HomeMy WebLinkAbout03-25-25 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. FYI
E. Commission Disclosures
F. Consent
F.1 Accounts Payable Claims Review and Approval (Edwards)
F.2 Authorize the City Manager to Sign an Audit Services Standard Audit Contract Covering
Fiscal Years 2025, 2026, and 2027(Hodnett)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, March 25, 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:
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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-
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F.3 Authorize the City Manager to Ratify the Montana Department of Transportation Law
Enforcement Traffic Safety (STEP OT) Grant Application(Grabinski)
F.4 Authorize City Manager to Sign Notice of Award for Sime Construction for Story Mill
Community Park East Parking Lot, and Final Documents Once Received(Jadin)
F.5 Authorize the City Manager to Sign a Notice of Award for the Bridger Creek Flood and
Erosion Control Project to Sacred Lands Restoration, LLC DBA: Arrow Restoration and
Construction for the Lump Sum Base Bid in the Amount of $43,597.00 and Final Contract
Documents Once Received(Murray)
F.6 Authorize the City Manager to Sign an Assignment of Development Agreement Form of
Consent for the Wallace Works Urban Renewal Project(DiTommaso)
F.7 Authorize the City Manager to Sign a Memorandum of Agreement (MOA) to Provide
Assistance to Montana State University (MSU) for the MSU Public Water System(Kohtz)
F.8 Authorize the City Manager to Sign a Professional Service Agreement with Montana Lines
for Phase 1 of the 5th & Main Lighting Project(Staley)
F.9 Authorize the City Manager to Sign a Professional Service Agreement with Happy Trash Can,
LLC for the Solid Waste Organics Management Program Processing(Ross)
F.10 Authorize the City Manager to Sign a Professional Services Agreement with Morrison-
Maierle for Midtown SILD Modification(Fine)
F.11 Authorize the City Manager to Sign an Amendment 1 to a Professional Services Agreement
with SCS Unlimited Inc. for Swim Center Interior Mural Installation(Ziegler)
F.12 Authorize the City Manager to Sign a Fourth Amendment to the Professional Services
Agreement with Advantage Spraying Services, Inc. for Landscape Maintenance Services in
the Parks and Trails District(Canter)
F.13 Authorize the City Manager to Sign a Fourth Amendment to the Professional Services
Agreement with Stay Green Sprinklers Inc. for Irrigation Maintenance Services in the Parks
and Trails District(Canter)
F.14 Authorize the City Manager to Sign a Task Order 6 with Sanbell Rocky Mountain for the
Quiet Zone Railroad Crossings Project(Fine)
F.15 A Resolution, Authorizing the City Manager to Sign Change Order 5 with Constructive
Solutions, Inc. for The Downtown Alley Enhancement Pilot Project(Staley)
G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
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
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H. Action Items
H.1 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an
Initial Zoning Designation of R-4 on 0.44 Acres Including the Adjacent Right of Way, the
1519 Alder Court Lane Annexation, Application 24428(Rogers)
H.2 Review and Decision for the 2025 Impact Fee Service Area Report for
Wastewater(Saunders)
H.3 A Resolution Adopting the 2025 Service Area Report for Wastewater Impact Fees and
Establishing an Effective Date of April 5, 2025(Saunders)
H.4 Review and Decision for the 2025 Impact Fee Service Area Report for Water (Saunders)
H.5 A Resolution Adopting the 2025 Service Area Report for Water Impact Fees and Establishing
an Effective Date of April 5, 2025(Saunders)
H.6 Authorize the City Manager to sign a Gallatin Housing Impact Fund Grant Agreement with
Neighborworks Montana in support of the Hidden Creek Affordable Housing Project(Fine)
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 Annexation Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 24428 and move to approve the 1519 Alder Court Annexation subject to the
terms of annexation and direct staff to prepare an annexation agreement.
Consider the Zoning Motion: Having reviewed and considered the staff report, application materials,
public comment, recommendation of the Zoning Commission, and all information presented, I hereby
adopt the findings presented in the staff report for application 24428 and move to approve the 1519
Alder Court Zone Map Amendment with contingencies of approval necessary to complete adoption of
an implementing ordinance.
Consider the Motion: Having reviewed and considered the staff presentation, recommendation from
the Community Development Board, draft service area report, public comment, and all information
presented, I hereby find the 2025 service area report for Wastewater meets all requirements and
accept the report as the basis for wastewater impact fees.
Consider the Motion: Having reviewed and considered the staff presentation, public comment, and all
information presented, I hereby adopt the findings of the proposed Resolution and adopt the
Resolution with an effective date of April 5, 2025.
Consider the Motion: Having reviewed and considered the staff presentation, recommendation from
the Community Development Board, draft service area report, public comment, and all information
presented, I hereby find the 2025 service area report for Water impact fees meets all requirements and
accept the report as the basis for water impact fees.
Consider the Motion: Having reviewed and considered the staff presentation, public comment, and all
information presented, I hereby adopt the findings of the proposed Resolution and adopt the
Resolution with an effective date of April 5, 2025.
Consider the Motion: I move to authorize the City Manager to sign the Grant Agreement with
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I. Appointments
I.1 Appointments to the Building Board of Appeals (Newby)
J. FYI / Discussion
K. Adjournment
Neighborworks Montana.
Consider the Motion: I move to appoint two members to the Building Board of Appeals to terms
ending December 31, 2026 or December 31, 2027.
-AND-
I move to appoint ______________________ as Vice-Chair of the Building Board of Appeals.
-AND-
I move to adjust the term of Eugene Graf, who was appointed at the January 14th, 2025 Commission
meeting, to a term ending December 31st, 2027.
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:March 25, 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 March 26, 2025.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: August 21, 2024
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Memorandum
REPORT TO:City Commission
FROM:Melissa Hodnett, Finance Director
SUBJECT:Authorize the City Manager to Sign an Audit Services Standard Audit
Contract Covering Fiscal Years 2025, 2026, and 2027
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign audit services standard audit contract
covering fiscal years 2025, 2026, and 2027.
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:MCA Section 2-7-503 requires that a financial report be prepared every year.
This statute also requires a biannual audit of the financial report - including
the accounts, financial records, and transactions of all administrative
departments of the City - by independent certified public accountants
selected by the City Commission. The City Commission and City
Administration have historically believed that an annual audit provides a
higher level of financial assurance and fiscal integrity than a biannual audit,
and this intension is expressed in Section 5.09 of the City Charter. The
Association of International Certified Public Account (AICPA) through AU-C
210 requires the terms of an audit engagement to be documented in an
audit engagement letter. The audit services standard audit contract for
fiscal years 2025, 2026, and 2027.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None, this agreement is included in the adopted budget.
Attachments:
Standard_Audit_Contract_1.29.25.pdf
Report compiled on: March 13, 2025
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DEPARTMENT OF ADMINISTRATION
STANDARD AUDIT CONTRACT
This Contract is made this 29th day of January , 2025 , by and among
Eide Bailly, LLP Certified Public Accountant ("Contractor"), City of Bozeman, Montana
Governmental Entity
("Entity"),
and the Montana Department of Administration, Local Government Services, ("State"), acting under the authority of Title 2, Chapter 7, Part 5, of the Montana Code Annotated. The State’s mailing address, phone
number and e-mail address are P.O. Box 200547, Helena, MT 59620-0547; (406) 444-9101; and LGSPortalRegistration@mt.gov.
1.Effective Date: This contract is not effective with respect to any party until it is approved and signed bythe State, as required by Section 2-7-506(3), MCA. The Contractor may not begin any audit work until
the State gives this approval. If the Contractor begins work before the State’s approval of the contract and
the State subsequently does not approve the contract, the Contractor is not entitled to receive anycompensation for the work performed.
2.Audit Period and Payment: This contract covers the following audit period(s):
July 1 , 2024 to June 30 , 2027 .
A.The Entity shall pay the Contractor for the audit work on the basis of time and necessary out-of-pocketexpenses, which will not exceed:
$ 107,000 for initial (or sole) audit covering 07/01/2024 to 06/30/2025.
$ 115,250 for subsequent audit covering 07/01/2025 to 06/30/2026 . $ 121,000 for subsequent audit covering 07/ 01/ 2026 to 06/ 30/2027 .
The Entity shall pay the fees listed in Appendices A, B & C, as applicable, which are attached hereto
and incorporated by reference. Any change to the audit fees requires a contract amendment.
B.The contract payments do not include the cost of additional work that may be required if the Contractordiscovers a defalcation or material irregularity. Any change in the scope of the audit services to beprovided under this contract requires a contract amendment.
C.The Contractor may submit interim bills to the Entity each month, based upon the estimated percentageof contract completion. The Entity may retain ten percent (10%) of each of these estimates until theContractor has delivered the final audit report, at which time the Entity shall release the amountretained.
3.Peer Review: The Contractor shall provide the Entity with a copy of its most recent external peer reviewreport and any letter of comment, and any subsequent peer review reports and letters of comment received
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during the contract period.
4. Audit Scope: The Contractor shall perform the following:
A. The Contractor shall conduct the audit in accordance with (i) generally accepted auditing standards adopted by the American Institute of Certified Public Accountants and (ii) the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the
United States.
The Contractor shall opine on the presentation of the Entity’s financial statements in accordance with the Entity’s applicable financial reporting framework prescribed at Section 2-7-504, MCA.
If the Contractor’s opinion on the Entity’s financial statements is other than unmodified, the Contractor
shall fully discuss the reasons with the Entity in advance of issuing a report. If, for any reason, the Contractor is unable to complete the audit or is unable to form or has not formed an opinion, the Contractor may decline to express an opinion or decline to issue a report as a result of the engagement.
B. The Contractor shall perform tests of internal control over financial reporting. Findings resulting from
these tests shall be reported in accordance with Government Auditing Standards C. The Contractor shall perform tests of the Entity’s compliance with provisions of laws, regulations, contracts, and grant agreements. The Contractor shall use the local government compliance supplement
prepared by the State, as required by Section 2-7-505(2), MCA, in conjunction with Government
Auditing Standards to determine the compliance testing to be performed during the audit. Findings resulting from these tests shall be reported in accordance with Government Auditing Standards. If the Contractor becomes aware of fraud, waste or abuse, the Contractor shall report related findings in accordance with Government Auditing Standards. The Contractor shall perform tests, including but not
limited to the following, to determine whether:
(1) the Entity has complied with all appropriate statutes and regulations, as required by Section 2-7-502, MCA;
(2) the Entity has complied with the provisions of each of its debt covenants and agreements;
(3) if the audit is of a county, city or town, the Entity has retained money in a local charge for services fund contrary to the requirements of Sections 17-2-301 through 17-2-303, MCA, as required by Section 17-2-302, MCA. The Contractor shall report any findings of noncompliance with the
provisions of these statutes, regardless of materiality; and
(4) if the audit is of a county or consolidated city/county government, the Entity has complied with state laws relating to receipts and disbursements of agency or custodial funds maintained by the Entity, as required by Section 2-7-505, MCA.
If required by the State, the Contractor shall provide documentation of testing performed to comply with (3) and (4), above.
D. When applicable, the audit must meet all requirements of the Federal Single Audit Act of 1984, as
amended, and Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”). If these federal regulations are amended, the amended regulations will prevail.
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E. The audit scope with regard to federal financial assistance for each fiscal year covered by this contract
must be as specified in Appendices A, B and C. Any change to the audit scope with regard to federal
financial assistance requires a contract amendment. F. Except as provided below, for purposes of determining the scope of the audit, the Entity is considered the financial reporting entity as defined in the Entity’s applicable financial reporting framework
prescribed at Section 2-7-504, MCA. This provision does not preclude the Entity from engaging a
different audit firm for the audit of a segment, fund or component unit of the Entity. However, both the Entity and Contractor shall notify the State whenever the Entity elects to engage a different audit firm for the audit of a segment, fund or governmental component unit. Such additional audit must be contracted for on the State’s Standard Audit Contract, and the audit firm shall be on the Roster of
Independent Auditors authorized to conduct audits of Montana local governments that is maintained by
the State. If this contract is for an audit of a segment, fund, or governmental component unit of the primary government, the Entity is considered to be the segment, fund or component unit.
G. Any school district audit must also include auditing procedures sufficient to provide an opinion as to whether the following supplemental information is fairly stated in relation to the basic financial statements:
(1) the school district's enrollment for the fiscal year or years being audited as reported to the Office of
Public Instruction in the Fall and Spring “Student Count for ANB” reports; and (2) when applicable, the extracurricular funds for pupil functions.
H. If the Entity is a school district or associated cooperative, the Contractor shall contact the State Office
of Public Instruction and the county superintendent of schools before or during the audit of the Entity. The Contractor shall determine whether those offices are aware of potential financial or legal compliance problems relating to the Entity that could affect the scope of the audit.
I. The Contractor shall immediately notify the Entity and the State in writing of any material irregularities
it discovers. If the Entity is a school district or special education cooperative, the Contractor shall also immediately notify the State Office of Public Instruction in writing. To notify the State, Contractors shall email LGSPortalRegistration@mt.gov to the attention of the Local Government Services Bureau Chief. To notify the State Office of Public Instruction, Contractors shall email
OPIAuditReport@mt.gov to the attention of the OPI Auditor.
J. The Contractor shall notify the Entity of all proposed audit adjustments and, if the Entity concurs, shall obtain written acceptance of these proposed adjustments. The State reserves the right to request documentation of these proposed and accepted audit adjustments.
5. Entity’s Responsibilities: The Entity shall be responsible for: A. its basic financial statements, including note disclosures;
B. all supplementary information required by its applicable financial reporting framework prescribed at
Section 2-7-504, MCA and by provisions of this contract; C. establishing and maintaining effective internal control over financial reporting, including internal
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controls related to the prevention and detection of fraud;
D. ensuring that it complies with the laws, regulations, contracts and grant agreements applicable to its
activities; E. making all financial records and related information available to the Contractor;
F. the schedule of expenditures of federal awards required for audits conducted under Uniform Guidance;
G. approving all proposed audit adjustments before posting, if the Entity concurs with the proposed adjustments;
H. adjusting the financial statements and accounting records to correct material misstatements and to agree
with the audited financial statements; and I. providing the Contractor, at the conclusion of the audit engagement, with a letter that confirms certain representations made during the audit, including an affirmation that the effects of any uncorrected
misstatements aggregated by the auditor during the current engagement and pertaining to the latest
period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. 6. Dates for Annual Financial Report or Trial Balance of Accounts: The Entity shall prepare its annual
financial report or a trial balance of accounts no later than the dates specified in Appendices A, B and C. If
the Entity is unable to prepare its annual financial report or trial balance by the date specified in the Appendices, the Entity shall notify the Contractor and the State in writing prior to the specified dates. 7. Beginning the Audit: The Contractor shall begin the audit field work based on the schedule established in
Appendices A, B and C. Under Section 2-7-503(3)(a), MCA, all audits must commence within nine months
from the close of the last fiscal year of the audit period.
