-purchase counseling: HRDC's HUD-certified counselors will provide pre-purchase counseling
on an individual basis to all persons interested in becoming buyers qualified to purchase a home
using City and other related programs. HRDC's pre-purchase counseling will help potential buyers
better understand their specific home buyer readiness and identify any barriers to successful and
sustainable home ownership. HRDC will assist potential buyers with budgeting, credit, home
search, financing, low- interest loan and other subsidy programs, home care and maintenance,
purchase procedures, closing, RESPA, loan document review services, terms, and other necessary
aspects to purchasing a home. As part of the initial counseling session, HRDC will provide all
participants in the counseling session with HUD required materials and disclosures.
Buyer Qualification: During pre-purchase counseling, HRDC will evaluate potential buyers for
eligibility for possible down payment assistance and secondary lending opportunities which may
be available locally through the City of Bozeman's Community Housing Program and the HOME
Program Homebuyer Assistance Program in partnership with the Montana Department of
Commerce.
Qualified Home Buyer Pool: HRDC will maintain a pool of potential qualified home buyers for
income brackets as agreed upon with City staff upon review of potential projects. HRDC will notify
qualified potential buyers of new home ownership opportunities as they are made available and
work with developers of housing to help them understand the needs and resources of households
on the list. HRDC will also partner with developers and builders to develop affordable housing
plans for submittal to the City.
Mechanism Monitoring/Management for Long-term Affordability – $11,000
HomeKeeper System Management, Maintenance, and Data Sharing
HRDC will provide and maintain a license for HRDC and the City to use HomeKeeper software (or
such alternate software program City consents to in writing) to track applicant eligibility data,
and demographics. City's license to use the software must allow the City to access information
related to the home buyers, and other records HRDC is required by this Agreement to provide to
the City that are stored in the software program. HRDC represents and warrants it has the right
under its software license for the City's use of the software as described in this Agreement, and
City's use will not infringe on the rights of any third party.
Loan Origination/Deed Restriction/Lien Documents
HRDC will provide trained professionals to work with local real estate agents, lenders, and title
agents to ensure that the home purchase process requirements of below-market homes created
429
by developers in exchange for incentives offered by the City of Bozeman meet applicable program
requirements, including down payment assistance, is completed efficiently and in compliance
with program regulations. HRDC will provide services related to loan origination, deed restriction,
and lien documentation and recordation in accordance with City guidelines.
Monitoring and Compliance
HRDC will provide monitoring for and verify homeowner compliance with the ownership
requirements for homes produced under the previous AHO and under related affordable housing
plans provided by developers, including use as primary residence and occupancy requirements.
HRDC will request homeowners provide documentation proving compliance on an annual basis.
Deed Re-conveyance/Subsidy Recapture at Resale
Upon a recapture or re-conveyance event as described in the City's recorded lien documents,
HRDC will work closely with homeowners, lenders, realtors, and title agents to ensure that all the
terms of the loans are met and a payoff amount is calculated, collected, and understood by all
parties. Copies of the finalized documentation will be sent digitally to the City’s representative
for review. Funds obtained by HRDC in performing the recapture process will be transferred to
the City within 90 days of receipt by HRDC.
Community Development Director staff time (approximately 200 hours/year) – $9,000
HRDC’s Community Development Director (CDD) works closely with City staff to provide
additional capacity regarding affordable housing best practices and updated program guidance.
The CDD helps staff to respond to inquiries from developers of subsidized and market rate
housing, provides technical assistance to housing developers and non-profits, and assists citizens
seeking affordable housing resources with information and access to services. The CDD also
works to build a more sustainable community by focusing on the relationships between
affordable housing, economic and workforce development, and transportation systems within
the city. The CDD connects City staff to agency data relevant to creating and updating the City of
Bozeman Consolidated Plan.
Record Keeping and Reporting:
HRDC will provide the City with the following records and reports within the following
timeframes. HRDC may also make the records available to the City Representative in the
HomeKeeper or other tracking software it provides under this Agreement. Records and reporting
requirements may be adjusted by the City in writing.
1. Recapture documentation, including each recapture due, payment by the
homeowner, and transfer of the payment to the City – At time of Reconveyance
2. Reporting and invoices for services rendered – Annually
▪ Number of Home Buyer Education classes
▪ Number of participants in Home Buyer Education classes
▪ Number of pre-purchase counsels
430
▪ All other activities performed under PSA
3. Documents evidencing Owner Occupancy of Affordable Homes will be stored in
Homekeeper - Annually
Scope of Services Summary:
Pre-Purchase Counseling, Buyer Qualification, Marketing, and Record Keeping – $20,000
Mechanism Monitoring/Management for Long-term Affordability – $11,000
Community Development Director staff time (approximately 200 hours/year) – $9,000
TOTAL: $40,000
431
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Coordinator
David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Task Order 008 with Sanbell for Design
Services for a North 7th Avenue Pedestrian Crossing
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a task order 008 with Sanbell for design
services for a North 7th Avenue pedestrian crossing.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:Enhanced multimodal transportation is a pillar of the Midtown Urban
Renewal District Plan and the Midtown Urban Renewal District Action Plan.
In order to realize that vision, safe pedestrian connections must be built.
This task order represents project management, survey, mapping, and
design of a pedestrian crosswalk with a rectangular rapid flash beacon
(RRFB) on North 7th Avenue at Aspen Street by Sanbell.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the Commission.
FISCAL EFFECTS:Sanbell will bill monthly for its services on a lump sum basis of $29,600
which is available in the Midtown Urban Renewal Budget.
Attachments:
Task Order 008 Full.pdf
Report compiled on: January 6, 2025
432
City of Bozeman Urban Renewal District Term Contract
Task Order Number #008
PROJECT: North 7th Avenue Pedestrian Crossing
Issued under the authority of Urban Renewal District Term Contract Professional
Services Agreement with Sanbell – Rocky Mountain (formerly Sanderson Stewart) for
Architectural and Engineering Services.
This Task Order is dated ____________ between the City of Bozeman Economic
Development Department and Sanbell – Rocky Mountain (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: David Fine, Economic Development Department
Contractor: Danielle Scharf, Sanbell
SCOPE OF WORK: The scope for this task order is detailed in the attached proposed
scope of work.
COMPENSATION: Sanbell – Rocky Mountain will bill for its services on a lump sum of
$29,600. Sanbell shall submit invoices to the City of Bozeman for work accomplished
during each calendar month. Monthly invoices shall include, separately listed, any
charges for services for which time charges and/or unit costs shall apply. The provisions
of the Professional Services Agreement shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Sanbell – Rocky Mountain
Chuck Winn, Acting City Manager Danielle Scharf, Principal
433
City of Bozeman Economic Development Department
Scope of Work – Task Order No. 008
North 7th Avenue Pedestrian Crossing
12/24/2024
Sanbell is pleased to provide this scope of work for design of a pedestrian crossing
with a Rectangular Rapid Flash Beacon (RRFB) on North 7th Avenue at Aspen Street.
The pedestrian crossing will connect the 8th & Aspen Mixed-Use site to the Aspen
Festival Street. All design improvements are anticipated to be completed within the
existing North 7th Avenue and Aspen Street right-of-way. This work will be completed
as a part of the Economic Development Department Term Contract for Architectural
and Engineering Services. A detailed list of assumptions and scope of services for
the project are outlined below.
Scope of Work:
Phase 1 - Project Management & Coordination
This phase of the project includes general project management, coordination with
the Client, and monthly billing/invoicing.
Phase 2 - Survey & Mapping
A detailed topographic survey of the project intersection will be conducted using a
combination of GPS, LIDAR, total station, and drone aerial techniques. The
topographic survey will cover the anticipated area of improvements, generally
including the north leg of the North 7th Avenue and Aspen Street Intersection. We will
search for the two property corners immediately adjacent to the work area, but a full
boundary survey is not included.
Base drawings will be prepared in AutoCAD format following the completion of the
topographic survey, and additional pick-up topo will be conducted as needed
throughout the duration of the project. Public and private utilities will be located
prior to the survey via one-call for inclusion in the base drawings. No in-field
excavation of private (dry) utilities is contemplated in this scope of work. This phase
also includes traffic control needed for the completion of survey tasks.
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Task Order No. 008
December 24, 2024
Page 2
Phase 3 - Schematic Pedestrian Crossing Design
A schematic design of the proposed crossing improvements will be prepared for City
of Bozeman and MDT review prior to proceeding with the more detailed design.
Design schematics will include a new pedestrian crosswalk on the north leg of the
intersection, pedestrian ramps, closure of the existing southbound left-turn lane,
RRFB locations, and two alternatives with and without potential curb extensions on
the northwest and northeast corners of the intersection. We will not proceed to the
next phase of design until the preferred alternative is approved by both the City and
MDT.
Phase 4 - Preliminary Pedestrian Crossing Design
This phase consists of all preliminary design tasks associated with the pedestrian
crossing design. Subtasks under Phase 4 include the following:
· Pedestrian crossing design will include closure of the existing southbound
left-turn lane to provide a pedestrian median refuge area
· Prepare plans and details for signing and striping, sidewalks, crosswalks, and
ADA accessibility ramps.
· Prepare RRFB design plans
· Prepare special provisions and specification manual for bid documents
· Quality control review and prepare Preliminary PS&E submittal for review by
City of Bozeman and MDT
Phase 5 – Final Pedestrian Crossing Design
This phase consists of preparation of final plan drawings based on review comments
from City of Bozeman and MDT. Subtasks under Phase 5 include the following:
· Finalize pedestrian crossing design layout, plans and details for signing and
striping, sidewalks, crosswalks, and ADA accessibility ramps.
· Finalize RRFB design
· Finalize special provisions and specification manual for bid documents
· Finalize quality control review and prepare Final PS&E submittal for City of
Bozeman and MDT
· Coordinate with Northwestern Energy for electrical power service as needed
435
Task Order No. 008
December 24, 2024
Page 3
The following items are not expected to be needed for this project and are therefore
specifically excluded from this scope of work:
· Landscape restoration and irrigation plans (by special provision only)
· Material testing
· Construction staking
· Construction Administration/inspection
· Street lighting
· Traffic signal/intersection design
· Stormwater calculations and report
· Stormwater Pollution Prevention Plan (SWPPP) permit
· Right-of-way coordination
· Wetland permitting and mitigation
· Erosion control plans
Fees and Billing Arrangements:
Fee
Phase 1 – Project Management & Coordination $4,500
Phase 2 – Survey & Mapping $2,800
Phase 3 – Schematic Pedestrian Crossing Design $3,500
Phase 4 – Preliminary Pedestrian Crossing Design $10,600
Phase 5 – Final Pedestrian Crossing Design $8,200
Total Fee $29,600
Sanbell will bill for its services on a fixed fee basis for a total of $29,600.00 as
specified in the fee table above and attached detailed hourly breakdown. Sanbell
shall submit invoices to the Client for work accomplished during each calendar
month. The amount of each monthly invoice shall be determined on the “percentage
of completion method” whereby Sanbell will estimate the percentage of the total
work accomplished during the invoicing period.
Project Schedule:
The anticipated schedule for this project will be to submit the schematic design
within one month of notice to proceed and Preliminary PS&E submittal within two (2)
months of approval of preferred schematic design alternative by both City and MDT.
436
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitchell Overton, Director of Parks and Recreation
SUBJECT:Adopt a Resolution to Authorize Change Order Two for Highland
Construction for Glen Lake Rotary Park Parking Lot
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize Change Order Two for Highland Construction for Glen Lake Rotary
Park Parking Lot
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:Change order needed for additional seeding to cover area of disturbance at
Glen Lake Rotary Park parking lot project.
UNRESOLVED ISSUES:NA.
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Additional $2747.25 will be allocated to this project from budgeted amounts
appropriate for this scope of work.
Attachments:
GLRP_Change-Order-2_Resolution.docx
Glen Lake Rotary Park - Change Order No. 2_signed (1).pdf
Report compiled on: January 16, 2025
437
Version February 2023
RESOLUTION 2025-__
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO
AUTHORIZE CHANGE ORDER TWO WITH HIGHLAND CONSTRUCTION FOR GLEN LAKE ROTARY
PARK PARKING LOT
WHEREAS,the City Commission did, on April 1, 2024, authorize award of the bid for the
Glen Lake Rotary Park Parking Lot Phase 1 to Highland Construction Services, LLC; and
WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such
alterations for modification of the specifications and/or plans of the contract be make by
resolution; and
WHEREAS, it has become necessary in the prosecution of the work to make alterations or
modifications to the specifications and/or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that the proposed modifications and/or alterations to the contract between the City
of Bozeman, a municipal corporation, and Highland Construction Services, LLC, as contained in
Change Order No. 2, attached hereto, be and the same are hereby approved; and the City
Manager is hereby authorized and directed to execute the contract change order for and on
behalf of the City; and the City Clerk is authorized and directed to attest such signature.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the _____ day of ___________________, 20____.
___________________________________
TERRY CUNNINGHAM
Mayor
438
Version February 2023
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
439
Change Order No. 2PROJECT:Glen Lake Rotary ParkDATE OF ISSUANCE:December 27, 2024Phase 1 - Site PlanOWNER:City of Bozeman Parks & RecOWNER PROJ. NO.600 Bridger DriveBozeman, MT 59715CONTRACTOR:Highland Construction ServicesENGINEER:7400 Thorpe RoadBelgrade, MT 59714ENGINEER PROJ. NO.17055.02CONTRACT FOR:You are directed to make the following changes in th e Contract Documents.
Purpose of Change Order:
Explanation of Items:See page two for explanationAttachments:CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:Original Contract Price Original Contract Time$439,092.50 90days or date
Previous Change Order No. 1 Net change from previous Change Orders$13,835.00 0days
Contract Price prior to this Change Order Contract Ti me prior to this Change Order$452,927.50 90days or date
Net INCREASE of this Change Order Net INCREASE of thi s Change Order$2,747.250days Contract Price with all approved Change Orders Contract Time with all approved Change Orders$455,674.75 90days or dateRECOMMENDED: ACCEPTED:by: ________________________________________by: ______________________________________________ SanbellDate Highland Construction Services DateAPPROVED:by: ________________________________________ City of BozemanDateSanbell (formerly Sanderson Stewart)To install Phase I Park Improvements in Glen Lake Rotary Park in Bozeman, MT.To provide additional hydroseedingN/APage 1 of 212/27/24 1/2/2025
440
Change Order No. 2PROJECT:Glen Lake Rotary ParkDATE OF ISSUANCE:December 27, 2024Phase 1 - Site PlanBid Quantity Dollar AmountItem DescriptionUnit Price Increase / Decrease Increase / DecreaseCO2-1 SF $0.45 6105.00 2,747.25$ -$ TOTAL NET INCREASE2,747.25$ Item No. CO2-1CHANGE ORDER NO. ONEEXPLANATION OF ITEMSHydroseeding was included Work Change Directive No. 1 , but additional area is needed due to a larger than anticipated area of disturbance.
HydroseedingPage 2 of 2441
Memorandum
REPORT TO:City Commission
FROM:Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Snow Plowing Odd-Even Parking Pilot Program
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Receive briefing from the Director of Transportation & Engineering on the
city's upcoming Snow Plowing Odd-Even Parking Pilot Program.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The needs and expectations of the people of Bozeman have changed, and
with them shall we.
In response to heavy public interest following recent snow events, the
Department of Transportation & Engineering, in conjunction with the Streets
Division, Parking Enforcement, and Communications, is excited to propose a
Snow Plowing Odd-Even Parking Management Pilot Program for local streets
located across downtown neighborhoods south of Main Street for the
months of February through April 2025.
The city has historically set level of service for local street snow plowing
based on an expectation that each street receive plowing through use of
motor graders equipped with snow gates once per week when accumulation
exceeds 4". Streets Division budgets are then set for staffing, equipment,
and fuel based on these expectations.
Production rates for local street plowing are drastically affected by presence
of on-street parking. Staff must have clear access to the curb so that snow
can be stored in the boulevard snow storage area between curb and
sidewalk. Residents are currently asked to relocate all cars off the street on
their respective day of plowing, however, staff have recognized a significant
reduction in this compliance and severe increases in time to complete their
work. This leads to decreased service and a requirement to increase budgets
for staff, equipment, and fuel if production rates cannot be increased.
The proposed odd-even pilot program will adjust the standard for total
removal of street parking by allowing vehicles to be parked on the side of
the street with odd-numbered homes the 1st and 3rd week of the month
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followed by allowing cars to be parked on the side of the street with even-
numbered homes the 2nd and 4th week of the month. This will allow the
Streets Division clear access to at least one side of the street on each day of
grading while retaining parking capacity for those unable to relocate their
vehicles off the street. The day of week for each area in the city will remain
the same; for neighborhoods in the downtown area south of Main Street for
which the pilot program is proposed, this will be Tuesday.
Affected neighborhoods in the pilot program will be notified through a
digital campaign along with direct mailings and door hangers. Parking
Enforcement Officers will issue warnings to reinforce the proposed change
but will not assess fees for non-compliance through the pilot program
period.
Staff will evaluate effectiveness of the program based on parking compliance
and speed at which plowing is completed. If found to be effective, staff
proposes to expand this regulation citywide for the 2025-2026 snow year.
UNRESOLVED ISSUES:None
ALTERNATIVES:As Suggested by the Commission
FISCAL EFFECTS:Minor costs for communications will be covered under the approved FY25
Budget.
Report compiled on: January 16, 2025
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Memorandum
REPORT TO:City Commission
FROM:
Susana Montana, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Director of Community Development
Renata Munfrada, Housing Division Manager
David Fine, Economic Development Urban Renewal Manager
Britt Fontenot, Economic Development Department Director
SUBJECT:
Ordinance 2025-### to Repeal and Replace Division 38.380 of the Bozeman
Municipal Code in Support of Affordable Housing Production
MEETING DATE:January 28, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:
Consider the Motion: Having reviewed and considered the staff report, draft
ordinance, public comment, Economic Vitality Board and Planning
Commission recommendations, and all information presented, I hereby adopt
the findings presented in the staff report for application 24529 and move to
approve the proposed Affordable Housing Ordinance 2025, as reflected in the
staff report.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:
On August 20, 2024, the City Commission held a work session to consider
amendments to the Bozeman Municipal Code (BMC) affordable housing
program and its incentives to produce affordable housing. The City
Commission directed staff to amend existing non-cash financial incentives
for the production of below-market affordable dwelling units to respond to
current market forces and to ensure affordability of targeted dwellings for
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fifty (50) years rather than 30 years.
The ordinance, if adopted as proposed, is expected to induce developers to
incorporate below-market-rate dwellings within their market-rate housing or
mixed-use development in the city. For more information see the Executive
Summary and Appendix A in the attached staff report. The amendment
applies to new subdivision, master site plan and site plan applications and to
applications undergoing development review under Chapter 38 of the City’s
Unified Development Code (UDC).
Project documents are available at this direct link to the public Laserfiche
folder for application 24529 with direct links to individual documents
provided below:
A draft of the replacement Affordable Housing Ordinance contains the
proposed language for the Chapter 38 amendments.
Additional materials are also available on the City’s Affordable Housing
Dashboard
UNRESOLVED ISSUES:
Policy Issue: Whether the flexibility allowed by the citywide incentives of
the revised 2025 Affordable Housing Ordinance (AHO) are too broad to be
assured that utilizing the parking and height incentives on “in-fill” projects,
in particular, would result in a project that may not be in “character” with
the existing neighborhood or may have negative impacts on the site
environs. Is this impact an acceptable exchange for the public benefit of
providing long-term (50 years) affordable housing units within that
development?
ALTERNATIVES:See attached staff report.
FISCAL EFFECTS:None at this time.
Attachments:
Affordable Housing Ordinance DRAFT for 01 28 25 CC mtg.pdf
24529 AHO update CC Staff Report 01 22 25.pdf
Report compiled on: January 21, 2025
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Ord 2025-###
Page 1 of 23
ORDINANCE 2025-###
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO REPEAL AND REPLACE DIVISION 38.380 OF THE BOZEMAN
MUNICIPAL CODE FOR AFFORDABLE HOUSING; ESTABLISH A 50 YEAR
AFFORDABILITY PERIOD; AMEND SECTION 38.540.050.A.1.B.(1) FOR PARKING
STANDARDS; AMEND 38.700.170 DEFINITIONS TO AMEND THE DEFINITION OF
AFFORDABLE HOME, REPEAL THE DEFINITION OF AFFORDABLE HOUSING,
AND REPEAL THE DEFINITION OF YIELD STREET.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards
to protect public health, safety and welfare and otherwise execute the purposes of Montana Code
Annotated §§ 76-1-102, 76-2-304, and 76-3-102; and
WHEREAS, the Economic Vitality Board held a public meeting on December 4, 2024, and, by a
unanimous vote of 6 to 0, recommended to the Bozeman City Commission that the policy
modifications included in the staff memorandum for the proposed amendments to the affordable
housing ordinance be approved with the provisions that: (a) Incentive Types B and C have
minimum parking requirements; and (b) that the 60 percent Area Median Income (AMI) affordable
rental rates be reviewed every three years and be established based on the current AMI and other
relevant metrics and housing needs data; and
WHEREAS, after proper notice, the Community Development Board, acting in their role as the
City’s zoning commission, held a public hearing on January 13, 2025, to consider the proposed
amendments and made a recommendation to the City Commission that the amendments included
in this ordinance be approved; and
WHEREAS, after proper notice, the City Commission held its public hearing on January 28, 2025,
to receive and review all written and oral testimony on the proposed amendment to the zoning
regulations; and
WHEREAS, the City Commission has reviewed and considered the recommendations of advisory
bodies, including the zoning commission, public comment, the staff report, all information
presented, and all applicable zoning text amendment criteria established in Montana Code
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Annotated § 76-2-304 and finds the proposed amendments are [insert determination whether
consistent with] the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City’s 2018 Strategic Plan affirms that affordable housing is one of the city’s main
strategic goals, stating in Goal 4.5: “Housing and Transportation Choices – Vigorously
encourage, through a wide variety of actions, the development of sustainable and lasting
housing options for underserved individuals and families and improve mobility options that
accommodate all travel modes.”
2. The City’s 2019 Community Housing Needs Assessment finds additional housing, and more
diversity in housing, is needed at prices residents can afford. The Needs Assessment also
determined the city needs housing that provides choices, supports the ability to move to new
locations as life circumstances change, and the ability for employers to fill jobs, recruit and
retain employees.
3. The Bozeman Community Plan 2020 acknowledges that zoning and land use regulations are
processes that influence the cost of housing. The Community Plan supports housing regulations
that allow for a range of housing types intermixed in a given neighborhood, denser
development, and efficiencies of various types that can help reduce housing costs.
4. The Bozeman Community Plan 2020 establishes goals, objectives and policies to increase the
supply of affordable housing in the city including: Goal N-3, Policy N-3.3, which encourages
the “distribution of affordable housing units throughout the city with priority given to locations
near commercial, recreational and transit assets;” Policy N-3.8, which encourages the City to
“promote the development of “Missing Middle” (side by side or stacked duplex, triplex, live-
work, cottage housing, group living, rowhouses/townhouses, etc.) as one of the most critical
components of affordable housing;” Policy M-1.12, which seeks to “eliminate parking
minimum requirements in commercial districts and affordable housing areas and reduce
parking minimums elsewhere, acknowledging that demand for parking will still result in new
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supply being built;” and Policy EE-1.4, which seeks to “support employee retention and
attraction efforts by encouraging continued development of affordable housing in close
proximity to large employers.”
5. The Bozeman Community Plan 2020 encourages compact, contiguous development and infill
development to achieve efficient use of land and infrastructure and reduce urban sprawl.
6. The 2020 Community Housing Action Plan defines community housing as: “homes those who
live and work in Bozeman can afford to purchase or rent. This includes apartments,
townhomes, condominiums, emergency shelters, accessory dwelling units, mobile homes and
single dwelling homes – all dwelling types – serving the entire spectrum of housing needs.”
7. The 2024-2028 Community Development Block Grant (CDBG) Consolidated Housing Plan
reinforced the issues identified in the 2019 Community Housing Needs Assessment, including
increasing and preserving affordable rental opportunities as a top need in the community.
8. The Consolidated Housing Plan found that, in 2020, the rental vacancy rate was two percentage
points below what is considered healthy for a market with adequate supply, underscoring the
tightness in Bozeman’s rental market. Nearly 5,300 renters in Bozeman are cost-burdened and
1,880 homeowners are cost-burdened.
9. The City of Bozeman 2024-2028 Fair Housing Plan found that land development regulations
that increase development costs make residential development overly expensive and can limit
the supply of affordable housing. In some communities, this has a direct impact on racial and
ethnic minorities, larger households and families with children, and persons living with
disabilities because these groups are disproportionately represented among those residing in
lower cost housing. Limits or prohibitions on multifamily housing or restrictions on household
occupancy are examples of how land development codes can negatively affect the groups
protected under the Fair Housing Act.
10. According to the 2024 Point-in-Time (PIT) Count, 409 individuals are experiencing homeless
in Bozeman, which equals 20% of all residents experiencing homelessness in the State of
Montana. Homelessness is increasingly related to rapidly rising rental housing costs relative to
incomes, limited and low production of affordable housing units, and limited resources to serve
low-income households.
11. The City has, through multiple iterations of its land use regulations spanning decades, made
revisions to its development standards to support production of housing including: reducing
land area per dwelling requirements, authorizing accessory dwellings in all residential zoning
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districts, authorizing mixed-use buildings and apartment buildings in the majority of non-
residential districts, reducing parking requirements, capping dedication of parkland, zoning the
majority of residential areas for multiple dwelling buildings, limiting short term rentals to
prevent diversion of units from the housing stock, increasing building heights in all residential
districts, simplifying review processes, providing for concurrent construction of infrastructure
and housing, and creating by-right approvals for regulatory compliant developments, among
other actions.
12. The City facilitates housing development by undertaking comprehensive planning for land use,
facilities, and services necessary to support housing development, and by establishing a capital
improvement program to support timely installation of infrastructure which reduces delays in
the ability to plat subdivisions and complete other development.
13. In 2021, the Montana State Legislature prohibited the City from adopting regulations that
require housing fees or the dedication of real property for the purposes of providing housing
for specified income levels or sale prices. As a result of the passage of HB 259, in 2022, the
City adopted Ordinance 2105 to replace prior affordable housing requirements by offering
incentives to property owners and developers willing to construct housing at levels of
affordability consistent with the housing needs and goals identified in the Community Plan,
the Community Housing Needs Assessment, and the Community Housing Action Plan.
14. According to the 2023 Bozeman Economic and Market Update, the increase in housing prices
has significant implications for affordability, workforce attraction and retention, and quality of
life.
15. Insufficient affordable housing supply within the city negatively impacts economic vitality,
transportation networks, and sustainability. Affordable housing needs must be addressed to
maintain a sufficient resident workforce in all fields of employment, and to ensure public safety
and general welfare of city residents. According to the 2023 Bozeman Economic and Market
Update, 7,400 households are at or below 60% of the area median income yet Bozeman only
currently has 1,517 units of income restricted housing.
16. This Ordinance aims to create more housing options across the spectrum of need, more
innovative and diverse development projects, dynamic and resilient neighborhoods, and to
improve land use and public infrastructure efficiency.
17. This Ordinance is adopted pursuant to City’s self-governing powers, the city’s zoning
authority, and the City’s police power to protect public health, safety, and general welfare. The
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incentives codified in this Ordinance will advance the City’s efforts to provide more housing
diversity at prices that residents can afford.
18. The staff report accompanying this Ordinance found the required criteria for a zoning code text
amendment are satisfied, including that the Ordinance substantially complies with the 2020
Community Plan.
19. The City Commission determines the incentives provided in this Ordinance are compatible and
consistent with all other provisions of Chapter 38 of the Bozeman Municipal Code.
20. The City Commission further determines the housing developed through the use of the
incentives of this Ordinance will be compatible with existing and future uses and development
in the City.
21. The required public hearings were advertised more extensively than required in state law and
municipal code by publication in the Bozeman Daily Chronicle and the City of Bozeman’s
Engage Bozeman website, and all persons had the opportunity to review the applicable
materials and provide comment prior to a final decision.
22. The Bozeman Community Development Board acting as the City’s zoning commission
conducted its public hearing according to state law and, after considering application materials,
staff report, Economic Vitality Board comments, and all submitted public comments,
recommended to the City Commission that this ordinance be approved as presented, as
documented in the recording of their January 13, 2025 public hearing.
23. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide comment regarding this ordinance prior to the City Commission acting
on the application.
24. The City Commission considered the application materials, staff analysis and report, zoning
commission recommendation, all submitted public comment, and all other relevant
information.
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Section 2
That Division 38.380 (Affordable Housing) of the Bozeman Municipal Code is repealed in its
entirety and replaced to read as follows:
“Division 38.380. - Affordable Rental Housing
Sec. 38.380.010. - Purpose
A. The purpose of this division is to promote the public health, safety, and welfare by
incentivizing increased production of affordable rental housing to meet the needs of city
residents and businesses and the goals of the adopted growth policy and the community
housing action plan and to maintain the affordability of housing.
B. The purpose of this division is also to provide regulatory incentives to ensure housing
affordability in new development and redevelopment. The incentives in this division
require affordable rental rates and provide for an increase in the amount of affordable
housing provided as a landowner increases the use of the incentives. The greater the
incentives being requested the greater the affordability required.
Sec. 38.380.020. - Applicability and Affordability Requirements
A. The incentives in this 38.380 division 38.380 take the place of and supersede the applicable
standards regualtions regulations of this chapter where a regulation of this chapter directly
addresses the same subject otherwise provided in this chapter. All other provisions
regulations of this 38.380 chapter 38 remain applicable including without limitation all
processes, development standards, and definitions. The city retains the authority to
approve, approve with conditions, or deny an application based on compliance with other
regulations of this code but may not attach conditions to an approval that have the effect
of negating the incentives provided in this division. The incentives in this division are in
addition to the departures for housing creation provided in 38.320.070.
B. The incentives in 38.380.040 may be approved in conjunction with a preliminary plat,
master site plan, or site plan, that:
1. Contains or will contain dwellings that will be offered for rent or lease; and
2. Provides at least the minimum percentages of affordable dwellings in the
development at rental rates affordable at no more than the maximum percentages
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of the area median income (AMI) established in Tables 38.380.020-1, 2, and 3 of
this division.