8. Completion of Audit: The Contractor shall deliver the audit report to the Entity and the State, based on the
schedule established in Appendices A, B and C. If the Contractor cannot deliver the audit report to the Entity
and the State on the date specified in the Appendices, the Contractor shall notify the Entity and the State in writing of that fact, and the reason(s) for the delay. Under Section 2-7-503(3)(a), MCA, all audits must be completed and the reports issued within one year from the close of the last fiscal year covered by the audit. If
the audit is conducted in accordance with the provisions of Uniform Guidance, the Contractor shall complete
the audit and issue the audit report within the time period required by that federal regulation, unless a longer period has been agreed to in advance by the federal cognizant or oversight agency for audit. If the Entity has requested and received an extension of the due date of the Uniform Guidance from a federal agency, the Entity shall submit a copy of the approved extension to the State.
9. Due Date Extension: The State may grant an extension to the Entity for filing the audit report beyond the one- year due date provided for in paragraph 8, above. To do so, the Entity shall make a request to the State in writing and shall show good cause for the delinquency or demonstrate that the failure to meet the deadline provided for in paragraph 8, above, was the result of circumstances beyond the Entity’s control. The State will
determine good cause or circumstances beyond the Entity’s control based on the facts of each case.
10. Presentation of Audited Financial Statements: The final audit report must contain basic financial statements and supplementary information consistent with the applicable financial reporting framework prescribed at Section 2-7-504, MCA. In addition, other supplementary information required by provisions within this
contract and by Uniform Guidance must also be included, if applicable.
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A. The final audit report must also contain any supplementary or other information as agreed upon by the
Entity and Contractor.
B. If the Entity’s accounting records or other circumstances do not permit financial statements to comply with the applicable financial reporting framework prescribed at Section 2-7-504, MCA, the Contractor shall notify the State of those conditions and describe the financial statements that will be presented.
The applicable auditor’s reports must be modified in accordance with professional standards to reflect a
departure from the applicable financial reporting framework.
C. If the audit is of a school district with separate elementary and high school district general funds, the
general funds must be combined as a single major fund. All other funds must be separately considered
for major fund criteria. D. If the audit is a biennial audit covering two years, the Contractor shall present complete financial statements as specified above for each year covered by the audit. However, note disclosures for both
fiscal years may be in one set of notes, with separate fiscal year disclosures as necessary. The two years
must be presented under one audit report cover and opined upon in one Independent Auditor’s Report. 11. Auditor’s Reports: All audit reports must contain the following auditor's reports, which must comply with applicable professional standards in effect for the fiscal year or years being audited:
A. a report on the financial statements of the Entity; B. a report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards.
C. a reference to a report disclosing any deficiencies in internal control or instances of noncompliance with provisions of contracts or grant agreements or abuse that have a less than material effect on the financial statements but warrant the attention of management or those charged with governance. This report must be referred to in the report required in 11.B. above.
D. a report on any supplementary or other information presented in the audit report. This report must be given in an “other matters” paragraph(s) of the auditor’s report on the financial statements (11.A. above), and shall identify, if applicable:
(1) Any Required Supplementary Information (RSI), as required by the Governmental Accounting Standards Board. (2) Any Supplementary Information (SI) included in the report to comply with provisions of laws,
regulations, contracts, or grant agreements. For the following schedules, the Contractor shall report
on whether the information is fairly stated, in all material respects, “in relation to” the financial statements as a whole, unless the condition of the financial records do not allow the auditor to render such an opinion:
a) schedule of school district “Student Count for ANB” required in paragraph 13.A.;
b) schedule of school district extracurricular fund financial activities required in paragraph 13.B.;
c) schedule of expenditures of federal awards required by Uniform Guidance and in paragraph
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12.A.; and
d) Any supplementary information for financial reporting frameworks required by A.R.M.
2.4.401. (3) Any Other Information (OI) for financial reporting frameworks required by A.R.M. 2.4.401.
(4) Any Other Information (OI) that is included in the audit report, if deemed appropriate in accordance
with professional standards. E. a report disclosing the action taken by the Entity to correct any deficiencies or implement any recommendations contained in the prior audit report. This report must be in a format that specifically
identifies, by title or summary, each deficiency or recommendation contained in the prior audit report
and the action taken by the Entity on each such deficiency or recommendation. F. If the Contractor includes audit findings in the reports referenced in 11.B. and 11.C. above, the views of Entity officials and their planned corrective actions must also be included, as required by Government
Auditing Standards, if they are available at the time the Contractor submits the audit report to the State.
If the views and planned corrective actions are not available at that time, the Contractor shall so indicate in the reports. 12. Single Audits: All audit reports for single audits done in accordance with Uniform Guidance must contain the
following:
A. a schedule of expenditures of federal awards, prepared by the Entity, which must contain all elements required by Uniform Guidance.
B. a report on the schedule of expenditures of federal awards. This report may be combined with other
reports as provided by Uniform Guidance and professional standards. This report must comply with applicable professional standards in effect for the fiscal year or years being audited. C. a report on compliance for each major program and a report on internal control over compliance in
accordance with Uniform Guidance. These reports must refer to the separate schedule of findings and
questioned costs described in paragraph 12.D. of the contract and must comply with applicable professional standards in effect for the fiscal year or years being audited. D. a schedule of findings and questioned costs which must include the information required by Uniform
Guidance.
E. an Entity-prepared document, separate from the Contractor’s findings, that describes the Entity’s corrective action plan in accordance with Uniform Guidance for each current-year audit finding, if that plan is available at the time the Contractor submits the audit report to the State. This document should
be submitted on Entity letterhead and should include a corrective action plan for each finding, regardless
whether the finding is identified in accordance with Uniform Guidance or Government Auditing Standards. 13. School Districts: School district audit reports must include the following as supplementary
information/schedules:
A. a schedule of the district's enrollment as reported to the Office of Public Instruction for the fiscal year or years being audited. The schedule must contain the enrollment both as reported in the Fall and Spring
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“Student Count for ANB” reports and as documented by the school district's enrollment records; and
B. a detailed schedule of extracurricular fund financial activities.
14. Local Governments Reporting on Non-GAAP Financial Reporting Framework: Audit reports of local governments that report on a non-GAAP financial reporting framework as provided in A.R.M. 2.4.401 must include any Supplementary Information and Other Information required in that administrative rule.
15. Written Report to Entity: The Contractor shall render a single, written report for the Entity audited, including the reports and schedules referenced in paragraphs 11 through 14 above. 16. Exit Conference: Before submitting the final audit report, the Contractor shall hold an exit review conference
in which the audit results are discussed with those charged with governance and other appropriate Entity
officials and employees. The Contractor shall ensure that all members of the governing body and key members of management are notified of this exit conference. The Contractor further agrees that before the exit conference, it will not discuss the audit findings with anyone other than the Entity or the State. Once the Contractor delivers the final audit report to the Entity, the report is deemed to be a public record.
17. Report Distribution: The Contractor and Entity shall file copies of the audit report as specified below: A. The Contractor shall provide the Entity with the number of copies of the audit report specified in Appendices A, B and C. The cost of those copies is included in the total price for the engagement as set
out in paragraph 2.A., above, and in the Appendices.
B. The Contractor shall submit one of the copies referred to in 17.A., above, to the attorney for the Entity. C. Upon request by the Entity, the Contractor shall provide additional copies of the audit report at a price
per copy agreed upon by the Entity and Contractor.
D. The Contractor shall provide the State with a text-searchable, unlocked, and unencrypted electronic copy of the audit report at no charge. The report must be submitted to the State at the same time when the Contractor delivers the final audit report to the Entity. Any report delivered separately to management or
those charged with governance identifying findings and recommendations as described in 11.C. above
must be submitted electronically at the same time the audit report is submitted. The Contractor shall advise the State, at the time of submitting the electronic report, of the date the final report was delivered to the Entity, the date of the audit report, the actual number of hours the Contractor spent conducting the audit, the total audit fee billed the Entity, and whether the audit was conducted in accordance with the
provisions of Uniform Guidance.
E. If the Entity is a school district or associated cooperative, the Contractor shall provide at no additional
charge copies of the audit report to the Office of Public Instruction, the county superintendent of
schools, and the county attorney. F. If the Entity is a city or town fire department relief association disability and pension fund, the Contractor shall provide at no additional charge one copy of the audit report to the city or town clerk.
G. If the audit is a single audit conducted in accordance with the provisions of Uniform Guidance, the Entity shall provide copies of the reporting package defined in Uniform Guidance and the data collection form to the federal clearinghouse designated by OMB.
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18. Entity Response: If not included in the audit report as provided in paragraphs 11.F. and 12.E., within 30 days after receiving the audit report, the Entity shall notify the State in writing as to what action it plans to take to
correct any deficiencies or implement any recommendations identified or contained in the audit report as
required by Section 2-7-515, MCA, and ARM 2.4.409. This notification must also address any findings and recommendations identified in any report to management or those charged with governance described in 11.C. above. If the audit is a single audit conducted in accordance with Uniform Guidance, this corrective action plan must also meet the requirements of Uniform Guidance. If the Entity is a school district or special
education cooperative, the Entity shall also send a copy of this notification to the Office of Public Instruction.
19. Entity’s Attorney: If requested by the State, the attorney for the Entity shall report to the State on the actions taken or the proceedings instituted or to be instituted relating to violations of law and nonperformance of duty as required by Section 2-7-515(4), MCA. The attorney shall report to the State within 30 days after receiving
the request.
20. Certification of Auditor Independence: The Contractor certifies that, as required by generally accepted government auditing standards, it and its principals and employees are independent in all matters regarding this engagement. This contract must not include non-audit services. The Contractor shall neither arrange for
nor accept other work with the Entity that could in any way impair the Contractor's compliance with
professional independence standards. If required by the State, the Contractor shall provide documentation that independence has been maintained in both mind and appearance as required by professional auditing standards.
21. Contractor and Subcontractors: The Contractor shall not assign any rights, or subcontract or delegate any
duties of the contract without the Entity’s and State’s prior written consent. The Contractor is the prime contractor and is responsible, in total, for all work of any subcontractors. Any subcontractors performing audit work shall be on the Roster of Independent Auditors authorized to conduct
audits of Montana local governments that is maintained by the State. The Contractor is responsible to the
Entity and the State for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors or agents. There is no contractual relationship between any subcontractor and the State.
22 State Participation in Conferences: The State may participate in all entrance and exit conferences between
the Entity and Contractor, as well as all major conferences held in conjunction with the audit of the Entity. 23. Access to Records: The Contractor shall give the State and, when required by law, the Montana Legislative Audit Division, access to the Contractor's work programs, supporting working papers, time records, and all
other documents relating to the audit. Access to these documents must be provided at the State's offices in
Helena, Montana. Access to working papers includes the right of the State to obtain copies of working papers, as is reasonable and necessary. The Contractor shall make the work programs and supporting working papers available to the State for use by the State or other public accounting firms as directed by the State in future audits of the Entity. The Contractor shall make the audit programs and supporting working papers available to
the cognizant or oversight agency for audit or its designee, federal agencies providing direct or indirect
funding, or the U.S. General Accounting Office, if requested. Access to working papers includes the right of federal agencies to obtain copies of working papers, as is reasonable and necessary. The Contractor shall retain the audit report, work programs, and supporting working papers for a minimum of five years from the date of the audit report, unless the State notifies the Contractor to extend the retention period. If professional
standards or other applicable laws, rules, or regulations require a longer retention period, the Contractor shall
retain the above materials for that specified period. 24. State Review of Report: As provided by Section 2-7-522, MCA, the State shall review the Contractor’s audit
14
AuditContract.11-2020 Page 9 of 13 11/2020
report. If the State determines that reporting requirements have not been met, it will notify the Entity and the Contractor of the significant issues of noncompliance. The Contractor shall correct the identified deficiencies
within 60 days of notification.
25. Independent Contractor: The Contractor is an independent contractor and neither its principals nor its employees are employees of the State or Entity for any purposes.
26. Workers’ Compensation: The Contractor certifies that it carries Workers’ Compensation for its employees
and that it has either elected Workers’ Compensation or has an approved Independent Contractor’s Exemption covering the Contractor while performing work under this contract. (Montana Code Annotated, Title 39, Chapter 71).
27. Indemnity: The Contractor shall defend and indemnify the State and Entity, their elected and appointed
officials, agents, and employees from and against all claims, causes of action, damages, liabilities, court costs and attorney fees in favor of the Contractor’s employees or third parties for bodily or personal injuries, death, or damage to property arising from the acts or omissions or alleged acts or omissions of the Contractor and/or its agents, employees, representatives, assigns, subcontractors under this contract. This defense and indemnify
obligation does not apply to acts or omissions arising from the sole negligence of the State or Entity under this
contract. This defense and indemnity obligation survives termination or expiration of this contract. If the Contractor is or may be obligated to pay any cost, settlement, judgment, fine, penalty, or similar award or sanction as a result of a claim, investigation, or other proceeding instituted by any third party, then to the
extent that such obligation is or may be a direct or indirect result of the Entity’s intentional or knowing
misrepresentation or provision to the Contractor of inaccurate or incomplete information in connection with this engagement, and not any failure on the Contractor’s part to comply with professional standards, the Entity shall defend and indemnify the Contractor against such obligations.
28. Insurance – Commercial General Liability: The Contractor shall maintain for the duration of the contract,
at its cost and expense, occurrence coverage insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Contractor, and/or its agents, employees, representatives, assigns, or subcontractors. The Contractor's insurance coverage shall be primary insurance for the Contractor’s negligence with respect to the State and Entity and their elected
officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the State and
Entity and their officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Insurance - Professional Liability: The Contractor shall purchase and maintain occurrence coverage to
cover such claims as may be caused by any act, omission, negligence of the Contractor or its officers, agents,
representatives, assigns or subcontractors.
If occurrence coverage is unavailable or cost-prohibitive, the state will accept ‘claims made’ coverage provided the following conditions are met: 1) the commencement date of the contract must not fall outside the
effective date of insurance coverage and it will be the retroactive date for insurance coverage in future years,
and 2) the claims made policy must have a three-year tail for claims that are made (filed) after the cancellation or expiration date of the policy. The State and Entity may require complete copies of certificates of insurance during the term of this contract.
29. Compliance with Laws: A. The Contractor shall, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules, regulations, and executive orders including but not limited to, the
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Montana Human Rights Act, the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the
Rehabilitation Act of 1973. The Contractor is the employer for the purpose of providing healthcare
benefits and paying any applicable penalties, fees and taxes under the Patient Protection and Affordable Care Act [P.l. 111-148, 124 Stat. 119]. Any subcontracting by the Contractor subjects subcontractors to the same provisions.
B. In accordance with 49-3-207, MCA, and Executive Order No. 04-2016 the Contractor agrees that the
hiring of persons to perform this contract will be made on the basis of merit and qualifications and there will be no discrimination based on race, color, sex, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national
origin, ancestry, age, disability, military service or veteran status, or marital status by the persons
performing this contract. 30. Work Accommodations: The Entity shall provide the Contractor with reasonable space in which to conduct the audit and shall respond promptly to requests for information as well as for all necessary books and records.
Support for clerical, equipment, reproduction services shall be agreed upon by the Entity and the Contractor as
specified in Appendices A, B and C. 31. Termination before Audit Commences: Before the commencement of the audit, either the Contractor or the Entity, with the State’s consent, or the State alone, may terminate this contract for cause if another party has
breached a material term or condition of this contract or violated an applicable law or regulation. The non-
breaching party shall provide the other party written notice of the breach and allow 20 days to remedy the breach. The Contractor and the Entity may agree to terminate this contract without cause before the commencement of
the audit. If such a termination occurs, the State shall consent to the termination upon written notification by
the Contractor and the Entity of their agreement to terminate this contract. The State, however, will not consent to the cancellation of an audit contract for the sole purpose of allowing the Contractor and Entity to then enter into a new contract that extends the number of fiscal years to be audited
by the Contractor. Unless there are extenuating circumstances, the existing audit contract must be completed
first. This provision does not prohibit the cancellation of a contract for the purpose of replacing an annual audit with a biennial audit. 32. Termination after Audit Commences: After the audit has commenced, but before the audit report has been
issued, either the Contractor or the Entity, with the State’s consent, or the State alone, may terminate this
contract for cause if another party has breached a material term or condition of this contract or violated an applicable law or regulation. The non-breaching party shall provide the other party written notice of the breach and allow 20 days to remedy the breach. If the Contractor is the breaching party and fails to remedy the breach, the Contractor is not entitled to the fee set out in this contract. This is the Entity’s and the State’s sole
remedy. If the Entity is the breaching party, the Entity shall pay the Contractor a pro rata portion of the fee set
out in this contract, based on the percentage of work completed at the time of termination. This is the Contractor’s sole remedy. The Contractor and the Entity may agree to terminate this contract without cause after the audit has
commenced but before the audit report has been issued. If such a termination occurs, the State shall consent to
the termination upon written notification by the Contractor and the Entity of their agreement to terminate this contract.
16
AuditContract.11-2020 Page 11 of 13 11/2020
33. Contractor Compliance with CPE and Quality Control Review: The Contractor certifies compliance with the continuing professional education requirements and the external quality control review requirements as set
out in Government Auditing Standards, as established by the Comptroller General of the United States. The
State may require the Contractor to provide evidence that it has met the above requirements. 34. Single Audit Act Certification: If the audit is required to meet the requirements of the Single Audit Act of 1984, as amended, and Uniform Guidance, the Contractor certifies that neither it nor any of its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
performing audits by any Federal department or agency. 35. Time is of the Essence: Time is of the essence regarding all provisions of this contract.
36. Governing Law and Venue: This contract is governed by the laws of Montana. The parties agree that any
litigation concerning this contract in which the State is named as a party must be brought in the First Judicial District in and for the County of Lewis and Clark, State of Montana. Each party shall pay its own costs and attorney fees, except as otherwise allowed in this contract. The parties also agree that any litigation concerning this contract in which the State is not named as a party must be brought in the State of Montana
Judicial District in the County in which the Entity is located. Each party shall pay its own costs and attorney
fees, except as otherwise allowed in this contract. 37. Notice: All notices under this contract must be in writing and will be deemed given if delivered personally, by mail, certified, return receipt requested, or by e-mail. All notices will (a) if delivered personally, be deemed
given upon delivery, (b) if delivered by mail, be deemed given upon receipt, or (c) if delivered by e-mail be
deemed given upon receipt. 38. Invalid Provision: If any provision of this contract is held to be illegal or unenforceable and the parties’ rights or obligations will not be materially and adversely affected, such provision will be (a) severed from the
contract, (b) the contract will be interpreted as if such provision was never a part of the contract and (c) the
remaining provisions will stay in effect. 39. Authority: Each party represents that the person signing this contract has the authority to bind that party.
40. Entire Agreement and Amendment: This contract and the attached Appendices contain the entire
understanding and agreement of the parties. No modification or amendment of this contract is valid unless it is reduced to writing, signed by the parties, and made a part of this contract.
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Contractor, Entity, and State have executed this Standard Audit Contract on the date first above written:
Certified Public Accountant
Eide Bailly, LLP Firm Name
By: Date: 1/29/2025 Authorized Representative
Governmental Entity
City of Bozeman, Montana Entity Name
By: Date:
Authorized Representative
Montana Department of Administration, Local Government Services
By: Date:
Approved By
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AuditContract.11-2020 Page A1 11/2020
APPENDIX A
Initial or Sole Audit under this Contract
GOVERNMENTAL ENTITY (ENTITY): City of Bozeman, Montana
406-582-2335 Address: 121 N. Rouse Ave
Telephone: (Street Address or P.O. Box)
Bozeman , MT 59715
(City/Town) (Zip Code)
Aaron Funk; afunk@bozeman.net
Contact Person(s) and E-Mail Address(es)
PUBLIC ACCOUNTANT/ACCOUNTING FIRM (CONTRACTOR) : Eide Bailly, LLP
303-586-8548 Address: 7001 E. Belleview Ave Ste 700
Telephone: (Street Address or P.O. Box)
Denver , CO 80237
(City/Town) (Zip Code)
Janeen Hathcock; jhathcock@eidebailly.com
Contact Person(s) and E-Mail Address(es)
1.Audit Period and Dates of Engagement:
A.This audit will cover the fiscal year(s) endingJune 30 , 2025 (and ).
(Month & Day) (Year) (Year) B.Date to commence audit work: October 2025 C.Date to submit final audit report
to Entity and State:December 2025
2.Time and Price for Engagement:
A.Estimated total hours - 700
B.Price for audit personnel $ 102,000 * Price for Travel 5,000
Price for typing, clerical and report preparation N/A Total price for this
engagement $ 107,000 *
* Assumes one single audit program – each additional program will be billed at $9,500 per program
3. The reporting entity contains the following discretely presented component units: Bozeman Public Library
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AuditContract.11-2020 Page A2 11/2020
Foundation
4.Date Annual Financial Report or a trial balance will be available: September 2025
5.Number of copies of audit report Contractor will provide to Entity: __PDF’s only
6.The Entity will provide clerical, equipment, and photocopying or reproduction services to the Contractor as follows: The City will provide access to copies electronically
7.The audit scope with regard to federal financial assistance received by the Entity for the above fiscalyear(s) will be as indicated below:
The audit will be a single audit conducted in accordance with the provisions of Uniform Guidance because the
Entity expended a total amount of federal awards equal to or in excess of $750,000 during the fiscal year(s), orsuch other dollar amount ($____________) that is effective for the fiscal year(s) being audited.OR
The audit will not be a single audit conducted in accordance with the provisions of Uniform Guidance and will not
include audit coverage of any federal financial assistance in accordance with requirements of that federalregulation, because the Entity expended a total amount of federal awards of less than $750,000 during the fiscalyear(s), or such other dollar amount ($____________) that is effective for the fiscal year(s) being audited.
Certified Public Accountant
Eide Bailly, LLP Firm Name
By: Date:
Authorized Representative
Governmental Entity
City of Bozeman, Montana Entity Name
By: Date:
Authorized Representative
Montana Department of Administration, Local Government Services
By: Date: Approved By
1/29/2025
20
AuditContract.11-2020 Page B1 11/2020
APPENDIX B Subsequent Audit under this Contract
GOVERNMENTAL ENTITY (ENTITY): City of Bozeman, Montana
406-582-2335 Address: 121 N. Rouse Ave Telephone: (Street Address or P.O. Box)
Bozeman , MT 59715 (City/Town) (Zip Code)
Aaron Funk; afunk@bozeman.net Contact Person(s) and E-Mail Address(es)
PUBLIC ACCOUNTANT/ACCOUNTING FIRM (CONTRACTOR) : Eide Bailly, LLP
303-586-8548 Address: 7001 E. Belleview Ave. Ste 700 Telephone: (Street Address or P.O. Box)
Denver , CO 80237 (City/Town) (Zip Code)
Janeen Hathcock; jhathcock@eidebailly.com Contact Person(s) and E-Mail Address(es)
1. Audit Period and Dates of Engagement:
A. This audit will cover the fiscal year(s) ending June 30 , 2026 (and ).
(Month & Day) (Year) (Year) B. Date to commence audit work: October 2026 C. Date to submit final audit report
to Entity and State: December 2026 2. Time and Price for Engagement:
A. Estimated total hours - 700
B. Price for audit personnel $ 110,000* Price for Travel 5,250
Price for typing, clerical and report preparation N/A Total price for this
engagement $ 115,250 * * Assumes one single audit program – each additional program will be billed at $9,750 per program
21
AuditContract.11-2020 Page B2 11/2020
3.The reporting entity contains the following discretely presented component units: Bozeman Public Library
Foundation
4.Date Annual Financial Report or a trial balance will be available: September 2025
5.Number of copies of audit report Contractor will provide to Entity: PDF’s Only
6.The Entity will provide clerical, equipment, and photocopying or reproduction services to the Contractor as follows:The City will provide access to copies electronically
7.The audit scope with regard to federal financial assistance received by the Entity for the above fiscal
year(s) will be as indicated below:
The audit will be a single audit conducted in accordance with the provisions of Uniform Guidance because the
Entity expended a total amount of federal awards equal to or in excess of $750,000 during the fiscal year(s), orsuch other dollar amount ($1,000,000___) that is effective for the fiscal year(s) being audited.OR
The audit will not be a single audit conducted in accordance with the provisions of Uniform Guidance and will not
include audit coverage of any federal financial assistance in accordance with requirements of that federalregulation, because the Entity expended a total amount of federal awards of less than $750,000 during the fiscal
year(s), or such other dollar amount ($____________) that is effective for the fiscal year(s) being audited.
Certified Public Accountant
Eide Bailly, LLP Firm Name
By: Date:
Authorized Representative
Governmental Entity
City of Bozeman, Montana Entity Name
By: Date: Authorized Representative
Montana Department of Administration, Local Government Services
By: Date: Approved By
1/29/2025
22
AuditContract.11-2020 Page C1 11/2020
APPENDIX C Subsequent Audit under this Contract
GOVERNMENTAL ENTITY (ENTITY): City of Bozeman, Montana
406-582-2335 Address: 121 N. Rouse Ave Telephone: (Street Address or P.O. Box)
Bozeman , MT 59715 (City/Town) (Zip Code)
Aaron Funk; afunk@bozeman.net Contact Person(s) and E-Mail Address(es)
PUBLIC ACCOUNTANT/ACCOUNTING FIRM (CONTRACTOR) : Eide Bailly, LLP
303-586-8548 Address: 7001 E. Belleview Ave. Ste 700 Telephone: (Street Address or P.O. Box)
Denver , CO 80237 (City/Town) (Zip Code)
Janeen Hathcock; jhathcock@eidebailly.com Contact Person(s) and E-Mail Address(es)
1. Audit Period and Dates of Engagement:
A. This audit will cover the fiscal year(s) ending June 30 , 2027 (and ).
(Month & Day) (Year) (Year) B. Date to commence audit work: October 2027 C. Date to submit final audit report
to Entity and State: December 2027 2. Time and Price for Engagement:
A. Estimated total hours - 700
B. Price for audit personnel $ 115,500* Price for Travel 5,500
Price for typing, clerical and report preparation N/A Total price for this
engagement $ 121,000 * * Assumes one single audit program – each additional program will be billed at $9,750 per program
23
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3.The reporting entity contains the following discretely presented component units: Bozeman Public Library
Foundation
4.Date Annual Financial Report or a trial balance will be available: September 2027
5.Number of copies of audit report Contractor will provide to Entity: __PDF’s only
6.The Entity will provide clerical, equipment, and photocopying or reproduction services to the Contractoras follows:The City will provide access to copies electronically
7.The audit scope with regard to federal financial assistance received by the Entity for the above fiscal
year(s) will be as indicated below:
The audit will be a single audit conducted in accordance with the provisions of Uniform Guidance because the
Entity expended a total amount of federal awards equal to or in excess of $750,000 during the fiscal year(s), orsuch other dollar amount ($1,000,000_) that is effective for the fiscal year(s) being audited.OR
The audit will not be a single audit conducted in accordance with the provisions of Uniform Guidance and will not
include audit coverage of any federal financial assistance in accordance with requirements of that federalregulation, because the Entity expended a total amount of federal awards of less than $750,000 during the fiscal
year(s), or such other dollar amount ($____________) that is effective for the fiscal year(s) being audited.
Certified Public Accountant
Eide Bailly, LLP Firm Name
By: Date: Authorized Representative
Governmental Entity
City of Bozeman, Montana Entity Name
By: Date: Authorized Representative
Montana Department of Administration, Local Government Services
By: Date:
Approved By
1/29/2025
24
Memorandum
REPORT TO:City Commission
FROM:Hal Richardson, Patrol Captain
Jamie Grabinski, Grants Coordinator
Aaron Funk, Controller
Melissa Hodnett, Finance Director
SUBJECT:Authorize the City Manager to Ratify the Montana Department of
Transportation Law Enforcement Traffic Safety (STEP OT) Grant Application
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Ratify the Montana Department of
Transportation Law Enforcement Traffic Safety (STEP OT) Grant Application.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The State Highway Traffic Safety Grant is an annual grant opportunity for
Law Enforcement Agencies to apply to Montana Department of
Transportation for traffic safety purposes. As a part of this grant program,
there are three required mobilization periods -winter holiday season,
Memorial Day, and Labor Day and two other high risk state/local events that
Law Enforcement Agencies can choose. The goal and purpose of the program
is to collaborate with the State of Montana to accomplish MDT's Vision Zero
program. The Vision Zero program works to achieve zero fatalities on
Montana roads. The City of Bozeman's goal is to reduce and mitigate
intoxicated drivers and seatbelt safety violations within our jurisdiction. In
addition to the three required mobilization periods, Bozeman PD has elected
summer as a local high visibility time and fall/winter as a local high visibility
time. The grant amount is $10,000 and there is no match requirement.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:Total expenditures are expected to be $10,000 for the grant. Expenditures
will be made in the general fund Public Safety division and may require a
future budget amendment.