C. Tables 38.380.020-1, 2, and 3 provide the required percentage of affordable dwellings, the
affordability thresholds, and the duration of the affordability period for the types of housing
to be constructed in a development in reliance on incentives:
Table 38.380.020-1
Affordable Dwellings Required with Type A Incentives
Type of Housing Minimum Percentage
of Dwellings
Maximum AMI
Percentage for
Rentals
Duration of
Affordability Period
Single-Household
Detached Dwelling
≥ 5% of Dwellings 80% of AMI ≥ 50 Years
Single-Household
Attached Dwelling
(Rowhouses and
Townhouses)
≥ 5% of Dwellings 80% of AMI ≥ 50 Years
Multi-Household
Dwelling
≥ 5% of Dwellings at
or
≥ 8% of Dwellings at
60% of AMI or
80% of AMI
≥ 50 Years
Table 38.380.020-2
Affordable Dwellings Required with Type B or C Incentives
Type of Housing Minimum Percentage
of Dwellings
Maximum AMI
Percentage for
Rentals
Duration of
Affordability Period
Single-Household
Detached Dwelling
≥ 50% of Dwellings 80% of AMI ≥ 50 Years
Single-Household
Attached Dwelling
(Rowhouses and
Townhouses)
≥ 50% of Dwellings 80% of AMI ≥ 50 Years
Multi-Household
Dwelling
≥ 50% of Dwellings 60% of AMI ≥ 50 Years
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D. Each affordable dwelling must be maintained as affordable pursuant to the adopted
affordable housing plan and the compliance document required pursuant to 38.380.030 for
no less than fifty (50) years. The affordability period begins to run at the issuance of a
certificate of occupancy for each building wherein affordable dwellings are provided. For
subdivisions that rely on an incentive, the affordability period does not begin at the time
final plat is recorded; rather, the affordability period for each affordable dwelling begins at
the time each affordable dwelling in the subdivision receives a certificate of occupancy.
E. For the entire affordability period, except for adjustments as may be authorized pursuant
to 38.380.070.A, an affordable dwelling must be rented only to persons whose household
income is verified to not exceed the applicable AMI thresholds.
F. An applicant may provide all or a portion of the required affordable dwellings on a site
other than the site or parcel where the incentives are applied only if the affordable dwellings
will be provided in the same development.
G. Accessory Dwelling Units (ADU), short term rentals, and group living are not eligible to
be used as affordable dwellings and cannot be considered as qualifying affordable
dwellings.
H. The following applies to previously approved annexations, subdivisions, or site plans that
request to provide affordable dwellings in exchange for incentives as provided in this
division:
1. A previously annexed but undeveloped parcel of land, a subdivision that has
received final plat, or an approved site plan that received final approval prior to
[insert effective date of enabling ordinance] and that has not previously received
an incentive in return for commitments to provide affordable housing, may apply
for the incentives in this division. The application for the previously undeveloped
parcel must comply with the standards and procedures of this division.
2. Only the portion of the amended plat or site plan application, including associated
code standards and conditions of approval, pertaining to the request for approval of
one or more incentives will be subject to amended plat or site plan review.
I. Assumptions and Calculations.
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1. All references to area median income (AMI) are to the most recent AMI values for
the city established by the U.S. Department of Housing and Urban Development
(HUD). As HUD publishes updated AMI values, the values are immediately
effective without further action by the city. The city may establish administrative
rules and procedures for application and implementation of AMI in calculating
maximum rental rates.
2. The maximum rental rates of an affordable dwelling are based on the AMI of a
household and corresponding number of bedrooms within each affordable
dwelling. The following establishes the maximum rental rate of each bedroom type
based on the correlation between the number of bedrooms with the corresponding
area median household income:
a. Efficiency unit: AMI for a one-person household;
b. One-bedroom dwelling: AMI for a two-person household;
c. Two-bedroom dwelling: AMI for a three-person household; and
d. Three-bedroom unit or larger: AMI for a four-person household.
3. If the calculation of the required number of affordable dwellings results in a fraction
of an affordable dwelling, the developer must construct affordable dwellings equal
to the next lower integer and either provide a cash-in-lieu payment for the additional
fractional amount or construct an additional affordable dwelling.
4. Income averaging of the rental rates for affordable dwellings is allowed. Income
averaging allows an applicant to establish affordable dwelling rental rates so the
average rental rate for all affordable dwellings in a development meets the required
AMI level. The city may establish administrative rules and procedures to
implement income averaging. As an alternative, the applicant may use an income
averaging procedure adopted by the Montana Board of Housing or the U.S.
Department of Housing and Urban Development (HUD).
Sec. 38.380.030. - Affordable Housing Plan Required
A. For a development authorized pursuant to 38.380.020.B to request incentives under this
division the applicant must submit an affordable housing plan at the time of submittal of
the application for preliminary plat, master site plan, or site plan. The affordable housing
plan, upon approval of the development, controls the rental rates and occupancy by income
verified persons of all affordable dwellings within the development for the entire
affordability period.
B. A subdivision preliminary plat, master site plan, or site plan that requests incentives may
not receive approval for the development until the affordable housing plan has been
approved.
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C. The affordable housing plan may shall be approved if the plan is in compliance with the
standards and criteria in this division, including but not limited to the standards in
38.380.020 and any administrative procedures related to this division.
D. An approved affordable housing plan binds the applicant and the applicant's successors in
interest to comply with the plan for the duration of the affordability period. The approved
affordable housing plan must be incorporated into a recorded restrictive covenant, deed
restriction, or other document (referred to as the compliance document) acceptable to the
city attorney, which implements the affordable housing plan. The compliance document
must be recorded in the records of the Gallatin County Clerk and Recorder as follows:
1. For subdivisions where the incentives were requested and approved as part of the
preliminary plat, the compliance document must be recorded with the final plat;
and
2. For site plans, unless a compliance document was recorded with the subdivision,
the compliance document must be recorded prior to the issuance of a building
permit. The affordability period begins on the date of issuance of a certificate of
occupancy.
E. Contents of an Affordable Housing Plan.
1. A description of the requested incentives in 38.380.040.
2. The applicable AMI and maximum rental rates applicable to each affordable
dwelling.
3. The total number of affordable dwellings, and market-rate dwellings in the
development.
4. A narrative describing how the applicant will ensure the rental of the affordable
dwellings is only to income verified people for the duration of the affordability
period. In addition, the narrative must describe the management system the
applicant will use to meet the above requirement.
5. A description of how each affordable dwelling will comply with the development
standards of this division.
6. A description of common amenities or facilities the applicant will provide and how
the applicant will ensure the occupants of the affordable dwellings will have the
same access to such amenities or facilities.
7. A description of how each incentive will apply to each building within the
development, regardless of whether the building contains affordable dwellings or
market rate dwellings or both.
8. The number of bedrooms in each dwelling in the development.
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9. Clearly identify on the preliminary site plan or preliminary plat the specific location
of each affordable dwelling.
10. Information sufficient to determine the timing of construction and distribution of
affordable dwellings and market-rate dwellings throughout the development.
11. If the development is to be constructed in phases, provide a description of how the
affordable dwellings will be distributed among the phases including whether the
applicant proposes to have any subsequent phase of market rate dwellings rely on
affordable dwellings provided with earlier phases.
12. Any other information the review authority determines necessary to evaluate the
compliance of the affordable housing plan with the requirements of this division.
Sec. 38.380.040. - Incentives.
A. The number of affordable dwellings must meet or exceed the minimum standards set forth
in section 38.380.020 needed to qualify for the applicable incentive. Any incentive not
requested in the affordable housing plan in 38.380.030 is waived.
B. Incentives may be applied to dwellings:
1. In a residential-only development; or
2. In a mixed-use development. If the mixed-use development contains a mix of
residential and nonresidential primary uses, the incentives in this section are only
available if 50 percent or more of the gross floor area of the development contains
residential uses.
C. Type A Incentives (Table 38.380.020-1). The applicant may apply the incentives in this
subsection as follows:
1. For single-household detached dwellings, a minimum lot size of 3,000 square feet.
Alternatively, if the applicant demonstrates that all other applicable city regulations
related to lot development, access, and utilities can be met, a minimum lot size of
2,500 square feet is allowed.
2. For single-household attached dwellings (townhouse or rowhouse):
a. A minimum lot size of 2,200 square feet. Alternatively, if the applicant
demonstrates that all other applicable city regulations related to lot
development, access, and utilities can be met, a minimum lot size of 1,800
square feet is allowable.
b. No minimum lot width, maximum lot coverage, or maximum floor area
ratio requirement if the applicant demonstrates that all other applicable city
regulations related to lot development, access, and utilities can be met.
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c. A townhouse or rowhouse development that includes only dwellings of
1,200 square feet or less of livable square footage is exempt from a
minimum on-site parking requirement but may provide one parking space
located within a driveway area in the required front setback, provided that
the building in which the dwellings are located is three or fewer stories in
height.
d. In addition to the above incentives, a townhouse or rowhouse cluster with
four or fewer attached homes that includes only dwellings of 1,200 livable
square feet or less in size is exempt from the following:
i. Minimum lot size;
ii. Lot coverage;
iii. Floor area ratio;
iv. Lot area per dwelling unit density standard;
v. Lot width; and
vi. Minimum parking requirement.
e. For affordable housing developments in R-3, nine (9) additional feet of
height, provided that if the development is adjacent to a lower intensity
residential zoning district, the transition height setback provisions of
38.320.060.B apply.
f. For affordable housing developments in R-4, five (5) additional feet of
height, provided that if the development is adjacent to a lower intensity
residential zoning district, the transition height setback provisions of
38.320.060.B apply.
3. For multi-household dwellings and mixed-use buildings:
a. In all zoning districts:
i. The residential off-site parking standards of 38.540.070.A may be
expanded up to 1,000 linear feet from the commonly used entrance
to the residential building.
ii. Up to 80% of the residential open space requirements of 38.520.060
may be met by providing private balconies provided every affordable
dwelling is provided a balcony and access to a ground floor common
open space is provided for all residents.
b. For affordable housing developments in the RS, R-1, R-2, R-3, RMH, R-
4, R-5, R-O, NEHMU, and B-1 districts, one additional story of height
(maximum 15 feet per story), provided that if the development abuts a
lower intensity residential district, the transition height setback provisions
of 38.320.060.B apply.
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c. For affordable housing developments in the UMU, REMU, B-2, B-2M,
and B-3 districts, two additional stories of height (maximum 15 feet per
story), provided that if the development is adjacent to a lower intensity
residential zoning district, the transition height setback provisions of
38.320.060.B apply.
d. Minimum motor vehicle parking requirement of one space per dwelling for
all districts other than B-3; however, the bicycle parking standards and
requirements of 38.540.050 remain applicable.
e. Minimum motor vehicle parking requirement of 0.75 space per dwelling
for B-3 district; however, the bicycle parking standards and requirements
of 38.540.050 remain applicable.
f. For affordable housing developments in R-3, R-4, R-5, R-O and RMH, the
minimum area per dwelling standards in Table 38.320.030.A do not apply.
g. For the M-1 zoning district:
i. An apartment building in an M-1 zoning district is a principal use and
the prohibition on locating residential uses on the ground floor of an
apartment building in M-1 zone in Table 38310.040.C does not
apply.
ii. In determining the maximum allowable residential square footage of
a development in M-1, Table 38.310.040.C fn6 is calculated for the
development as a whole rather than per individual buildings.
D. Type B Incentives (Table 38.380.020-2). If the applicant proposes to construct affordable
dwellings that meet the standards in Table 38.380.020-2 in the same development as
market-rate dwellings, the applicant may apply all of the following incentives to all
buildings in the development in which 50 percent or more of the livable floor area contains
residential uses:
1. For single-household detached dwellings:
a. A minimum lot size of 2,000 square feet. Alternatively, if the applicant
demonstrates that all other applicable city regulations related to lot
development, access, and utilities can be met, a minimum lot size of 1,600
square feet is allowed.
b. Off-street parking requirement of one space per dwelling.
2. For single-household attached dwellings (townhouses and rowhouses):
a. A minimum lot size of 1,600 square feet. Alternatively, if the applicant
demonstrates that all other applicable city regulations related to lot
development, access, and utilities can be met, a minimum lot size of 1,400
square feet is allowed.
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b. No minimum lot width requirement if the applicant demonstrates that all
applicable city regulations related to lot development, access, and utilities
can be met.
c. Off-street parking requirement of one space per dwelling. A townhouse or
rowhouse development that includes only dwellings of 1,200 livable square
feet or less of livable square footage is exempt from a minimum on-site
parking requirement, but may provide one parking space located within a
driveway area in the required front setback, provided that the building in
which the dwellings are located is three or fewer stories in height.
d. For affordable housing developments in R-3, nine (9) additional feet of
height, provided that if the development is adjacent to a lower intensity
residential zoning district, the transition height setback provisions of
38.320.060.B apply.
e. For affordable housing developments in R-4, five (5) additional feet of
height, provided that if the development is adjacent to a lower intensity
residential zoning district, the transition height setback provisions of
38.320.060.B apply.
3. For multi-household dwellings and mixed-use buildings:
a. When incentives are requested, the building height of any building in the
development is limited to that permitted in the zoning district or four stories,
whichever is less and the maximum number of dwellings in a single
building is limited to that permitted in the zoning district or 36 dwellings,
whichever is less.
b. ADA parking spaces must be provided in accordance with applicable
building codes.
c. In addition to the ADA parking required, a minimum of .25 vehicle parking
spaces per dwelling are required. One short-term parking space located at
the main building entrance must be provided and identified as a loading
zone.
d. Bicycle parking standards and requirements of 38.540.050 apply. The
number of secure bicycle racks provided must exceed or be equal to 50
percent of the number of dwellings within the development.
e. For multi-household dwellings and mixed-use buildings in all zoning
districts the minimum lot area per dwelling does not apply.
f. For the M-1 zoning district:
i. An apartment building in an M-1 zoning district is a principal use and
the prohibition on locating residential uses on the ground floor of an
apartment building in M-1 zone in Table 38310.040.C does not apply.
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ii. In determining the maximum allowable residential square footage of
a development in M-1, Table 38.310.040.C fn6 is calculated for the
development as a whole rather than per individual buildings.
E. Type C Incentives (Table 38.380.020-2). If the applicant proposes to construct affordable
dwellings that meet the standards in Table 38.380.020-2 in the same development as
market-rate dwellings, the applicant may apply the following incentives to all buildings in
the development in which 50 percent or more of the livable floor area contains residential
uses:
1. For single-household detached dwellings:
a. A minimum lot size of 2,000 square feet. Alternatively, if the applicant
demonstrates that all other applicable city regulations related to lot
development, access, and utilities can be met, a minimum lot size of 1,600
square feet is allowed.
b. Off-street parking requirement of one space per dwelling.
2. For single-household attached dwellings (townhouses and rowhouses):
a. A development that proposes a single grouping of two townhouses or
rowhouses is a principal use in the R-1, RS, and RMH zoning districts.
b. A minimum lot size of 1,600 square feet. Alternatively, if the applicant
demonstrates that all other applicable city regulations related to lot
development, access, and utilities can be met, a minimum lot size of 1,400
square feet is allowed.
c. No minimum lot width requirement if the applicant demonstrates that all
applicable city regulations related to lot development, access, and utilities
can be met.
d. Off-street parking requirement of one space per dwelling. A townhouse or
rowhouse development that includes only dwellings of 1,200 square feet or
less of livable square footage is exempt from minimum on-site parking
requirements, but may provide one parking space located within a driveway
area in the required front setback, provided that the building in which the
dwellings are located is three or fewer stories in height.
3. For multi-household dwellings other than those in paragraph 2 above and mixed-
use buildings:
a. One additional story of height (maximum 15 feet per story) beyond that
allowed in the RS, R-1, R-2, R-3, or RMH zoning district.
b. Two additional stories of height (maximum 15 feet per story) beyond that
allowed in the R-4, R-5, R-O and B-1 zoning districts, provided that where
any building in the development which utilizes building height incentives
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abuts a lower intensity residential zoning district, the transition height
setback provisions of 38.320.060.B apply.
c. Four additional stories of height (maximum 15 feet per story) beyond that
allowed in the UMU, REMU, B-2, B-2M, and B-3 zoning districts provided
that where any building in the development which utilizes building height
incentives abuts a lower intensity residential zoning district, the transition
height setback provisions of 38.320.060.B apply.
d. ADA parking spaces must be provided in accordance with applicable
building codes.
e. In addition to ADA parking spaces, a minimum vehicle parking requirement
of 0.5 space per dwelling is required. One short-term parking space located
at the building entrance must be provided and identified as a loading zone.
f. Bicycle parking standards and requirements of 38.540.050 apply. The
number of bicycle racks provided must exceed or be equal to 50 percent of
the number of dwellings within the development.
g. For multi-household dwellings and mixed-use buildings in all zoning
districts the minimum lot area per dwelling does not apply.
h. For the M-1 zoning district:
i. An apartment building in an M-1 zoning district is a principal use and
the prohibition on locating residential uses on the ground floor of an
apartment building in M-1 zone in Table 38310.040.C does not apply.
ii. In determining the maximum allowable residential square footage of
a development in M-1, Table 38.310.040.C fn6 is calculated for the
development as a whole rather than per individual buildings.
Sec. 38.380.050. - Development Standards for Affordable Dwellings
A. The affordable dwellings must be constructed with the same features, such as appliances,
as market-rate dwellings within the same development but the quality of the features may
vary between market rate and the affordable dwellings.
B. The mix of bedrooms per unit in affordable dwellings must be as similar as possible to the
mix of bedrooms per unit of the market-rate dwellings in the development.
C. A one-bedroom dwelling must include a bedroom separated from other living areas of the
dwelling by a solid door. For the purposes of this division, a one-bedroom dwelling must
be greater than or equal to 450 square feet of floor area.
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D. Access to shared amenities, other than parking, by residents of the affordable dwellings
must be the same as those in market-rate dwellings in the development and the cost of any
such amenity must be included in the required affordable rental rate.
E. All the affordable dwellings required to be developed pursuant to this division must be
completed and a certificate of occupancy issued prior to or at the same time as the market-
rate dwellings. The timing of construction and distribution of affordable dwellings
throughout a development must be approved in the affordable housing plan.
F. For multiple-phase developments or developments with more than one building:
1. All affordable dwellings must be constructed prior to the issuance of a building
permit for a building that consists exclusively of market-rate dwellings or at the
same time as market-rate dwellings that use the incentives of this division. In
addition to 38.380.050.E, an applicant may be issued a certificate of occupancy for
market rate dwellings in buildings that do not contain affordable dwellings only if
the market rate dwellings are issued a certificate of occupancy at the same time or
after certificates of occupancy are issued for affordable dwellings and only for
market rate dwellings in proportion to the number of affordable dwellings.
constructed prior to the issuance of a building permit for a building that consists
exclusively of market-rate dwellings or at the same time as market rate dwellings
that use the incentives of this division.
2. An applicant may use the incentives provided by affordable dwellings in a previous
phase of a development in a subsequent phase that consists of market-rate
dwellings.
Sec. 38.380.060. - Alternatives for Land Donation and Cash-in-Lieu
As an alternative to constructing the affordable dwellings required by 38.380.020, the applicant
may qualify for the incentives listed in 38.380.040 by:
A. An applicant may donate one or more parcels of land within the city limits to the city for
the purpose of building affordable dwellings, subject to the following:
1. The donated land may be one or more undeveloped parcels or ready-to-build lots,
but must be capable of buildingbeing used as the site of residential dwellings that
meet the standards of this division. All donated land will be used only to support
the creation or preservation of affordable dwellings.
2. The value of the donated land must be equal to or exceed the cost of designing,
obtaining land use and building approvals for, installing or upgrading infrastructure
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for, and constructing the number of affordable dwellings the applicant would
otherwise be required to provide in return for the requested incentives in
38.380.040, as established by an independent valuation and economic report dated
no less than one year prior to transfer of the ownership of the land to the city and
produced by one or more independent firms selected by the city and paid for by the
applicant.
3. The city commission must approve the donation of land pursuant to 2.08.100.
B. An applicant may provide a cash-in-lieu payment to the city’s community housing fund.
The review authority may establish administrative rules and procedures for the calculation
and implementation of a cash-in-lieu program. The city must use all cash-in-lieu funds to
support the creation or preservation of affordable dwellings. The following apply to
payment of cash-in-lieu:
1. For each affordable dwelling required by 38.380.020, but not provided, the cash-
in-lieu amount will be established based on a per dwelling price adopted by
resolution of the commission.
2. The per dwelling amount must be based on the difference between the average new
construction rental rate for apartments in the city and the established affordable
rental rate calculated over the course of 20 years.
3. The cash-in-lieu amount must be determined on the number, type of dwellings, and
mix of bedrooms identified as affordable in the affordable housing plan and
proposed to be constructed.
4. Cash-in-lieu payments must be paid prior to issuance of a building permit for any
dwelling in the development.
Sec. 38.380.070. – Administration
A. The applicable review authority shall enforce all rules and regulations, and take all actions
necessary for the effective operation and enforcement of this division, unless such authority
is expressly reserved to the city commission or another city official, including but not
limited to:
1. Promulgate any rule or regulation necessary to the operation and enforcement of
this division, including but not limited to maintenance of the affordable dwellings,
periodic reporting, and notice and tenant protections in the event of foreclosure.
2. Adopting application, monitoring, reporting forms, compliance documents, and
obtaining any other information required from applicants for implementation of this
division.
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3. Establishing standards for determining AMI requirements, including income-
averaging, and calculating and making available to the public the AMI required to
qualify for the various incentives listed in this division.
4. Establishing standards for the qualification of renters, ongoing income verification
and eligibility, primary occupancy requirements, and reporting and performance of
property management entities.
5. Establishing standards that would allow the review authority to approve an upward
adjustment of the AMI standards for renter qualification if an affordable dwelling
remains vacant for more than 30 calendar days and no person qualifying within the
required AMI applies for the affordable dwelling.
6. Monitoring compliance with this division, notifying the subdivider, applicant, or
current owner of the property of noncompliance, and ordering compliance,
including imposing sanctions permitted by this division.
B. All rules and regulations established by the applicable review authority are subject to city
commission review and modification.
Sec. 38.380.080. - Noncompliance and Sanctions
A. If the city determines an applicant, its successor, or the current owner of a property fails to
comply with any requirements of the affordable housing plan, or the requirements of this
division, or with the provisions of a compliance document, the applicable review authority
must notify the applicant, its successor, or the current owner of the property of the
noncompliance in writing and order compliance. Notification must describe the date by
which the person or entity must be in full compliance and must describe the nature of the
noncompliance and the sanctions for noncompliance.
B. In addition to other remedies available to the city pursuant to this chapter, if the person or
entity remains in noncompliance on the date by which compliance was required, the city
may impose one or more sanctions, including but not limited to the following:
1. Issuing a civil penalty pursuant to 24.02.040;
2. Enforcing the requirements of the compliance documents;
3. Withholding or revoking building permits;
4. Issuing stop-work orders;
5. Withholding or revoking certificates of occupancy; and
6. Any other sanction available under local, state, or federal law.”
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Section 3
That Section 38.540.050.A.1.b(1) of the Bozeman Municipal Code be amended as follows:
“Affordable dwellings housing. When calculating the amount of required parking for
affordable dwellings housing, as defined in section 38.700.020, of this chapter if the project is
guaranteed for use as affordable housing for a minimum period of 30 years and the use as
affordable housing is subject to long term monitoring to ensure compliance and continued use as
affordable housing, required parking spaces must be calculated based on number of bedrooms
outlined in Table 38.540.050-1, but may not exceed 1.5 spaces per unit. if the project is subject to
an approved affordable housing plan, then required parking spaces must be provided pursuant to
division 38.380.”
Section 4
That Division 38.700 of the Bozeman Municipal Code be amended as follows:
1. That the definition of “affordable home” in 38.700.020. – A definitions be amended as
follows: “Affordable dwelling home. A residential dwelling unit for rent or purchase
that a subdivider or developer has committed to making affordable as an affordable
home at the AMI levels to qualify for the incentives in pursuant to 38.380.
2. That the definition of “affordable housing” in 38.700.020. – A definitions be repealed.
3. That the definition of “yield street” in 38.700.170. - S definitions (subsection 9 within
the definition of "Street Types") is hereby repealed.
Section 5
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 6
Savings Provision.
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This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 7
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 8
Codification.
This Ordinance shall be codified as appropriate in Sections 2 – 4.
Section 9
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading at a regular session held on the _____ day of ________________, 2025.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
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____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2025. The effective date of this ordinance is __________, __, 2025.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
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_________________________________
GREG SULLIVAN
City Attorney
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Page 1 of 64
Project 24529; City Commission Staff Report for the Bozeman Municipal
Code (BMC) Division 38.380 Affordable Housing Text Amendment--
Ordinance 2025-###
Public Hearings:
Community Development Board meeting – January 13, 2025.
City Commission public hearing – January 28, 2025.
Project Description: Repeal Bozeman Municipal Code (BMC) Division 38.380, Affordable
Housing, and replace it in its entirety with an amended Division 38.380, Affordable
Housing. See Appendix B on page 42 for a summary comparison of the incentives
offered by the current Affordable Housing provisions of Division 38.380 and the
proposed AHO incentives.
Project Location: The Ordinance is applicable City-wide.
Recommendation: The proposed Affordable Housing Ordinance amendment to the
Bozeman Unified Development Code (UDC) meets the Section 38.260.010
Zoning Text Amendment criteria for approval as noted below in Section 2.
Economic Vitality Board Motion: Having heard the staff presentation and considered public
comment, and all information presented, the Board made the following two
recommendations to the City Commission: (1) Both Type B and C incentives should
have a minimum parking requirement and (2) the 60% of AMI affordability level
should be evaluated every three years and should be based on HUD-AMI data as well
as other metrics and information (please see the Economic Vitality Board discussion
on page 7 below).
Community Development Board Motion: Having reviewed and considered the staff report,
draft ordinance, public comment, recommendation from the Economic Vitality
Board, and all information presented, the Community Development Board acting
as the Zoning Commission, adopts the findings presented in the staff report for
application 24529, and moves to recommend approval of the proposed Affordable
Housing Ordinance 2025, as reflected in the staff report (please see the
Community Development Board discussion on page 9 and Appendix C below).
City Commission Recommended Motion: Having reviewed and considered the staff report,
draft ordinance, Economic Vitality Board and Planning Commission
recommendations, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 24529 and move to
approve the proposed Affordable Housing Ordinance 2025, as reflected in the staff
report.
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Report: January 21, 2025
Staff Contact: Susana Montana, Senior Planner, Community Development
Department
David Fine, Economic Development Department, Housing Manager
Agenda Item Type: Action – Legislative
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 3
Project Summary ................................................................................................................. 4
Public Comment.................................................................................................................. 6
Economic Vitality Board and Planning Commission Comments ....................................... 7
Alternatives ......................................................................................................................... 7
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ..................... 11
Section 76-2-304, MCA (Zoning) Criteria………………………………………………12
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 27
APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 29
APPENDIX B - COMPARISON OF CURRENT DEEP AND SHALLOW INCENTIVES
WITH PROPOSED TYPE A, B AND C INCENTIVES……………………………………42
APPENDIX C - COMMUNITY DEVELOPMENT BOARD COMMENTS………………57
APPENDIX D -- NOTICING AND PUBLIC COMMENT................................................... 61
APPENDIX E - APPLICANT INFORMATION AND REVIEWING STAFF ..................... 64
FISCAL EFFECTS ................................................................................................................. 64
ATTACHMENT LINKS ........................................................................................................ 64
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EXECUTIVE SUMMARY
This report is based on the proposed ordinance text, advisory board recommendations, Planning
Commission recommendations, public comment received to date, and staff evaluation of zoning
text amendment criteria of Section 76-2-304 Montana Code Annotated (MCA). The ordinance is
for rental housing only. For-sale housing would be added at a later date.
Policy Question
The 2021 state legislature adopted House Bill 259 which forbid the city to require developers to
build affordable housing as part of their project. The city is now only allowed to use incentives to
encourage rather than mandate the construction of affordable housing.
A 2021 analysis of the costs of building housing of various types prepared by the housing
economics firm, Root Policy Research, suggested that various zoning code incentives provided to
housing developers would make economically feasible a certain amount of long-term affordable
housing at specific designated affordability levels. The current and proposed affordable housing
ordinance (AHO) places an emphasis on affordable housing as a public benefit in exchange for the
flexibility allowed through the allowance of various zoning incentives such as relief from lot size,
density, parking and building height limits.
The City Commission adopted a replacement for the outlawed Inclusionary Zoning AHO, by
Ordinance 2105, on October 27, 2022. The new AHO uses non-cash financial incentives through
the Unified Development Code as a voluntary incentive to create affordable housing.
Since the current 2022 AHO has been in effect, 12 residential developments have qualified for and
taken advantage of its incentives, resulting in 1,005 income-restricted affordable dwelling units
committed to be income-restricted for a period of 30 years. One policy issue revolves around
whether the flexibility allowed by the citywide incentives of the 2022 Affordable Housing
Ordinance (AHO) are too broad to be assured that utilizing the parking and height incentives on
“in-fill” projects, in particular, would result in a project that may not be in “character” with the
existing neighborhood or may have negative impacts on the site environs. Is this impact an
acceptable exchange for the public benefit of providing long-term (30 or 50 years) affordable
housing units within that development? The projects utilizing the incentives on undeveloped
(“greenfield”) or redeveloping sites have generally been deemed successful in providing affordable
units while creating a new mass and scale “character” in its environs or in matching the scale and
massing of nearby apartment complexes in developing areas of the city such as its northwest and
southwest edges.
The proposed AHO seeks to remedy or reduce perceived negative impacts of incentives on both
in-fill and greenfield sites while preserving, conserving or building new affordable housing. Please
see Appendix A of this report for more information on efforts by the city in providing affordable
housing.
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Project Summary
Proposed Affordable Housing Ordinance Incentives
The proposed Affordable Housing Ordinance is a proposal to amend the land use regulations of
Chapter 38, Unified Development Code (UDC) of the Bozeman Municipal Code (BMC) in support
of affordable rental housing production. The proposed amendments will affect land use, lot size,
residential density, building height, and parking standards for targeted residential and mixed-use
districts. The amendment applies to new development and applies to projects undergoing
development review under Chapter 38 of the City’s Unified Development Code (UDC) and which,
by the effective date of the ordinance, has reached “adequacy” in this review.