Attachments:
FFY2026_STEP_OT_Routing_Form_Application_.pdf
25
Report compiled on: February 21, 2025
26
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:
FFY2026 State Highway Traffic Safety (STEP OT) Grant
Hal Richardson Police Department
Jamie Grabinski
Hal Richardson
20.600/20.608 2026
10,000 No
0.00%010-3010-421.11-20
Yes
No
The State Highway Traffic Safety grant is an annual grant opportunity for law enforcement to
apply to for OT pay for traffic patrol during high traffic events. There are 3 required mobilization
periods -winter holiday season, Memorial Day, and Labor Day and two other high risk
state/local events. The purpose of this grant is for local law enforcement agencies to partner
with the State of Montana's Department of Transportation and collaborate on MDT's Vision
Zero program.
The patrol captain and grants coordinator use the required portal, funding.mt.gov to submit the
application, reports, and reimbursement requests every four months.
n/a
3/11/2025
Docusign Envelope ID: 36DB3394-E0C2-4441-8BBA-AD88966C3DC4
27654
Application
137590 - Law Enforcement Only - FFY2026 State Highway Traffic Safety - Final Application
137892 - Law Enforcement Only - FFY2026 State Highway Traffic Safety
MDT - Highway Traffic Safety
Status:Editing Submitted
Date:
Submitted By:
Applicant Information
Primary Contact:
Name:*Mrs. Jamie E Grabinski Salutation First Name Middle Name Last Name
Title: Grants Coordinator
Email:* jgrabinski@bozeman.net
Alternate Email
Address:* 121 N. Rouse Ave
*Bozeman Montana 59715 City State/Province Postal Code/Zip
Phone:*406-582-2364
Phone###-###-#### Ext.
Alternate Phone
Fax:
Organization Information
Name:* Bozeman Police Department
Organization Type: City Government
Organization Website: bozemanpolice.com
Address:* 615 S 16th Ave
*Bozeman Montana 59715
City State/Province Postal Code/Zip
Phone:* 406-582-2021
Ext.
Alternate Phone
Fax: 406-582-2002
Email address cklumb@bozeman.net
Alternate Email
Vendor ID
Project Identification
Project Director - Individual that is responsible for contract implementation
Name*James Veltkamp
First Name Last Name
2/21/25, 2:02 PM WebGrants - State of Montana
https://funding.mt.gov/getApplicationPrintPreview.do?documentPk=1739204009403 1/7
Docusign Envelope ID: 36DB3394-E0C2-4441-8BBA-AD88966C3DC4
28655
Title* Chief of Police
Agency/Organization* Bozeman Police Department
Mailing Address* 901 North Rouse Ave
*Bozeman Montana 59715
City State Zip Code
E-mail Address* jveltkamp@bozeman.net
Phone Number* 406-582-2238
Project Manager/Point of Contact (individual responsible for day-to-day activities)
Name Hal Richardson
First Name Last Name
Title Patrol Captain
Agency/Organization Bozeman Police Department
Mailing Address 901 North Rouse Ave
Bozeman Montana 59715
City State Zip Code
E-mail Address hrichardson@bozeman.net
Phone Number 406-582-2213
Authorized Official for Grantee (City/County Commissioner Chair, Mayor, Chief Executive Officer,Department Head or President of Board of Directors).
Name*Chuck Winn
First Name Last Name
Title* Interim City Manager
Agency/Organization* City of Bozeman
Mailing Address* 121 N Rouse
*Bozeman Montana 59715
City State Zip Code
E-mail Address* cwinn@bozeman.net
Phone Number* 406-582-2307
Budget Representative (Individual responsible for the accounting practices).
Name Jamie Grabinski
First Name Last Name
Title Grants Coordinator
Agency/Organization City of Bozeman -Finance Department
Mailing Address 121 N. Rouse Ave.
Bozeman Montana 59715
City State Zip Code
E-mail Address jgrabinski@bozeman.net
Phone Number 406-582-2364
UEI Number
Organization's UEI Number*
EEAPKALAEM35
Project Narrative
Executive Summary
Executive Summary (6500 characters allowed)*
This project supports the purpose of the STEP program; to reduce crashes, injuries, and fatalities associated with impaired
driving and increase seatbelt and child safety seat usage through high visibility patrol in high crash corridors and arterialroads that feed into high crash corridors.
2/21/25, 2:02 PM WebGrants - State of Montana
https://funding.mt.gov/getApplicationPrintPreview.do?documentPk=1739204009403 2/7
Docusign Envelope ID: 36DB3394-E0C2-4441-8BBA-AD88966C3DC4
29656
STEP will fund officer overtime to deter impaired driving and occupant protection violations; to provide high visibility patrolsto enforce impaired driving and occupant protection violations; to conduct patrols during high risk time frames for local
events, holidays, and mobilization periods.
Problem/Needs Statement
Problem/Needs Statement (6500 characters allowed)*
Bozeman PD needs focused enforcement efforts to reduce motor vehicle crashes, all effects of alcohol related driving, and
increase seatbelt usage.
Goal(s)
Goal(s) (1000) characters allowed)*
Increase safety on Bozeman's streets and highways by decreasing the number of motor vehicle crashes through data
driven, concentrated, high visability enforcement.
Increase occupant protection usage thereby reducing the number of injuries from crashes by enforcing seat belt and childsafety seat laws.
Reduce alcohol and drug related crashes by detecting and arresting impaired drivers.
Reducing the number of impaired drivers on the roads through education and high viability deterrence.
Increase enforcement actions by reducing inefficiencies in the investigation of traffic offenses, and unnecessary delays indigital ticketing.
Data Collection and Analysis
Data collection and analysis to ensure transparency.*
Examine officer logs, quarterly reports, and mobilization reports at the end of each reporting period to measure success.
Compare STEP data from previous years with current date. Examine yearly, MDT crash summaries and records
management system for Bozeman, comparing data from previous years to measure success.
City of Bozeman data for 2025:
Total number of Crashes: 1,767
Number of Fatal Crashes: 1
Number of Injury Crashes: 188
Bozeman Police Department 2025 DUI Arrests: 247
Bozeman Police Department 2025 Seat belt violation citations: 1
Community Collaboration Efforts
Discussion of planned community collaboration efforts related to traffic enforcement. *
- School Resource Officer classroom discussions on the dangers of unsafe/imparied driving with newer drivers at Bozeman
area public schools.
- Monthly "coffee with a cop" sessions where uniformed officers interact face to face with Bozeman area citizens. Primary
topic of discussion/education is traffic safety/enforcement.
- Officer presence and interaction at Bozeman's Cruisin' on Main Car Show (yearly in August). Historically an event thatconcluded each year with reckless driving complaints that have declined over the years due in part to enforcment and
education efforts.
-Officer presence and interaction at Downtown Bozeman's annual Christmas stroll which is the largest community event that
kicks off the winter holiday season.
Objectives: STEP and SETT Only
Objectives: STEP and SETT Only 1
Period(s) Period 1
Objective* Winter High Visibility Mobilization
Target Population/Date/Event Name(250 character limit)
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Our target population is impaired drivers and drivers and occupants not wearing seat belts.
Activities(1000 character limit)
Conduct high visibility patrols with a focused enforcement upon impaired driving and occupant protection over the Winter
Holiday Season.
Responsible Person/Party(250 character limit)
Patrol Captain Hal Richardson
Outcome(500 character limit)
Increase occupant protection usage and reduce injury from crashes by enforcing seat belt and child safety seat laws.
Reduce alcohol and drug related crashes by detecting and arresting alcohol and drug impaired drivers
Objectives: STEP and SETT Only 2
Period(s) Period 1
Objective* Special Event High Visibility Mobilization
Target Population/Date/Event Name(250 character limit)
Our target population is impaired drivers traveling to and from holiday parties, holiday events, and MSU commencement and
events.
Activities(1000 character limit)
Beginning Thanksgiving weekend through the end of the holiday season, Bozeman is busy. There are significant holiday
events, private parties, and MSU events. For instance, the first Saturday in December, Downtown Bozeman holds its annualChristmas stroll which brings many attendees downtown.
The overall goal is to conduct high visibility patrols on Friday and/or Saturday evenings. This deployment would be in
conjunction with surrounding law enforcement agencies.
Conduct media releases of increased STEP patrols.
Responsible Person/Party(250 character limit)
Patrol Captain Hal Richardson
Outcome(500 character limit)
Reduce alcohol and drug related crashes during the Holiday Season by detecting and arresting alcohol and drug impaired
drivers.
Objectives: STEP and SETT Only 3
Period(s) Period 3
Objective* Special Event High Visibility Mobilization
Target Population/Date/Event Name(250 character limit)
During this period from June 1 to September 30th, Bozeman's traffic volume increases due to the summer season and manyvisitors to the area.
Our target population for this time period is impaired drivers and occupants not wearing seatbelts.
Activities(1000 character limit)
-Conduct high visibility patrols with focused enforcement to identify impaired driviers over the Fourth of July holiday.
Additionally, downtown Bozeman hosts a six week concert series in early July (Music on Main) where alcohol is served andassociated with the event. This deployment is in conjunction with surrounding law enforcement agencies when available.
The goal would be to patrol the major highways connecting Bozeman to surrounding jurisdictions.
-Conduct media releases of increased STEP patrols.
Responsible Person/Party(250 character limit)
Patrol Captain Hal Richardson
Outcome(500 character limit)
Reduce alcohol and drug related crashes by detecting and arresting alcohol and drug impaired drivers.
Increase occupant protection usage and reduce injury from crashes by enforcing seat belt and child seat laws.
Objectives: STEP and SETT Only 4
Period(s) Period 3
Objective* Labor Day High Visibility Mobilization
Target Population/Date/Event Name(250 character limit)
Labor Day weekend is a busy holiday since it is the last major summer holiday before school fully commences. For thisperiod, our target population during the Labor Day high visibility mobilization is impaired drivers and occupants not wearing
seatbelts.
Activities(1000 character limit)
-Participate in the Labor Day Mobilization.
-Conduct high visibility patrols with a focused enforcement to increase seatbelt use and identify impaired drivers overthe Labor Day weekend 2025. In conjunction with surrounding law enforcement agencies, the goal is to connect the City of
Belgrade to Four Corners on Jackrabbit Lane, connect Four Corners to the City of Bozeman on Huffine Lane and continue
to the MSU campus along College Avenue and South 19th Avenue.
-Conduct media releases of increased STEP patrols.
Responsible Person/Party(250 character limit)
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Patrol Captain Hal Richardson
Outcome(500 character limit)
Increase occupant protection usage and reduce injury from crashes by enforcing seat belt and child safety seat laws.
Reduce alcohol and drug related crashes by detecting and arresting alcohol and drug impaired drivers.
Objectives: STEP and SETT Only 5
Period(s) Period 2
Objective* Memorial High Visibility Mobilization
Target Population/Date/Event Name(250 character limit)
Our target population is impaired drivers and unrestrained drivers.
Activities(1000 character limit)
-Participate in the Memorial Day Mobilization.
-Conduct high visibility patrols with a focused enforcement to increase seatbelt use and identify impaired drivers over theMemorial Day weekend of 2025. In conjunction with surrounding law enforcement agencies, the goal is to connect the Cityof Belgrade to Four Corners on Jackrabbit Lane, connect Four Corners to the City of Bozeman on Huffine Lane and
continue to the MSU campus along College Avenue and South 19th Avenue.
-Conduct media releases of increased STEP patrols.
Responsible Person/Party(250 character limit)
Patrol Captain Hal Richardson
Outcome(500 character limit)
Increase occupant protection usage and reduce injury from crashes by enforcing seat belt and child safety seat laws.
Reduce alcohol and drug related crashes by detecting and arresting alcohol and drug impaired drivers.
A. Personnel Services
Description Type of Personnel Service Proposed MDT-SHTSS Funding Matching Funds Total
Officer Overtime Overtime $10,000.00 $0.00 $10,000.00
$10,000.00 $0.00 $10,000.00
Personnel Services Narrative
Our proposed budget for FFY2026 is $10,000 to be used for overtime. We are still experiencing staffing issues, but our patrol captain is diligently identifyingSTEP opportunities as well as areas that need additional enforcement. The local special events identified in this application are two examples for our
department to contribute to completing the goals of reducing impaired driving due to drugs and/or alcohol related incidences and seatbelt safety incidences.
Per our contracted OT rate, the current rate is $100/hr. which equates to 100 hours of officer involvement/enforcement in the STEP program for FFY2026.
B. Contracted Services
Description Type of Contract Service Proposed MDT-SHTSS Funding Matching Funds Total
$0.00 $0.00 $0.00
Contracted Services Narrative
C. Operating Expenses
Description Type of Operating Expense Proposed MDT-SHTSS Funding Matching Funds Total
$0.00 $0.00 $0.00
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Operating Expenses Narrative
D. Travel
Description Type of Travel Proposed MDT-SHTSS Funding Matching Funds Total
$0.00 $0.00 $0.00
Travel Narrative
E. Equipment
Description Proposed MDT-SHTSS Funding Matching Funds Total
$0.00 $0.00 $0.00
Equipment Narrative
F. Indirect Costs
Description Proposed MDT-SHTSS Funding
$0.00
Indirect Costs Narrative
Total Project Budget
Combined Totals For All Columns
Total Proposed MDT-SHTSS
Funding $10,000.00
Total Matching Funds $0.00
Combined Total $10,000.00
Percentages
SHTSS Share of Project 100.0%
Match Percent 0%
Agreement
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The National Highway Traffic Safety Administration (NHTSA) requires the SHTSS to obtain written request from local subdivisions when they
want to participate in state administered programs such as paid media. To ensure that the local community has a “voice” in the expenditure offederal funding, please indicate a choice below:
If applicable, we would request that MDT include our community in statewide media messages that support highway traffic safety efforts.
Yes Yes
No
Full Name* Hal Richardson
Title* Patrol Captain
Attachments
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Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize City Manager to Sign Notice of Award for Sime Construction for
Story Mill Community Park East Parking Lot, and Final Documents Once
Received
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to Sign Notice of Award for Sime Construction for
Story Mill Community Park East Parking Lot, and Final Documents Once
Received
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:Story Mill Park East Parking Lot was included in the Park Master Plan Funding
is now available for the project and the construction is timed to open along
with the splash pad which will increase vehicular traffic to the park. Site
Plan Application and Construction Documents were prepared for public
bidding by the Project Engineer, Stahly Engineering. Nine bids were received
and Sime was determined to be the lowest most responsible bidder by the
Project Engineer.
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Splash Pad authorized in FY25 budget with donor contribution through the
Trust for Public Lands
Attachments:
NOTICE OF AWARD.docx
Letter of Reccomendation 3.6.2025.pdf
Report compiled on: March 7, 2025
35
NOTICE OF AWARD
Dated: March 18, 2025
TO: SIME Construction, Inc
ADDRESS: 190 Ramshorn Dr, Bozeman, MT 59715
PROJECT: Story Mill Community Park
CONTRACT FOR: Story Mill Community Park East Parking Lot Construction
You are notified that your Bid opened on February 19, 2025, for the above Contract has been
considered. You are the apparent Successful Bidder and have been awarded a Contract for
the: Story Mill Community Park East Parking Lot. The Contract Price of your Contract is: Seven
Hundred Fifty-four Thousand Two Hundred Ninety Dollars and Thirty-Five Cents ($754,290.35).
Two (2) copies of each of the proposed Contract Documents (except Drawings) accompany this
Notice of Award. One (1) set of the Drawings will be delivered separately or otherwise made
available to you immediately.
You must comply with the following conditions precedent within fifteen (15) weekdays of the
date of this Notice of Award, that is, by Tuesday, April 8, 2025.
1.You must deliver to the OWNER Two (2) fully executed counterparts of the Agreement
including all the Contract Documents and Drawings and One (1) PDF of the same.
2.You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instruction to Bidders (Article 20), and the General Conditions (paragraph 5.01).
3.List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in the
General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-
5.06).
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
CITY OF BOZEMAN ATTEST:
BY: ______________________BY: _____________________
(ACTING CITY MANAGER)(CITY CLERK)
DATE:_____________________________
36
851 Bridger Dr., #1, Bozeman, MT 59715 | phone: 406-522-8594
www.seaeng.com
Engineers and Land Surveyors
March 6, 2025
City of Bozeman
attn: Addi Jadin, Park Planning and Development Manager
PO Box 1230
Bozeman, MT 59771
Via: email ajadin@bozeman.net
RE: Storymill Park East Parking Lot Improvements – Recommendation of Award
Dear Ms. Jadin,
As you are aware, the City of Bozeman received and opened bids for the Storymill Park
East Parking Lot Improvements project on February 20, 2025. Nine bids were received.
Stahly Engineering has reviewed the results and found no errors in the bids. The bid
tabulations are included with this recommendation.
After review of the bid documents, we feel that SIME Construction met the requirements
contained in the Instructions to Bidders. The bid received was $754,290.35. SIME
Construction has a good reputation in the Bozeman area, and is an experienced,
reputable contractor.
Stahly Engineering recommends that the City of Bozeman award the construction
contract to SIME Construction for the Storymill Park East Parking Lot Improvements
project.
Sincerely,
Stahly Engineering, Inc.
_____________________
Zach Lowe, P.E.
enclosures
37
East Story Mill Parking Lot - Contractor Bid Tab Comparison 3/3/2025Bid ScheduleItem #Startup, Excavation and GradingTotal Qty UnitUnit Price ($)Total EstimateUnit Price ($)Total EstimateUnit Price ($)Total EstimateUnit Price ($)Total EstimateUnit Price ($)Total EstimateUnit Price ($)Total EstimateUnit Price ($)Total EstimateUnit Price ($)Total EstimateUnit Price ($)Total EstimateUnit Price ($)Total Estimate101 Mobilization, Bonding and Insurance 1 LS 30,000.00$ 30,000.00$ 21,600.00$ 21,600.00$ 55,000.00$ 55,000.00$ 91,700.00$ 91,700.00$ 18,560.06$ 18,560.06$ 90,000.00$ 90,000.00$ 89,000.00$ 89,000.00$ 50,000.00$ 50,000.00$ 51,000.00$ 51,000.00$ 57,135.00$ 57,135.00$ 102 SWPPP Administration1 LS 10,000.00$ 10,000.00$ 7,600.00$ 7,600.00$ 13,000.00$ 13,000.00$ 2,800.00$ 2,800.00$ 10,541.84$ 10,541.84$ 5,000.00$ 5,000.00$ 15,400.00$ 15,400.00$ 15,000.00$ 15,000.00$ 8,800.00$ 8,800.00$ 3,828.00$ 3,828.00$ 103 BMP Installation and and Maintenance 1 LS 25,000.00$ 25,000.00$ 10,400.00$ 10,400.00$ 25,000.00$ 25,000.00$ 29,000.00$ 29,000.00$ 6,017.73$ 6,017.73$ 5,000.00$ 5,000.00$ 21,000.00$ 21,000.00$ 7,500.00$ 7,500.00$ 27,550.00$ 27,550.00$ 18,256.00$ 18,256.00$ 104 Traffic Control 1 LS 5,000.00$ 5,000.00$ 18,500.00$ 18,500.00$ 10,000.00$ 10,000.00$ 5,800.00$ 5,800.00$ 8,433.47$ 8,433.47$ 15,000.00$ 15,000.00$ 14,000.00$ 14,000.00$ 3,000.00$ 3,000.00$ 4,875.00$ 4,875.00$ 17,137.00$ 17,137.00$ 105 Site Demo1 LS 5,000.00$ 5,000.00$ 4,340.00$ 4,340.00$ 4,500.00$ 4,500.00$ 11,100.00$ 11,100.00$ 8,559.44$ 8,559.44$ 10,000.00$ 10,000.00$ 6,000.00$ 6,000.00$ 4,500.00$ 4,500.00$ 3,200.00$ 3,200.00$ 8,598.00$ 8,598.00$ 106 Clearing, Grubbing, and Tree Removal 1 LS 10,000.00$ 10,000.00$ 8,715.00$ 8,715.00$ 7,000.00$ 7,000.00$ 12,500.00$ 12,500.00$ 8,822.15$ 8,822.15$ 5,000.00$ 5,000.00$ 16,900.00$ 16,900.00$ 9,500.00$ 9,500.00$ 21,000.00$ 21,000.00$ 34,934.00$ 34,934.00$ 107 Topsoil Strip and Stockpile (8"depth) 2,000 CY 10.00$ 20,000.00$ 7.00$ 14,000.00$ 7.00$ 14,000.00$ 9.50$ 19,000.00$ 10.85$ 21,700.00$ 16.00$ 32,000.00$ 4.25$ 8,500.00$ 6.00$ 12,000.00$ 11.00$ 22,000.00$ 8.83$ 17,660.00$ 108 Topsoil Haul Off400 CY 20.00$ 8,000.00$ 12.00$ 4,800.00$ 17.00$ 6,800.00$ 30.00$ 12,000.00$ 24.66$ 9,864.00$ 20.00$ 8,000.00$ 20.00$ 8,000.00$ 14.00$ 5,600.00$ 15.00$ 6,000.00$ 17.67$ 7,068.00$ 109 Site Grading: Import (fill to subgrade) 3,600 CY 20.00$ 72,000.00$ 16.25$ 58,500.00$ 48.00$ 172,800.00$ 46.00$ 165,600.00$ 51.71$ 186,156.00$ 40.00$ 144,000.00$ 27.50$ 99,000.00$ 45.00$ 162,000.00$ 42.00$ 151,200.00$ 37.10$ 133,560.00$ Total Startup, Excavation and Grading185,000.00$ 148,455.00$ 308,100.00$ 349,500.00$ 278,654.69$ 314,000.00$ 277,800.00$ 269,100.00$ 295,625.00$ 298,176.00$ Item #Storm Drainage ImprovementsTotal Qty UnitUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total Cost201 Bioswale Excavation and Respread on Site 282 CY 20.00$ 5,640.00$ 19.60$ 5,527.20$ 20.00$ 5,640.00$ 46.00$ 12,972.00$ 14.46$ 4,077.72$ 15.00$ 4,230.00$ 38.00$ 10,716.00$ 12.00$ 3,384.00$ 19.00$ 5,358.00$ 39.68$ 11,189.76$ 202 8oz Non-Woven Geotextile Seperation Fabric 306 SY 10.00$ 3,060.00$ 4.50$ 1,377.00$ 2.00$ 612.00$ 6.00$ 1,836.00$ 2.93$ 896.58$ 4.75$ 1,453.50$ 8.00$ 2,448.00$ 3.00$ 918.00$ 3.00$ 918.00$ 6.35$ 1,943.10$ 203 Bioswale Media Import and Placement 282 CY 50.00$ 14,100.00$ 137.50$ 38,775.00$ 85.00$ 23,970.00$ 57.00$ 16,074.00$ 74.26$ 20,941.32$ 100.00$ 28,200.00$ 92.00$ 25,944.00$ 95.00$ 26,790.00$ 153.00$ 43,146.00$ 146.18$ 41,222.76$ 204 Bioswale Crushed Stone Import and Placement 10 CY 500.00$ 5,000.00$ 204.50$ 2,045.00$ 75.00$ 750.00$ 210.00$ 2,100.00$ 128.41$ 1,284.10$ 100.00$ 1,000.00$ 900.00$ 9,000.00$ 95.00$ 950.00$ 240.00$ 2,400.00$ 265.00$ 2,650.00$ 205 Extend Existing 36" Equivalent RCAP 20 LF 500.00$ 10,000.00$ 431.00$ 8,620.00$ 320.00$ 6,400.00$ 460.00$ 9,200.00$ 502.69$ 10,053.80$ 400.00$ 8,000.00$ 580.00$ 11,600.00$ 180.00$ 3,600.00$ 320.00$ 6,400.00$ 588.90$ 11,778.00$ Total Storm Drainage Improvements37,800.00$ 56,344.20$ 37,372.00$ 42,182.00$ 37,253.52$ 42,883.50$ 59,708.00$ 35,642.00$ 58,222.00$ 68,783.62$ Item #Street, Parking, and Sidewalk ImprovementsTotal Qty UnitUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total Cost301 Irrigation Sleeves (4" PVC)122 LF 15.00$ 1,830.00$ 12.50$ 1,525.00$ 40.00$ 4,880.00$ 26.00$ 3,172.00$ 12.39$ 1,511.58$ 20.00$ 2,440.00$ 10.00$ 1,220.00$ 15.00$ 1,830.00$ 15.00$ 1,830.00$ 35.72$ 4,357.84$ 302 Subgrade Prep4,613 SY 3.50$ 16,145.50$ 4.25$ 19,605.25$ 2.00$ 9,226.00$ 1.50$ 6,919.50$ 3.06$ 14,115.78$ 15.00$ 69,195.00$ 6.50$ 29,984.50$ 1.00$ 4,613.00$ 2.50$ 11,532.50$ 2.12$ 9,779.56$ 303 Geotextile Seperation Fabric 4,613 SY 4.00$ 18,452.00$ 3.25$ 14,992.25$ 2.00$ 9,226.00$ 2.00$ 9,226.00$ 9.42$ 43,454.46$ 4.75$ 21,911.75$ 2.25$ 10,379.25$ 1.75$ 8,072.75$ 2.00$ 9,226.00$ 2.55$ 11,763.15$ 304 Sub Base Course1,538 CY 40.00$ 61,520.00$ 47.75$ 73,439.50$ 48.00$ 73,824.00$ 52.00$ 79,976.00$ 50.61$ 77,838.18$ 44.00$ 67,672.00$ 56.00$ 86,128.00$ 45.00$ 69,210.00$ 43.00$ 66,134.00$ 49.39$ 75,961.82$ 305 Crushed Base Course769 CY 45.00$ 34,605.00$ 64.50$ 49,600.50$ 50.00$ 38,450.00$ 70.00$ 53,830.00$ 58.87$ 45,271.03$ 50.00$ 38,450.00$ 60.00$ 46,140.00$ 65.00$ 49,985.00$ 50.00$ 38,450.00$ 61.26$ 47,108.94$ 306 Curb and Gutter1,906 LF 25.00$ 47,650.00$ 32.70$ 62,326.20$ 35.00$ 66,710.00$ 45.00$ 85,770.00$ 37.17$ 70,846.02$ 32.00$ 60,992.00$ 29.50$ 56,227.00$ 35.00$ 66,710.00$ 33.00$ 62,898.00$ 34.30$ 65,375.80$ 307 Concrete Sidewalk (non-traffic rated) with base gravels 2,434 SF 14.50$ 35,293.00$ 14.85$ 36,144.90$ 14.00$ 34,076.00$ 18.00$ 43,812.00$ 17.16$ 41,767.44$ 12.00$ 29,208.00$ 13.50$ 32,859.00$ 20.00$ 48,680.00$ 15.50$ 37,727.00$ 12.21$ 29,719.14$ 308 Concrete Sidewalk (traffic rated) 654 SF 20.00$ 13,080.00$ 15.40$ 10,071.60$ 16.00$ 10,464.00$ 20.00$ 13,080.00$ 24.64$ 16,114.56$ 15.00$ 9,810.00$ 12.50$ 8,175.00$ 25.00$ 16,350.00$ 21.00$ 13,734.00$ 17.51$ 11,451.54$ 309 Sidewalk Chase (Heavy Duty) 12 LF 700.00$ 8,400.00$ 520.00$ 6,240.00$ 810.00$ 9,720.00$ 650.00$ 7,800.00$ 479.65$ 5,755.80$ 501.00$ 6,012.00$ 470.00$ 5,640.00$ 500.00$ 6,000.00$ 550.00$ 6,600.00$ 199.61$ 2,395.32$ 310 Sidewalk Chase (Light Duty) 128 LF 500.00$ 64,000.00$ 385.00$ 49,280.00$ 670.00$ 85,760.00$ 530.00$ 67,840.00$ 407.97$ 52,220.16$ 426.00$ 54,528.00$ 350.00$ 44,800.00$ 425.00$ 54,400.00$ 465.00$ 59,520.00$ 82.45$ 10,553.60$ 311 Detectable Warnings121 SF 100.00$ 12,100.00$ 48.50$ 5,868.50$ 80.00$ 9,680.00$ 99.00$ 11,979.00$ 86.21$ 10,431.41$ 66.00$ 7,986.00$ 44.00$ 5,324.00$ 70.00$ 8,470.00$ 75.00$ 9,075.00$ 62.31$ 7,539.51$ 312 Asphalt Pavement32,841 SF 2.50$ 82,102.50$ 2.55$ 83,744.55$ 4.00$ 131,364.00$ 2.50$ 82,102.50$ 2.32$ 76,191.12$ 2.45$ 80,460.45$ 2.30$ 75,534.30$ 2.50$ 82,102.50$ 2.50$ 82,102.50$ 3.53$ 115,928.73$ 313 Topsoil Replacement and Finish Grading 1,600 CY 10.00$ 16,000.00$ 11.20$ 17,920.00$ 11.00$ 17,600.00$ 50.00$ 80,000.00$ 3.58$ 5,728.00$ 16.00$ 25,600.00$ 9.50$ 15,200.00$ 15.00$ 24,000.00$ 9.00$ 14,400.00$ 12.52$ 20,032.00$ 314 Signs16 EA 800.00$ 12,800.00$ 805.00$ 12,880.00$ 1,000.00$ 16,000.00$ 1,000.00$ 16,000.00$ 1,026.51$ 16,424.16$ 450.00$ 7,200.00$ 1,000.00$ 16,000.00$ 1,000.00$ 16,000.00$ 1,100.00$ 17,600.00$ 1,104.19$ 17,667.04$ 315 Striping, Pavement Markings and Curb Paint 1 LS 10,000.00$ 10,000.00$ 5,500.00$ 5,500.00$ 26,000.00$ 26,000.00$ 3,100.00$ 3,100.00$ 8,960.57$ 8,960.57$ 5,500.00$ 5,500.00$ 6,000.00$ 6,000.00$ 5,000.00$ 5,000.00$ 6,100.00$ 6,100.00$ 5,182.30$ 5,182.30$ Total Street and Parking Improvements433,978.00$ 449,138.25$ 542,980.00$ 564,607.00$ 486,630.27$ 486,965.20$ 439,611.05$ 461,423.25$ 436,929.00$ 434,816.29$ Item #Landscaping Total Qty UnitUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total CostUnit Price ($)Total Cost401 Protect Existing Trees1 LS 5,000.00$ 5,000.00$ 2,200.00$ 2,200.00$ 1,500.00$ 1,500.00$ 4,300.00$ 4,300.00$ 7,906.38$ 7,906.38$ 2,200.00$ 2,200.00$ 3,000.00$ 3,000.00$ 5.00$ 5.00$ 2,425.00$ 2,425.00$ 412.23$ 412.23$ 402 Transplant Existing Trees4 EA 5,000.00$ 20,000.00$ 440.00$ 1,760.00$ 1,400.00$ 5,600.00$ 490.00$ 1,960.00$ 632.51$ 2,530.04$ 440.00$ 1,760.00$ 425.00$ 1,700.00$ 550.00$ 2,200.00$ 500.00$ 2,000.00$ 265.00$ 1,060.00$ 403 Trees18 EA 1,200.00$ 21,600.00$ 1,045.00$ 18,810.00$ 3,500.00$ 63,000.00$ 580.00$ 10,440.00$ 777.87$ 14,001.66$ 1,045.00$ 18,810.00$ 1,250.00$ 22,500.00$ 1,000.00$ 18,000.00$ 1,150.00$ 20,700.00$ 572.54$ 10,305.72$ 404 Shrubs83 EA 500.00$ 41,500.00$ 220.00$ 18,260.00$ 400.00$ 33,200.00$ 200.00$ 16,600.00$ 87.76$ 7,284.08$ 220.00$ 18,260.00$ 255.00$ 21,165.00$ 225.00$ 18,675.00$ 250.00$ 20,750.00$ 163.19$ 13,544.77$ 405 Mulch6,620 SF 7.00$ 46,340.00$ 1.65$ 10,923.00$ 0.20$ 1,324.00$ 2.00$ 13,240.00$ 1.76$ 11,651.20$ 1.65$ 10,923.00$ 2.00$ 13,240.00$ 2.00$ 13,240.00$ 1.85$ 12,247.00$ 1.16$ 7,679.20$ 406 Hydroseed30,000 SF 0.50$ 15,000.00$ 0.77$ 23,100.00$ 0.25$ 7,500.00$ 0.06$ 1,800.00$ 0.36$ 10,800.00$ 0.80$ 24,000.00$ 1.00$ 30,000.00$ 1.00$ 30,000.00$ 0.85$ 25,500.00$ 0.37$ 11,100.00$ 407 Irrigation System1 LS 50,000.00$ 50,000.00$ 25,300.00$ 25,300.00$ 32,000.00$ 32,000.00$ 10,200.00$ 10,200.00$ 22,559.54$ 22,559.54$ 25,300.00$ 25,300.00$ 30,000.00$ 30,000.00$ 27,500.00$ 27,500.00$ 27,800.00$ 27,800.00$ 9,010.00$ 9,010.00$ Total Landscaping Improvements199,440.00$ 100,353.00$ 144,124.00$ 58,540.00$ 76,732.90$ 101,253.00$ 121,605.00$ 109,620.00$ 111,422.00$ 53,111.92$ Total Bid856,218.00$ 754,290.45$ 1,032,576.00$ 1,014,829.00$ 879,271.38$ 945,101.70$ 898,724.05$ 875,785.25$ 902,198.00$ 854,887.83$ Knife River CKMAY Excavating Duneman Construction Two Bear ConstructionEngineers EstimateSIME Construction Easton Construction Williams Civil Construction Reveal Construction Highland Construction Services