The amendment would repeal the current UDC Division 38.380, Affordable Housing, in its
entirety and would replace it with a new set of standards addressing:
(1) incentives to build below-market-rate affordable rental dwelling units in the city;
(2) criteria and qualifications for the granting of the incentives;
(3) clarification of administration of the affordable housing program;
(4) extension of the duration of affordability for subject dwellings from thirty (30) years to
fifty (50) years;
(5) establishing the minimum percentage of affordable dwellings per project and the
maximum rental rate measured by the Bozeman Area Median Income (AMI); and
(6) establishing four (4) options of non-cash financial incentives to produce below-market-
rate affordable dwellings in the city. Please see Appendix B for a comparison of the current
and proposed AHO incentives and Attachment A for a link to the entire proposed revised
AHO ordinance and Attachment B for a link to the current Affordable Housing Ordinance
No. 2105.
The current AHO offers two types of incentives: Shallow Incentives and Deep Incentives. The
proposed AHO re-names and amends the two types of incentives as Type A Incentives, Type B
Incentives, creates a third set of incentives called Type C Incentives, and creates a fourth option
called Off Site Contribution in which a developer utilizing the incentives may request to pay cash-
in-lieu to the affordable housing fund or donate buildable land to the city for the production of
affordable housing rather than provide the affordable units on-site within the subject development.
The city would establish administrative procedures for the application and implementation of a
cash-in-lieu program. The city would use all cash-in-lieu funds to support the creation or
preservation of affordable dwellings.
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Overall. based on City Commission guidance at an August 20, 2024, work session, on Advisory
Board and Planning Commission recommendations and public comments received to date, the
proposed AHO addresses these comments and recommendations by:
(1) reducing the building height and parking incentives offered for affordable housing
projects;
(2) extending the affordability term from 30 years to 50 years;
(3) lowering the affordability level from 80% of AMI to 60% of AMI;
(4) requiring a greater number or percent of affordable units in a development in exchange
for the greater incentives;
(5) incorporating development standards for the affordable dwellings within a market-rate
development to insure equity in construction and amenities;
(6) specifying the contents of the mandated Affordable Housing Plan for projects using
incentives; and
(7) clarifying Assumptions and Calculations for affordable units and for the Administration
and Compliance of the AHO program,
The changes to the current AHO Section 38.380 generally lower or reduce the development
incentives offered to market-rate developers in exchange for providing a greater number of
affordable units at a lower AMI rental rate and for a longer period of time. The remaining
incentives were carefully designed, based on experience and data, to respond to market conditions,
such as land, material and labor costs and demand for specific housing types, and to offer the
specific development incentives to make inclusion of the affordable units financially feasible.
The proposed amendments replace in its entirety the provisions of Division 38.380 of the Unified
Development Code (UDC) as well as:
(1) Section 38.540.050.A.1(b)(1) which clarifies the parking for developments using the incentives
of 38.380; and
(2) amends Section 38.700, Definitions, to clarify the definition of an affordable home relative to
38.380.
All other provisions of the current Ordinance 2105 remain in effect including:
(1) 38.200.010 placing the review authority for affordable housing projects of 38.380 to the
Director of Economic Development;
(2) 38.270.030. Completion of Improvements (concurrent construction);
(3) the citywide provisions of Tables 38.310.030.A (permitted residential uses), 38.320.030.A (lot
area), 38.320.030.B (lot width) and 38.360.040 (ADUs);
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(4) 38.320.060 Zone Edge Transitions;
(5) 38.340.040 Neighborhood Conservation Overlay District Certificate of Appropriateness;
(5) 38.360.120.A and 38.360.120.C, Cottage Housing;
(6) 38.410.030.G, Lot Depth;
(7) 38.420.020.A, Parkland dedication;
(8) 38.540.050.A.1 and Table 38.540.050-1, Parking;
(9) 38.700.050.D, Definitions of “Developer”; and
(10) 38.700.090.G, Definition of Household.
Note that the provisions of concurrent construction of infrastructure is not explicitly stated in the
revised 38.380, it remains a provision of the UDC and remains available to qualifying applicants.
Likewise, the provisions, processes, standards and guidelines of 38.340.040 Neighborhood
Conservation Overlay District Certificate of Appropriateness remain in effect and are not changed
by this revised 38.380.
Broad Issues
Limited housing opportunities within the city negatively impacts economic development,
transportation networks, and sustainability. Lack of housing directly effects many areas of life for
Bozeman citizens including health, economic and social stability, and wellness. Affordable
housing needs must be addressed to maintain a sufficient resident workforce in all fields of
employment. To ensure the public safety and general welfare of the residents of the city, affordable
housing needs must be addressed. See Appendix A for a history of city efforts to provide safe,
sanitary, and affordable housing to its residents.
The purpose of incentives is to encourage and enable construction of housing that would be
unlikely or impossible without the incentives. The incentives codified in this ordinance will
advance the city's legitimate interest in assuring that additional housing is built in the city. This
ordinance is proposed pursuant to the city's self-governing powers, the city’s zoning authority, and
the police power to protect public health, safety, and general welfare.
Public Comment
The Economic Development Department’s Housing Team hosted an open house to discuss options
for amending the current Affordable Housing Ordinance (AHO). Staff presented a slide show on
housing issues and options for incentives toward supporting low-income-affordable housing in the
city and they queried participants as to their preferences of incentives that could be offered
developers of affordable housing or mixed market-rate and affordable housing projects. Staff also
hosted a short on-line and “hard copy” survey to query residents about their concerns and
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preferences for incentives to offer in an updated AHO. The AHO survey is closed now and the
results are now available in the Resource Documents section on AHO Engage Bozeman along with
written comments received at the Open House. The Economic Development staff’s open house
slide show as well as Mayor Cunningham’s housing presentation slide show can be viewed in the
Resource Documents section of that webpage.
Continuing written public comments on this draft AHO will be archived and available through the
“Community Development & Specific Projects” folder in the City’s Laserfiche archive for both
2024 and 2025. Due to the December 21st publication date of the public notice, one comment on
this draft AHO is archived in the 2024 folder here and is the last comment letter at the bottom
dated 12/27/24. The remaining comments received after the public notice publication date can be
found in the 2025 Community Development & Specific Projects folder in the Affordable Housing
Ordinance subfolder here. Comments provided orally at City Hall public meetings are available
through the recordings of those meetings. Links to recordings are noted in this report following
the pertinent discussion. For general public comments about affordable housing in the city go to
this link or:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=286701&dbid=0&repo=BOZEMAN
Economic Vitality Board
The Economic Vitality Board (EVB) has the duties of the advising on housing policy in the city.
The EVB discussed the elements of the proposed AHO revision on December 4, 2024. There were
two persons providing oral public comment at the meeting and six persons commenting in writing
in advance of the meeting.
The oral public comments included the following topics:
1. It was stated that the current AHO program fails to provide a benefit to the city, and
it is anticipated that the update will also fail. It destroys the historic character and
sense of place where the incentives are granted; for example, the Guthrie (located
at N. 5th Avenue at Villard), Block B (511 E. Babcock) and the Yard (Tamarack
and Front Streets) projects.
2. A citizen provided written comments to the EVB in which he proposes a 3-step
program to improve the city’s affordable housing program.
3. The Ability Montana organization stated that they urge the AHO to provide
accessible parking close to the development project entrances; a “drop off zone” is
inadequate. The speaker urged the Board to review the Belonging in Bozeman
accessibility recommendations.
The written comments to the EVB can be found at this link. The video recording of the EVB can
be found here. The Affordable Housing agenda discussion begins at 9:14 in the recording. Public
Comment begins beyond that at 1:38 in the recording. Questions to staff begin at 28:30 in the
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recording. Board discussion begins at 57:10 in the recording. The Board voted 6-0 in favor of each
of three motions recommending approval of the ordinance with amendments.
The EVB discussion of the proposed AHO update included the following topics:
1. Build in review of the Area Median Income (AMI) affordable levels every two years or
so due to changes in the HUD-designated income levels and market conditions in Bozeman
such as housing need/demand and housing production needs.
2. Type C no parking requirement; what is the ADA parking requirement if no parking is
required?
3. Will change in the incentives affect existing affordable housing projects in the pipeline?
4. What areas or zoning districts would a 7-story building be allowed with the Type C
incentives?
5. Types B and C should have a minimum parking requirement.
6. Affordable dwelling unit size should be a quality, livable space.
7. Concern with the cash-in-lieu option that no affordable housing will result.
After discussion by the Board, three separate motions were made, seconded, and approved
unanimously, 6 to 0 to recommend to the City Commission the following amendments to the AHO
proposal:
Motion 1: The Type C incentive should have a minimum parking requirement.
Motion 2: Both Type B and C incentives should have a minimum parking requirement.
Motion 3: The 60% of AMI affordability level should be evaluated every three years and
should be based on HUD-AMI data as well as other metrics and information.
Staff response to the EVB recommendations.
The proposed AHO now proposes minimum vehicle and bicycle parking requirements for all
housing types except Types A and B Incentives which exempt townhouse or rowhouse
dwellings of 1,200 square feet of livable space or less from on-site parking. The small
townhouse and rowhouse is deemed a suitable match for the city’s “missing-middle”/
workforce housing demand and staff opines that the exemption of parking for this type of
housing would facilitate its development, particularly in new subdivisions or other “greenfield”
sites. Additional flexibility is provided for parking placement if the developer chooses to use
it.
Sections 38.380.020.I, Assumptions and Calculations and 38.380.070.A.1, Administration, of
the proposed AHO establishes procedures for review of AMI requirements as used in this
Division. Staff opines that these administrative provisions enable the review and use of
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standard metrics other than U.S. Department of Housing and Urban Development (HUD) AMI
for Bozeman, if appropriate and anticipates the metrics will be reviewed annually.
Community Development Board, acting as the Planning Commission
The Community Development Board, acting as the Planning Commission, held a public meeting
on Monday, January 13, 2025, to discuss the proposed AHO and make a recommendation to the
City Commission. Fine of the Economic Development Department, the Board asked questions of
staff and shared their comments and opinions including the following summary. The specific
questions and discussions are noted in Appendix C of this report.
• Not comfortable with “one size fits all” approach in that the ordinance allows the same
incentives for in-fill sites and greenfield sites. Can the city differentiate between in-fill and
greenfield development in granting incentives such as the parking exemptions?
• Is concurrent construction still available with this ordinance?
• Type B and C incentives should have a minimum of one parking space required or should
have a requirement of a parking study for the development to identify the impact of lesser
parking to on-street parking resources in the area. The parking study requirement could be
required of in-fill development rather than developments on the outskirts of town.
• Type B or C incentives—limit them both to 4 stories and 36 dwelling units max.
• Do the incentives for housing in the M-1 district apply to the NEHMU? There is talk that
the NEHMU would be rezoned as an M-1 district.
• Due to changes in workforce income, rent levels at the current 80% of AMI is not
“affordable”; setting the rent levels at 60% is good.
• The AHO should not change any UDC provision that allows the City Commission to
reclaim a development application that seeks to use the incentives.
• There is concern that landowners seek to rezone properties within established lower density
neighborhood to the B-2M district which this AHO would allow four additional stories;
this would be out of scale with the neighborhood.
• The City Commission should be required to approve a cash-in-lieu option.
• The impacts of a particular development using incentives on its environs (parking, scale)
should be evaluated and stated in any approval document.
• The parking incentives are appropriate to facilitate production of affordable housing.
• The applicant using incentives in their project should hold a neighborhood meeting to
inform the neighbors of the proposal.
• The Type C incentives would allow 6 story buildings in the REMU districts and 8 story
buildings in the B-2M districts.
• Concern with maintenance of the units/ affordable buildings over the 50-year affordability
period.
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• This AHO is a compromise regarding public concerns with the current AHO and is an
acceptable trade-off.
Commissioner Madgic made the following Motion which was seconded by Board Member
Lloyd. The Motion passed five to two (5 to 2) with Commissioner Madgic and Board Member
Egnatz dissenting.
Having reviewed and considered the staff report, draft ordinance, public comment,
recommendation from the Economic Vitality Board, and all information
presented, the Community Development Board acting as the Zoning Commission,
adopts the findings presented in the staff report for application 24529, and moves
to recommend approval of the proposed Affordable Housing Ordinance 2025, as
reflected in the staff report.
Alternatives
1. Do not adopt the ordinance as presented, based on findings of non-compliance with the
applicable zoning text amendment criteria contained within the staff report;
2. Do not adopt the ordinance and direct staff to make the following changes to the text:
a. Establish a minimum parking requirement for all Types of incentives; and/or
b. Include other (specific) amendments to address issues identified or
recommendations made by advisory bodies or public comments; or
3. Continue the public hearing on the application, with specific direction to staff to supply
additional information or to address specific items.
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zoning text amendment, the Staff finds the
proposed AHO replacement of UDC Section 38.380 meets the minimum criteria for approval as
proposed and, therefore, recommends approval of the application as submitted. The city’s
Development Review Committee (DRC) reviewed and considered the amendment and did not
identify infrastructure deficiencies associated with the proposed amendment.
The Economic Vitality Board (EVB) held a public meeting to discuss these amendments on
December 4, 2024. As noted above, the Board unanimously (5 to 0) recommended the proposed
AHO be adopted with minimum parking requirements for Type B and C incentives and
recommended that the AMI household income levels be evaluated every three years for relevancy
to Bozeman’s affordable housing needs. These recommendations have been incorporated into the
proposed AHO as presented. A link to the video recording of the EVB meeting is here.
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The Community Development Board (CDB), acting as the Planning Commission pursuant to
76.2.304 MCA, considered the proposed AHO at a January 13, 2025, public meeting and
recommended approval of the AHO as presented by a vote of 5 to 2. The CDB comments on the
proposal are summarized above. A link to the video recording of the CDB meeting is here.
The City Commission will hold a public hearing on the text amendment on January 28, 2025, at
6:00 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Remote
electronic participation may also be available. Instructions for participating remotely will be
included on the meeting agenda. The agenda is available in the Events portion of the City’s website
at https://www.bozeman.net/home at least 48 hours prior to the meeting.
At the City Commission’s public hearing the City Commission may act to approve, modify, or
reject the proposal, as Affordable Housing Ordinance for UDC Division 38.380, or may continue
the public hearing to another date. The City Commission may revise the proposed AHO
amendment referred to in the public notice during the public hearing process.
SECTION 2 – ZONING TEXT AMENDMENT STAFF ANALYSIS AND
FINDINGS
Strategic Plan Implementation
In April 2018, the City Commission adopted a Strategic Plan to guide city policy formation and
its implementation. Strategic Plan priorities relevant to this AHO include the following:
4.2 High Quality Urban Approach - Continue to support high-quality planning, ranging
from building design to neighborhood layouts, while pursuing urban approaches to issues
such as multimodal transportation, infill, density, connected trails and parks, and walkable
neighborhoods.
City-adopted building codes, zoning codes, utility and infrastructure codes and master plans all
play a role in supporting high-quality planning and development throughout the city. The proposed
AHO is one key element in this array of strategies to retain a high-quality urban approach to
building and servicing city neighborhoods. The AHO focuses on non-cash development incentives
to produce needed affordable housing that, otherwise, the private sector would not produce. These
AHO incentives are often paired with financial incentives such as Tax Increment Financing or Tax
Credits to produce the lower-income affordable housing.
4.5 Housing and Transportation Choices - Vigorously encourage, through a wide
variety of actions, the development of sustainable and lasting housing options for
underserved individuals and families and improve mobility options that accommodate all
travel modes.
The AHO seeks to provide development incentives to encourage smaller lots and dwelling units
that make most efficient use of land already served by public utilities and services such as water,
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sanitary sewer, stormwater management, transit, police, fire, medical care, schools, libraries,
recreation and the like. The AHO focuses on serving the city’s low-income households,
particularly the city’s service workforce, who could not afford to rent market-rate dwellings. The
AHO would require income-restrictions for a minimum of 50 years. The AHO incentives for
increased density in the higher-density zoning districts, particularly in the northwest and southwest
regions of the city, would provide increased ridership for the new transit district to extend service
to those developing areas of the city.
7.3 Best Practices, Creativity & Foresight- Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant to the
governance of the City. Be also adaptable and flexible with an outward focus on the
customer and an external understanding of the issues as others may see them.
City leadership has been vigilant in researching and understanding the housing needs of its citizens
and in seeking to fund various approaches to meeting this need. Over the decades, they have tried
many financial and non-financial strategies for producing housing for its workforce and those in
need of assisted housing. When the inclusionary zoning AHO was adopted, it was amended
several times to better address market conditions and housing needs. This proposed AHO also
seeks to be flexible and creative in responding to current market conditions, housing policy and
housing needs of the city’s low-income workforce as measured by the city’s AMI.
Section 76-2-304, Montana Code Annotated (MCA), Zoning Criteria
In considering applications for zoning text amendment approval under this title, the advisory
boards and City Commission must consider the following criteria (letters A-K below). As an
amendment is a legislative action, the Commission has broad latitude to determine a policy
direction.
A zone text amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B), promote public health, public safety, and
general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools,
parks, and other public requirements (criteria D). Therefore, to approve a zone text amendment
the Commission must find that Criteria A-D are met.
In addition, the Commission must also consider criteria E-K and may find the zone text amendment
to be positive, neutral, or negative with regards to these criteria. To approve the zone text
amendment, the Commission must find the positive outcomes of the amendment outweigh
negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or mitigate
negative impacts are incorporated throughout the entire municipal code but are principally in
Chapter 38, Unified Development Code.
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The existing development review processes and standards were previously found to satisfy all of
the following criteria during earlier reviews. The focus of this report is only on the proposed AHO
amendments. Where a finding of Neutral is presented, it represents that the criteria is either not
applicable to the proposed amendments or that the change does not materially advance or detract
from compliance. Therefore, a finding of Neutral is not an indication of a deficiency in the
proposed amendments or the existing standards.
As noted below, the required criteria A through D are met by the proposed AHO. For Criterion
H, Character of the District, the proposed AHO is deemed neutral in satisfying this criterion as
demonstrated on page 22. The Criterion J, Value of Buildings, is also deemed neutral in that the
proposed AHO may affect existing buildings as a property is redeveloped but the value of the new
building and property would increase. Criterion F, Effect on Motorized and Non-motorized
Transportation Systems is deemed “neutral” the proposed AHO as the parking incentives are likely
to increase competition for on-street parking resources in the neighborhood where an affordable
housing project using the parking incentives is located. This is balanced by the provision of low-
and moderately priced housing.
Overall, the proposed AHO meets the MCA zoning criteria for a text amendment.
A. Be in accordance with a growth policy.
This criterion is met. A growth policy provides a high-level vision of how a community hopes to
develop over time. As a key tool to implement the growth policy, zoning must be in accordance
with the growth policy per 76-2-304(1)-(a), MCA. The proposed AHO, inclusive of Division
38.380, Affordable Housing, and the two associated changes to the Definitions zoning text of the
Bozeman Municipal Code (BMC), positively address numerous relevant Bozeman Community
Plan 2020 (BCP) growth policies as noted below, particularly those seeking to facilitate housing
and “missing middle” affordable housing.
Goal N-3: “Promote a diverse supply of quality housing units”.
Policy N-3.1—"Establish standards for provisions of diversity of housing types in a given
area.”
N-3.3 Encourage distribution of affordable housing units throughout the City with priority
given to locations near commercial, recreational, and transit assets.
N-3.4—"Require development of affordable housing through coordination of funding for
affordable housing and infrastructure.”
N-3.7— “Support compact neighborhoods, small lot sizes, and small floor plans, especially
through mechanisms such as density bonuses.”
N-3.8— “Promote the development of “Missing Middle” housing (side by side or stacked
duplex, triples, live-work, cottage housing, group living, rowhouse/townhouses, etc.) as one of
the most critical components of affordable housing.”
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N-3.9— “Ensure an adequate supply of appropriately designated land to accommodate Low
Income Housing Tax Credit development in qualifying census tracts.
Dwelling units in apartment buildings provide the most efficient use of units of land and this
housing type is supported by the incentives of the proposed AHO which offers increased building
heights, increased residential density, and lower or no minimum parking requirements in exchange
for long-term rental housing affordability.
The AHO also broadly supports “missing middle” townhome and rowhouse housing types by
allowing those types of housing in the lower-density R-1, RS and RMH districts, by reducing lot
widths, lot size and lot coverage. For this type of housing with exclusively small units (1,200 gross
square feet or less), no parking is required. This supports “diversity of housing” and affordable
units throughout the community. It should be noted that recent changes in state law require the R-
1, RS, and RMH districts to allow duplexes with or without affordability requirements.
The BCP establishes the City’s policies for land development. It continues concepts and
community priorities that were established in several prior plans and growth policies. As early as
1972, the community’s planning documents identified affordable housing as a priority concern.
Affordability of housing is influenced by many issues. Only a few of them are under control of the
city. Lending practices, personal housing preferences, labor and materials availability, and land
costs are examples of material housing cost influences that the city does not control.
Bozeman’s policy for many years has been to establish zoning districts that have access to
centralized public services, and which can accommodate housing of various types and densities
that can satisfy local housing needs and preference of surroundings. However, in order to
accommodate current and anticipated population growth, more efficient use of land for housing
within the city limits, close to public services and within the designated BCP Growth Area is
needed. This development is planned to occur both in newly annexed areas and existing developed
area. Infill development has been a long-standing community priority. Zoning regulations that
allow a variety of housing types at higher densities enable construction at economies of scale and
obtains maximum or most efficient use of property. This approach lessens pressure for the
annexation of farmland on the edge of the city yet within the Growth Area. Higher density “in-
fill” development of undeveloped or underdeveloped lands within the city keeps initial housing
construction/development costs lower than building housing on County “green fields” which also
results in more efficient long-term operational costs of maintenance of roads, water, sewer,
stormwater management facilities, and public safety services. It is noted that the City’s Climate
Action Plan encourages compact development and higher development densities.
BCP discusses housing affordability. The discussion identifies national and local trends and issues
affecting affordability and housing needs. The AHO affordability incentives are designed to
encourage construction of homes at prices that market rate construction generally cannot reach.
The AHO incentives can be paired with other housing support such as Low-Income Housing Tax
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Credits. The proposed AHO’s incentives recognizes these land use parameters and market forces
and was crafted to respond to these factors in such a way as to result in as many low-income
affordable dwellings as is possible under current market conditions and current state regulations.
Providing development incentives to facilitate construction of rental housing affordable to
households with annual incomes below the city’s Area Median Income (AMI) supports several
growth policy goals including:
R-2.4 Social Equity: Provide solutions that are inclusive with consideration to populations that
are often most fragile and vulnerable to sudden impacts.
Goal N-1: “Support well-planned, walkable neighborhoods.”
N-1.1. Promote housing diversity, including missing middle housing.
N-1.11--“Enable a gradual and predictable increase in density in developed areas over time”;
EE-1.4 Support employee retention and attraction efforts by encouraging continued
development of affordable housing in close proximity to large employers.
The proposed AHO incentives allow for smaller lots and dwelling unit size in exchange for low-
income affordability of rental housing. The developments that take advantage of these incentives
are expected to be more walkable by virtue of smaller block sizes. The Community Design
standards of Article 4 and the Project Design standards of Article 5 of the UDC are not changed
by this AHO. The AHO does incentivize the smaller lots and dwelling unit size that are expected
to meet the demands for “missing middle” housing for the city’s service workforce. The incentives
are combined with the permitted uses in zoning districts so that higher intensity development is
located in locations determined by district designation to be appropriate to more development.
Increased numbers and locations of mixed-use zoning districts supports implementation of housing
and employment in close proximity to larger employers.
Sustainability and mobility options can also support housing affordability. Examples of
community plan objectives that integrate with housing affordability include:
Goal DCD--1: “Support urban development with the City.”
Policy DCD--1.1: “Evaluate alternatives for more intensive development in proximity to high
visibility corners, services and parks.”
DCD-1.2— “Remove regulatory barriers to infill.”
DCD 1.5— “Identify underutilized sites, vacant, and undeveloped sites for possible
development or redevelopment, including evaluating possible development incentives.”
Goal DCD-2: “Encourage growth throughout the City while enhancing the pattern of
community development oriented on centers of employment and activity. Support an increase
in development intensity within developed areas.
Policy DCD-2.1- “Coordinate infrastructure development, land use development and other
City actions and priorities through community planning.”
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DCD-2.2- “Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support businesses.”
DCD-2.7- “Encourage the location of higher density housing and public transit routes in
proximity to one another.”
DCD-3.6 --Evaluate parking requirements and methods of providing parking as part of the
overall transportation system for and between districts.
Goal DCD-4: “Implement a regulatory environment that supports the Community Plan goals.
Policy DCD-4.4: “Differentiate between development and redevelopment. Allow relaxations
of code provisions for developed parcels to allow redevelopment to the full potential of their
zoning district.”
The AHO does not change the future land use map or zoning designation of land within the city to
address these policies. Rather, it offers density and building height incentives and parking
reductions in the city’s higher residential, commercial, and mixed-use zoning districts that can
implement these BCP policies in exchange for long-term housing affordability. Chapter 3 of the
BCP describes the various future land use designations and notes that higher densities are
appropriate and needed to accomplish policies of the plan.
Evaluation and consideration of alternate means to address transportation needs, including parking,
is directed by the BCP. Local and national experience has identified that affordable housing has a
lower, but still existent need for motor vehicles. The proposed amendments adjust parking
incentives to better fit the location and scope of development to amount of required parking
compared to the existing affordable housing incentives. Minimum parking for accessibility,
bicycles, and a ratio per dwelling is included in the regulations. The existing flexibility for location
is expanded. Tools other than individual project parking provision also exist in the municipal code
which can be used to manage public parking utilization more holistically.
The BCP seeks to coordinate housing with employment opportunities. The AHO addresses the
following policies by providing incentives to mix housing and jobs in the city’s M-1 light
manufacturing districts. Whereas, apartments are now permitted as an accessory use per building
in the M-1 districts and they are permitted only above the ground floor, the AHO allows housing
on the ground floor of buildings and deems residential uses as accessory to the non-residential uses
within the development as a whole rather than on a per-building basis.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
M-1.12 Eliminate parking minimum requirements in commercial districts and affordable
housing areas and reduce parking minimums elsewhere, acknowledging that demand for
parking will still result in new supply being built.
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M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians,
bicyclists, and users of other personal mobility devices (e-bikes, electric scooters, powered
wheelchairs, etc.).
The character of the community is also a subject of BCP goals, objectives, and actions. Please see
the discussion under Criterion H.
B. Secure safety from fire and other dangers.
This criterion is met. Building code standards for fire resistance, fire sprinklers for larger buildings,
exiting, seismic durability, and other protection remain in place and will continue to protect the
public. The requirements to avoid floodplains and similar physical hazards remain in place.
Requirements in the municipal code for access by emergency services, suitable water and sewer
services, and other safety features remain. Review of individual applications will provide an
opportunity to check for function of these parameters. The Applicability wording in the AHO
Section 38.380.020 below specifically states that the City can impose conditions to address
identified safety and other concerns. Generally applicable BMC authorization to impose conditions
where needed and justified remains.
“The incentives in this division supersede the applicable standards otherwise provided in
this chapter. All other provisions of this chapter remain applicable. The city retains the
authority to approve, approve with conditions, or deny an application based on compliance
with other portions of this code but may not attach conditions to an approval that have the
effect of negating the incentives provided in this division. The incentives in this division
are in addition to the departures for housing creation provided in 38.320.070.”
The Development Standards for Affordable Dwellings section of the AHO (38.380.050) mandate
that the affordable dwelling units must be comparable in construction, design features, appliances,
and other amenities to the market-rate units within the development.
The purpose of the incentives is to support creation of homes that would otherwise likely not be
built. The rental cost limits and availability of additional housing enable homes for people who
otherwise may not have them thereby reducing danger, such as weather exposure, to those people
from housing insecurity.
C. Promote public health, public safety, and general welfare.
This criterion is met. The existing standards addressing this criterion remain in place such as
floodplain protections, road improvements, provision of water, sanitary sewer and stormwater
management facilities and similar public services. See also responses to Criteria B and D. The
incentives do authorize construction on smaller lots and in taller buildings. Such allowances are
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not inherently counter to this criterion. Standards remain for building codes and utility codes and
setbacks remain for light, air, privacy, utility services, emergency services, and other services to
protect public health and physical safety.
Housing access is a substantial factor in public safety and wellness of individuals. Cost of housing
is a significant influence on housing access. The AHO incentives provided are intended to
encourage creation of homes available to persons with incomes lower than the Area Median
Income. Bozeman has experienced very high price escalation for homes over the past few years.
The prices are increasingly beyond the income of many of Bozeman’s workers. Loss of employees
due to lack of housing has been identified by many employers as a barrier to success and growth.
In turn, lack of economic opportunity damages the community as a whole.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
This criterion is met. The City conducts extensive planning for municipal transportation, water,
sewer, parks, and other facilities and services provided by the City. The adopted plans allow the
City to consider existing conditions and identify enhancements needed to provide additional
service needed by new development. The City implements these plans through its capital
improvements program (CIP). The CIP identifies individual projects, project construction
scheduling, and financing of construction. The CIP projects are targeted to facilitate new housing
in the most efficient locations while upgrading existing, older facilities and systems serving the
built environment.
The amendments do not alter the requirements for the identified services. Considering the
municipal code as a whole, the standards requiring provision of the infrastructure listed in this
criterion are not being changed with these amendments and the development that takes advantage
of the AHO incentives can be accommodated by these assets and services. To the extent that the
amendments facilitate housing for the necessary staff to operate the identified services, they are
supportive of their provision.
E. Reasonable provision of adequate light and air.
This criterion met. Adequate light and air are provided by a mix of site development standards
including building setbacks, on-site open space as well as building code requirements for air for
combustion and ventilation. Each standard addresses a different functional element. There is no
specified quantity of day light or other physical outcome required by this criterion. The standard
is for reasonableness and adequacy, which vary by type of use and other specifics of development.
Building codes also address this criterion through requirements for ventilation and lighting and the
AHO does not change any of these standards.
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The AHO incentives provide for smaller lot sizes and smaller dwelling sizes. Setbacks remain the
same so even on the smaller lots and for smaller dwellings, there is opportunity for light and air to
reach individual rooms. Building code requirements for emergency exit windows in sleeping areas
will also help ensure there is access to light and air. The Block Frontage design standards for
ground floor dwellings’ provision for light, air, privacy, and safety remain in place.