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Memorandum
REPORT TO:City Commission
FROM:Bob Murray, Project Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Notice of Award for the Bridger Creek
Flood and Erosion Control Project to Sacred Lands Restoration, LLC DBA:
Arrow Restoration and Construction for the Lump Sum Base Bid in the
Amount of $43,597.00 and Final Contract Documents Once Received
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the Notice of Award for the Bridger Creek
Flood and Erosion Control project to Sacred Lands Restoration, LLC DBA:
Arrow Restoration and Construction for the Lump Sum Base Bid in the
amount of $43,597.00 and final contract documents once received.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project.
In recent years, beaver dams created a large impoundment on Bridger Creek
adjacent to Boylan Road in the Legends II Subdivision. During high water
events, this caused the creek to overtop in places it traditionally had not,
which in turn resulted in water discharging onto Boylan Road. There is also
an oxbow in a side channel of the stream with a severely eroding bank that is
migrating towards Boylan Road. The purpose of this project is to protect the
integrity of Boylan Road and eliminate the minor flooding that occurs during
high water events. The project includes construction of a buried rock wall to
stop erosion from impacting Boylan Road and construction of a small berm
to address the minor flooding.
Bids for the above-referenced project were opened on March 11, 2025, with
4 bids being received. The low bid was submitted by Sacred Lands
Restoration LLC DBA: Arrow Restoration and Construction in the amount of
$43,597.00. The engineer’s estimate was $44,300.00. The Notice of Award
and Bid Tabulation are attached.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission.
39
FISCAL EFFECTS:This project will be paid from the Street Maintenance Fund. It was included
in the FY22 and FY23 approved budget at $50,000 each year. The
engineering design fees were $54,121 leaving $45,879 remaining for the
construction.
Attachments:
09-NoticeOfAward.frm.doc
Bridger Creek Bid Tab.pdf
Report compiled on: March 12, 2025
40
NOTICE OF AWARD
Dated: __________________
TO: Sacred Lands Restoration LLC DBA: Arrow Restoration and Construction
ADDRESS: 1375 New Holland Dr., Bozeman, MT 59718
PROJECT: 2025 Bridger Creek Flood and Erosion Control Project
CONTRACT FOR: Total Lump Sum Base Bid
You are notified that your Bid opened on March 11, 2025, for the above Contract has been considered. You are the
apparent Successful Bidder and have been awarded a Contract for the:2025 Bridger Creek Flood and Erosion Control
Project. The Contract Price of your Contract is:Forty Three Thousand Five Hundred Ninety Seven Dollars
($43,597.00).
Three(3)copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. One
(1)set of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award,
that is, by April 10, 2025.
1.You must deliver to the OWNER Three (3)fully executed counterparts of the Agreement including all the
Contract Documents and Drawings.
2.You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to
Bidders (Article 20), and the General Conditions (paragraph 5.01).
3.List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in the General
Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to
annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you twofully signed counterpart of
the Agreement with the Contract Documents attached.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: __________________________________BY: ____________________________
(CITY MANAGER)(CITY CLERK)
DATE: _______________________________
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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 an Assignment of Development
Agreement Form of Consent for the Wallace Works Urban Renewal Project
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Authorize the City Manager to sign an Assignment of Development
Agreement form of Consent for the Wallace Works Urban Renewal Project
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The City Commission approved the Wallace Works Development Agreement
on October 1, 2024. As a condition of the developer's lending and collateral,
Wallace Works, LLC (the developer) must assign the development agreement
to the lender, First Western Bank Trust.
Section 8.5 of the approved development agreement states no party may
assign any rights or privileges, or delegate any duties of obligations without
first obtaining the written consent of the other Party. Authorizing the City
Manager to sign the form of consent attached as Exhibit C to the assignment
of agreement would satisfy the written consent requirement of the
approved development agreement.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the Commission.
FISCAL EFFECTS:There are no fiscal effects associated with the assignment. The City is still
responsible for reimbursing the developer $2,055,563 for eligible public
infrastructure as outlined in the development agreement.
Attachments:
Assignment of Development Agreement with Exhibits.pdf
Report compiled on: March 13, 2025
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4916-9213-3163, v. 6
ASSIGNMENT OF DEVELOPMENT AGREEMENT
This ASSIGNMENT OF DEVELOPMENT AGREEMENT (the “Assignment”) is
entered into as of March __, 2025, by WALLACE WORKS, LLC, a Delaware limited liability
company (the “Assignor”), to and for the benefit for FIRST WESTERN TRUST BANK, a
Colorado banking corporation (“Assignee”). The Assignor and Assignee may be referred to
individually as a “Party” and collectively as the “Parties.”
RECITALS
A. Assignor is the owner of the real property described on Exhibit A attached hereto and
incorporated herein (the “Property”) on which it intends to construct a mixed-use
development generally consisting of 48 residential rental units, 1 cohousing cluster rental
unit, 16 row homes to be offered for sale, certain commercial space, and related
infrastructure and utility improvements. Except as otherwise provided in this
Assignment, capitalized terms used herein shall have the meanings set forth in that
certain Construction and Term Loan Agreement dated of even date herewith by and
between Assignor and Assignee (as it may be amended, modified, supplemented or
restated from time to time) (collectively, the “Loan Agreement”) and in the
Development Agreement (hereinafter defined).
B. Assignor and the City of Bozeman, Montana have entered into a certain Development
Agreement dated as of October 1, 2024 (at it may be amended, modified, supplemented
or restated from time to time) (collectively, the “Development Agreement”), to which
Assignor is eligible to be reimbursed for certain Eligible Costs as defined in and subject
to the terms and conditions of the Development Agreement. A true and complete copy of
the Development Agreement is attached hereto and incorporated herein as Exhibit B.
C. The Assignor hereby assigns all of its right, title and interest in and to the Development
Agreement to Assignee and its successors and assigns as additional security for the Loan,
on the terms and conditions hereinafter provided.
AGREEMENTS
NOW THEREFORE, in consideration of the foregoing Recitals which are incorporated
herein by this reference, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
1. Assignor hereby collaterally assigns, conveys and transfers to Assignee, and to
Assignee’s successors and assigns, as additional security for Assignor’s obligations under the
Loan Documents and any and all other obligations of Assignor which are secured by the lien of
the Deed of Trust, all of Assignor’s right, title and interest in, to and under the Development
Agreement, including all present and future amendments, modifications, and supplements
thereto.
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4916-9213-3163, v. 6
2. Prior to Closing, Assignor agrees to obtain and deliver to Assignee, consent from
the City of Bozeman (the “City”) to this Assignment as is required pursuant to the Section 8.5 of
the Development Agreement (the “Consent”). The Consent is attached hereto and incorporated
herein as Exhibit C.
3. If an event of Event of Default has occurred and is continuing under the Loan
Documents which is not cured within any applicable cure period, Assignee may, at its option,
upon written notice to the City, exercise any or all of the rights and remedies granted to Assignor
under the Development Agreement as if Assignee had been the original party to such Agreement.
4. If an Event of Default has occurred and is continuing under the Loan Documents
which is not cured within any applicable cure period, Assignor hereby irrevocably constitutes,
designates and appoints Assignee as Assignor’s true and lawful attorney-in-fact with full power
of substitution and authority to undertake and exercise the rights, benefits, privileges and
remedies of Assignor under the Development Agreement, and as permitted by applicable law or
equity. Such power of attorney shall not be construed to allow Assignee to take any other action
on behalf of Assignor.
5. Assignor hereby represents and warrants to Assignee that no previous assignment
of the Development Agreement has been made, and Assignor shall not assign, sell, pledge,
transfer or otherwise encumber its interest in the Development Agreement so long as this
Assignment is in effect. Assignor agrees not to modify the terms of the Development Agreement
without the Assignee’s prior written consent.
6. If any provision of this Assignment shall be invalid, illegal or unenforceable, it
shall not affect or impair the validity, legality and enforceability of the other provisions of this
Assignment. This Assignment may not be amended, modified or changed, nor shall any waiver
of any provision hereof be effective, except by a written instrument signed by the Party against
whom enforcement of the waiver, amendment, change, or modification is sought.
7. Assignor hereby agrees to indemnify, defend and hold Assignee harmless, for,
from and against any and all actual or threatened liabilities, claims, actions, causes of action,
judgments, orders, damages, costs or expenses, fines, penalties, and losses, including attorneys’
fees and costs arising out of or resulting from this Assignment or Assignee’s exercise of its rights
hereunder, except to the extent such liabilities, claims, actions, causes of action, judgments,
orders, damages, costs or expenses, fines, penalties, and losses resulted from Assignee’s gross
negligence or willful misconduct as determined by a final, non-appealable judgment of a court
with competent jurisdiction.
8. Any notice required or permitted in connection herewith shall be given in the
manner provided in the Loan Agreement.
9. This Assignment shall be binding upon Assignor, and shall inure to the benefit of
Assignee, its successors and assigns. Assignee may assign all or any portion of its interest in the
Agreement or its rights created hereunder and, in such event, Assignor, at its sole expense, shall
promptly execute, acknowledge and deliver such additional documents, instruments and
agreements as may be required by Assignee in connection with any such assignment.
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10. Upon the satisfaction and discharge of all of the obligations of Assignor under the
Loan and the obligations of Assignor under all other documents and instruments evidencing,
securing or pertaining to the Loan, this Assignment shall be void and of no further force and
effect.
11. This Assignment shall be governed by and construed in accordance with the law
of the State of Colorado, without giving effect to conflict of laws principles.
12. This Assignment may be executed in any number of counterparts each of which
shall be deemed an original, but all such counterparts together shall constitute but one agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the
day and year first above written.
ASSIGNOR:
WALLACE WORKS, LLC,
a Delaware limited liability company
By:
Jon-Erik Evans
Its Manager
ASSIGNEE:
FIRST WESTERN TRUST BANK,
a Colorado banking corporation
By:
Tanaya Carter
Market President
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EXHIBIT A
4916-9213-3163, v. 6
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot A of Amended Northern Pacific Addition, Amended Plat of Lots 2 and 3 of the Plat C-23-18,
Lot 2 of Plat C-23-A-16, & Tract 1 of Minor Subdivision No. 3, said parcel being a portion of
vacated Aspen Street, a portion of Block 109 and the vacated alley in Block 109 of the Northern
Pacific Addition to the City of Bozeman, Gallatin County Montana. (Plat Reference: C-23-A-
50).