The incentives provide for additional building height ranging from one to four stories depending
on the depth of rental rate control for the homes and the zoning district. Depending upon the
neighboring-built environment, a four-story addition to the number of stories already allowed by
the zoning district can create a significantly taller building. However, to reduce such perceived
negative impacts to the environs, the proposed AHO includes a provision that, when a building
seeking building height incentives abuts a lower intensity zoning district, the transition in building
height standards of 38.320.060.B.2.c apply. This zone edge transition in building height provides
a step-back requirement that leaves visual access to the sky for its neighbors. It does not entirely
remove all visual impacts of the taller building, but no city zoning standard, or state law protects
or preserves viewscapes or designates “air rights” of views to any adjacent landowner.
F. The effect on motorized and non-motorized transportation systems.
This criterion is neutral. The City conducts extensive planning for municipal transportation, trails,
and parks related to this criterion and services provided by the City. The adopted plans allow the
City to consider existing conditions and identify enhancements needed to provide additional
service needed by new development. The proposed AHO does not alter these plans, nor does it
relieve any development using the incentives from providing roads, trails and other transportation
facility built to city standards. The existing standards for collector and arterial streets are not
changed. The requirements for multiuse paths and recreational trails are not changed.
The proposed AHO positively addresses the following BCP goals and growth policies:
Goal DCD-2: “Encourage growth throughout the City while enhancing the pattern of
community development oriented on centers of employment and activity. Support an increase
in development intensity within developed areas.
Policy DCD-2.1- “Coordinate infrastructure development, land use development and other
City actions and priorities through community planning.”
DCD-2.2- “Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support businesses.”
DCD-2.3— “Review and update minimum development intensity requirements in residential
and non-residential zoning districts.”
DCD-2.7- “Encourage the location of higher density housing and public transit routes in
proximity to one another.”
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DCD-3.6 --Evaluate parking requirements and methods of providing parking as part of the
overall transportation system for and between districts.
Goal DCD-4: “Implement a regulatory environment that supports the Community Plan goals.
Policy DCD-4.4: “Differentiate between development and redevelopment. Allow relaxations
of code provisions for developed parcels to allow redevelopment to the full potential of their
zoning district.”
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
M-1.12 Eliminate parking minimum requirements in commercial districts and affordable
housing areas and reduce parking minimums elsewhere, acknowledging that demand for
parking will still result in new supply being built.
M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians,
bicyclists, and users of other personal mobility devices (e-bikes, electric scooters, powered
wheelchairs, etc.).
The AHO does not change the zoning designation of land within the city to address these policies.
Rather, it offers density and building height incentives and parking reductions in the city’s higher
residential, commercial, and mixed-use zoning districts that can implement these BCP policies in
exchange for long-term housing affordability.
The BCP seeks to coordinate housing with employment opportunities. The AHO addresses the
following policies by providing incentives to mix housing and jobs in the city’s M-1 light
manufacturing districts. Whereas, apartments are now permitted as an accessory use per building
in the M-1 districts and they are permitted only above the ground floor, the AHO allows housing
on the ground floor of buildings and deems residential uses as accessory to the non-residential uses
within the development as a whole rather than on a per-building basis.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
M-1.12 Eliminate parking minimum requirements in commercial districts and affordable
housing areas and reduce parking minimums elsewhere, acknowledging that demand for
parking will still result in new supply being built.
M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians,
bicyclists, and users of other personal mobility devices (e-bikes, electric scooters, powered
wheelchairs, etc.).
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However, the proposed incentives include reduction of required parking, to as little as zero for
small size (1,200 sf) townhome and rowhouse dwellings. The previous ordinance’s reduction in
street cross section for a new street class called a yield street is eliminated as it was not proven to
be useful to subject developments, the narrower yield street did not accommodate on-street
parking, and it did not respond to market desires.
The proposed AHO better fits parking requirements to the location and scale of development than
the current AHO incentives. Local and national experience has identified that affordable housing
has a lower, but still existent, need for motor vehicles. Minimum parking for accessibility, bicycles,
and a ratio per dwelling is included in the proposed incentives. The existing flexibility for location
is expanded. Tools other than individual project parking provision also exist in the municipal code
which can be used to manage public parking utilization more holistically.
For development with reduced or no on-site parking, parking by project residents and guests must
be accommodated by on-street parking spaces. This will result in additional pressure for parking
in some adjacent areas, particularly for in-fill developments. Persons constructing affordable
housing can choose to provide more than the minimum parking incentives. Local parking use
studies have found that price-limited housing in the 60% or less AMI range does use less parking
than market rate homes. The AHO requires multi-household developments to provide from 5% to
50% of the total housing units as affordable to households with annual incomes no greater than
60% of AMI for Types B and C Incentives and no greater than 80% of AMI for Type A Incentives.
Affordable housing developments using the lower or no parking incentives and located in
neighborhoods close to the city’s downtown or the university will cause additional pressure on
local public parking assets. Without increased bus service to those areas, parking management
strategies, such as permit parking districts, may be warranted. The recent establishment of the
transit district may enable expansion of bus service to areas developing with urban-scale housing,
connecting homes to employment centers.
Some parking districts with associated permit systems are already in place around MSU and
Bozeman High School. A parking benefit district system has been adopted in Chapter 36 Article
4 Division 3 of the municipal code but has not yet been activated. Active parking management
could be expanded to address possible impacts from the reduced parking requirements where
affordable housing projects without parking congregate.
The growth policy includes DCD-3.6 “Evaluate parking requirements and methods of providing
parking as part of the overall transportation system for and between districts.” Continuation of the
ongoing evaluation of parking options and alternative means to manage parking is consistent with
the growth policy.
The nature of an incentive is that it inevitably involves a trade-off of one good thing for another.
In this case, the City is willing to accept some additional risk of overflow parking and street
congestion in order to support the desired outcome of increasing low- and moderately priced rental
housing stock.
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G. Promotion of compatible urban growth.
This criterion is met. The City’s UDC Section 38.700.040.c defines compatible development as:
“The use of land and the construction and use of structures which is in harmony with adjoining
development, existing neighborhoods, and the goals and objectives of the city’s adopted
growth policy. Elements of compatible development include, but are not limited to, variety of
architectural design; rhythm of architectural elements; scale; intensity; materials; building
siting; lot and building size; hours of operation; and integration with existing community
systems including water and sewer services, natural elements in the area, motorized and non-
motorized transportation, and open spaces and parks. Compatible development does not
require uniformity or monotony of architectural or site design, density, or use.”
There is no one pattern or method in which to build a community. Many different configurations
of uses and buildings can coexist well. The City has adopted many land use and building design
standards to avoid or mitigate demonstrable negative impacts of development. Most of those
standards remain as presently adopted. The adoption of the AHO incentives is a legislative
determination that under the new standards as well as the remaining existing standards,
compatibility can be maintained. Where additional building heights are allowed by the Type C
AHO incentives, the development is subject to the height transition step-back provisions of
38.320.060.B.
Compact development in locations close to public infrastructure and services not only meets BCP
policies and objectives, but it is the most efficient and economical development for installing,
maintaining, repairing, and replacing over time public infrastructure. The proposed AHO
facilitates compact development in locations within the city that meets these objectives and that
increases the number of dwellings available and affordable to median-income households.
Therefore, staff concludes this criterion is met.
H. Character of the district.
This criterion is neutral. Goal N-4: Continue to encourage Bozeman’s sense of place.
Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of
community development oriented on centers of employment and activity. Support an increase
in development intensity within developed areas.
DCD-2.9--: “Evaluate increasing the number of stories allowed in centers of employment and
activity while also directing height transitions down to adjacent neighborhoods.
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Preserving the existing character of the community is often raised in public comments and other
community feedback. There is a tension between preserving what is already here, acknowledging
what may already be allowed by zoning already in place but is unbuilt, addressing what is needed
under today’s conditions, and preparing for the future. New development that reflects today’s
market/housing preferences, development pressures, and economics are not the same as what
existed many years ago. Acknowledgement of this ongoing change process is woven through the
BCP, see Criterion A above, and the plans that came before it. Freezing the status quo is not the
adopted policy of Bozeman whether in previously undeveloped areas or areas that have been
developed for many decades and no part of Chapter 38 forbids new construction when regulatory
standards are met.
The proposed AHO incentives allow higher densities, taller buildings, and parking reductions; and
at the same time will facilitate development of smaller dwellings than the historical norm in
Bozeman. This will result in a different character for those projects than the baseline standards in
place now. Bozeman’s development standards steadily evolved over the past 30 years as
community needs and household preferences changed. It is expected that the community will
continue to evolve. It is expected that most development will continue to follow the baseline
standards. Therefore, the majority of the community will continue to evolve as the baseline
standards are revised. Constant change is expected in a growing community. With the proposed
changes to the AHO including revised parking standards, more limited height of buildings, and
capped maximum building size, it is anticipated that the individual projects that use the affordable
housing incentives will be less different from the baseline and therefore fit better within its
environs and the overall community framework.
Section 76-2-301 MCA says “Municipal zoning authorized. For the purpose of promoting health,
safety, morals, or the general welfare of the community, the city or town council or other legislative
body of cities and incorporated towns is hereby empowered to regulate and restrict the height,
number of stories, and size of buildings and other structures; the percentage of lot that may be
occupied; the size of yards, courts, and other open spaces; the density of population; and the
location and use of buildings, structures, and land for trade, industry, residence, or other purposes.”
Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the
number, shape, and area as are considered best suited to carry out the purposes [promoting health,
safety, morals, or the general welfare of the community] of this part.” Emphasis added.
The City has adopted form and intensity standards in Division 38.320 as part of the implementation
of the zoning enabling language cited above. The City has adopted building and site design
standards in Divisions 38.510 and 38.530 also as part 6 of the implementation of the zoning
enabling language cited above. These standards remain and are applied to all development
according to the district in which the development is located. Part of the incentives offered in the
current AHO ordinance waived portions of these design standards. The proposed AHO eliminates
these waivers. All affordable housing projects must meet the design and site development
standards of 38.510 and 38.530. Projects located within the scope of 38.340, Neighborhood
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Conservation Overlay District standards, are subject to review for certificate of appropriateness
standards as may be relevant to the building use and location.
Character of a district is made up of many different elements; including but not limited to uses,
size of lots, and building features. There is no one pattern, design style, or method which is always
the best way to build a community. The City has adopted a range of zoning districts to address
different needs. The zoning districts are amended from time to time as needs of the City and its
resident’s change. The City regularly updates its regulations to stay current with the changing
needs and values of the community. Many different configurations of uses and buildings can
coexist well, and the City does not restrict specific architectural styles. The City’s growth policy
and allowed land uses per zoning district encourage mixed uses.
The City’s residential zoning districts all provide for a range of residential uses and building
configurations. This is long standing practice and does not change with this ordinance. The
ordinance does not alter the uses allowed in individual zoning districts with the exception that it
would allow, as an incentive for affordable housing, townhomes and rowhouse types in RS
(Residential Suburban), R-1 (Residential Low Density) and RMH (Residential Manufactured
Home) districts where they are not now permitted. State law requires that duplexes (two-
household dwellings) be allowed in these same districts, so the impact of the incentive is minor on
the character of these districts.
Incentives inevitably involve a trade-off of one good thing for another. In this case, the City is
willing to accept some difference in the character of in-fill sites in order to support the desired
outcome of increasing low- and moderately- rental rate housing stock. Depending on the district
and depth of commitment to price-limited homes to be provided (5% to 50%), an additional 1 to 4
stories are permitted as incentives. Minimum lot sizes are reduced or waived. Parking requirements
are reduced or waived. Depending on how incentives are applied it will result in a different and
more intensive character of development than would otherwise be possible within the specific
district. Type B incentives limits apartment buildings to a maximum of 36 dwellings each and a
maximum of four stories in height or that which is permitted in the zoning district, whichever is
less. This better integrates affordable housing projects into the zoning districts where apartments
and mixed-use developments are permitted.
Any development proposing housing may elect to use the incentives. It is not possible to predict
how many or where they will occur. Any residential district and most non-residential district,
including the M-1 Light Manufacturing District, may see new development using the incentives.
It is beneficial to the city, to the neighborhoods and to the residents that affordable housing be
distributed throughout the community and not concentrated in just one portion per BCP Objective
N-3.3: “Encourage distribution of affordable housing units throughout the City with priority given
to locations near commercial, recreational, and transit assets.”.
This proposal amends the UDC text only and not the zoning map. The proposal does not add or
delete zoning districts.
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I. Peculiar suitability for particular uses.
This criterion is met. The proposed amendments are not changing the zoning map, or the uses
allowed within zoning districts with the exception that it would allow, as an incentive,
development of townhouses and rowhouses in the RS, R-1 and RMH districts. Townhomes and
rowhouses have their own definitions in the UDC Section 38.700 noted below. The AHO does
not amend these definitions. It just allows this housing type to the mix of types allowed within
those districts. Townhomes lie upon “fee-simple” (ownership) lots which can be purchases
separately from their attached neighboring home and lot. A rowhouse is attached to a similar
house which shares the land or lot upon which the row of attached houses lie. The following
definitions are found in UDC 38.700:
“Townhouse. A dwelling unit, located on its own lot, which shares one or more common or
abutting walls with each wall having no doors, windows or other provisions for human passage
or visibility with any other dwelling units, each located on its own lot. A townhouse does not
share common floors/ceilings with other dwelling units. Each of the attached dwelling units
must have:
1. Independent water and sewer service lines and metering pursuant to the applicable
plumbing code and all other city regulations;
2. Individual services for all private utilities; and
3. A two-hour fire separation separating the dwelling unit from any adjoining dwelling units.”
“Townhouse cluster. A building consisting of three or more dwelling units, each meeting the
definition of a townhouse, placed side-by-side and/or back-to-back.”
The AHO does not amend this definition of a townhouse. It allows this type of housing in the RS,
R-1 and RMH districts. The incentives encourage the development of this “missing middle” type
of housing by allowing smaller lot size and widths and reduced parking in all residential districts
in exchange for affordable dwelling units. The Type A incentives encourage the development of
townhouse and rowhouse development by exempting their development of lot size, width, lot
coverage, density, and parking when all dwellings therein are 1,200 gross square feet or less in
size.
The AHO does not alter the design standards for townhouse and rowhouse development found in
38.360.250.
“Rowhouse. A dwelling unit that shares one or more common or abutting walls with one or more dwelling units. A rowhouse does not share common floors/ceilings with other dwelling
units.”
“Rowhouse cluster. A building consisting of three or more rowhouses.”
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The AHO does not amend this definition of a rowhouse. It allows this type of housing in the RS,
R-1 and RMH districts with the same incentives as noted above for townhouses.
J. Conserving the value of buildings.
This criterion is neutral. The proposed amendments are not changing the zoning map, or the uses
allowed within zoning districts other than allowing townhouse and rowhouse dwellings in the RS,
R-1 and RMH districts. No zoning standard is being created which will reduce allowed building
areas or otherwise restrict the development capacity of a specific property. On the contrary, the
incentives allow greater development and intensity of development of a particular site which
increase the utility and may benefit value of an existing building by allowing reconfiguration of
uses. However, the income-limitation requirements for homes constructed with the incentives
will reduce individual home costs and may prevent valuation increases for a building as a whole.
The AHO amendments may increase motivation for redevelopment of underdeveloped properties
by landowners who seek to increase the utility of their property in such a strong economic market
as exists in the city. With the Neighborhood Conservation Overlay District (NCOD), which does
not change with the AHO, the standards of the NCOD continue to apply. Adaptive reuse and
renovation of existing buildings is allowed and encouraged in the NCOD and the proposed AHO
may facilitate such for some existing buildings. With or without the AHO amendments, it is
anticipated that the value of land and new buildings would increase under naturally occurring
redevelopment of underdeveloped properties over time.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
This criterion is met. The zoning map and future land use map of the BCP growth policy identify
areas where specific uses are generally deemed appropriate. However, both occur at a broad level
of detail and do not authorize construction. The proposed amendments do not alter the zoning map.
Both residential and most non-residential districts contain the opportunity for housing construction
in some form. The proposed amendments allow townhouse and rowhouse development in the RS,
R-1 and RMH districts and allow housing on the ground floor of buildings in the M-1 light
manufacturing district. As noted above, duplexes are required to be allowed in all districts where
a single home is allowed. The addition of the “missing middle” townhouse/rowhouse-type of
housing in the RS, R-1 and RMH districts and the expansion of residential uses in the M-1 districts
are consistent with the following BCP growth policies.
Goal N-1: “Support well-planned, walkable neighborhoods.”
N-1.1. Promote housing diversity, including missing middle housing.
N-1.2 --“Increase required minimum densities in residential districts.”;
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N-1.11--“Enable a gradual and predictable increase in density in developed areas over time”;
Goal N-3: “Promote a diverse supply of quality housing units”.
Policy N-3.1—"Establish standards for provisions of diversity of housing types in a given
area.”
N-3.3 Encourage distribution of affordable housing units throughout the City with priority
given to locations near commercial, recreational, and transit assets.
N-3.7— “Support compact neighborhoods, small lot sizes, and small floor plans, especially
through mechanisms such as density bonuses.”
N-3.8— “Promote the development of “Missing Middle” housing (side by side or stacked
duplex, triples, live-work, cottage housing, group living, rowhouse/townhouses, etc.) as one of
the most critical components of affordable housing.”
EE-1.4-- Support employee retention and attraction efforts by encouraging continued
development of affordable housing in close proximity to large employers.
The proposed AHO ordinance positively addresses these growth policies and does not change the
zoning map or the BCP future land use map (FLUM). Therefore, the criterion is met.
PROTEST NOTICE FOR ZONING AMENDMENTS
In the case of written protest against the proposed zoning text amendment to Division 38.380 of
the Bozeman Municipal Code, protests signed by the owners of 25% or more of the area of the
land within the amendment area or those lots or units within 150 feet from land directly impacted
by a proposed change, the amendment shall not become effective except by the favorable vote of
two-thirds of the present and voting members of the City Commission.
The City will accept written protests from property owners against the proposal described
in this report until the close of the public hearing before the City Commission. Pursuant to
76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area
affected by the proposal or by owner(s) of real property that lie within city limits affected by the
proposal. The protest must be in writing and must be signed by all owners of the real property. In
addition, a sufficient protest must: (i) contain a description of the action protested sufficient to
identify the action against which the protest is lodged (including the application number, 24055);
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and (ii) contain a statement of the protestor’s qualifications (including listing all owners of the
property and the physical address), to protest the action against which the protest is lodged,
including ownership of property affected by the action. Signers are encouraged to print their names
after their signatures. A person may in writing withdraw a previously filed protest at any time prior
to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk,
121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
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APPENDIX A – DETAILED BACKGROUND AND PROJECT DESCRIPTION
Revisiting the 2022 AHO
After two years’ experience with the current incentive program, in the summer of 2024, at the
direction of the City Commission, staff began a series of meetings to engage the public and
citizen advisory boards on the AHO in response to public comment.
• August 5, 2024 – Community Development Board
• August 7, 2024 – Economic Vitality Board
• August 8, 2024 – Inter-Neighborhood Council
• August 12, 2024 – Community Development Board Special Meeting
• August 20, 2024 – City Commission Work Session
• October 21, 2024 – Affordable Housing Ordinance Open House
• December 4, 2024 – Economic Vitality Board
The City Commission held a work session on August 20, 2024, to discuss the affordable housing
incentives of AHO No. 2105 to see if they need to be bolstered or adjusted to provide affordable
housing that that meets the needs of the city’s low-income households while being compatible
with the community. During the work session on the AHO, the City Commission asked staff to
propose revisions falling into three categories:
1. Administrative changes to provide clarity in its application;
2. Enhancements to better incentivize the voluntary creation of new affordable housing units;
and
3. Amend or remove the “deep” incentives in response to current market conditions and
substantial public feedback (link to work session video).
The Commission’s discussions can be found in the following link to the video of that session
beginning at 5:05 of the session.
In response to City Commission direction, staff proposes to repeal and replace the existing
affordable housing regulations of Section 38.380 of the Unified Development Code (UDC) to
positively address issues and concerns with the previous AHO incentives and to respond to current
market forces since AHO 2105 was implemented in 2022. Typical housing input variables that
have changed since the adoption of the AHO include the costs of land, labor, materials, financing,
design and approvals, infrastructure costs, taxes, permitting fees and review times. Other variables
include the timing of when multiple new residential developments come onto the market and can
be “absorbed” by households seeking new accommodations, as well as the increase in demand for
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rental housing by households earning less than the Bozeman Area Medium Income (AMI). This
AHPO is not for “for sale” housing.
Proposed Affordable Housing Ordinance Incentives
The proposed Affordable Housing Ordinance is a proposal to amend the land use regulations of
Chapter 38 of the Bozeman Municipal Code (BMC) in support of affordable housing production.
The proposed amendments will affect land use, residential density, building height and design, and
parking standards for targeted residential and mixed-use districts. The amendment applies to new
development and applies to projects undergoing development review under Chapter 38 of the
City’s Unified Development Code (UDC).
The amendment would repeal UDC Division 38.380, Affordable Housing, in its entirety and would
replace it with a new set of standards addressing (1) incentives to build below-market-rate
affordable dwelling units in the city; (2) criteria and qualifications for the granting of the
incentives; (3) clarification of administration of the affordable housing program; (4) extension of
the duration of affordability for subject dwellings from thirty (30) years to fifty (50) years; (5)
establishing the minimum percentage of affordable dwellings per project and the maximum rental
rate measured by the Bozeman Area Median Income (AMI); and (6) establishing four (4) options
of non-cash financial incentives to produce below-market-rate affordable dwellings in the city.
Please see Appendix B for a comparison of the current and proposed AHO incentives and
Attachment A for a link to the entire proposed revised AHO ordinance and Attachment B for a
link to the current Affordable Housing Ordinance No. 2105.
The current AHO offers two types of incentives: Shallow Incentives and Deep Incentives. The
proposed AHO re-names and amends the two types of incentives as Type A Incentives, Type B
Incentives and creates a third set of incentives, called Type C Incentives, and creates a fourth
option called Off Site Contribution in which a developer utilizing incentives may request to pay
cash-in-lieu to the affordable housing fund or donate buildable land to the city for the production
of affordable housing rather than provide the affordable units on-site within the development. The
city may establish administrative procedures the application and implementation of a cash-in-lieu
program. The city must use all cash-in-lieu funds to support the creation or preservation of
affordable dwellings.
The proposed AHO addresses these changes in housing demand and market inputs with the goal
of balancing the economics of producing housing by the private sector, including where affordable
land for such housing can be acquired, with the goal of preserving the overall zoned character of
the “receiving” area while achieving a supply of long-term affordable housing and promoting the
public health, safety, and welfare.
To respond to current market forces, community goals, and Commission direction, Division
38.380 is being replaced in its entirety. Other sections, such as the parking Section
38.540.050.A.1.b and definitions Division 38.700.170.S, which are affected by the revisions, are
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being amended to match up with the revised incentives-based approach and to clarify related
wording.
For more details, see Appendix B of this staff report for a summary of the proposed incentive
changes and see Attachment A on page 64 for a link to the full text of the proposed AHO
Ordinance.
Elements of the proposed amendments include:
1. Repeal Division 38.380, Affordable Housing, in its entirety. Replace with a new Division 38.380, Affordable Housing, changing the incentives provided for creation of affordable
housing. The amendments are required by and consistent with recent changes in state law.
The new wording describes how and when incentives can be used, how the program is
administered, and what incentives are provided. Incentives are applicable to rental housing
only; the AHO addressing “for sale” dwelling units will be proposed at a later date.
These rental housing incentives include, but are not limited to, more permissive form and
intensity standards such as increased building height and density, decreased lot sizes, lot
widths and lot coverage, and decreased parking requirements.
2. The amendments remove references to the former affordable housing standards in the
Section 38.700, Definitions, to revise the definition of “affordable home” to “affordable
dwelling” and repeal the definition of “affordable housing” and “yield street”.
For a comparison of the current (2022 AHO No. 2105) with the proposed AHO incentives, please
see Appendix B.
The proposed AHO would replace BMC Division 38.380 with a new set of standards addressing:
(1) incentives to build below-market-rate affordable rental dwelling units in the city;
(2) criteria and qualifications for the granting of the incentives;
(3) clarification of administration of the affordable housing program;
(4) extension of the affordability period for subject dwellings from thirty (30) years to fifty
(50) years;
(5) establishing the minimum percentage of affordable dwellings per project and the
maximum rental rate allowed measured by the Bozeman Area Median Income (AMI); and
(6) establishing options of off-site land dedication or cash-in-lieu alternatives as a means
of meeting the affordable housing required to use the incentives (see Attachment A on page
64 for a link to the proposed AHO).
The proposed AHO seeks to provide land use incentives through additional building height,
reduced lot size, width, lot coverage and residential density standards, reduced parking, allowing
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two-unit townhomes and rowhouses in R-1, RS and RMH zoning districts, expanded allowance
for housing in M-1 light manufacturing districts as an accessory or principal use, among other
incentives in exchange for providing affordable rental housing at 60% or 80% of AMI for 50 years
(see Appendix B for a summary of incentives).
This 2025 AHO update does not address for-sale dwelling units; that aspect of affordable housing
will be proposed in a later amendment.
Current severely limited housing opportunities within the city negatively impacts economic
development, transportation networks, and sustainability. Affordable housing needs must be
addressed to maintain a sufficient resident workforce in all fields of employment, and to ensure
the public safety and general welfare of the residents of the city. However, with the limited
financial resources available to the city, and the regulatory constraints placed upon the city by the
State Legislature, the target of producing affordable housing of all types is difficult to achieve.
The proposed AHO utilizes all the zoning code incentives available that are balanced by current
market conditions, including (1) the type and location of buildable lands that can accommodate
urban scale housing and can connect to city infrastructure; (2) the type and rental rate of housing
that can satisfy local demand; (3) financial institution’s lending policies; and (4) and the scale of
risk and required return on investment that the private sector is willing to take.
Several reports, studies, and plans document the city’s housing needs, including the 2019
Community Housing Needs Assessment, the 2021 Unified Development Code Affordable Housing
Assessment (Clarion Report), the 2020 Community Housing Action Plan, the 2021 Root Policy
Research Feasibility Analysis of Certain Development Incentives in Exchange for Affordable Units
in Bozeman, the 2021 One Valley Community Foundation “A Seat at the Table” Report, the 2024-
2028 Bozeman Fair Housing Plan, and the 2021 Gallatin County Regional Housing Study. Each
of these studies document the need for housing and the challenges in providing housing at costs
affordable to residents. The City of Bozeman evaluated and implemented many different
approaches over the years with limited success compared to the need. The current work continues
the City’s efforts and commitment to practical and achievable actions, within the City’s control,
to support creation of housing and specifically housing at lower (below market-rate) rents. The
issue remains very challenging. The tools available to Bozeman are limited, especially compared
with the scope of the challenges. The suggested actions will not solve all the issues; however, they
represent important tools to advance incremental progress.
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Policy Background
The recent pandemic amplified existing housing and work trends, and housing prices have greatly
increased over the past three years. An article by Tim Ford in the May 1, 2022, Bozeman Magazine
shows median single home sale prices in the Bozeman area increasing over the first quarter 2020
to first quarter 2022 by $389,000. This is an increase of 76% in two years. The following year the
median sales price in 2023 had increased an additional $10,500 showing a continued elevation in
location housing prices. Average sale price remained over a million dollars in the same time
horizon.
Chapter 1 of the Bozeman Community Plan 2020 includes a section titled “To Grow Or Not To
Grow, If So, How?” This section considers the question of whether or not the City should continue
policies encouraging development within City limits. Several different related issues are discussed,
and the section concludes that construction within the City is a better outcome.
Affordable housing is a long-standing community concern. It was first addressed in the 1972
Master Plan for the community and then all subsequent community land use plans. Several reports,
studies, and plans including the Community Housing Action Plan and the One Valley Community
Foundation, Gallatin County Regional Housing Study, document the needs for housing and the
challenges in providing housing at costs affordable to residents. The state legislature has limited
the tools the city has to support affordable housing construction. The city is required to use
incentives to encourage construction rather than mandating the construction of affordable housing.
The proposed ordinance places an increased emphasis on affordable housing as a public benefit in
exchange for the flexibility allowed through the updated Division 38.380.
The city has many ongoing efforts to support creation of housing overall including:
o supporting and completing infrastructure construction,
o primarily of-right development review except where required by state law,
o use of tax increment financing in support of housing,
o general fund support for affordable housing projects, and
o many others.
The city consistently reviews and updates its regulations to keep them relevant and effective.
Over the past 20 years, the city has increased allowed development intensity and removed
possible cost barriers by the following and other actions:
• reduced standards such as land area per type of home by up to 60%,
• reduced setbacks from property lines by as much as 58%,
• removed requirements for minimum home sizes,
• increased maximum allowed heights,
• authorized accessory dwellings for all residential zoning and reduced standards related to
accessory dwelling several times,
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• simplified landscaping standards and encouraged lower water use plantings,
• approved dozens of zone map amendments to allow more intensive uses, and
• simplified review processes.
• flexible zoning districts that allow for a wide range of housing types
Despite this work, the cost of housing has continued to escalate, especially compared to wages.
There has been continuing high demand for housing from across the nation. This was particularly
reinforced during the pandemic. Bozeman’s growth into a metropolitan statistical area has also
expanded our profile and brought attention from firms and persons who may not otherwise have
considered locating here. This demand has supported increased housing costs.
Home prices are keyed to the Area Median Income (AMI). AMI is established each year by the
U.S. Department of Housing and Urban Development. AMI is a standard measure used for many
functions including determination of housing affordability. A home is considered affordable if a
household pays 33% or less of its income for housing. AMI is the amount of money where half of
the households earn more and half less in the county. The AMI includes adjustments for
households with more or fewer members.
The gap between cost of construction and wages is not limited to Bozeman city limits. The One
Valley Community Foundation prepared a housing study in 2021 looking at the entire county and
affordable housing issues. Across all housing types and locations, they found consistent gaps in
available wages and cost of construction. The following image is from that report.
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There are no regulations that have such impact that their removal could be even close to offsetting
such large increases in home prices and capital gaps between wages and cost of construction. The
city can, and is, examining what it does control to identify such incremental improvements as may
help.
Unified Development Code Revisions to Support Housing Affordability
In 2021, the city initiated a two-year process to revise its unified development code to remove
barriers to housing creation. To do so, the City retained Clarion and sub consultants to review the
City’s land use regulations. The scope of work included a code audit of the entire UDC, the
creation of administrative departures to facilitate housing creation, the replacement of the planned
unit development (PUD) process with a new streamlined planned development zone (PDZ) process
and, finally, a replacement of the affordable housing ordinance. This work was supported by
multiple public outreach efforts including but not limited to:
April 20, 2021, outreach to the development community
April 26, 2021, joint meeting of the planning board and zoning commission
May 12 and September 8, 2021, meetings of the community affordable housing advisory
board
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September 15, 2021, Neighborhoods outreach meeting
March 1, 2022, City Commission Policy Discussion
After an open public process with several public events, Clarion provided a report with
recommendations of possible regulatory changes. The City Commission considered that report on
March 1st and directed staff to begin drafting amendments to regulations. Commission materials
[external link] for the March 1st meeting are available online through the City’s archive.
Materials in the Commission packet included the staff memo, financial feasibility analysis of the
suggested incentives for affordable housing, and the Clarion housing assessment report. The public
review process for the individual ordinance followed required procedures for public notice,
meetings, and hearings providing multiple opportunities for interested persons to meaningfully
comment and participate.
The first of the amendments to move forward was the Housing Departures for Housing Creation
text amendment, Ordinance 2111. Ordinance 2111 completed final adoption on June 28, 2022. The
effective date of the ordinance is July 28, 2022. The second amendment was a replacement of
Division 38.430, Planned Unit Development, and associated amendments to other sections. The
Commission held a public hearing on Ordinance 2104 on July 12, 2022, and directed an
amendment before moving forward. Final adoption of Ordinance 2104 occurred on Sept 27, 2022.
The City Commission also adopted a replacement for the previous affordable housing ordinance
pursuant to Ordinance 2105. The Commission held a public hearing on Ordinance 2105 on August
23, 2022, with final adoption on October 27, 2022, and an effective date of November 26, 2022.
The new affordable housing Ordinance used non-cash financial incentives through the unified
development code as a voluntary incentive to create affordable housing. This work was
necessitated by passage of House Bill 259 by the 2021 state legislature which forbid the city to
require construction of affordable housing.
Since the passage of HB 259, the city is required to use incentives to encourage construction rather
than mandating the construction of affordable housing. The current and proposed AHO places an
emphasis on affordable housing as a public benefit in exchange for the flexibility allowed through
the AHO incentives.
Following the passage of House Bill 259, the City Commission sought to replace the city’s
Affordable Housing Ordinance (AHO) with one that does not require any of the actions prohibited
by House Bill 259. Instead, the new AHO offered non-cash but realistic financial incentives to
property owners and developers willing to construct housing at levels of affordability consistent
with the housing needs and goals identified in the City’s Community Plan, the Community
Housing Needs Assessment, and the Community Housing Action Plan. The current Affordable
Housing Ordinance (AHO) was adopted in 2022 by Ordinance 2105, pursuant to the city’s self-
governing powers, the city’s zoning authority, and the City’s police power to protect public health,
safety, and general welfare. The current AHO provides a suite of incentives to developers who
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include below-market rental or for-sale units within their residential or mixed-use development.
These incentives include (1) reduced or exemption from on-site parking for all dwelling units
within the development, (2) reduced lot size, (3) increased residential density, (4) additional
building height, (5) townhouse and rowhouse project allowed in lower density R-1, RS and RMH
residential districts, (6) concurrent construction allowance, (7) reduced street widths, and (8)
relaxed building design standards.
Modeling Non-Cash Financial Incentives
One of the main reasons why housing is expensive is because land remains expensive. When State
or local laws restrict adding more housing units on the same amount of land, buildable land
becomes scarcer, demand goes up, and homes become more expensive. In most development
projects, land costs are the largest single expense alongside the cost of construction materials,
labor, design, and financing. This cost ends up playing a major role in determining the viability
of a development project and whether it will move forward.
Developers can only build affordable housing or include affordable units within their development
if they can anticipate a suitable return on their time and financial investment. They need to be
offered either cash or non-cash financial incentives to produce the affordable units. Cash
incentives can include direct cash subsidies to the developer, tax credits used for other income
sources, reduced impact fees or infrastructure fees. Non-cash financial incentives typically focus
on allowing more housing unit per unit of land because it spreads the cost of land, design,
permitting, materials, labor, financing, and infrastructure across a larger number of units, resulting
in a lower per-unit cost. The lower per-unit cost allows the affordable unit to be rented below-
market. As noted above, the non-cash financial incentives include exemptions from zoning
regulations and standards that limit the number of dwelling units per land area. These can include
lot area, lot coverage, lot width, lot size/density limits, building height, parking requirements, open
space requirements, and some land use limits such as the type of housing permitted within a
particular zoning district.
In 2022, the City of Bozeman engaged Clarion Associates and their sub-consultant, Root Policy
Research, a firm specializing in housing economics, to propose changes to the unified development
code (UDC) to use non-cash financial incentives through the development code to incentivize the
production of community housing units. An appropriate way to evaluate any incentive is to apply
a “but for” test: The incentive must enhance the feasibility of providing affordable housing units
that would not be financially feasible “but for” the application of the incentive. The team developed
prototype proformas of for-sale and rental housing types from single household detached housing
units to multi-household units based on regional housing prototypes and costs, market data and
interviews. These proformas create base case scenarios for evaluating the financial feasibility of
affordable housing production within existing code. The consultants modeled the following base
case scenarios:
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• 3-story rental residential with standard parking requirements (2.0 spaces for a 2-bedroom
unit);
• 3-story multifamily condo development with standard parking requirements (2.0 spaces for
a 2-bedroom unit)
• For-Sale townhomes with a 3,000 square foot lot size
• Single-household units with a 4,000 square foot lot size
The UDC currently allows for these base case scenarios in applicable zoning districts, where
townhomes and multi-household, respectively, are currently allowed.
The consultants applied code incentives to these base case scenarios to see how the incentives
change the feasibility of providing affordable housing units. These incentives constitute a bonus
on what is currently allowed by the code. The proposed code changes include the following
incentives:
• Reduced lot size requirements
• Reduced parking requirements
• Increased building height allowances
The consultants adjusted the base case scenarios by allowing smaller lot sizes, increased building
heights, and/or parking reductions in exchange for the inclusion of income-restricted, affordable,
units in the development. They evaluated the impact of these bonuses on project feasibility and
projected the percentage of affordable housing units these incentives would facilitate that would
likely not exist “but for” the incentive. Root modeled these base case scenarios in 2021 and
updated the same scenarios based on 2024 construction costs and AMI data. Root Policy
Research’s, “Bozeman AHO Analysis for Shallow Incentives—Market Conditions Update”
(2024). Clarion found that incentives that would ordinarily enhance affordability had only modest
impact in the Bozeman market. Yet, long-term affordable housing units remain community assets
and every unit counts. Based on these projects Staff and Clarion recommended the creation of the
Shallow Incentives. The 2022 Shallow Incentives and the proposed Type A incentives are based
on the analysis by Root Policy Research.
Type A Incentives (replacement for shallow incentives)
The new Type A incentives constitute a replacement for the shallow incentives and are based on
the updated 2024 financial analysis (attached) conducted by Root Policy Research.
Type A Incentives:
• 5% of Rental Units up to 80% AMI for single-household detached and single-household
attached dwelling units.
• 5% of Rental Units up to 60% AMI, or 8% of units up to 80% AMI for apartment buildings.
• Smaller single detached and townhome lots
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• Multi-household buildings get 1-2 stories taller with lower parking requirements.
These Type A Incentives are designed to allow the market to produce long-term affordability with
a range of housing unit types without the provision of cash or another subsidy.
Type B and Type C Incentives (replacement for Deep Affordability Incentives)
In 2022, Clarion recommended larger code-based incentives for developments that produced
affordability well-beyond what the market would produce with code-based incentives alone. These
projects, like GMD’s Arrowleaf and Perennial Park low-income housing tax credit (LIHTC - “Li-
Tech”) development and the Bridger View development near Story Mill Park, produced
affordability in 50% or more of their units by harnessing federal monetary subsidy, social impact
investing, and private philanthropy. In exchange for this depth of affordability, Staff and Clarion
recommend the creation of what became the Deep Incentives.
Based on public participation and policy direction from the Bozeman City Commission staff is
revising the deep incentives and proposing two new types of incentive, the Type B Incentives, and
the Type C incentives to replace them.
Type B Incentives (replacement for deep incentives)
• Height allowed by the underlying zoning district or 4 stories, whichever is less;
• 0.25 space per dwelling parking requirement.
Type C Incentives (replacement for deep incentives)
• 1-4 story height bonus, depending on zoning district;
• 0.5 space per dwelling parking requirement.
Given the massive public and private incentives required to produce deep affordability, Staff
believes providing more significant incentives are appropriate, and likely necessary, to make more
projects like these possible.
While the legislature prohibited requiring affordable housing, state law does allow communities
to provide incentives to encourage creation of affordable housing. The incentives provided in the
new Division 38.380 of the ordinance, occur in three tiers. See proposed section 38.380.040
beginning on page 11 of the ordinance for details. Developments providing a greater number of
dwellings meeting rent rates have additional incentives. The incentives apply throughout the
entirety of a development including qualifying residential buildings, even if some buildings in the
development contain no price limited dwellings. The provisions of 38.380 do not affect other
incentives or tools the City has to support affordable housing, like direct funding.
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City Initiatives to Support Housing Affordability
The current project is a continuation of a long series of efforts in support of producing affordable
housing. The city works hard to leverage opportunities and partnerships that can help carry forward
housing production and especially housing for the least advantaged. These efforts include but are
not limited to:
• Regular analysis of housing needs and creation of housing action plans to identify tools
and options for housing, most recently the Community Housing Action Plan;
• Direct financial support from general funds for multiple affordable housing projects;
• Financial support for homebuyer education and down payment assistance;
• Accommodating new annexations to provide land for housing;
• Supporting rezonings for in-fill development of housing near transit;
• Flexible zoning districts that allow for a wide range of housing combinations;
• Administrative of-right reviews of most development to provide certainty to the public and
development communities;
• As noted above, many zoning code revisions have been made over the past 20 years; and
• Infrastructure (e.g. streets, water, and sewer) planning and construction support to avoid
delays in being able to bring homes to production and be cost effective in installation and
operation of essential services.
As noted earlier, the city’s first inclusionary zoning policy was adopted in 2007 by Ordinance No.
1709, but it was placed “on hold” until 2012. Other actions included over the years:
• 2015 by Ordinance 1922, the City Commission replaced the 2007 Inclusionary Zoning
provision;
• 2016 by Ordinance 1930, a revision to implement Ord. 1922;
• 2017, by Ord. 1980 to remove condominiums from Inclusionary Zoning (IZ) requirements;
• 2019 by Ord. 2012, to revise IZ standards;
• 2021, the Montana State Legislature adopted House Bill 259 which prohibits local
governments from requiring housing fees or the dedication of real property for the purposes
of providing housing for specified income levels or sale prices, and which prohibits zoning
regulations that require housing fees or the dedication of real property for the purposes of
providing housing for specified income levels or sale prices. In other words, they
prohibited Inclusionary Zoning;
• 2022, Ord. 2104 replaced Planned Unit Development with Planned Development Zones,
one of which was to produce affordable housing; and
• 2022, Ord. 2105 (current Affordable Housing zoning) established non-cash financial
incentives to developers who provide affordable housing.
In addition to the above zoning non-cash financial incentives, the City continues its financial
support for creation of housing, including, among others:
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• Supporting and completing infrastructure construction such as roads, water, sanitary sewer,
and stormwater systems to accommodate urban-scale and density growth;
• Use of Tax Increment Financing in support of housing in Urban Renewal Areas;
• General fund support for the Affordable Housing Fund and for specific affordable housing
projects;
• Community Development Block Grant funds supporting housing and, in particular,
affordable housing; and
• Support of on-going studies, strategies and staffing of City Housing Programs.
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APPENDIX B: COMPARISON OF THE CURRENT AHO SECTION 38.380
DEEP AND SHALLOW INCENTIVES TO THE PROPOSED TYPE A, B
AND C INCENTIVES.
The Affordable Housing Ordinance (AHO) is a repeal and replacement of the current Ordinance
2105 which would amend the land use regulations of Chapter 38 of the Bozeman Municipal Code
(BMC) in support of affordable rental housing production. The proposed amendments will affect
land use, residential density, building height and design, and parking standards for targeted
residential and mixed-use developments. The amendment applies to new development and applies
to projects undergoing development review under Chapter 38 of the City’s Unified Development
Code (UDC) and which has not received a determination of application completeness or
“adequacy” for further review, public notice, and processing.
The AHO would replace UDC 38.380 with a new set of standards addressing (1) incentives to
build below-market-rate affordable rental dwelling units in the city; (2) criteria and qualifications
for the granting of the incentives; (3) clarification of administration of the affordable housing
program; (4) extension of the duration of affordability for subject dwellings from thirty (30) years
to fifty (50) years; and (5) establishing the minimum percentage of affordable dwellings per project
and the maximum rental rate allowed measured by the Bozeman Area Median Income (AMI); and
(6) establishing options of off-site land dedication or cash-in-lieu alternatives as a means of
meeting the affordable housing required to use the incentives.
The current AHO offers two types of incentives: Shallow Incentives and Deep Incentives. The
proposed AHO replaces the Shallow and Deep Incentives with three types of incentives: Type A
Incentives which are a variation of the Shallow Incentives, Type B Incentives which are a variation
of the Deep Incentives, Type C Incentives which are another variation of the Deep Incentives, and
two more options allow Off-Site Land Donations and Cash-in-Lieu Contributions to satisfy the
affordable dwellings for projects utilizing Incentives.
The following section compares the current Shallow and Deep Incentives to the proposed Types A, B and C Incentives.
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CURRENT Table 38.380.020-2: Affordable Homes Required Shallow Incentives
Minimum
Percentage of
Homes
Maximum Percentage of AMI Duration
Rental
Dwellings
For-Sale
Dwellings
(includes
condominiums)
Type of Housing
Single-
Household
Detached
Dwelling
=>5% 80% of AMI 120% of AMI =>30 years
Single-
Household
Attached
Dwelling
=>5% 80% of AMI 120% of AMI =>30 years
Multi-
Household
Dwelling
=>5% 80% of AMI 120% or AMI =>30 years
PROPOSED Table 38.380.020-1 Affordable Dwellings Required Type A Incentives
[Changes are in
highlighted text]
Minimum
Percentage of
Dwellings
Maximum Percentage of AMI Duration
Rental Dwellings
Single-Household
Detached Dwelling
All dwelling unit
types
=>5% 80% of AMI =>50 years
Single-Household
Attached Dwelling
=>5% 80% of AMI => 50 years
Multi-Household
Dwelling
=>5% or,
=>8%
60% of AMI
80% of AMI
=> 50 years
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I. Comparison of Shallow Incentives to proposed Type A Incentives
1. Single household Detached Dwelling Units
Shallow Incentives (existing)
For each single household detached dwelling a minimum lot size of 3,000 square feet, or 2,500
square feet, if the applicant demonstrates that all applicable city regulations related to lot
development, access and utilities can be met.
Proposed Type A Incentives [no change proposed]
For each single household detached dwelling a minimum lot size of 3,000 square feet, or 2,500
square feet, if the applicant demonstrates that all applicable city regulations related to lot
development, access and utilities can be met.
2. Dwellings in attached townhome or rowhouse buildings.
Shallow Incentives (existing)
For each single household attached dwellings (townhouse or rowhouse), a minimum lot size of
2,200 square feet (sf), or 1,800 sf, if the applicant demonstrates that all applicable city regulations
related to lot development, access and utilities can be met.
Proposed Type A Incentives (New incentives are underlined).
1. For single-household detached dwellings, a minimum lot size of 3,000 square feet.
Alternatively, if the applicant demonstrates that all other applicable city regulations related to
lot development, access, and utilities can be met, a minimum lot size of 2,500 square feet is
allowed.
2. For each single household attached dwelling (townhouse or rowhouse)
a. A minimum lot size of 2,200 sf or 1,800 sf if the applicant demonstrates that all
applicable city regulations related to lot development, access and utilities can be met.
b. No minimum lot width, maximum lot coverage or maximum floor area ratio
requirement if the applicant demonstrates that all applicable city regulations related to
lot development, access and utilities can be met.
c. A townhouse or rowhouse development that includes only dwellings of 1,200 square
feet or less of livable square footage is exempt from a minimum on-site parking
requirement but may provide one parking space located within a driveway area in the
required front setback, provided that the building in which the dwellings are located is
three or fewer stories in height.
d. In addition to the above incentives, a townhouse or rowhouse cluster with four or fewer
attached homes that includes only dwellings of 1,200 livable square feet or less in size
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is exempt from the following: Minimum lot size; Lot coverage; Floor area ratio; Lot
area per dwelling unit density standard; Lot width; and Minimum parking requirement.
e. For affordable housing developments in R-3 districts, nine (9) additional feet of
height, provided that if the development is adjacent to a lower intensity residential
zoning district, the transition height setback provisions of 38.320.060.B apply.
f. For affordable housing developments in R-4 districts, five (5) additional feet of height,
provided that if the development is adjacent to a lower intensity residential zoning
district, the transition height setback provisions of 38.320.060.B apply.
3. Multi-household dwellings and dwellings in mixed-use buildings.
Shallow Incentives (existing)
For multi-household dwellings and mixed-use buildings:
a. Ten percent reduction in lot area for applicable dwelling type in Table 38.320.030.A.
b. One additional story of height (maximum 15 feet per story) beyond that allowed in the
RS, R-1, R-2, R-3, RMH, R-4, R-5, R-O, NEHMU, and B-1 zoning districts.
c. Two additional stories of height (maximum 15 feet per story) beyond that allowed in
the UMU, REMU, B-2, B-2M, and B-3 zoning districts.
d. Minimum vehicle parking requirement of one stall per dwelling for all districts other
than B-3 and bicycle parking standards and requirements of 38.540.050 still apply.
e. Minimum vehicle parking requirement of 0.75 stall per dwelling for B-3 district;
bicycle parking standards and requirements of 38.540.050 still apply.
f. Townhouses and rowhouses (two attached units) are principal uses in the R-1, RS, and
RMH zoning districts.
Proposed Type A Incentives [New incentives are underlined deleted text is struck-
through.]
For multi-household dwellings and mixed-use buildings:
a. In all zoning districts:
i. The residential off-site parking standards of 38.540.070.A may be expanded up
to 1,000 linear feet from the commonly used entrance to the residential building.
ii. Up to 80% of the residential open space requirements of 38.520.060 may be
met by providing private balconies provided every affordable dwelling is
provided a balcony and access to a ground floor common open space is
provided for all residents.
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Ten percent reduction in lot area for applicable dwelling type in Table
38.320.030.A.
b. For affordable housing developments in the RS, R-1, R-2, R-3, RMH, R-4, R-5, R-
O, NEHMU, and B-1 districts, one additional story of height (maximum 15 feet per
story), provided that if the development abuts a lower intensity residential district,
the transition height setback provisions of 38.320.060.B apply.
c. For affordable housing developments in the UMU, REMU, B-2, B-2M, and B-3
districts, two additional stories of height (maximum 15 feet per story), provided
that if the development is adjacent to a lower intensity residential zoning district,
the transition height setback provisions of 38.320.060.B apply.
d. Minimum motor vehicle parking requirement of one space per dwelling for all
districts other than B-3; however, the bicycle parking standards and requirements
of 38.540.050 remain applicable.
e. Minimum motor vehicle parking requirement of 0.75 stall per dwelling for B-3
district; however, bicycle parking standards and requirements of 38.540.050 remain
applicable.
f. For affordable housing developments in R-3, R-4, R-5, R-O and RMH, the
minimum area per dwelling standards in Table 38.320.030.A do not apply.
g. For the M-1 zoning district:
i. An apartment building in an M-1 zoning district is a principal use and
the prohibition on locating residential uses on the ground floor of an
apartment building in M-1 zone in Table 38310.040.C does not
apply.
ii. In determining the maximum allowable residential square footage of
a development in M-1, Table 38.310.040.C fn6 is calculated for the
development as a whole rather than per individual buildings.
h. Townhomes & rowhouses (two attached units) are principal uses in the TR-1,
RS and RMH zoning districts.
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II. Comparison of current Deep Incentives versus proposed Type B Incentives
Changes are highlighted. Note that various elements of the Deep Incentives of the current AHO
are divided into the two new types of incentives in the proposed update: Types B and C.
CURRENT Table 38.380.020-1 Affordable Homes Required for Deep Incentives
Minimum
Percentage of
Homes
Maximum Percentage of AMI Duration
Rental
Dwellings
For-Sale
Dwellings
(includes
condominiums)
Type of Housing
Single-
Household
Detached
Dwelling
=>50% 80% of AMI 120% of AMI =>30 years
Single-
Household
Attached
Dwelling
=>50% 80% of AMI 120% of AMI =>30 years
Multi-
Household
Dwelling
=>50% 80% of AMI 120% or AMI =>30 years
Proposed Table 38.380.020-2 Affordable Dwellings Required for Type B or C Incentives
Changes are
highlighted
Minimum
Percentage of
Dwellings
Maximum Percentage of AMI Duration
Rental Dwellings
All dwelling unit
types.
Single-Household
Detached
Dwelling
=>50% 80% of AMI => 50 years
Single-Household
Attached Dwelling
=>50% 80% of AMI =>50 years
Multi-Household
Dwelling
=>50% 60 % of AMI =>50 years
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Current Incentives for Table 38.380.020-1-- Deep Incentives. If the developer
proposes to construct affordable homes that meet the standards in Table 38.380.020-1 in the same
geographically contiguous development as market rate homes, the developer may apply the
following incentives to all primary buildings in the development in which 50 percent or more of
the gross floor area contains residential uses:
1. For single household detached dwellings:
a. Minimum lot size of 2,000 square feet (sf); or 1,600 sf if the applicant demonstrates
that all applicable city regulations related to lot development, access and utilities can
be met.
b. No minimum lot width requirement above that necessary for access and utilities if the
applicant demonstrates that all applicable city regulations related to lot development,
access and utilities can be met.
c. Off-street parking requirement of one space per dwelling.
d. Concurrent construction of infrastructure and dwellings per 38.270.030 is allowed.
2. For single household attached dwellings (townhouses and rowhouses):
a. Minimum lot size of 1,600 sf; or 1,400 sf if the applicant demonstrates that all
applicable city regulations related to lot development, access and utilities can be met.
b. No minimum lot width requirement if the applicant demonstrates that all applicable
city regulations related to lot development, access and utilities can be met.
c. Off-street parking reduction to one space per dwelling.
d. Concurrent construction of infrastructure and housing per 38.270.030 is allowed.
3. For multi-household dwellings and mixed-use buildings:
a. One additional story of height (maximum 15 feet per story) beyond that allowed in the
RS, R-1, R-2, R-3, or RMH zoning districts.
b. Two additional stories of height (maximum 15 feet per story) beyond that allowed in
the R-4, R-5, R-O, NEHMU, and B-1 zoning districts.
c. Four additional stories of height (maximum 15 feet per story) beyond that allowed in
the UMU, REMU, B-2, B-2M, and B-3 zoning districts.
d. No minimum on-site vehicle parking requirement, but bicycle parking standards and
requirements of 38.540.050 still apply.
e. Townhouses* and rowhouses* (two attached units) in the R-1, RS, and RMH zoning
districts.
f. Exemption from each of the following for buildings containing dwellings, unless an
alternative standard is provided in this division:
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(1) Minimum lot size, lot area per dwelling units, and lot width requirement in all
zoning districts.
(2) Section 38.510.030.E to J block frontage standards, provided that vehicle parking
is prohibited between the front or side of a principal building and a public or private
street;
(3) Section 38.530.040.E maximum façade width standards;
(4) Section 38.530.040.F roofline modulation standards;
(5) Section 38.530.050 building detail standards; and
(6) Section 38.530.060 building material standards.
(7) Concurrent construction of infrastructure and housing per 38.270.030.
4. Developments subject to 38.380 may use yield streets without requirement for
additional zoning review requirements beyond that for the development within which
the yield street will be used. A yield street has the following characteristics:
a. Forty-foot right-of-way with two-way dedicated travel in a 16-foot advisory yield zone
for motor vehicles and five-foot walkways outside on either side.
b. Staggered seven-foot-wide parallel parking spaces which may include chicane style
streetscape for varying width of paved area.
c. No parking in front of private property that blocks access to property adjacent to the
street.
d. Passing areas every 100 feet minimum for sight line assurance and yielding capabilities.
Passing pullout areas to be not less than 25 feet long. Driveway accesses may serve as
passing areas.
e. Snow management plan, including enforcement provisions, must be provided during
initial development review.
(1) No snow storage in passing areas;
(2) Adequate storage areas or removal methods must be provided to address two 25-
year storms.
f. Stormwater must be managed within the right-of-way unless an alternate method
compliant with municipal standards is provided.
g. A comprehensive street signage plan must be included with initial submittal and
executed with infrastructure plans and construction including but advisory signage for
yielding to pedestrians/bikes/PTDs and other vehicle travelers.
h. The proposed design must be consistent with accessibility requirements established by
any governmental agency.
i. Design shall address inclusion of any proposed street furnishings, amenities, plantings,
etc.
j. Yield streets are exempt from the requirements of 38.550.070 for installation of street
trees adjacent to individual lots.
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k. The city may limit speeds to less than standard for a local street.
l. Maintenance must be maintained by landowners in the development unless the city
explicitly assumes responsibility. A funding mechanism equal to that for private streets
in 38.400.020 is required for private maintenance.
m. Length may not exceed 400 feet without intersecting with a street. Ends must terminate
at a street or be provided a fire code compliant turn around. A total length may exceed
400 feet if there are crossing streets with a yield street.
n. Adjacent buildings must not exceed three stories unless setup space for fire department
ladder trucks is provided adequate to access all buildings in excess of three stories.
Proposed Type B Incentives compared to the current Deep Incentives [New
incentive text is underlined, deleted text is struck-through.]
Type B Incentives allow:
1. For single household detached dwellings:
a. 2,000 or 1,600 square feet minimum lot size and no minimum lot width for single
household detached dwellings if the applicant demonstrates that all applicable city
regulations related to lot development, access and utilities can be met.
b. off-street parking required at one space per dwelling.
2. For townhouse or rowhouse dwellings:
a. 1,600 to 1,400 sf lot size and no minimum lot width if the applicant demonstrates that all
applicable city regulations related to lot development, access and utilities can be met.
b. Off-street parking requirement of one space per dwelling. A townhouse or rowhouse
development that includes only dwellings of 1,200 livable square feet or less of livable
square footage is exempt from a minimum on-site parking requirement but may provide
one parking space located within a driveway area in the required front setback, provided
that the building in which the dwellings are located is three or fewer stories in height.
c. For affordable housing developments in R-3 districts, nine (9) additional feet of height,
provided that if the development is adjacent to a lower intensity residential zoning district,
the transition height setback provisions of 38.320.060.B apply.
d. For affordable housing developments in R-4 districts, five (5) additional feet of height,
provided that if the development is adjacent to a lower intensity residential zoning district,
the transition height setback provisions of 38.320.060.B apply.
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3. For multi-household or mixed-use buildings:
For multi-household dwellings and mixed-use buildings:
a. When incentives are requested, the building height of any building in the
development is limited to that permitted in the zoning district or four stories,
whichever is less and the maximum number of dwellings in a single
building is limited to that permitted in the zoning district or 36 dwellings,
whichever is less.
b. ADA parking spaces must be provided in accordance with applicable
building codes.
c. In addition to the ADA parking required, a minimum of .25 vehicle parking
spaces per dwelling are required. One short-term parking space located at
the main building entrance must be provided and identified as a loading
zone.
d. Bicycle parking standards and requirements of 38.540.050 apply. The
number of secure bicycle racks provided must exceed or be equal to 50
percent of the number of dwellings within the development.
e. For multi-household dwellings and mixed-use buildings in all zoning
districts the minimum lot area per dwelling does not apply.
f. For the M-1 zoning district:
i. An apartment building in an M-1 zoning district is a principal use and
the prohibition on locating residential uses on the ground floor of an
apartment building in M-1 zone in Table 38310.040.C does not apply.
ii. In determining the maximum allowable residential square footage of
a development in M-1, Table 38.310.040.C fn6 is calculated for the
development as a whole rather than per individual buildings.
a. One additional story of height (maximum 15 feet floor to floor height per story) beyond
that allowed in the RS, R-1, R-2, R-3, or RMH zoning districts.
b. Two additional stories of height (maximum 15 feet floor to floor per story) beyond that
allowed in the R-4, R-5, R-O and B-1 zoning districts.
c. Four additional stories of height (maximum 15 feet per story) beyond that allowed in the
UMU, REMU, B-2, B-2M, and B-3 zoning districts.
d. No minimum onsite vehicle parking requirement, but the bicycle parking standards and
requirements of 38.540.050 still apply.
e. Townhouses & rowhouses (two attached units) [are principal uses] in the R-1, RS and
RMH zoning districts.
f. Exemption from each of the following for buildings containing dwellings, unless an
alternative standard is provided in this division:
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1. Minimum lot size, lot area per dwelling unit density standard, and lot width
requirements, as noted in subsection B.1 and 2 above.
2. Section 38.510.030.E to J block frontage standards, provided that vehicle parking
is prohibited between the front or side of a principal building and a public or private
street;
3. Section 38.530.040.E. Maximum façade width standards;
4. Section 38.530.040.F, Roofline modulation standards;
5. Section 38.530.050, Building detail standards; and
6. Section 38.530.060, Building material standards.
g. Concurrent construction of infrastructure and housing per 38.270.030.
h. Developments subject to 38.380 may use yield streets without requirement for
additional zoning review requirements beyond that for the development within which
the yield street will be used. A yield street has the following characteristics:
a. Forty-foot right-of-way with two-way dedicated travel in a 16-foot advisory yield
zone for motor vehicles and five-foot walkways outside on either side.
b. Staggered seven-foot-wide parallel parking spaces which may include chicane
style streetscape for varying width of paved area.
c. No parking in front of private property that blocks access to property adjacent to
the street.
d. Passing areas every 100 feet minimum for sight line assurance and yielding
capabilities. Passing pullout areas to be not less than 25 feet long. Driveway accesses
may serve as passing areas.
e. Snow management plan, including enforcement provisions, must be provided
during initial development review.
(1) No snow storage in passing areas;
(2) Adequate storage areas or removal methods must be provided to address two 25-
year storms.
f. Stormwater must be managed within the right-of-way unless an alternate method
compliant with municipal standards is provided.
g. A comprehensive street signage plan must be included with initial submittal and
executed with infrastructure plans and construction including but advisory signage for
yielding to pedestrians/bikes/PTDs and other vehicle travelers.
h. The proposed design must be consistent with accessibility requirements
established by any governmental agency.
i. Design shall address inclusion of any proposed street furnishings, amenities,
plantings, etc.