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EXHIBIT B
4916-9213-3163, v. 6
EXHIBIT B
EXECUTED DEVELOPMENT AGREEMENT
[Executed Development Agreement begins on the following page]
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DEVELOPMENT AGREEMENT (Wallace Works)
This DEVELOPMENT AGREEMENT (this “Agreement”) is dated as of October 1,
2024, by and between WALLACE WORKS, LLC (the “Developer”) and the CITY OF BOZEMAN, MONTANA (the “City”). The Developer and the City are each individually referred to herein as a “Party” and collectively as the “Parties.”
RECITALS:
WHEREAS, under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended (the “Act”), the City is authorized to create urban renewal areas, prepare and adopt an urban renewal plan therefor and amendments thereto, undertake urban renewal projects therein, provide for the segregation and collection of tax increment with respect to property taxes collected in such areas, and apply tax increment revenues derived from projects
undertaken within the urban renewal area to pay eligible costs;
WHEREAS, pursuant to the Act and Ordinance No. 1655 adopted by the City Commission of the City (the “City Commission”) on November 28, 2005, the City has created the Northeast Urban Renewal District (the “District”) as an urban renewal district and has approved the Northeast Urban Renewal Plan (the “Plan”) as an urban renewal plan in accordance
with the Act, which Plan provides for the segregation and collection of tax increment revenues with respect to the District;
WHEREAS, the Developer proposes to undertake the construction of a mixed-use development generally consisting of construction of approximately 48 residential rental units, one cohousing cluster rental unit, 16 row homes to be offered for sale, complementary
commercial space, related infrastructure and utility improvements, and related improvements, the estimated budget for which is set forth on Exhibit A hereto (the “Project”), on land located at 801 N.Wallace Avenue in Bozeman, Montana, which is legally described on Exhibit B hereto (the“Land”);
WHEREAS, seven of the 49 residential rental units are proposed to be affordable to
households earning 80% of area median income and below, and as a condition to the City’s reimbursement obligations under this Agreement, the Developer agrees to record restrictive covenants against the Land to provide for long-term affordability of those units (as further described herein, the “Restrictive Covenants”); and
WHEREAS, pursuant to Resolution No.5643 adopted on October 1, 2024, the City
Commission approved the Project as an urban renewal project under the Plan and the Act and
authorized the use of tax increment revenue of the District to reimburse the Developer for certain eligible costs of the Project described more particularly on Exhibit C hereto (the “Eligible Costs”) in the maximum amount of $2,055,563, subject to the terms and conditions of this Agreement; and
WHEREAS, certain of the Eligible Costs are costs paid by the Developer in connection
with the design, engineering, work, construction, materials, equipment, and other improvements eligible to be reimbursed, which improvements are identified as such on Exhibit C hereto (the
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“Infrastructure Improvements”), and certain of the Eligible Costs are costs to be paid by the Developer as fees or charges pertaining to the Project, which fees and charges are identified as
such on Exhibit C hereto (the “Project Fees and Charges”); and
WHEREAS, the City Commission has determined to reimburse the Developer for Eligible Costs solely out the Project Generated Tax Increment, as further described herein; and
WHEREAS, the Parties desire to enter into this Agreement which sets forth the obligations and commitments of the Parties.
NOW, THEREFORE, the City and the Developer, pursuant to the Act, each in consideration of the representations, covenants and agreements of the other, as set forth herein, mutually represent, covenant and agree as follows:
Section 1. Definitions; Rules of Interpretation; Exhibits.
1.1. Definitions. For all purposes of this Agreement, except as otherwise expressly
provided or unless the context clearly requires otherwise, the following terms have the meanings assigned to them, respectively:
“Act” means Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43, as amended or supplemented.
“Affordable Housing Covenants” means the covenants set forth in Section 3.12 hereof.
“Agreement” means this Development Agreement, dated as of , 2024, by and between the City and the Developer, as it may be amended or supplemented from time to time in accordance with the terms hereof.
“Bonds” means the Series 2017 Bond and any additional bonds issued by the City on a parity therewith in accordance with the Original Resolution.
“City” means the City of Bozeman, Montana, or any successors to its functions under this Agreement.
“City Commission” means the governing body of the City.
“Developer” means Wallace Works, LLC, a Delaware limited liability company, and its successors and assigns in accordance with and as permitted under this Agreement.
“District” means the Northeast Urban Renewal District, an urban renewal district created by the Ordinance pursuant to the Act, as such may be enlarged or reduced from time to time in accordance with the Act.
“DOR” means the State of Montana Department of Revenue.
“Eligible Costs” means the costs identified as such on the attached Exhibit C.
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“Environmental Laws and Regulations” means and includes the Federal Comprehensive Environmental Compensation Response and Liability Act (“CERCLA” or the “Federal
Superfund Act”) as amended by the Superfund Amendments and Reauthorization Act of 1986
(“SARA”), 42 U.S.C. §§ 9601 et seq.; the Federal Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. §§ 6901 et seq.; the Clean Water Act, 33 U.S.C. § 1321 et seq.; and the Clean Air Act, 42 U.S.C. §§ 7401 et seq., all as the same may be from time to time amended, and any other federal, state, county, municipal, local or other statute, code, law, ordinance,
regulation, requirement or rule which may relate to or deal with human health or the environment including without limitation all land use, zoning, and stormwater control regulations as well as all regulations promulgated by a regulatory body pursuant to any statute, code, law, ordinance, regulation, requirement or rule.
“Fiscal Year” means the period commencing on the first day of July of any year and
ending on the last day of June of the next calendar year, or any other twelve-month period authorized by law and specified by the Commission as the City’s fiscal year.
“Indemnified Parties” has the meaning given to it in Section 7.1.
“Infrastructure Improvements” means the design, engineering, work, construction, materials, equipment, and the other improvements, the costs of which form a part of the Eligible
Costs described as such in Exhibit C hereto, as the same may be amended or supplemented from time to time, in accordance with the terms hereof.
“Land” has the meaning given to it in the recitals hereof.
“Land Use Regulations” means all federal, state and local laws, rules, regulations, ordinances and plans relating to or governing the development or use of the Land or the Project.
“Milestone” of “Milestones” has the meaning given in Section 3.4 hereof.
“Milestone Date” or “Milestone Dates” has the meaning given in Section 3.4 hereof.
“Ordinance” means Ordinance No. 1655 adopted by the City Commission on November 28, 2005.
“Original Resolution” means Resolution No. 4801 adopted by the City Commission on
May 22, 2017, pursuant to which the City issued the Series 2017 Bond.
“Person” means any individual, corporation, limited liability company, partnership, limited liability partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
“Prevailing Wage Rates” means the Montana Prevailing Wage Rate for public works
projects as published from time to time by and available from the Montana Department of Labor and Industry, Research and Analysis Bureau, P.O. Box 1728, Helena, Montana 59624, telephone number (800) 541-3904.
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“Project” means the facilities to be constructed by the Developer on the Land pursuant to this Agreement, as described in the recitals hereto.
“Project Fees and Charges” means those fees and charges pertaining to the Project that
form a part of the Eligible Costs described as such in Exhibit C hereto, as the same may be amended or supplemented from time to time, in accordance with the terms hereof.
“Project Generated Tax Increment” means the property taxes paid by the Developer with respect to the Project, as further described in Section 5.2 hereof.
“Restricted Units” has the meaning set forth in Section 3.12 hereof.
“Restrictive Covenants” has the meaning set forth in Section 3.12 hereof.
“Series 2017 Bond” means the Tax Increment Urban Renewal Revenue Bond, Series 2017 (Northeast Urban Renewal District), issued in the principal amount of $1,446,000 pursuant to the Original Resolution.
“State” means the State of Montana.
“Tax Increment” means the amount received by the City pursuant to the Act from the extension of levies of Taxes (expressed in mills) against the incremental taxable value (as defined in the Act) of all Taxable Property, and shall include all payments in lieu of Taxes attributable to the incremental taxable value and all payments received by the City designated as
replacement revenues for lost Tax Increment.
“Taxable Property” means all real and personal property located in the District and subject to Taxes, including land, improvements and equipment.
“Taxes” means all taxes levied on an ad valorem basis by any Taxing Body against the Taxable Property (exclusive of the six mill levy for university purposes levied by the State and
any other mills that are excluded from the calculation of tax increment under State law), and shall include all payments in lieu of taxes received by the City with respect to Taxable Property.
“Taxing Body” means the City; the County of Gallatin, Montana; High School District No. 7 (Bozeman), Gallatin County, Montana; Elementary School District No. 7 (Bozeman), Gallatin County, Montana; the State; and any other political subdivision or governmental unit
that levies or may hereafter levy or cause to be levied Taxes against property within the District.
“Unavoidable Delay” means a delay resulting from a cause over which the Party required to perform does not have control and which cannot or could not have been avoided by the exercise of reasonable care, including but not limited to, acts of God, accidents, war, civil unrest, embargoes, strikes, unavailability of raw materials or manufactured goods, litigation, pandemics,
epidemics, labor shortages, unusually inclement weather and the delays of the other Party or its contractors, agents or employees in the performance of their duties under or incident to this Agreement.
1.2. Rules of Interpretation.
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(a) The words “herein,” “hereof” and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than to any of its
particular sections or subdivisions.
(b) References to any particular section or subdivision hereof are to the section or subdivision of this Agreement in its original signed form, unless otherwise indicated.
(c) The word “or” is not exclusive but is intended to contemplate or encompass one, more or all of the alternatives conjoined.
1.3. Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement:
Exhibit A: Project Budget
Exhibit B: Legal Description of the Land
Exhibit C: Eligible Costs
Exhibit D: Milestones
Exhibit E: Form of Developer Certificate to Establish Amount of Eligible Costs
Exhibit F: Form of Developer Certificate Regarding Project Generated Tax Increment and Request for Reimbursement
Exhibit G: Nondiscrimination and Equal Pay Affirmation
Section 2. Representations.
2.1. City Representations. The City hereby represents as follows:
(a) Pursuant to the Act, and after a public hearing duly called and held, the City by the Ordinance has duly created the District.
(b) Pursuant to the Original Resolution, the City has issued and there is outstanding
the Series 2017 Bond. In the Original Resolution, the City reserved the right to issue additional bonds having a lien on Tax Increment on a parity with the Series 2017 Bond (“Bonds”) and obligations having a lien on Tax Increment subordinate to the lien of the Bonds (“Subordinate Obligations”). Any obligation of the City to make payments under this Agreement constitutes a
Subordinate Obligation under the Original Resolution, subordinate and junior in all respects to
the repayment of the Bonds and the replenishment of the debt service reserve account for the Bonds, and subject to all other terms and conditions of the Original Resolution.
(c) Pursuant to Resolution No. 5643 of the City Commission, the City Commission authorized the execution and delivery by the City of this Agreement and approved the use of the
Project Generated Tax Increment, if available, to reimburse the Eligible Costs in a total amount
not to exceed $2,055,563.
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(d) The DOR has advised the City that the base taxable value (as defined in the Act) of the District is $423,054.
2.2. Developer Representations. The Developer hereby represents as follows:
(a) The Developer is a Delaware limited liability company, duly formed, validly existing and in good standing under the laws of the State of Delaware and is duly qualified to do business in the State of Montana. The Developer has the power to enter into this Agreement and by all necessary corporate action has duly authorized the execution and delivery of this
Agreement.
(b) The Developer has good marketable title to the Land, free and clear of all liens, encumbrances and defects except such as do not materially affect the value of the Land or materially interfere with the use made and proposed to be made of the Land by the Developer.
(c) The Developer has the financial capability or commitments to complete the
Project at a cost not less than $39,843,565.
(d) The Developer is not aware of any facts the existence of which would cause the Developer to be in violation in any material respect of any Environmental Laws and Regulations applicable to the Project or the Infrastructure Improvements. The Developer has not received from any local, state or federal official any notice or communication indicating that the activities
of the Developer have been, may be or will be in violation of any Environmental Laws and Regulations applicable to the Project or the Infrastructure Improvements.
(e) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions hereof is prohibited or limited by, conflicts with or results in a breach of the terms,
conditions or provisions of the certificate of formation, partnership agreement or operating agreement of the Developer or any evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing.
(f) There is no action, suit, investigation or proceeding now pending or, to the
knowledge of the Developer, threatened against or affecting the Developer or its business, operations, properties or condition (financial or otherwise) before or by any governmental department, commission, board, authority or agency, or any court, arbitrator, mediator or grand jury, that could, individually or in the aggregate, materially and adversely affect the ability of the Developer to complete the Project.
(g) The Developer acknowledges and agrees that the sole source of funds for
reimbursing the Developer under this Agreement is the Project Generated Tax Increment. The Developer further acknowledges and agrees the amount of Tax Increment in the District is dependent upon a number of variables, including, without limitation, the taxable value of the Project, the number of mills levied by Taxing Bodies, and then-prevailing state laws regarding
computation of Tax Increment, and that the City has no control over such variables. If Tax
Increment in the District decreases, the City may need to use some or all of the Project Generated Tax Increment to pay debt service on Bonds or to replenish the debt service reserve account for
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the Bonds, and there may not be Project Generated Tax Increment available to reimburse the Developer for Eligible Costs, despite the Developer having paid all property taxes then due with
respect to the Project. The Developer agrees that if Project Generated Tax Increment is required
to be used to pay debt service or replenish the debt service reserve account for the Bonds such that the Project Generated Tax Increment is not available to reimburse the Developer, the City shall have no obligation to pay to the Developer the amount of reimbursement described in Section 4. The Developer agrees that such event shall not constitute a default by the City
hereunder. In such event, if Developer has not received any reimbursement but has recorded the Restrictive Covenants described in Section 3.12, the City shall consent to the termination of the Restrictive Covenants and cooperate with the Developer to remove the Restrictive Covenants from the Land.
Section 3. Developer Undertakings.
3.1. Construction and Maintenance of Project. The Developer hereby agrees and commits to the City that it will diligently prosecute to completion the construction of the Project in accordance with this Agreement, the site plan submitted to the City and all applicable federal, State and local laws, rules, regulations, ordinances and plans relating to or governing the development or use of the Project, including applicable Land Use Regulations and
Environmental Laws and Regulations. The total estimated costs of the Project are shown on Exhibit A hereto. The Developer has the financial capacity to complete the Project, and the Developer agrees to pay all costs thereof. If there is an increase in the costs of the Project from that shown on Exhibit A hereto that cannot be covered by the contingency amount, the Developer shall notify the City of the increase and submit additional evidence in a form
acceptable to the City that the Developer has the financial capacity to cover such additional costs and complete the Project. At all times during the term of this Agreement, the Developer will operate and maintain, preserve and keep the Project or cause the Project to be operated, maintained, preserved and kept for the purposes for which it was constructed, and with the appurtenances and every part and parcel thereof, in good repair and condition. The Developer
agrees to permit the City and any of its officers, employees or agents access to the Land for the purpose of inspection of all work being performed in connection with the Project; provided, however, that the City shall have no obligation to inspect such work.