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j. Yield streets are exempt from the requirements of 38.550.070 for installation of
street trees adjacent to individual lots.
k. The city may limit speeds to less than standard for a local street.
l. Maintenance must be maintained by landowners in the development unless the
city explicitly assumes responsibility. A funding mechanism equal to that for private
streets in 38.400.020 is required for private maintenance.
m. Length may not exceed 400 feet without intersecting with a street. Ends must
terminate at a street or be provided a fire code compliant turn around. A total length may
exceed 400 feet if there are crossing streets with a yield street.
n. Adjacent buildings must not exceed three stories unless setup space for fire
department ladder trucks is provided adequate to access all buildings in excess of three
stories.
NEW Proposed Type C Incentives (compared with AHO Ordinance 2105 Deep
Incentives with Yield Street provision deleted. Additions are underlined and deletions are
struck-through.)
1. For single household detached dwellings:
a. Minimum lot size of 2,000 square feet; or 1,600 square feet (sf) if the applicant
demonstrates that all applicable city regulations related to lot development, access and
utilities can be met.
b. No minimum lot width requirement above that necessary for access and utilities if the
applicant demonstrates that all applicable city regulations related to lot development,
access and utilities can be met.
c. Off-street parking requirement of one space per dwelling unit.
d. Concurrent construction of infrastructure and dwellings per 38.270.030 is allowed.
2. For townhouses and rowhouses:
a. A development that proposes a single grouping of two townhouses or rowhouses are a
principal use in the R-1, RS and RMH zoning districts.
b. A minimum lot size of 1,600 sf or 1,400 sf if the applicant demonstrates that all applicable
city regulations related to lot development, access and utilities can be met.
c. No minimum lot width requirement if the applicant demonstrates that all applicable city
regulations related to lot development, access and utilities can be met.
d. Off-street parking requirement of one space per dwelling unit. A townhouse or rowhouse
development that includes only dwellings of 1,200 livable square feet or less of livable
square footage is exempt from a minimum on-site parking requirement but may provide
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one parking space located within a driveway area in the required front setback, provided
that the building in which the dwellings are located is three or fewer stories in height.
e. Concurrent construction of infrastructure and housing per 38.270.030 is allowed.
3. For multi-household dwellings, other than those in paragraph 2 above
(townhouse/rowhouse), and mixed-use buildings:
a. One additional story of height (maximum 15 feet floor to floor height per story) beyond
that allowed in the zoning districts.
b. Two additional stories of height (maximum 15 feet floor to floor per story) beyond that
allowed in the R-4, R-5, R-O and B-1 zoning districts, provided that where any building in
the development which utilizes building height incentives abuts a lower intensity
residential district, the transition height setback provisions of 38.320.060.B apply.
c. Four additional stories of height (maximum 15 feet per story) beyond that allowed in the
UMU, REMU, B-2, B-2M, and B-3 zoning districts, provided that where any building in
the development which utilizes building height incentives abuts a lower intensity
residential district, the transition height setback provisions of 38.320.060.B apply.
d. No minimum onsite vehicle parking requirement, but bicycle parking standards and
requirements of 38.540.050 still apply. ADA parking spaces must be provided in
accordance with applicable building codes. In addition to ADA parking spaces, a minimum
vehicle parking requirement of 0.5 space per dwelling is required. One short-term parking
space located at the building entrance must be provided and identified as a loading zone.
f. Bicycle parking standards and requirements of 38.540.050 still apply with the number of
bicycle racks provided must exceed or be equal to 50% of the number of dwellings within
the development.
g. For multi-household dwellings and mixed-use buildings in all zoning districts the
minimum lot area per dwelling does not apply.
h. For the M-1 zoning district:
i. An apartment building in an M-1 zoning district is a principal use and the
prohibition on locating residential uses on the ground floor of an apartment building
in M-1 zone in Table 38310.040.C does not apply.
ii. In determining the maximum allowable residential square footage of a development
in M-1, Table 38.310.040.C fn6 is calculated for the development as a whole rather
than per individual buildings.
NEW AHO Section 38.380.060, Alternatives for Land Donation and Cash-in-lieu.
As an alternative to constructing the affordable dwellings required by 38.380.020, the applicant
may qualify for the incentives listed in 38.380.040 by:
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A. An applicant may donate one or more parcels of land within the city limits to the city for
the purpose of building affordable dwellings, subject to the following:
1. The donated land may be one or more undeveloped parcels or ready-to-build lots
but must be capable of being used as the site of residential dwellings that meet the
standards of this division. All donated land will be used only to support the creation
or preservation of affordable dwellings.
2. The value of the donated land must be equal to or exceed the cost of designing,
obtaining land use and building approvals for, installing or upgrading infrastructure
for, and constructing the number of affordable dwellings the applicant would
otherwise be required to provide in return for the requested incentives in
38.380.040, as established by an independent valuation and economic report dated
no less than one year prior to transfer of the ownership of the land to the city and
produced by one or more independent firms selected by the city and paid for by the
applicant.
3. The city commission must approve the donation of land pursuant to 2.08.100.
B. An applicant may provide a cash-in-lieu payment to the city’s community housing fund.
The review authority may establish administrative rules and procedures for the calculation
and implementation of a cash-in-lieu program. The city must use all cash-in-lieu funds to
support the creation or preservation of affordable dwellings. The following apply to
payment of cash-in-lieu:
1. For each affordable dwelling required by 38.380.020, but not provided, the cash-
in-lieu amount will be established based on a per dwelling price adopted by
resolution of the commission.
2. The per dwelling amount must be based on the difference between the average new
construction rental rate for apartments in the city and the established affordable
rental rate calculated over the course of 20 years.
3. The cash-in-lieu amount must be determined on the number, type of dwellings, and
mix of bedrooms identified as affordable in the affordable housing plan and
proposed to be constructed.
4. Cash-in-lieu payments must be paid prior to issuance of a building permit for any
dwelling in the development.
In addition to amendments to the Affordable Housing Division 38.380, Section
38.540.050.A.1.b(1) of the Bozeman Municipal Code would be amended as follows:
“Affordable dwellings housing. When calculating the amount of required parking for
affordable dwellings housing, as defined in section 38.700.020, of this chapter if the project is
guaranteed for use as affordable housing for a minimum period of 30 years and the use as affordable housing is
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subject to long term monitoring to ensure compliance and continued use as affordable housing, required parking
spaces must be calculated based on number of bedrooms outlined in Table 38.540.050-1, but may not exceed 1.5
spaces per unit. if the project is subject to an approved affordable housing plan, then required
parking spaces must be provided pursuant to division 38.380.”
Division 38.700, Definitions, of the Bozeman Municipal Code would be amended as follows:
1. That the definition of “affordable home” in 38.700.020. – A definition be amended as
follows: “Affordable dwelling home. A residential dwelling unit for rent or purchase
that a subdivider or developer has committed to making affordable as an affordable
home at the AMI levels to qualify for the incentives in pursuant to 38.380.
2. That the definition of “affordable housing” in 38.700.020. – A definition be repealed.
3. That the definition of “yield street” in 38.700.170. - S definitions (subsection 9 within
the definition of "Street Types") be repealed.
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APPENDIX C – COMMUNITY DEVELOPMENT BOARD COMMENTS AT
THE JANUARY 13, 2025, PUBLIC MEETING
Upon hearing the staff report, the Community Development Board, acting as the Planning
Commission, offered the following questions and comments of staff. Staff responses are
summarized below.
• Do the incentives apply to the entire development or to a particular building?
o Staff response: They apply to the entire development project. For example, if the
developer requests the parking reduction incentive, it would apply to the entire
development and not just to the building that included the affordable dwellings.
• Since different areas of the city have different resources such as transit availability, does
the ordinance allow the city to require a parking study to evaluate the impact of no or less
parking for a project?
o No, if an applicant requests an incentive and the proposed project qualifies for the
incentive, then the project receives the incentive as-of-right, and no study is
needed.
• For the incentive that requires a zone edge transition in building height, does the transition
apply within the same zoning district?
o No, the transition in building height only applies if the project site abuts a lower
density residential zoning district.
• Does the ordinance allow the city to calibrate the advantages and disadvantages to the
neighborhood in granting incentives to a project producing affordable housing?
o If the project meets the criteria for the particular incentive(s) requested and the
submitted housing plan meets the standards of the ordinance, the project receives
the incentives.
• Can the city say “no” to a project seeking to use the incentives?
o If the project meets the criteria and standards of the AHO as well as the other criteria
and standards of the UDC, the city cannot deny use of the incentives. Section
38.380.020.A of the AHO states that all other code provisions of the UDC remain
in effect and apply to the project. If the project does not meet all other applicable
code provisions, the city can deny the project.
• Can the city differentiate between in-fill and greenfield development in granting incentives
such as the parking exemptions?
o Differentiating between areas of the city in granting incentives may be contrary to
the city’s growth policies that seek affordable housing in all parts of the city. The
AHO does not differentiate between in-fill and greenfield locations.
• How will the city assure that the affordable dwelling units remain affordable for the 50-
year period?
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o The developer will record a deed restriction on the property for the affordable units
that goes with the land for the 50-year period.
• How does the affordable dwelling units get allocated within the development?
o The developer submits an affordable housing plan which identifies where the
affordable units will be located within the development and when they will be built?
The AHO Development Standards stipulate that the affordable units must be built
and occupied prior to or at the same time as when the market-rate units are built
and occupied.
• The Type B incentives for multi-household buildings, the incentive grants a building height
of four stories or whatever the zoning district allows “whichever is less”. Why is this an
incentive?
o This provision is intended to assure moderately scaled buildings in the particular
zoning district.
• How does the cash-in-lieu provision work?
o If the developer wishes to contribute cash to the city in lieu of any or all of the
affordable dwelling units he is required to provide based on the incentives he
receives, the city’s housing program staff will calculate the dollar amount for this
contribution based on the size of the unit, the AMI rental rate required for that unit,
on the duration of the affordability required for that unit, and multiplied by the
number of units the developer seeks to cash out.
• Will the City Commission be the entity that must approve using the cash-in-lieu option?
o The city’s Housing Program staff will make that determination.
• In a multi-phased development, the ordinance states that the affordable units must be
completed, and a certificate of occupancy be issued for them prior to or at the same time
as the market-rate units.
o The Affordable Housing Plan would specify where and when the affordable units
would be built and occupied in relation to the market-rate units.
• Does this ordinance replace all the provisions of Ordinance 2105 or just the provisions of
Section 38.380?
o This ordinance just replaces the provisions related to Section 38.380.
• How do the provisions of the proposed AHO relate to projects using LIHTC?
o The incentives and requirements of the proposed AHO work with any LIHTC
(pronounced Lie-tech) provisions for a wholly affordable housing development.
There is always a financing gap with LIHTC projects, and the incentives offered by
this AHO help to close that financing gap.
• The current AHO offers the public opportunities to comment or to appeal a decision on the
project. Does the proposed AHO offer the same?
o Those public comment and appeal provisions of the UDC are unchanged by this
ordinance.
• Is concurrent construction still available with this ordinance?
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o Yes, the provisions of 38.270.030 allowing concurrent construction are unchanged.
• The ordinance offers incentives for townhouses, but this ordinance is for rental units only.
o Yes, we anticipate that we will come forward in the near future with provisions for
“for sale” units which will apply to townhome dwellings on fee-simple lots.
However, it may be that a developer seeks to build townhomes and keep the units
as rentals until he is ready to sell the lots with the income restriction.
• Does the ordinance have a provision that explicitly preserves trees?
o No, the AHO does not have such a provision and, instead, relies on other provisions
of the UDC to preserve trees, wetlands, flood zones and the like.
• Do the architectural standards of the UDC still apply to developments seeking these
incentives?
o Yes, the building and design standard exemptions of the current AHO have been
removed from this proposal and those standards still apply.
• How does the city assure the quality and proper maintenance of the affordable units over
time?
o The AHO Development Standards require all units within the development, both
affordable units and market-rate units, to be built with the same features and of the
same quality. Once built, and over the 50-year duration of the affordable
requirement, there is no specific requirement or standard for maintenance of the
building or unit. Typically, the owner of affordable units in a development will
keep it in good conditions so that at the end of the affordability period, it will be
easy to re-finance or in good condition for sale. The UDC does not have
maintenance standards for buildings over time. The State legislature has not
granted cities a Building Maintenance Code to assure that older buildings continue
to meet building codes.
• What is the justification for granting an exemption from parking for 1,200 square feet sized
townhouses/rowhouses?
o The 2021 Root Study analyzed various types of housing and found that the small
sized townhouse is the most economical type of house to build and is most suited
for sale to “missing middle” households in the city.
• Type B and C incentives should have a minimum of one parking space required or should
have a requirement of a parking study for the development to identify the impact of lesser
parking to on-street parking resources in the area. The parking study requirement could be
required of in-fill development rather than developments on the outskirts of town.
• Many workers of the city’s businesses have to commute farther and farther from the city
to find housing they can afford. Do we know the number of affordable housing units
needed to accommodate those workers in the city?
o The latest Census may have those numbers. It could be as many as 14,000 units.
• Type B or C incentives—limit them both to 4 stories and 36 dwelling units max.
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38.380 Repeal and Replacement Text Amendment, Project No.24529
Page 60 of 64
• Do the incentives for housing in the M-1 district apply to the NEHMU? There is talk that
the NEHMU would be rezoned as an M-1 district.
o The NEHMU would not qualify for the M-1 incentives unless it does rezone.
• Has the Sustainability Advisory Board provided comment and ideas on this AHO?
o We have not taken this proposal to the Sustainability Advisory Board for comment.
• Due to changes in workforce income, rent levels at the current 80% of AMI is not
“affordable”; setting the rent levels at 60% is good.
• It would be helpful to match text of the AHO with some images, drawings.
• Can the AHO require applicants to hold a neighborhood meeting to share the project with
neighbors and the affordable housing plan should have a section that includes the public
comments received at that meeting and by public notice.
o The Guthrie Apartment project’s applicant held a neighborhood meeting, but a
summary of the comments received were not included in the application or in the
staff report.
• Regarding Naturally Occurring Affordable Housing (NOAH), how many such units are we
losing?
o That data is not collected by any source that we are aware of.
• How can we assure maintenance of the affordable units over the 50-year period?
• The AHO should require the applicant to hold a neighborhood meeting.
• The AHO should not change any UDC provision that allows the City Commission to
reclaim a development application that seeks to use the incentives.
• The AHO should require a parking study for any development application that seeks to use
the parking reduction or exemptions of the AHO.
• There is concern that landowners seek to rezone properties within established lower density
neighborhood to the B-2M district which this AHO would allow four additional stories;
this would be out of scale with the neighborhood.
• Each AHO project should be evaluated by the relevant growth policies They are not “one
size fits all” projects.
• There is concern with one size fits all approach to the AHO.
• I like the Type B and C options and the requirements of the Housing Plan and the AMI
change.
• The City Commission should be required to approve a cash-in-lieu option.
• There should be a neighborhood meeting with the comments therein noted in the housing
plan or other approval documents.
• The impacts of a particular development using incentives on its environs (parking, scale)
should be evaluated and stated in any approval document.
• The parking incentives are appropriate to facilitate production of affordable housing.
• The applicant using incentives in their project should hold a neighborhood meeting to
inform the neighbors of the proposal.
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City Commission Staff Report for the Affordable Housing Ordinance 2025, Division
38.380 Repeal and Replacement Text Amendment, Project No.24529
Page 61 of 64
• The Type C incentives would allow 6 story buildings in the REMU districts and 8 story
buildings in the B-2M districts.
• Concern with maintenance of the units/ affordable buildings over the 50-year affordability
period.
• This AHO is a compromise regarding public concerns with the current AHO and is an
acceptable trade-off.
• The tradeoff of the proposed AHO is worth it if the projects using incentives, are spread-
out all-over town.
• Areas of town are developing differently. We want a quality city. I am opposed to no
parking allowances in some locations of the city.
• The city does a lot to facilitate affordable housing. With the AHO the burdens of the
incentives are localized. I prefer a housing tax to fund the construction of affordable
housing rather than granting these incentives. Let the city or a non-profit organization
building the long-term affordable housing rather than the private sector.
APPENDIX D - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published
in the Bozeman Daily Chronicle on 2/21/2024, 12/28/24 and 1/4/25 and contained all required
elements. The notice and text were also provided through the City’s Community Development
web viewer and the Bozeman.net news page. Notice was provided at least 15 calendar days before
the public hearing before the Community Development Board in their capacity as the Zoning
Commission, and not more than 45 days prior to the City Commission public hearing. The City
exceeded the required notice provision. Hearing dates are on the first page of this report.
The Economic Development Department’s Housing Team hosted an open house to discuss options
for amending the current Affordable Housing Ordinance (AHO). Staff presented a slide show on
housing issues and options for incentives toward supporting low-income-affordable housing in the
city and they queried participants as to their preferences of incentives that could be offered
developers of affordable housing or mixed market-rate and affordable housing projects. Staff also
hosted a short on-line and “hard copy” survey to query residents about their concerns and
preferences for incentives to offer in an updated AHO. The AHO survey is closed now and the
results are now available in the Resource Documents section on AHO Engage Bozeman along with
written comments received at the Open House.
Several written public comments have been received on the need to revise the AHO and they are
found a this link through the Laserfiche archive. If additional written comments are received prior
to the Community Development Board/Zoning Commission meeting, they will be placed in the
project folder in Laserfiche.
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City Commission Staff Report for the Affordable Housing Ordinance 2025, Division
38.380 Repeal and Replacement Text Amendment, Project No.24529
Page 62 of 64
Public Comment Summary of Topics:
• The projects utilizing the incentives result in loss of mature trees, wetlands, and their
habitat.
• If trees are on a proposed AHO site, an independent urban forest ecologist must
evaluate the project for a Tree Equity Score (TES) and if the TES is less than 75, more
trees should be planted.
• The affordability period of 30 years is insufficient; Increase the affordability period to
99 years.
• The “swap” of off-site, distant land for no affordable units within a development is
inappropriate and the “gifted: land may never be developed with affordable housing.
• The projects provide only a few (in one case, only two) affordable units for height
incentives on a development that is out of scale with the neighborhood.
• Loss of “naturally occurring affordable housing (NOAH) with redevelopment projects
and the new development should require the same number of affordable units as that
were destroyed in addition to the AHO requirements.
• The text of the ordinance should specifically state that developments located within the
Neighborhood Conservation Overlay District must comply with the provisions,
processes, standards, and guidelines of UDC Section 38.340.
• AHO developments within the Neighborhood Conservation Overlay District (NCOD)
should have height transition requirements (within the same zoning district) and limit
the height incentives to result in no more than two stories higher than the building next
to it.
• Require affordability period to be 75 years.
• Density does not create affordability as shown by the 1,100 apartments for rent in
Bozeman listed on Apartment.com at unaffordable rents, rather, it ruins the essence of
the community.
• Instead of demolishing NOAH units, we should empower our city and residents and
invest in a Housing Authority to produce permanently affordable units.
• The AHO allows administrative review of developments using incentives rather than
the City Commission; the AHO should state that all AHO projects can be appealed to
the City Commission per UDC 38.250, Appeals, Deviations, Departures and Variance
Procedures; The current AHO Ordinance 2105 states and should be included in the
proposed AHO to read: “K. Decisions of the community development director and other
review authorities are subject to the appeal provisions of division 38.250 of this chapter.”
• Section 38.200.010, Review Authority, of the existing AHO Ordinance 2105, Section
J should be added to the proposed AHO to state: “J. The city commission or its
designated representatives may require the applicant to design the proposed development
to reasonably minimize potentially significant adverse impacts identified through the
review required by these regulations. The city commission or its designated representatives
530
City Commission Staff Report for the Affordable Housing Ordinance 2025, Division
38.380 Repeal and Replacement Text Amendment, Project No.24529
Page 63 of 64
may not unreasonably restrict a landowner's ability to develop land, but it is recognized
that in some instances the unmitigated impacts of a proposed development may be
unacceptable and will preclude approval of the development as submitted. Recognizing
that the standards of this chapter are minimum requirements, and the public health, safety,
and general welfare may be best served by exceeding those minimums, the city commission
or community development director may require as a condition of approval mitigation
exceeding the minimums of this chapter.”
• Remove the NCOD area from the AHO and limit the AHO’s use to greenfield sites.
• Designate an Affordable Housing Overlay Zone within the NCOD which preserves
NOAH sites and allows new “neighborhood-friendly” affordable housing to be built as
part of redevelopment or infill projects.
• Require the City Commission to make the final decision on any AHO project located
within the NCOD.
• Amend subsection D of BMC 38.410.130, Water Adequacy, to require 33% affordable
housing in all residential developments of 3 or more units that seeks to pay cash-in-lieu
of water rights.
• Reduced parking and increased height “dwarfs” existing homes. Please replace this
with affordable housing overlays for suitable infill or redevelopment sites or with a
public housing authority that actually provides long-term affordable housing without
severely disrupting the quality of life of those living near it.
• I like the building height transition zone provisions for the building height incentives.
• Developers will provide parking according to what they perceive is needed for their
tenants even if they take advantage of AHO incentives.
• It is good that the exemptions from the building design and site design standards have
been removed from the AHO. The standards of the NCOD should continue to apply.
• The ordinance should have a provision that allows the city to deny a project using the
AHO incentives if it is determined that the impacts of the development are onerous,
and the city should be able to impost conditions of approval needed to mitigate negative
impacts of the development on the neighborhood.
• There have been demolitions of 95 existing homes, NOAH units in the city in the past
five years.
• The change in the AMI metric from 80% of AMI to 60% of AMI is good.
• The additional building height in the urbanized areas of town, particularly the B-2M
districts is concerning. Those “spot zoned” B-2M districts should have height
transition zone requirements even for sites within the same district.
• The AHO incentives are not producing a diversity of housing types to meet the
demands of the city’s workforce; this does not address growth policies.
• Prohibit the use of land donations and cash-in-lieu unless the city adopts a housing
authority and uses that land and cash to build permanently affordable housing.
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City Commission Staff Report for the Affordable Housing Ordinance 2025, Division
38.380 Repeal and Replacement Text Amendment, Project No.24529
Page 64 of 64
• The language around the cash-in-lieu is confusing; perhaps an example calculation
would be helpful.
• Before drastically reducing parking for AHO projects, we need a viable non-car option
for people who need to get to work, run errands and enjoy Bozeman and Montana.
• We need to focus on building and preserving missing middle housing, not just
complexes.
• Protect older homes with an Affordable Housing Protection Overlay District and
protect manufactured homes in Manufactured Home Parks
APPENDIX E - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representatives: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771; and Economic Development Department/ Housing Division, City of
Bozeman, 212 N. Rouse Avenue, Bozeman, MT.
Report By: Susana Montana, Senior Planner and Chris Saunders, Community Development
Manager and David Fine, Economic Development Department, Housing Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Attachment A: Link to the proposed AHO Ordinance
Attachment B: Link to the current AHO Ordinance No. 2105
532
Grant Instructions and Grant Routing Form
To ensure appropriate use, consistency and tracking of grants use this set of general
instructions and Grant Routing Form are provided. All grants regardless of amount are required
to be approved by The City of Bozeman Commission prior to receiving the grant award.
Step One: Giving Notice of Intent to Apply
Give notice of your intent to apply for the grant by submitting the Grant Routing Form. Submit
the form via DocuSign* to the appropriate supervisor (typically department Director) and the
Finance Director. Save a copy of the submittal. The grant tracking number field can be left blank
until the grant is awarded.
Per Administrative Order 2014-01 the City Manager and City Commission are required to be
notified within 30 days of all grant applications exceeding $20,000.
Step Two: Obtain Grant Tracking Number for Awarded Grants
Once a grant is awarded, contact the City Clerk’s office at 406-582-2030 to request a grant
tracking number. The official grant acceptance is contingent on City Commission approval.
Step Three: Re-Route for Final Signatures
Insert the grant tracking number on the Grant Routing Form and reroute the form via
*DocuSign for signatures.
Step Four: Commission Approval
Work with Division Director, City Manager, and the City Clerk to get the awarded grant
prepared for City Commission approval. If you need assistance in reviewing the grant terms,
contact the City Attorney’s Office to request a review of the grant terms before placing the item
on the Consent agenda.
All agreements require City Commission authorization regardless of dollar amount.
Agreements will be retained by the City Clerks’ Office.
*Each Division has staff assigned with DocuSign access. Using a single DocuSign “envelope” will
allow the same tracking form to move through the steps of the process and the signature
matrix. Reach out to the City Clerk’s Office for initial assistance sending your envelope.
Grant Not Awarded: If your application is NOT awarded, the application materials must be
retained by the applying department in accordance with Records Retention Schedule 8.
Docusign Envelope ID: A85EDB63-ECB5-4B0B-BE91-D5E3EC2ECC78
90533
Grant # (issued by City Clerk)
Grant Name
Grant Project Manager Department
Person Responsible for Financial Reporting
Person Responsible for Performance Reporting & Close Out
*Note: this person is also reseponsible for record retention requirements.
Grant Source Federal State Other
CDFA # (Federal Only)Fiscal year of award
Grant Amount Included in Budget?
Match Requirement (%)Budget Account Code
Match Amount
Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur.
Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses?
Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?):
Process Phase / Signature Matrix
City Clerk Commission Date
Notice of Intent
Application
Award/Contract
City Manager
City of BozemanGrant Routing Form
Department Director
(I understand and will carry out the provisions of the grant)
Finance Director
Grant Routing Form May 2023
Describe the nature of the grant and eligible uses:
Edward Bryne Memorial Justice Assistance Grant (JAG) Program -Local Solicitation
Jamie Grabinski Police Department
Jamie Grabinski
Dana McNeil
16.738 2025
20,617.00 No
0.00%010-3010-421
Yes
No
The Edward Bryne JAG program provides financial assistance to local jursidictions to purchase
eligible supplies and small equipment for operations. The grant amounts are pre-determined by
the grant agency based upon population. The City of BZN PD plans to use the funds to
continue to update and enhance the computer forensics lab which will bolster the effectiveness
of criminal investigations.
The financial reporting for this grant is completed in JustGrants portal. The programmatic
reporting is completed in the performance measurement platform. And, the payments are
completed via ASAP drawdown system.
n/a n/a n/a n/a -
n/a n/a n/a n/a -
1/14/2025
Docusign Envelope ID: A85EDB63-ECB5-4B0B-BE91-D5E3EC2ECC78
91534
Grant Instructions and Grant Routing Form
To ensure appropriate use, consistency and tracking of grants use this set of general
instructions and Grant Routing Form are provided. All grants regardless of amount are required
to be approved by The City of Bozeman Commission prior to receiving the grant award.
Step One: Giving Notice of Intent to Apply
Give notice of your intent to apply for the grant by submitting the Grant Routing Form. Submit
the form via DocuSign* to the appropriate supervisor (typically department Director) and the
Finance Director. Save a copy of the submittal. The grant tracking number field can be left blank
until the grant is awarded.
Per Administrative Order 2014-01 the City Manager and City Commission are required to be
notified within 30 days of all grant applications exceeding $20,000.
Step Two: Obtain Grant Tracking Number for Awarded Grants
Once a grant is awarded, contact the City Clerk’s office at 406-582-2030 to request a grant
tracking number. The official grant acceptance is contingent on City Commission approval.
Step Three: Re-Route for Final Signatures
Insert the grant tracking number on the Grant Routing Form and reroute the form via
*DocuSign for signatures.
Step Four: Commission Approval
Work with Division Director, City Manager, and the City Clerk to get the awarded grant
prepared for City Commission approval. If you need assistance in reviewing the grant terms,
contact the City Attorney’s Office to request a review of the grant terms before placing the item
on the Consent agenda.
All agreements require City Commission authorization regardless of dollar amount.
Agreements will be retained by the City Clerks’ Office.
*Each Division has staff assigned with DocuSign access. Using a single DocuSign “envelope” will
allow the same tracking form to move through the steps of the process and the signature
matrix. Reach out to the City Clerk’s Office for initial assistance sending your envelope.
Grant Not Awarded: If your application is NOT awarded, the application materials must be
retained by the applying department in accordance with Records Retention Schedule 8.
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
56535
Grant # (issued by City Clerk)
Grant Name
Grant Project Manager Department
Person Responsible for Financial Reporting
Person Responsible for Performance Reporting & Close Out
*Note: this person is also reseponsible for record retention requirements.
Grant Source Federal State Other
CDFA # (Federal Only)Fiscal year of award
Grant Amount Included in Budget?
Match Requirement (%)Budget Account Code
Match Amount
Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur.
Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses?
Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?):
Process Phase / Signature Matrix
City Clerk Commission Date
Notice of Intent
Application
Award/Contract
City Manager
City of BozemanGrant Routing Form
Department Director
(I understand and will carry out the provisions of the grant)
Finance Director
Grant Routing Form May 2023
Describe the nature of the grant and eligible uses:
MT Department of Natural Resources Urban & Community Forestry Program Development Grant application
Alex Nordquest Parks and Rec (forestry division)
Alex Nordquest/Jamie Grabinski
Alex Nordquest
10.664 FY2025
20,000 No
33.33%112-7710-454-20-99
$ 6,667.00
Yes
No
Available through the MT Department of Natural Resources, this grant opportunity provides
funding for program development. Forestry is applying for funding to update the Urban Forest
Master plan identified in the 2026-2030 capital improvement plan.
Grant reporting and reimbursements are completed via the online portal Submittable.
n/a n/a n/a n/a n/a
1/14/2025
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
57536
Montana DNRC Grants Powered by Submittable
Title City Of Bozeman Forestry
Division
by Alex Nordquest in Forestry - UCF Program
Development (PD) FY25
anordquest@bozeman.net
01/03/2025
id. 49231929
Original Submission 01/03/2025
1. Organization Information
1.1. Organization
Name
City Of Bozeman Forestry Division
1.2. Has the
organization received
any DNRC Forestry
grants or subawards
previously?
Yes
2. Applicant Information The person completing this application. By default,
of Submittable, the person submitting this application will be the point of
contact for future communications such as reports and requests for
reimbursement for the life of this grant. You may collaborate with others to
complete the application and future forms, but you will be responsible for all
final submissions. HERE are the instructions for collaborating with others
for this application.
2.1. Your name Alex
Nordquest
2.2. Your Phone +14065823225
2.3. Your Email anordquest@bozeman.net
2.4. Provide a
Secondary Contact
for the project.
Jamie
Grabinski
2.5. Secondary
Contact Phone
+14065822364
2.6. Secondary
Contact Email
jgrabinski@BOZEMAN.NET
3. Project Elements
3.1. Project Name 2026: Bozeman's 2nd Urban Forest Management Plan
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
58537
3.2. Project Location City of Bozeman, City-wide
3.3. Have you
contacted your
DNRC Service
Forester?
Yes
3.3.1. Foresters
Name
Elias Davis
4. Project Description
4.1. Project
Description - Provide
2-3 pargraphs that
summarize your
project.
In 2016, Bozeman completed its first ever Urban Forest Management Plan
(UFMP). This comprehensive document marked our first concerted effort
towards long-term planning for Bozeman's urban forest; key
recommendations included creating & hiring a city forester position,
completing a city-wide tree inventory, and preparing for the Emerald Ash
Borer. Now nearly 10 years later, we've accomplished many of the plan's
goals and it's time for an update. There are various metrics and
performance measures to modernize, we've developed a nonprofit
partnership for community engagement, and we're seeking ways to address
a growing public concern over urban trees as Bozeman continues to
develop rapidly.
A new UFMP would build off the momentum of the 2016 version and
provide fresh perspective. We're seeking grant funds to cover a portion of
the cost for contracted services to develop the UFMP. The ideal candidate
would have experience developing UFMP's across the country, with a keen
focus on fast-growing urban areas and strategies to minimize tree loss and
wildlife impacts. A major outcome of the project would be to offer
recommendations on diversifying our community outreach and public
engagement. This project is a critical part of our Department's goals, City
Commission priorities, and Budget Planning.
5. Existing Program Resources
5.1. Do you have a
tree inventory?
Yes
5.1.1. How does your
tree inventory tie to
the project?
Our tree inventory system is a powerful tool for our entire operation, and
our proudest accomplishment from the 2016 UFMP. In 2017, I was hired as
Bozeman's first City Forester and inherited an incomplete tree inventory.
We spent 2018 hiring contractors to record trees in the remaining street
boulevards and city parks to achieve 100% completion. We also adopted
new software from our GIS Division which allowed us to update trees live
as we complete work. All planting, pruning, and removals are now recorded
live to keep the system accurate and constantly updated.
5.1.2. Upload your Tree Inventory
BozemanTreeInventory_20241223.xlsx
5.2. Do you have an
urban forest
management plan?
Yes
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
59538
5.2.1. How does your
urban forest
management plan tie
into the project?
Our main objective is to update the current UFMP. It'll be ten years old in
2026, so funding development in 2025 would be ideal timing to present a
finished product to City Commission and the general public. Undertaking
this effort without grant funding would place significant strain on the
Forestry Division's budget.
5.2.2. Upload your Urban Forest Management Plan.
Bozeman_Urban_Forestry_Management_Plan.pdf
5.3. Is the project
located in a Tree City
USA community?
Yes
6. Federal & State Program Goals
6.1. How does your
project align with the
state and federal
program goals?
Choose all that
apply.
1. Advance public education and understanding for the social, economic,
environmental and aesthetic values of trees, forests and related resources
in communities.
2. Climate change mitigation and adaptation.
3. Expand opportunities, resources and access for underserved and at-risk
populations and communities.
4. Advance tree inventory and assessment information.
5. Promote urban forestry planning and tree management plans including
broadening community engagement.
6. Develop and encourage the profession of urban forestry through
technology transfer, education and training.
7. Increase the biodiversity, health and resilience of trees in urban and
community forests through best maintenance and management practices.
6.1.1. Explain how
the project advances
public education and
understanding for the
social, economic,
environmental and
aesthetic value of
trees, forests and
related resources in
communities.
A new UFMP would build upon the current version, which provides a variety
of educational talking points and visuals for the public. The current version
explains our over-reliance on Green Ash and the concerns of
monocultures, provides graphs for age & species diversity, and describes
the variety of environmental & health benefits urban trees provide. The
2026 UFMP would need to provide updated figures for all of these items,
as we've made steady progress reducing our Ash population and trialing
new species to increase our tree diversity.
6.1.2. Explain how
the project advances
climate change
mitigation and
adaptation.
We know from our current UFMP and tree inventory data that Ash and
Maple make up almost half of our urban forest - we are extremely
vulnerable to losing these trees to pest, disease, or weather issues. A new
UFMP will analyze the progress we've made reducing our Ash population
and replanting with diversity; and offer new strategies to further bolster our
urban forest to a changing climate.
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
60539
6.1.3. Explain how
the project expands
opportunities,
resources and
access for
underserved and at-
risk populations and
communities.
We have steadily increased our community engagement over the years
through social media, volunteer opportunities, and printed media. But there
is still much room for improvement across the city. Many residents are still
unaware of our services and the shared maintenance responsibilities
between property owners and the Forestry Division; Rental properties
have mostly empty boulevards due to a lack of communication among
tenants, landlords, and the city; School properties lack boulevard trees due
to overzealous safety concerns. A new UFMP will offer innovative
strategies to address these problem areas.
6.1.4. Explain how
the project advances
tree inventory and
assessment
information.
In 2018 we overhauled our tree inventory system. We mapped all
remaining areas of town and each Forestry staff member received an
iPhone for live editing of tree data - we now track all of our work
accurately. This effort drastically improved the quality of our inventory
system and constantly guides our workflow. The system is not perfect,
however, and we'd greatly benefit from the outside perspective of a
consultant to squeeze every possible insight from this data. Year-over-year
trends, for example, are not automated from our data system and have to
be done manually.
6.1.5. Explain how
the project promotes
urban forestry
planning and tree
management plans,
including broadening
community
engagement.
Community engagement is one aspect of our 2016 UFMP that has room for
improvement. We have minimal involvement with our K-12 School system
and only a few projects with the local university. We do have a partnership
with a local nonprofit for volunteer planting efforts, but resources are limited
for both parties. As our main planning and management tool, a modern
UFMP will help address community engagement by referencing successful
programs across the country and offering solutions catered to Bozeman's
unique challenges.
6.1.6. Explain how
the project develops
and encourages the
profession of urban
forestry through
technology transfer,
education and
training.
I'm proud to say that our Forestry Division operates with a high degree of
excellence. Our staff members are motivated, professional, and
knowledgeable; they value their work and are proud to represent Bozeman.
This is largely due to our inventory system, which provides visual progress
of their work and involves everyone in the management process.
Innovative approaches like this are the result of achieving goals within a
well-planned Urban Forest Management Plan, which can be shared with
other communities as a publicly available resource.
6.1.7. Explain how
the project increases
the biodiversity,
health and resilience
of trees in urban and
community forests
through best
maintenance and
management
practices.
Our 2016 UFMP has outdated metrics on the profile of our urban forest.
For example, estimates of the overall park & boulevard population were
21,000 - we currently have 27,000. A pie chart showed Ash trees at 47%
of the population - it's currently 24%. Several paragraphs describing
ecosystem benefits are again estimates, and would benefit from accurate
data reflecting Bozeman's urban forest today. Keeping these metrics
current provides us with better performance measures and goals as an
operation.
7. Project Personnel
7.1. List the Project
Personnel
I would like to use the provided table for my project personnel information.
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
61540
7.1.1. Provided Project Personnel Table
Project Personnell List.xlsx
7.2. Supplemental
Information - Project
Personnel Narrative.
If desired, use this
space to explain or
expand on the
Personnel
information.
Community input would be a major component in creating a new
management plan. This would be a key deliverable of the consultant: to
host in-person and/or virtual sessions to gather public input. In addition to
relevant staff members, The Mayor and a City Commission liaison would be
attending each public session. The Bozeman City Commission greatly
values this process, as public concern over trees lost to development has
been a consistent theme over the last few years.
Alex Nordquest - Alex would be heavily involved with this project,
developing the RFQ language to select a contractor. He would also attend
these public sessions and work directly with the consultant at all levels of
the project.
Mitch Overton - the Director of the Parks & Rec Department would attend
public sessions and offer high-level expertise to guide the project in
alignment with the City's overarching Strategic Plan. He would also be
responsible for relaying communication between City Commission and the
Mayor for participation in this process.
Forestry Division staff - The Forestry team would provide occasional input
based on their expertise as the field crews maintaining the urban forest.
They do the work day in and day out and have the most interaction with the
public, caring for trees in every neighborhood. This intimate connection to
the urban forest means they'll offer valuable suggestions.
Jamie Grabinski - The city's Grants Coordinator will assist with any
technical aspects of fulfilling the grant. This includes initiating our internal
routing forms for city management, assisting with reporting, and tracking
expenses with our Finance Department.
8. Leveraging Local Support and Outreach
8.1. List local groups
and people
supporting the project
with in-kind
contributions and
volunteering time.
I would like to use the provided table for my Leveraging Local Support and
Outreach information.
8.1.1. Provided table for Leveraging Local Support and Outreach.
Leveraging Support List.xlsx
8.2. Supplemental
Information -
Leveraging Support
Narrative. If desired,
use this space to
explain or expand on
the Leveraging
Support List.
Local support is not anticipated to produce the actual UFMP. Community
involvement will be a major component of the plan, but not for the purposes
of this grant application.
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
62541
9. Project Work Plan and Schedule
9.1. Outline the
Project Work Plan
and Schedule
I would like to use the provided table for my Project Work Plan and
Schedule.
9.1.1. Provided Table for Work Plan and Schedule
TableTemplate.xlsx
9.2. Supplemental
Information - Project
Work Plan and
Schedule Narrative.
If desired, use this
space to explain or
expand on the
Project Plan and
Schedule.
Working on a new management plan is a major goal of the Forestry
Division's work 2025-2026 work plan. A spring timeline to draft and publish
a request for qualifications (RFQ) for potential contractors is ideal for
starting this process. The ideal candidate would then be ready to work
quickly, hosting community outreach sessions in the summer months to
understand our community's concerns with the urban forest. Feedback from
these sessions would then be compiled with any internal meetings, City
Commission concerns, and discussion from our Urban Parks & Advisory
Board. A final product would be developed from all these sources, as well
as the contractor's expertise, in the final months of 2025. The Forestry
Division would then present the finished document in early 2026 to City
Commission, relevant city departments, and the general public. The final
UFMP would be publicly available as a permanent fixture on the Forestry
Division's website.
If the chosen contractor is unable to complete the entire UFMP within the
12 month grant agreement, we would itemize the community outreach
portion for grant funding. This is the most important aspect and easy to
complete early on in the process. We anticipate total costs of the UFMP to
exceed the grant amount requested and remaining costs are accounted for
in the Forestry Division budget.
9.3. Does your
project include tree
planting?
No
10. Project Monitoring and Effectiveness
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
63542
10.1. Describe how
your project will meet
the needs and
benefit your
community at large.
Outline long-term
results, outputs and
deliverables.
Urban trees are increasingly recognized around the globe for their benefits
- the latest news, trends, and technology should be considered for
addressing Bozeman's local concerns. A new management plan would
integrate feedback from the public, city staff, and management to form a
comprehensive set of tools & guidelines for the future of our urban forest.
Bozeman has several current struggles with its urban forest. While we're
reducing our Ash population, Green Ash still remains the predominant
mature canopy species throughout our neighborhoods. Replanting with
appropriate diversity is challenging with limited availability of desired
varieties. Conserving water is a top priority in the community, but trees
require water for establishment and healthy maintenance. Residents desire
native trees, yet few are suitable for boulevard planting. Residents are also
voicing concerns about trees lost to development to the City Commission.
We need a new management plan to offer guidance on these issues to
maintain the high standard of care & service that the Forestry Division is
known for.
10.2. Describe any
potential challenges
that could impact the
project.
Timing is the main concern for this project. The writing of the RFQ would
need to be complete in spring of 2025 and that's in the midst of several
other seasonal priorities for the Forestry Division. If awarded grant funds,
we'd need to coordinate quickly with the chosen contractor for development
of the management plan. If the contractor isn't able to start the project in
July, we may run into delays given the 12 month period for the grant award.
However, those concerns would be mitigated by focusing solely on the
community outreach sessions. The contractor should readily be able to
schedule and conduct all these sessions within the 12 month period for the
grant, and the city's Forestry Division will fund the remainder of the UFMP
with its allocated budget.
11. Budget
Check "More
Information" to learn
about direct and
indirect costs.
More Information
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
64543
Direct costs are those that are directly and only related to a project. For
example: the hours that the organizations forester spends on a particular
project, similarly the miles that are driven by the forester to the project
location. If a mailing is part of the project, the cost of printing, envelopes
and stamps are considered direct costs. Indirect costs are those that are
not directly and only related to a specific project but are spread across the
entire organization or several projects. Examples are: rent for the office,
the electric bill for the organization. Salary/wages/benefits can be
assessed to indirect costs as well, such as an accountant who handles the
accounting for the entire organization and does not track how their hours
are spent. Indirect costs are not itemized but are instead paid at a
percentage of the Direct costs. Organizations can negotiate a rate with the
federal government if they are directly awarded federal funds. This is called
a Negotiated Indirect Cost Rate Agreement (NICRA.) Organizations with a
NICRA are eligible to request their full percentage rate for any award that
comes from federal funds. They can request a smaller rate, but never more
than the NICRA. Organizations without a NICRA are eligible to request
Indirect Costs at the de minimis rate of 15%. You can request less than
15% but unless you have a NICRA, you cannot request more than 15%.
11.1. Are you
requesting indirect
costs for this
project?
No
Budget Table Instructions Urban and Community Program Development-
Match Required 1. Download the Project Budget Table Worksheet. 2. Save
the budge table worksheet to your local drive. 3. Complete your budget.
Use only numbers in the columns. For example, do not use "/hour" or "per
hour", it will cause the formulas to fail. 4. Upload completed budget table
worksheet below. Rows and columns of the budget table worksheet should
tabulate for you. However, please review your math and totals. All match
expenditures (both cash and in-kind contributions) must be substantiated
with documentation to be applied to the 3:1 match requirement. Federal
funds may NOT be used as match. (No federal cash, donated and/or in-kind
contributions.)
11.2. Upload Completed Project Budget Table
Bozeman_-_UCF_PD_FY25_-_Budget_Template_Match.xlsx
11.3. Total Funds
Requested.
20000
11.4. Total Funds
Pledged to Match.
74510
12. Supporting Documentation
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
65544
12.1. Supplemental
Information - Upload
any supporting
documentation you
would like included in
the application.
13. Certification and Authorization to Sign
13.1. Certification
and Authority to Sign
Yes, I am authorized to sign this application on behalf of the organization I
represent.
13.1.1. Federal
Funding Certification
Statement
Alex Nordquest
Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268
66545
Grant Instructions and Grant Routing Form
To ensure appropriate use, consistency and tracking of grants use this set of general
instructions and Grant Routing Form are provided. All grants regardless of amount are required
to be approved by The City of Bozeman Commission prior to receiving the grant award.
Step One: Giving Notice of Intent to Apply
Give notice of your intent to apply for the grant by submitting the Grant Routing Form. Submit
the form via DocuSign* to the appropriate supervisor (typically department Director) and the
Finance Director. Save a copy of the submittal. The grant tracking number field can be left blank
until the grant is awarded.
Per Administrative Order 2014-01 the City Manager and City Commission are required to be
notified within 30 days of all grant applications exceeding $20,000.
Step Two: Obtain Grant Tracking Number for Awarded Grants
Once a grant is awarded, contact the City Clerk’s office at 406-582-2030 to request a grant
tracking number. The official grant acceptance is contingent on City Commission approval.
Step Three: Re-Route for Final Signatures
Insert the grant tracking number on the Grant Routing Form and reroute the form via
*DocuSign for signatures.
Step Four: Commission Approval
Work with Division Director, City Manager, and the City Clerk to get the awarded grant
prepared for City Commission approval. If you need assistance in reviewing the grant terms,
contact the City Attorney’s Office to request a review of the grant terms before placing the item
on the Consent agenda.
All agreements require City Commission authorization regardless of dollar amount.
Agreements will be retained by the City Clerks’ Office.
*Each Division has staff assigned with DocuSign access. Using a single DocuSign “envelope” will
allow the same tracking form to move through the steps of the process and the signature
matrix. Reach out to the City Clerk’s Office for initial assistance sending your envelope.
Grant Not Awarded: If your application is NOT awarded, the application materials must be
retained by the applying department in accordance with Records Retention Schedule 8.
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
44546
Grant # (issued by City Clerk)
Grant Name
Grant Project Manager Department
Person Responsible for Financial Reporting
Person Responsible for Performance Reporting & Close Out
*Note: this person is also reseponsible for record retention requirements.
Grant Source Federal State Other
CDFA # (Federal Only)Fiscal year of award
Grant Amount Included in Budget?
Match Requirement (%)Budget Account Code
Match Amount
Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur.
Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses?
Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?):
Process Phase / Signature Matrix
City Clerk Commission Date
Notice of Intent
Application
Award/Contract
City Manager
City of BozemanGrant Routing Form
Department Director
(I understand and will carry out the provisions of the grant)
Finance Director
Grant Routing Form May 2023
Describe the nature of the grant and eligible uses:
MT DNRC Urban & Community Forestry Inflation Reduction Act Grant
Alex Nordquest Parks & Rec (Forestry Div)
Alex Nordquest/Jamie Grabinski
Alex Nordquest
10.727 FY2025
$20,000 No
0.00%112-7710-454-20-99
Yes
No
Available through the MT Department of Natural Resources, Urban and Community Forestry,
this grant application request is for a second round of funding to purchase trees and offer a
voucher program for our community engagement inititative, Branch Out Bozeman. The
vouchers will reimburse tree planting on eligible private property. Eligible uses of funds include
the purchase of trees and vouchers.
Grant reporting and requests for reimbursement is completed via an online portal Submittable.
n/a n/a n/a n/a n/a
1/14/2025
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
45547
Montana DNRC Grants Powered by Submittable
Title City of Bozeman Forestry
Division
by Alex Nordquest in Forestry - UCF IRA FY25
anordquest@bozeman.net
01/02/2025
id. 49223484
Original Submission 01/02/2025
1. Organization Information
1.1. Organization
Name
City of Bozeman Forestry Division
1.2. Has the
organization received
any DNRC Forestry
grants or subawards
previously?
No
2. Applicant Information The person completing this application. By default,
of Submittable, the person submitting this application will be the point of
contact for future communications such as reports and requests for
reimbursement for the life of this grant. You may collaborate with others to
complete the application and future forms, but you will be responsible for
the final submission of them. HERE are the instructions for collaborating
with others for this application.
2.1. Your name Alex
Nordquest
2.2. Your Phone +14065823225
2.3. Your Email anordquest@bozeman.net
2.4. Provide a
Secondary Contact
for the project.
Jamie
Grabinski
2.5. Secondary
Contact Phone
+14065822364
2.6. Secondary
Contact Email
jgrabinski@BOZEMAN.NET
3. Project Elements
3.1. Project Name Branch Out Bozeman: Volunteer Planting Sites and Voucher Program -
Round Two
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
46548
3.2. Project Location Throughout City of Bozeman CEJST and EJ Map Layers
3.3. Map of Project Location
IRA_Round_Two_Bozeman_Tree_Planting_within_Disadvantaged_Map.pdf
All applicants must upload a PDF from the Montana Urban and Community
Forestry Grant Tool that shows the location of the project.
3.4. Is the proposed
project located
entirely in a
disadvantaged area?
Yes
3.5. Have you
contacted your
DNRC Service
Forester?
Yes
3.5.1. Foresters
Name
Elias Davis
4. Project Description
4.1. Project
Description - Provide
2-3 pargraphs that
summarize your
project.
The City of Bozeman's Forestry Division received funding in the initial IRA
grant program to support tree planting projects. This effort is ongoing and
focuses on both volunteer planting sites and a voucher to discount planting
on private property. Planting more trees and educating the community are
major goals of our partnership with local nonprofit Gallatin Watershed
Council, which we're calling Branch Out Bozeman: Urban Forest Network.
We're seeking additional grant funding to strengthen this program. A
second round of planting and vouchers would allow us to reach more
residents in disadvantaged areas. We've identified several public parks &
boulevards for planting projects, and more residents could take advantage
of the voucher system to assist with the cost of planting trees on their own
property.
5. Existing Program Resources
5.1. Do you have a
tree inventory?
Yes
5.1.1. How does your
tree inventory tie to
the project?
We'd record any tree planting within city parks and boulevards on our
inventory system. We maintain an active record of over 27,000 trees,
noting new planting, various types of pruning, and removals. Trees planted
on private property through the voucher program would not be included, but
can be accounted for in future canopy assessments.
5.1.2. Upload your Tree Inventory
BozemanTreeInventory_20241223.xlsx
5.2. Do you have an
urban forest
management plan?
Yes
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
47549
5.2.1. How does your
urban forest
management plan tie
into the project?
Our management plan specifically focuses on Community Engagement and
increasing Species Diversity. We can address both items through this
project. We couldn't conduct additional plantings without volunteers, and
the voucher offers incentives for residents to plant trees at their homes.
For both programs, we can focus on tree species that are most impactful
for increasing species diversity.
5.2.2. Upload your Urban Forest Management Plan.
Bozeman_Urban_Forestry_Management_Plan.pdf
5.2.3. Is the project
located in a Tree City
USA community?
Yes
6. Federal & State Program Goals
6.1. How does your
project align with the
state and federal
program goals?
Choose all that
apply.
1. Advance public education and understanding for the social, economic,
environmental and aesthetic values of trees, forests and related resources
in communities.
2. Climate change mitigation and adaptation.
3. Expand opportunities, resources and access for underserved and at-risk
populations and communities.
4. Advance tree inventory and assessment information.
5. Promote urban forestry planning and tree management plans including
broadening community engagement.
6. Develop and encourage the profession of urban forestry through
technology transfer, education and training.
7. Increase the biodiversity, health and resilience of trees in urban and
community forests through best maintenance and management practices.
6.1.1. Explain how
the project advances
public education and
understanding for the
social, economic,
environmental and
aesthetic value of
trees, forests and
related resources in
communities.
Every volunteer planting is a chance to engage our community. We use the
opportunity to explain key benefits provided by new trees - shade for
playgrounds, grass, and buildings; biodiversity for a resilient landscape,
improved stormwater and erosion effects, and beautification.
The voucher program includes educational materials explaining the benefits
of trees. Particular focus is given to planting orientation - that trees to the
southern and western edge of the property are crucial for blocking intense
summer sun, reducing cooling demands on housing that often lacks air
conditioning.
6.1.2. Explain how
the project advances
climate change
mitigation and
adaptation.
All efforts through Branch Out Bozeman are focused on 3 main
environmental goals: improving water quality, addressing tree equity, and
reducing the urban heat island effect. This project will target areas where
new trees will maximize their impacts for climate change concerns.
Volunteer planting sites will be selected based on these criteria and the
voucher program will focus on residents living in areas most vulnerable to
climate change.
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
48550
6.1.3. Explain how
the project expands
opportunities,
resources and
access for
underserved and at-
risk populations and
communities.
The grant project would be fully within Bozeman's CEJST and EJ
disadvantaged areas. We'd be hosting volunteer events that are free and
open to the public, while the voucher offers educational resources and
incentives to purchase trees that may otherwise be cost prohibitive for
those on restricted budgets. The vouchers would offer $100 off the price of
a tree, with minimum standards on size and species to maximize the
efficacy of new plantings.
6.1.4. Explain how
the project advances
tree inventory and
assessment
information.
The Forestry Division adds all new volunteer plantings to our citywide
inventory. Every volunteer event is an opportunity to explain this powerful
management tool, and volunteers feel empowered that they've personally
contributed to the urban forest. The inventory is displayed on the City's
website, allowing for residents to navigate the map and learn more about
trees near their homes and parks.
While trees planted in the voucher program won't be included in the
inventory, Gallatin Watershed Council will track vouchers redeemed and
contact residents for planting site details.
6.1.5. Explain how
the project promotes
urban forestry
planning and tree
management plans,
including broadening
community
engagement.
We've accomplished many of the main goals from our 2016 Urban Forest
Management Plan, but our community engagement has been lacking. Our
plan recommends we "establish a healthy and vibrant relationship between
the community and Bozeman's Forestry Division", and this goal is only
possible with community partners like the Gallatin Watershed Council.
Further grant funding would allow us to continue volunteer efforts and our
new voucher program.
6.1.6. Explain how
the project develops
and encourages the
profession of urban
forestry through
technology transfer,
education and
training.
The Forestry Division focuses heavily on its routine responsibilities
(pruning, removals, storm response) and has limited capacity for other
ways to engage residents. Volunteer events are an excellent way to
personally interact with the community and teach people the benefits of
trees. Continuing the voucher program would increase our impact on the
private landscape and ensure that participating vendors are sharing our
messaging.
6.1.7. Explain how
the project increases
the biodiversity,
health and resilience
of trees in urban and
community forests
through best
maintenance and
management
practices.
Our tree planting is always focused on increasing species diversity, but it's
also a chance to emphasize other details for tree health. The importance of
watering, mulch, trunk guards, and staking are all included in discussion &
materials. Both of these programs allow us to explain our current
overreliance on Ash and Maples and the importance of alternative species
for our urban environment. An important aspect to educate the public on is
the necessity of introduced, non-native species that are perfectly suitable
for the Bozeman area.
7. Project Personnel
7.1. List the Project
Personnel
I would like to use the provided table for my project personnel information.
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
49551
7.1.1. Provided Project Personnel Table
Project Personnell List.xlsx
7.2. Supplemental
Information - Project
Personnel Narrative.
If desired, use this
space to explain or
expand on the
Personnel
information.
Alex Nordquest - Alex would be heavily involved with this project, working
directly with GWC staff to select planting sites within the disadvantaged
map. This would include both park spaces and street boulevards lacking
tree canopy. He would also contribute to any revisions of the previous
grants' voucher design & implementation.
Forestry Staff - Wynn, Amy, Jesse, and Luke would contribute when it's
time to purchase/deliver trees on volunteer days. They've also provided
valuable input on potential sites within the disadvantaged map layers. Staff
involvement with planting events would be minimized to simply dropping off
trees and supplies, as most volunteer events with be led by GWC off-
hours.
Lilly McLane - Lilly would be heavily involved, directly assisting in the
selection of planting sites and leading creation of the voucher program.
Tess Parker - Tess is GWC's lead for volunteer events of all kinds. She's
participated in several Forestry events and has the expert knowledge
necessary to lead volunteers through the details of a successful tree
planting.
8. Leveraging Local Support and Outreach
8.1. List local groups
and people
supporting the project
with in-kind
contributions and
volunteering time.
I would like to use the provided table for my Leveraging Local Support and
Outreach information.
8.1.1. Provided table for Leveraging Local Support and Outreach.
Leveraging Support List.xlsx
8.2. Supplemental
Information -
Leveraging Support
Narrative. If desired,
use this space to
explain or expand on
the Leveraging
Support List.
The local support lists includes several potential partners. Our planting
sites aren't finalized for this project yet, but all partners listed have
participated in previous events with either time or donations. Further local
support could expand with increased awareness and outreach.
9. Project Work Plan and Schedule
9.1. Outline the
Project Work Plan
and Schedule
I would like to use the provided table for my Project Work Plan and
Schedule.
9.1.1. Provided Table for Work Plan and Schedule
TableTemplate.xlsx
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
50552
9.2. Supplemental
Information - Project
Work Plan and
Schedule Narrative.
If desired, use this
space to explain or
expand on the
Project Plan and
Schedule.
Volunteer planting sites would be selected for 2025, with the process
repeated for 2026 and possibly 2027 (May-June) if needed. Gallatin
Watershed Council staff will provide outreach and advertising to announce
events and conduct volunteer signups and waivers.
Once vouchers are distributed (likely summer of 2026 for this grant), GWC
staff would track redeemed vouchers and provide follow-up with residents.
This would include information on the location of trees planted and resident
commitments to watering and other key maintenance items for healthy
trees.
9.3. Does your
project include tree
planting?
Yes
9.3.1. Upload your 3-year tree establishment plan.
Branch_Out_Bozeman_-_3_Year_Tree_Establishment_Plan.docx
9.4. Does your
project include a tree
planting cost-share
program?
Yes
10. Project Monitoring and Effectiveness
10.1. Describe how
your project will meet
the needs of and
specifically benefit
the disadvantaged
community and
population where the
project is located.
Outline long-term
results, outputs and
deliverables.
This project would provide direct benefits to the community within
Bozeman's CEJST and EJ mapped areas. We're specifically targeting
parks and boulevards within this area for our volunteer projects, and the
voucher program will only be available to residents within the mapped area.
All volunteer plantings will be added to our tree inventory and reflected on
map layers for the Branch Out Bozeman website. Annual maintenance and
tree inspections would be conducted by Forestry staff. We'd also track all
redeemed vouchers and display metrics on those plantings (distribution,
species, etc.). These map layers would be open to the public on the Branch
Out Bozeman website, developing into year-over-year measurements of
the project's success.
10.2. Describe any
potential challenges
that could impact the
project.
Any staff turnover (from either the Forestry Division or Gallatin Watershed
Council) would impact this project. However, the central goals & methods of
the effort would be recorded by both parties to ensure continuity.
Another challenge could be volunteer commitment. Failure of volunteers to
actually attend their scheduled events, or in fewer numbers than promised,
would make completion of planting events more difficult. Inclement weather
may lead to rescheduling of events and complicate the limited window for
successful planting given Bozeman's hot and dry summers. For the voucher
program, we don't know how much demand to expect. Another round of 50
vouchers through this grant may not be enough to satisfy interest.
11. Budget
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
51553
Check "More
Information" to learn
about direct and
indirect costs.
More Information
Direct costs are those that are directly and only related to a project. For
example: the hours that the organizations forester spends on a particular
project, similarly the miles that are driven by the forester to the project
location. If a mailing is part of the project, the cost of printing, envelopes
and stamps are considered direct costs. Indirect costs are those that are
not directly and only related to a specific project but are spread across the
entire organization or several projects. Examples are: rent for the office,
the electric bill for the organization. Salary/wages/benefits can be
assessed to indirect costs as well, such as an accountant who handles the
accounting for the entire organization and does not track how their hours
are spent. Indirect costs are not itemized but are instead paid at a
percentage of the Direct costs. Organizations can negotiate a rate with the
federal government if they are directly awarded federal funds. This is called
a Negotiated Indirect Cost Rate Agreement (NICRA.) Organizations with a
NICRA are eligible to request their full percentage rate for any award that
comes from federal funds. They can request a smaller rate, but never more
than the NICRA. Organizations without a NICRA are eligible to request
Indirect Costs at the de minimis rate of 15%. You can request less than
15% but unless you have a NICRA, you cannot request more than 15%.
11.1. Are you
requesting indirect
costs for this
project?
No
Budget Table Instructions IRA Funds- No Match Required 1. Download the
Project Budget Table Worksheet. 2. Save the budget table worksheet to
your local drive. 3. Complete your budget. Use only numbers in the
columns. For example, do not use "/hour" or "per hour", it will cause the
formulas to fail. 4. Upload completed budget table worksheet below. Rows
and columns of the budget table worksheet should tabulate for you.
However, please review your math and totals.
11.2. Upload Completed Project Budget Table
City_of_Bozeman_-_UCF_IRA_FY25_-_Budget_Table.xlsx
11.3. Total Funds
Requested.
20000
12. Supporting Documentation
12.1. Supplemental
Information - Upload
any supporting
documentation you
would like included in
the application.
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
52554
13. Certification and Authorization to Sign
13.1. Certification
and Authority to Sign
Yes, I am authorized to sign this application on behalf of the organization I
represent.
13.1.1. Federal
Funding Certification
Statement
Alex Nordquest
Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA
53555
System for Award Management (SAM.gov) profile
Please identify your organization to be associated with this application.
All organization information in this section will come from the System for Award Management (SAM) profile for
that organization.
CITY OF BOZEMAN
Information current from SAM.gov as of:11/04/2024
UEI-EFT:EEAPKALAEM35
DUNS (includes DUNS+4):083705293
Employer Identification Number (EIN):816001238
Organization legal name:CITY OF BOZEMAN
Organization (doing business as) name:
Mailing address:121 N ROUSE AVE BOZEMAN, MT 59715-3740
Physical address:121 N ROUSE AVE BOZEMAN, MT 59715-3740
Is your organization delinquent on any federal debt?N
SAM.gov registration status:Active as of 10/14/2024
We have reviewed our bank account information on our SAM.gov profile to ensure it is up to date
Applicant information
Please provide the following additional information about the applicant.
Applicant name Bozeman Fire Department
Main address of location impacted by this grant
Main address 1 300 East Oak Street
Main address 2 121 N. Rouse Ave.
City Bozeman
State/territory MT
Zip code 59715
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Zip extension 1230
In what county/parish is your organization physically
located? If you have more than one station, in what
county/parish is your main station located?
Gallatin County, MT
Applicant characteristics
The Assistance to Firefighters Grants Program's objective is to provide funding directly to fire departments and
nonaffiliated EMS organizations or a State Fire Training Academy for the purpose of protecting the health and
safety of the public and first responder personnel against fire and fire-related hazards. Please review the
Notice of Funding Opportunity Announcement (NOFO) for information on available program areas and for
more information on the evaluation process and conditions of award.
Please provide the following additional information about the applicant.
Applicant type:Fire Department/Fire District
Is this grant application a regional request? A regional
request provides a direct regional and/or local benefit
beyond your organization. You may apply for a
regional request on behalf of your organization and
any number of other participating eligible
organizations within your region.
No
What kind of organization do you represent?All Paid/Career
How many active firefighters does your department
have who perform firefighting duties?
45
How many of your active firefighters are trained to the
level of Firefighter I or equivalent?
45
How many of your active firefighters are trained to the
level of Firefighter II or equivalent?
45
Are you requesting training funds in this application to
bring 100% of your firefighters into compliance with
NFPA 1001?
No
Which of the following standards does your organization meet regarding physicals? If physicals are not
required then do not select any option. (optional)
Meets NFPA or 1582 standard
Meets NTSB or DOT standard
Meets State/Local standard
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20557
How many members in your department are trained
to the level of EMR or EMT, Advanced EMT or
Paramedic?
45
Does your department have a Community Paramedic
program?
No
How many stations are operated by your department?3
Does your organization protect critical infrastructure
of the state?
Yes
Please describe the critical infrastructure protected
below.
In our First Due Response area, we provide
protection to many critical infrastructures. For
example, in Bozeman School District 7, there are
13 public K-12 schools plus 3 private K-12
schools that are dispersed over a five-mile radius.
In addition to our K-12 schools, we provide fire
protection and EMS response to Montana State
University and Gallatin College which collectively
have an enrollment of approximately 17,000
students annually. Located on the Montana State
University campus is the Brick Breeden
Fieldhouse and the Bobcat Stadium which are two
venues that host sporting events, concerts, large
scale trainings, political events, and other public
gatherings. The Bozeman Fire Department (BFD)
also provides protection to two large healthcare
facilities -Bozeman Health and Billings Clinic plus
smaller health facilities such as Community
Health Partners which is a federally qualified
health center. The Bozeman Fire Department also
protects the Regional Water/Wastewater
Treatment plants, which interfaces with the
Custer Gallatin National Forest, for the City of
Bozeman. And in terms of chemical and
manufacturing facilities, BFD provides protection
for Exxon and Phillips 66 bulk storage and
distribution facility. These facilities are within a
couple of miles of BFD’s fire station 1, but there
are two major transportation facilities located
between BFD and facilities. These two major
transportation facilities include Interstate 90 and
several at grade Burlington Northern Railroad
crossings. BFD also provides fire and EMS
response to both transportation facilities. BFD
participates in mutual aid assistance with other
career departments as well as volunteer
departments. This mutual aid agreement also
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includes wildland response in addition to the
critical infrastructure listed here. Finally,
according to the Census Bureau’s Population
Estimates program, the City of Bozeman’s
population increased from 2010 to 2020 by 69%
(U.S. Census Bureau QuickFacts: Bozeman city,
Montana). One of the largest industries in the City
for major critical infrastructure is the construction
industry. There is much new construction for BFD
to protect.
Do you currently report to the National Fire Incident
Reporting System (NFIRS)? You will be required to
report to NFIRS for the entire period of the grant.
Yes
Please enter your FDIN/FDID.06001
Do you offer live fire training?Yes
What is the total number of live fire training exercises
conducted per year on average?
4
Operating budget
What is your organizations operating budget (e.g., personnel, maintenance of apparatus, equipment, facilities,
utility costs, purchasing expendable items, etc.) dedicated to expenditures for day-to-day activities for the
current (at time of application) fiscal year, as well as the previous two fiscal years?
Current fiscal year:2025
What percentage of the declared operating budget is
dedicated to personnel costs (salary, benefits,
88
Fiscal Year Operating budget
2025 $9,016,600.00
2024 $8,110,800.00
2023 $6,964,407.00
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overtime costs, etc.)?
Does your department have any rainy day reserves,
emergency funds, or capital outlay?
Yes
What is the total amount currently set aside?0.00
Describe the planned purpose of this fund.BFD has a capital equipment fund which is
supported by a dedicated property tax levy. The
purpose of this capital fund is to cover the cost of
vehicle replacements, other apparatus, and large
purchases such as radios, SCBAs, and PPE. With
the cost overrun for Fire Station #2, inflation, and
increased demand for services, this fund is in a
deficit. In November 2024, the City levied for a
new bond for recruitment and Fire Station #4. It
was denied by voters and this fund is still in
deficit.
Describe your financial need and how consistent it is
with the intent of the AFG Program. Include details
The City of Bozeman Fire Department is a
municipal fire department serving just over
What percentage of the declared
operating budget is derived from the
following
2025 2024 2023
Taxes 90 100 100
Bond issues 0 0 0
EMS billing 0 0 0
Grants 9 0 0
Donations 0 0 0
Fund drives 0 0 0
Fee for service 1 0 0
Other 0 0 0
Totals 100 %100 %100 %
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describing your organization's financial distress such
as summarizing budget constraints, unsuccessful
attempts to secure other funding, and proving the
financial distress is out of your control.
twenty-one square miles with a permanent
resident population of approximately 57,305
people. On average, the daily population
increases by approximately 21,000 people coming
into the city for work or personal business. The
Fire Department’s operational budget is funded
by the City General Fund primarily through local
property taxes, state shared taxes, and service
billing and grants for the fiscal year 2025 budget.
There is no sales tax in the State of Montana.
Typically for major capital improvement or
operational budget constraints, the City relies on
voter approval for a construction bond or mill
levy. The Bozeman FD has experienced several
budget constraints this year. Two challenges for
Bozeman FD are recruitment and affordable
housing. Most of the budget is spent on
personnel and fringe benefits. Per the collective
bargaining agreement for the current fiscal year,
the fire department’s current base wage increased
by 6.5%, the health insurance cost increased by
5.77%, and basic life insurance increased by 20%.
The City of Bozeman FD has equitable salaries
and benefits compared to peer communities, but
the availability and cost of housing is significantly
more challenging in Bozeman. Often housing
expenses are more than the suggested 30% of
income which makes recruitment difficult.
Another financial setback that Bozeman and
consequently the Fire Department experienced
this year is diminished revenue from newly
taxable property. Local governments are limited
by MT State law to increasing property tax
revenue by half the rate of inflation for the
previous three years, plus new growth.
Essentially this means that new growth in
Bozeman is funding the maintenance of our
current operations, over time resulting in a
reduction in overall level of service. And due to
the rapid growth in Bozeman, Gallatin County,
and many cities in MT, the Montana Department of
Revenue is struggling to keep up with adding new
property onto tax rolls. Meaning newly taxable
value is not being added to the Cities property tax
revenue equation, resulting in lower overall
revenues than we included in the 2025 Biennium
budget. While cost of living, labor expenses and
the demand for public safety services remain
high, the ability to recoup property tax revenue
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was much less than expected. This budget
shortfall has affected the Fire Department’s
operational abilities. In addition to the tax revenue
constraints, the capital project completed in
September 2024 created a large deficit for the Fire
Department. Located on Montana State University
campus, Bozeman voters approved a $6.73
million general obligation bond in 2021 for the
new fire station. Unfortunately, during that time,
on the heels of Covid, the market was quite
volatile for infrastructure projects, and it was over
$14 million for the new fire station, which has
strained the General Fund overall. Committed to
public safety though, Bozeman approached
voters again on the November 2024 ballot for a
second general obligation bond to build a new fire
station #4. Fire station #4 was estimated at $18
million dollars and planned to be strategically
constructed on the West side of the City where
much of the new growth is occurring. Also, it
would have added 25 firefighters, staff positions,
PPE and supplies. Unfortunately, the bond
measure was not approved. The Bozeman FD
received a SAFER grant in October 2024 which
will help with staffing concerns. However, the
overall financial challenge is increased demand
for services, exponential residential and business
growth in Gallatin County juxtaposed with
resident tax fatigue, challenging housing prices,
and steady inflation rates affecting the cost of
living. Without AFG, the Bozeman FD will require
additional discretionary General Fund dollars to
purchase critical PPE and equipment, resulting in
a need to freeze positions in the General Fund for
Fire and other departments.
In cases of demonstrated economic hardship, and
upon the request of the grant applicant, the FEMA
Administrator may grant an Economic Hardship
Waiver. Is it your organization's intent to apply for an
Economic Hardship Waiver?
No
Other funding sources
This fiscal year, are you receiving Federal funding
from any other grant program for the same purpose
for which you are applying for this grant?
No
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This fiscal year, are you receiving Federal funding
from any other grant program regardless of purpose?
Yes
Please provide an explanation for other funding sources in the space provided below.
We received a FEMA SAFER grant in October 2024.
Applicant and community trends
Please provide the following additional information about the applicant.
How many vehicles does your organization have in each of the type or class of vehicle listed below? You must
include vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or
otherwise currently under contract for purchase or lease by your organization but not yet in your possession.
Injuries and fatalities 2023 2022 2021
What is the total number of fire-related civilian fatalities in your
jurisdiction over the last three calendar years?
0 0 0
What is the total number of fire-related civilian injuries in your
jurisdiction over the last three calendar years?
0 0 0
What is the total number of line of duty member fatalities in your
jurisdiction over the last three calendar years?
0 0 0
What is the total number of line of duty member injuries in your
jurisdiction over the last three calendar years?
9 15 10
What is the total number of members with self-inflicted fatalities
over the last three years?
0 0 0
Seated riding positions
The number of seated riding positions must be equal or greater than the total number of frontline
and reserve apparatus. If there are zero frontline and zero reserve apparatus, the number of
seated riding positions must be zero..
Type or class of vehicles
Number
of
frontline
apparatus
Number
of reserve
apparatus
Number
of seated
riding
positions
Engines or pumpers (pumping capacity of 750 gallons per minute
(GPM) or greater and water capacity of 300 gallons or more):
pumper, pumper/tanker, rescue/pumper, foam pumper, CAFS
pumper, type I, type II engine urban interface.
2 2 16
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How many ALS Response vehicles are in your fleet?3
Is your department facing a new risk, expanding
service to a new area, or experiencing an increased
call volume?
Yes
Please explain how your department is facing a new
risk, expanding service to a new area, or
experiencing an increased call volume.
The Bozeman Fire Department (BFD) has
operated with three fire stations, housing a
Battalion, two engines, and a truck since 2009.
The City continues to experience significant
population growth and development. In calendar
year 2024, the City of Bozeman has annexed 165
acres with four more developments pending
approval. With this annexation and additional
developments, the service area has expanded to
the west and southwest sides of the City
increasing our response time. As part of the 2022-
2024 BFD Strategic Plan, the department is
implementing a Quick Response Vehicle to meet
operational needs of the increased response time.
Type or class of vehicles
Number
of
frontline
apparatus
Number
of reserve
apparatus
Number
of seated
riding
positions
Ambulances for transport and/or emergency response.2 0 4
Tankers or tenders (water capacity of 1,000 gallons or more).0 0 0
Aerial apparatus: aerial ladder truck, telescoping, articulating,
ladder towers, platform, tiller ladder truck, quint.
1 0 4
Brush/quick attack (pumping capacity of less than 750 GPM and
water carrying capacity of at least 300 gallons): brush truck, patrol
unit (pickup w/ skid unit), quick attack unit, mini-pumper, type III
engine, type IV engine, type V engine, type VI engine, type VII
engine.
2 0 6
Rescue vehicles: rescue squad, rescue (light, medium, heavy),
technical rescue vehicle, hazardous materials unit.
1 0 4
Additional vehicles: EMS chase vehicle, air/light unit, rehab units,
bomb unit, technical support (command, operational
support/supply), hose tender, salvage truck, ARFF (aircraft rescue
firefighting), command/mobile communications vehicle.
1 0 2
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Community description
Please provide the following additional information about the community your organization serves.
Type of jurisdiction served City
What type of community does your organization
serve?
Suburban
What is the square mileage of your first due response
zone/jurisdiction served?
21
What percentage of your primary response area is
protected by hydrants?
95
What percentage of your primary response area is for the following:
Percentage
(must sum to
100%)
Agriculture, wildland, open space, or undeveloped properties 5
Commercial and industrial purposes 25
Residential purposes 70
Total 100
What is the permanent resident population of your
first due response zone/jurisdiction served?
57305
Do you have a seasonal increase in population?Yes
What is your seasonal increase in population (number
of people)?
2000000
Please describe your organization and/or community
that you serve.
Geographically, Bozeman Fire Department is
located in south central Montana, adjacent to the
Missouri River Headwaters valley with mountains
surrounding the area. The Bridger Mountain range
is to the northeast, Hyalite Canyon to the South,
and Gallatin Canyon to the Southwest,
collectively all are in the Custer Gallatin National
Forest. The Bozeman Fire Department is located
along U.S. Interstate 90 which is heavily traveled
daily. Lastly, this area of Gallatin County is home
to the Yellowstone International Airport which is
the busiest airport (bozemanairport.com) in the
State bringing many travelers to the area.
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Bozeman is the fourth largest city in Montana and
is the county seat for Gallatin County. Bozeman is
a continuously growing community. In the 2023
census (Montana Cities by Population (2024)),
Bozeman’s population was 57,305. Since 2020,
Bozeman has experienced a four percent increase
in population on average each year. During 2018-
2020, Bozeman was deemed the fastest growing
micropolitan statistical area in the U.S. In addition
to the permanent resident population,
approximately 21,000 people commute into the
City for work or personal business daily.
Bozeman is also home to Montana State
University which has an annual student
population of approximately 17,000 students per
year (Fall Headcount Enrollment History -
University Data & Analytics | Montana State
University). And finally, Bozeman is a recreation
hub offering world class hunting, fishing, skiing,
hiking, biking, camping and outdoor recreation,
and the recreational opportunities bring many
visitors to the City weekly. The Bozeman Fire
Department, organized in 1884, currently has
three stations. Fire Station #1 is located just
northeast of the downtown city center; Fire
Station #2 is located on Montana State University
campus; and, Fire Station #3 is centrally located.
The Department employs 45 line personnel that
provide structural and wildland firefighting
capabilities, EMS, hazardous materials response,
technical rescue, unmanned aerial systems,
public education, and fire prevention. The FD has
9 response apparatus. Within the City’s
boundaries, Interstate 90 separates sections of
the City to the north from the south. Also, U.S.
Route 191 runs east to west through the center of
Downtown Bozeman which many semi-trucks
travel daily presenting unsafe situations near
pedestrians. Within 15 miles of fire station #1,
there is the Bridger Bowl Ski area which brings
many visitors to the area, sometimes during
hazardous weather conditions. And
approximately nine miles away, there is the
Bozeman Yellowstone International Airport where
the fire department provides mutual aid to Central
Valley Fire District. With the SAFER grant
awarded in October 2024, the Bozeman Fire
Department is on target to recruit twelve new line
firefighters by March 2028. This addition will
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greatly help with the City’s largest challenge -
growth. As the City continues to annex new area
further west for extensive development and
construction (https://www.foxbusiness.com/real-
estate/bozeman-montana-home-booming-real-
estate-market), the Department is challenged with
increased service demands and increased
response time.
Call volume
Summary 2023 2022 2021
Fire - NFIRS Series 100 69 89 103
Overpressure Rupture, Explosion, Overheat (No Fire) - NFIRS Series 200 6 6 3
Rescue & Emergency Medical Service Incident - NFIRS Series 300 2283 2714 2716
Hazardous Condition (No Fire) - NFIRS Series 400 361 272 213
Service Call - NFIRS Series 500 331 282 311
Good Intent Call - NFIRS Series 600 554 621 452
False Alarm & Falls Call - NFIRS Series 700 577 670 541
Severe Weather & Natural Disaster - NFIRS Series 800 0 7 1
Special Incident Type - NFIRS Series 900 8 7 7
Total 4189 4668 4347
Fire
How many responses per year per category?2023 2022 2021
"Structure Fire" (Of the NFIRS Series 100 calls, NFIRS Codes 111-120)35 50 58
"Vehicle Fire" (Of the NFIRS Series 100 calls, NFIRS Codes 130-138)10 11 8
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How many responses per year per category?2023 2022 2021
"Vegetation Fire" (Of the NFIRS Series 100 calls, NFIRS Codes 140-143)7 13 18
Total 52 74 84
Total acreage per year 2023 2022 2021
Total acreage of all vegetation fires 2 2 3
Rescue and emergency medical service incidents
How many responses per year per category?2023 2022 2021
"Motor Vehicle Accidents" (Of the NFIRS Series 300 calls, NFIRS Codes 322-
324)
307 334 411
"Extrications from Vehicles" (Of the NFIRS Series 300 calls, NFIRS Code
352)
2 9 6
"Rescues" (Of the NFIRS Series 300 calls, NFIRS Code 300, 351, 353-381)28 21 18
EMS-BLS Response Calls 0 0 0
EMS-ALS Response Calls 1939 2350 2281
EMS-BLS Scheduled Transports 0 0 0
EMS-ALS Scheduled Transports 0 0 0
Community Paramedic Response Calls 0 0 0
Total 2276 2714 2716
Mutual and automatic aid
How many responses per year per category?2023 2022 2021
Amount of times the organization received Mutual Aid 0 0 0
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How many responses per year per category?2023 2022 2021
Amount of times the organization received Automatic Aid 5 8 5
Amount of times the organization provided Mutual Aid 0 0 0
Amount of times the organization provided Automatic Aid 12 17 24
Of the Mutual and Automatic Aid responses, amount that were structure fires 17 39 51
Total 34 64 80
Grant request details
Are you requesting a Micro Grant? A Micro Grant is
limited to $75,000 in federal resources.
No
Grand total: $602,090.00
Program area: Operations and safety
Activity: Personal Protective Equipment (PPE)$215,440.00
Activity: Equipment $386,650.00
Grant request summary
The table below summarizes the number of items and total cost within each activity you have requested
funding for. This table will update as you change the items within your grant request details.
Grant request summary
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Is your proposed project limited to one or more of the following activities : Planning and development of
policies or processes. Management, administrative, or personnel actions. Classroom-based training.
Acquisition of mobile and portable equipment (not involving installation) on or in a building.
Yes
Activity Number of items Total cost
Personal Protective Equipment
(PPE)
12 $215,440.00
Equipment 10 $386,650.00
Total 22 $602,090.00
Budget summary
Budget summary
Object class categories Total
Personnel $0.00
Fringe benefits $0.00
Travel $0.00
Equipment $471,000.00
Supplies $131,090.00
Contractual $0.00
Construction $0.00
Other $0.00
Total direct charges $602,090.00
Indirect charges $0.00
TOTAL $602,090.00
Non-federal resources
Applicant $54,735.45
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Object class categories Total
State $0.00
Other sources $0.00
Remarks
Total Federal and Non-federal resources
Federal resources $547,354.55
Non-federal resources $54,735.45
TOTAL $602,090.00
Program income $0.00
Contact information
Did any individual or organization assist with the development, preparation, or review of the application to
include drafting or writing the narrative and budget, whether that person, entity, or agent is compensated
or not and whether the assistance took place prior to submitting the application?
Yes
Application participants
Please add all individuals or organizations who assisted with the application.
Include all individuals or organizations who assisted with the development, preparation, or review of the
application to include drafting or writing the narrative and budget, whether that person, entity, or agent is
compensated or not and whether the assistance took place prior to submitting the application or not.
Jamie Grabinski
jgrabinski@bozeman.ne
Primary phone
4065822364
Work
Mailing address
121 N. Rouse Ave.
Bozeman MT 59715
1230
Fax
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Secondary point of contact
Please provide a secondary point of contact for this grant.
The Authorized Organization Representative (AOR) who submits the application will be identified as the
primary point of contact for the grant. Please provide one secondary point of contact for this grant below.
The secondary contact can be members of the fire department or organizations applying for the grant that
will see the grant through completion, are familiar with the grant application, and have the authority to
make decisions on and to act upon this grant application. The secondary point of contact can also be an
individual who assisted with the development, preparation, or review of the application.
MR Steven Thime
Training Officer
sthime@bozeman.net
Primary phone
4065822354
Work
Additional phones
4065703920
Mobile
Fax
Assurance and certifications
SF-424B: Assurances - Non-Construction Programs
OMB Number: 4040-0007
Expiration Date: 02/28/2025
Certain of these assurances may not be applicable to your project or program. If you have any questions,
please contact the awarding agency. Further, certain Federal awarding agencies may require applicants
to certify to additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay the non-Federal share of project cost) to
ensure proper planning, management and completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the
State, through any authorized representative, access to and the right to examine all records, books,
papers, or documents related to the award; and will establish a proper accounting system in
accordance with generally accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or personal
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gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the
awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to
prescribed standards for merit systems for programs funded under one of the 19 statutes or
regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel
Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited
to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as
amended (20 U.S.C.§§1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug
Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of
1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing; any other
nondiscrimination provisions in the specific statute(s) under which application for Federal
assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which
may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which
provide for fair and equitable treatment of persons displaced or whose property is acquired as a
result of Federal or federally-assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-
7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and
Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood
hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act of
1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant
to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved
State management program developed under the Coastal Zone Management Act of 1972 (16
U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
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amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species
Act of 1973, as amended (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of
historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
§§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.
§§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for
research, teaching, or other activities supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the
Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local
Governments, and Non-Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations,
and policies governing this program.
19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA)
of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient
from (1) Engaging in severe forms of trafficking in persons during the period of time that the award
is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or
(3) Using forced labor in the performance of the award or subawards under the award.
Certifications regarding lobbying
OMB Number: 4040-0013
Expiration Date: 02/28/2025
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting 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
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions.
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3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting 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 this commitment providing for the
United States to insure or guarantee a loan, the undersigned shall complete and submit Standard
Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. Submission of
this statement is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
SF-LLL: Disclosure of Lobbying Activities
OMB Number: 4040-0013
Expiration Date: 02/28/2025
Complete only if the applicant is required to do so by 44 C.F.R. part 18. Generally disclosure is required
when applying for a grant of more than $100,000 and if any funds other than Federal appropriated funds
have been paid or will be paid to any person for influencing or attempting 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 this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions. Further, the recipient shall file a disclosure form at the end of each
calendar quarter in which there occurs any event described in 44 C.F.R. § 18.110(c) that requires
disclosure or that materially affects the accuracy of the information contained in any disclosure form
previously filed by the applicant.
The applicant is not currently required to submit the SF-LLL.
1. Type of federal action:grant
2. Status of federal action:bid/offer/application
3. Report type:initial filing
4. Name and address of reporting entity:Prime
OMB number: 4040-0013, Expiration date: 02/28/2025 View burden statement
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Name City of Bozeman Fire Department
Street 1 300 East Oak Street
Street 2 121 N. Rouse Ave.
City Bozeman
State MT
Zip 59715
Zip Ext 1230
Congressional district, if known:MT-01
6. Federal department/agency:Homeland Secuirty
7. Federal program name/description:Assistance to Firefighters Grant Program
CFDA number, if applicable:97.044
8. Federal action number, if known:
9. Award amount, if known:$0.00
10a. Name and address of lobbying registrant:
Prefix
First name n/a
Middle name
Last name n/a
Suffix
Street 1 n/a
Street 2
City n/a
State MT
Zip 59715
Zip Ext
10b. Individual performing services: (including address if different from No. 10a)
Prefix
First name n/a
Middle name
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Last name n/a
Suffix
Street 1
Street 2
City
State
Zip
Zip Ext
11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure
of lobbying activities is a material representation of fact upon which reliance was placed by the tier above
when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352.
This information will be reported to the Congress semi-annually and will be available for public inspection.
Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Notice of funding opportunity
I certify that the applicant organization has consulted the appropriate Notice of Funding Opportunity and
that all requested activities are programmatically allowable, technically feasible, and can be completed
within the award's Period of Performance (POP).
Accuracy of application
I certify that I represent the organization applying for this grant and have reviewed and confirmed the
accuracy of all application information submitted. Regardless of intent, the submission of information that
is false or misleading may result in actions by FEMA that include, but are not limited to: the submitted
application not being considered for award, enforcement actions taken against an existing award pending
investigation or review, or referral to the DHS Office of Inspector General.
Authorized Organizational Representative for the grant
By signing this application, I certify that I understand that inputting my password below signifies that I am
the identified Authorized Organization Representative for this grant. Further, I understand that this
electronic signature shall bind the organization as if the application were physically signed and filed.
Authorization to submit application on behalf of applicant
organization
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By signing this application, I certify that I am either an employee or official of the applicant organization
and am authorized to submit this application on behalf of my organization; or, if I am not an employee or
official of the applicant organization, I certify that the applicant organization is aware I am submitting this
application on its behalf, that I have written authorization from the applicant organization to submit this
application on their behalf, and that I have provided contact information for an employee or official of the
applicant organization in addition to my contact information.
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Grant Instructions and Grant Routing Form
To ensure appropriate use, consistency and tracking of grants use this set of general
instructions and Grant Routing Form are provided. All grants regardless of amount are required
to be approved by The City of Bozeman Commission prior to receiving the grant award.
Step One: Giving Notice of Intent to Apply
Give notice of your intent to apply for the grant by submitting the Grant Routing Form. Submit
the form via DocuSign* to the appropriate supervisor (typically department Director) and the
Finance Director. Save a copy of the submittal. The grant tracking number field can be left blank
until the grant is awarded.
Per Administrative Order 2014-01 the City Manager and City Commission are required to be
notified within 30 days of all grant applications exceeding $20,000.
Step Two: Obtain Grant Tracking Number for Awarded Grants
Once a grant is awarded, contact the City Clerk’s office at 406-582-2030 to request a grant
tracking number. The official grant acceptance is contingent on City Commission approval.
Step Three: Re-Route for Final Signatures
Insert the grant tracking number on the Grant Routing Form and reroute the form via
*DocuSign for signatures.
Step Four: Commission Approval
Work with Division Director, City Manager, and the City Clerk to get the awarded grant
prepared for City Commission approval. If you need assistance in reviewing the grant terms,
contact the City Attorney’s Office to request a review of the grant terms before placing the item
on the Consent agenda.
All agreements require City Commission authorization regardless of dollar amount.
Agreements will be retained by the City Clerks’ Office.
*Each Division has staff assigned with DocuSign access. Using a single DocuSign “envelope” will
allow the same tracking form to move through the steps of the process and the signature
matrix. Reach out to the City Clerk’s Office for initial assistance sending your envelope.
Grant Not Awarded: If your application is NOT awarded, the application materials must be
retained by the applying department in accordance with Records Retention Schedule 8.
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Grant # (issued by City Clerk)
Grant Name
Grant Project Manager Department
Person Responsible for Financial Reporting
Person Responsible for Performance Reporting & Close Out
*Note: this person is also reseponsible for record retention requirements.
Grant Source Federal State Other
CDFA # (Federal Only)Fiscal year of award
Grant Amount Included in Budget?
Match Requirement (%)Budget Account Code
Match Amount
Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur.
Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses?
Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?):
Process Phase / Signature Matrix
City Clerk Commission Date
Notice of Intent
Application
Award/Contract
City Manager
City of BozemanGrant Routing Form
Department Director
(I understand and will carry out the provisions of the grant)
Finance Director
Grant Routing Form May 2023
Describe the nature of the grant and eligible uses:
FEMA Assistance to Firefighters Grant 2025
Jamie Grabinski Fire
Jamie Grabinski
Fire personnel
97.044 2025
547,354.55 No
10.00%010-3120-422-
$ 54,735.45
Yes
Yes
The purpose of the Assistance to Firefighters grant is to enhance the safety of firefighters and
therefore the public with respect to fire and fire-related hazards. The program provides direct
financial assistance to fire departments for training and equipment. The scope of our project
and grant request is to outfit the twelve (12) new SAFER firefighters that we will be onboarding
soon and also equip a Quick Response Vehicle with the necessary medical equipment.
The programmatic and financial grant reporting will be completed via FEMAgo.gov portal. If
awarded an AF grant, there will be an onboarding process.
n/a n/a n/a n/a n/a
01/14/2025
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