3.2. Preparation, Review and Approval of Construction Plans. In connection with the Project, the Developer, at its sole expense, shall prepare and submit construction plans, drawings,
and related documents for each portion of the Project to the appropriate City officials for
architectural, engineering or land use review and written approval or permits, and the Developer shall include this Agreement in the materials submitted to City officials for review. The Developer acknowledges that no review or approval by City officials hereunder may be in any way construed by the Developer to replace, override or be in lieu of any required review,
inspection, or approval by the City Planning Division, or any other building construction official
review or approvals required by any State laws or local ordinances or regulations. Nothing contained in this Agreement indicates or evidences that the City has approved or will approve the Project or any portion thereof. This Agreement does not affect or limit the City’s regulatory powers with regard to the Project, including, without limitation, those relating to building
permits or other permits or the payment of fees. As further described in Section 7.1, the City
shall have no liability and the Developer shall hold the City harmless with respect to any
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increases in costs of the Project related to or arising out of delays resulting from the City’s regulatory actions or approvals.
3.3. Construction of the Infrastructure Improvements. The Developer shall acquire,
install, construct or otherwise provide the Infrastructure Improvements. The Developer acknowledges and agrees that the City is not responsible for acquiring, installing, constructing or otherwise providing the Infrastructure Improvements. The estimated costs of the Infrastructure Improvements, which form a part of the Eligible Costs, are shown on Exhibit C hereto.
3.4. Milestones of the Project. Certain steps in the development of the Project are listed on Exhibit D attached hereto (collectively, the “Milestones”; each a “Milestone”), together with the dates by which the Developer is obligated to complete the Milestones (collectively, the “Milestone Dates”; each as it relates to a particular Milestone, the “Milestone Date”). The Developer acknowledges and agrees that the City in reserving or offering to make available Tax
Increment to pay or reimburse the Eligible Costs necessarily means that certain Tax Increment is not available to pay or reimburse other undertakings or costs for the benefit of the District and that the City reasonably expects additional Tax Increment as a result of completion of the Project. The Developer acknowledges and agrees that conditioning the availability of Project Generated Tax Increment to pay or reimburse the Eligible Costs on completion or satisfaction of
the Milestones by the corresponding Milestone Dates is reasonable. If the Developer is unable to complete or satisfy a Milestone by the corresponding Milestone Date, the Developer shall make a formal written request to the Director of Economic Development, with appropriate supporting material, to extend the Milestone Date and, as appropriate, subsequent Milestone Dates. The Director of Economic Development may, in his or her sole discretion, (i) determine whether such
extension is appropriate and, if so, fix a new and superseding Milestone Date and also adjust other subsequent Milestone Dates, along with any other terms or conditions, or (ii) refer the request to the City Commission to either approve the extension and adjust other Milestone Dates, as appropriate, or terminate this Agreement, in which case the City will have no obligation to reimburse the Developer hereunder. If this Agreement is terminated as described in this Section
3.4 and the Developer has not received any reimbursement but has recorded the Restrictive Covenants described in Section 3.12, the City will consent to the termination of the Restrictive Covenants and cooperate with the Developer to remove the restrictive covenants from the Land.
3.5. Prevailing Wage Rates; Competitive Bidding. The Developer understands that the City is obligated to follow certain laws with respect to the expenditure of public funds, which
includes Tax Increment. The Developer agrees to comply with laws that govern City contracting
obligations, including public procurement laws relating to all of the Infrastructure Improvements, such as, without limitation, laws and rules regarding prevailing wage and solicitation of work on a competitive basis.
Without limitation of the foregoing, the Developer agrees that in the awarding of
contracts for the Infrastructure Improvements (i) it will, and it will cause its contractor to,
competitively bid contracts for each component of the Infrastructure Improvements, and (ii) through its contract with its contractor, it will, in addition to the requirements of Sections 3.9 and 3.10, require its contractor to, pay the Prevailing Wage Rates on such contracts related to the Infrastructure Improvements. The Developer will provide to the City all documentation
requested to verify the compliance of the Developer and its contractor with the foregoing
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requirements. Failure of the Developer or its contractor to bid competitively contracts for each component of the Infrastructure Improvements or to require contracts entered into directly with
contractors or sub-contractors to include provisions requiring the contractor or sub-contractor to
pay the Prevailing Wage Rates on the work related to the Infrastructure Improvements will be considered a breach of this Agreement and the City will be entitled, at its discretion and without obligation, to exercise any and all measures to assure compliance and retroactive compensation plus interest to workers not paid in accordance with this Agreement, and recovery of any penalty
or fine assessed by the State attributed to any failure to pay the Prevailing Wage Rates. Additionally, the Developer acknowledges that a violation of these requirements may, in the City’s sole discretion, cause the Infrastructure Improvements to be ineligible for the application of Tax Increment, in which case the City will have no obligation to reimburse or pay the Developer hereunder.
3.6. Utilities. The Developer shall not interfere with, or construct any improvements over, any public street or utility easement without the prior written approval of the City. All connections to public utility lines and facilities shall be subject to approval of the City and any private utility company involved. The Developer at its own expense shall replace any public facilities or utilities damaged during the Project by the Developer or its agents or by others acting
on behalf of or under their direction or control of the Developer.
3.7. Permits and Compliance With Laws. The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the acquisition and construction of the Project, including the Infrastructure Improvements.
Without limiting the foregoing, the Developer will request and seek to obtain from the City or other appropriate governmental authority all necessary land use, zoning, and building permits. The Developer will comply in all material respects with all Environmental Laws and Regulations applicable to the construction, acquisition, and operation of the Project, including the Infrastructure Improvements, will obtain any and all necessary environmental reviews, licenses
or clearances under, and will comply in all material respects with, Environmental Laws and Regulations. In addition, the Developer shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances related to worker safety including but not limited to the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State
building and electrical codes, and the Americans with Disabilities Act.
3.8. Easements. To the extent that the Infrastructure Improvements are to be located on the Land, the Developer hereby agrees to grant to the City and applicable utility companies from time to time such easements, rights-of-way and similar licenses in a form required by the City and as are reasonably necessary to permit the City to own, operate and maintain the
Infrastructure Improvements.
3.9. Nondiscrimination and Equal Pay Affirmation. The Developer agrees to require its contractor(s) to be in compliance with the City’s Nondiscrimination and Equal Pay Affirmation attached hereto as Exhibit G, as well as Title 49, Montana Code Annotated, regarding activities related to the Project, including the Infrastructure Improvements. The
Developer agrees that in its contracts with its contractors the Developer’s contractor will be
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required to require its subcontractors to comply with the City’s Nondiscrimination and Equal Pay Affirmation attached hereto as Exhibit G, as well as Title 49, Montana Code Annotated,
regarding activities related to the Project. The Developer agrees to provide copies of all such
contracts upon request by the City.
3.10. Worker’s Compensation Insurance. The Developer shall provide in its construction contracts related to the Project with all of its respective contractors that such contractors are to be covered by a Worker’s Compensation insurance program with the State, a
private insurance carrier, or an approved self-insurance plan in accordance with State law.
3.11. Walkaway Provision. The Developer shall have the option, in its sole discretion and for any reason, to cease developing the Project and terminate this Agreement without penalty at any time prior to the Developer submitting any request for reimbursement or payment to the City (“Walkaway Provision”). If the Developer exercises this Walkaway Provision , this
Agreement shall immediately terminate and all rights and obligations of the Parties under this Agreement shall cease, except for those rights and obligations specifically identified in this Agreement as surviving termination. If the Developer exercises this Walkaway Provision , the Developer automatically waives any and all rights to reimbursement or payment from the City under this Agreement. This Walkaway Provision shall not limit or prohibit any rights, claims,
or recourse that the City may have in connection with the Project. The Parties expect that, if the Developer determines to exercise this Walkaway Provision, the Restrictive Covenants will not be recorded against the Land. If the Developer records the Restrictive Covenants and, at a later date, determines to exercise the Walkaway Provision, the City consents to and agrees to cooperate with the Developer to remove the Restrictive Covenants from the Land.
3.12. Affordable Housing Covenants. The Developer agrees that a minimum of 7 of the residential rental units developed on the Land as part of the Project (the “Restricted Units”) will be restricted for a period not less than 50 years for use as housing affordable to households with incomes up to 80% area median income (“AMI”). As a condition to reimbursement from Project Generated Tax Increment, as described in Section 5.1 hereof, the Developer shall record
restrictive covenants in a form approved by the City Attorney and acceptable to the Developer (the “Restrictive Covenants”) against the Land. The Restrictive Covenants must (i) run with the land, (ii) bind, for a period not less than 50 years from the date of issuance of a certificate of occupancy with respect to the Restricted Units, the Restricted Units to be affordable at 80% AMI, with rental prices tied to affordability at 80% AMI, and (iii) provide that a third-party
nonprofit or government entity with experience in managing affordable housing units will manage the rental of the Restricted Units. The affordability requirements in the Restrictive Covenants will be index-based, tied to AMI, and pursuant to the Restrictive Covenants, rental prices of the Restricted Units will be based on the most recent affordability data available through the Housing and Urban Development’s Housing Availability Data System or other
similar affordability data that is available at the time of rental. The Developer’s covenants described in this Section 3.12 are referred to herein as the “Affordable Housing Covenants.” The Developer acknowledges and agrees that the Affordable Housing Covenants are fundamental to the City’s agreements hereunder. The Developer acknowledges that, as development proceeds on the Project, it may be required to record other instruments to implement the Affordable
Housing Covenants and provide for the affordability of the Restricted Units, in addition to or in replacement of the Restrictive Covenants to be recorded as a condition to reimbursement of the
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Developer under this Agreement, and the Developer agrees to record such other instruments if necessary. The Restrictive Covenants to be filed hereunder are separate and distinct from any
other restrictive covenants that may be required by other City regulations, programs or
agreements, including pursuant to the City’s affordable housing ordinance. The Developer acknowledges that, as determined by the City, one-person household pricing relates to studios, two-person household pricing relates to one bedroom units, three-person household pricing relates to two bedroom units, and four-person household pricing relates to three bedroom units.
Section 4. City Undertakings. Subject to satisfaction of all conditions in Section 5 below, subject to the prior lien of the Bonds and the debt service reserve account therefor on the Project Generated Tax Increment, the City agrees to reimburse the Developer in an amount equal to 100% of the Project Generated Tax Increment in each Fiscal Year, until the Developer is reimbursed for the Eligible Costs (up to $2,055,563).
Section 5. Reimbursement for the Eligible Costs. Reimbursement of the Developer for Eligible Costs shall be subject to the following conditions and in accordance with the following procedures:
5.1. Conditions to Reimbursement.
(a) (i) The Developer must have completed or satisfied each of the Milestones by the
applicable Milestone Date, as such date may have been extended pursuant to Section 3.4 hereof, (ii) the City must have issued a certificate of occupancy for the Project, (iii) the Infrastructure Improvements must have been completed in their entirety and the City must have delivered to the Developer written acceptance of the Infrastructure Improvements (which may be in the form of a Certificate of Completion or such other format as required by the City), and (iv) the
Developer must demonstrate to the City’s satisfaction, by a title report or other means acceptable to the City, that the Infrastructure Improvements are free of financial liens and any encumbrances affecting the Infrastructure Improvements must be acceptable to the City.
(b) Reimbursement by the City for costs of the Infrastructure Improvements must be based on paid invoices for costs incurred by the Developer, its contractors and subcontractors or
utility companies, which the Developer must supply to the City. The City may reject, in its sole discretion, any invoice related to the Infrastructure Improvements. The City will notify the Developer within seven (7) days of any rejected invoice and the reason it was rejected, and will provide the Developer a reasonable opportunity to cure.
(c) The Parties agree that the City will have no obligation to pay or reimburse any of
the Eligible Costs unless at the time of such request (i) all of the Developer’s representations as
set forth in Section 2.2 are true and correct, (ii) the Developer is not in breach of any covenant or undertaking as set forth in Section 3, and (iii) there shall be adequate Tax Increment on hand to satisfy all financial obligations related to the Bonds and the debt service reserve account for the Bonds such that the Project Generated Tax Increment is available to reimburse the Developer.
(d) The Developer shall have provided evidence satisfactory to the City that the
Developer is in compliance with the Affordable Housing Covenants and the Restrictive Covenants, together with evidence that the Restrictive Covenants have been recorded with the
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Gallatin County Clerk and Recorder’s Office and are in full force and effect, and other information regarding the Restricted Units, which may include outreach and marketing materials
relating to the rental of the Restricted Units, rental data relating to the Restricted Units, and/or
other relevant information.
(e) After receiving a certificate of occupancy for the Project, the Developer shall provide to the City a signed Developer certificate substantially in the form attached as Exhibit F hereto and acceptable to the City, accompanied by the invoices and lien waivers from the
contractors or subcontractors that have performed the work to be reimbursed. In addition, the Developer agrees to provide to the City any additional information requested by the City for the City to determine the total amount of the Eligible Costs actually incurred. Based on this Developer certificate and the related information provided by the Developer, the City Manager or his or her designee shall determine the total dollar amount of Eligible Costs that may be
reimbursed (up to $2,055,563).
If any of the above conditions are not satisfied in the determination of the City, and after reasonable opportunity for the Developer to cure any default, the City shall have no obligation to reimburse any of the Eligible Costs and the City’s determination to refrain from reimbursing, or its inability to reimburse, any of the Eligible Costs shall not be or result in a default of this
Agreement.
5.2. Process for Reimbursement. The actual property taxes paid by the Developer in each Fiscal Year following receipt of a final certificate of occupancy with respect to the Project constitutes the “Project Generated Tax Increment.” Subject to the prior lien of the Bonds on Tax Increment, the Developer is eligible to be reimbursed in an amount equal to the Project
Generated Tax Increment in each Fiscal Year, until the Developer is reimbursed for the Eligible Costs (up to $2,055,563). Following determination of the dollar amount of the Eligible Costs that may be reimbursed under Section 5.1(e), and the Developer’s payment of property taxes with respect to the Project in accordance with Section 6.1, Developer shall submit to the Director of Economic Development, not more than twice in any Fiscal Year, a certificate substantially in
the form attached hereto as Exhibit F, together with such supporting documentation as may be requested by the City, showing the amount of the Project Generated Tax Increment paid by the Developer at that time.
Section 6. Covenants to Pay Taxes.
6.1. Taxes. The Developer shall pay or cause to be paid when due and prior to the
imposition of penalty all Taxes and all installments of any special assessments payable with
respect to the Land and the Project and any improvements thereto or extension thereof.
6.2. Maintenance of Land and Project. The Developer agrees to use its commercially reasonable best efforts to maintain and operate the Land and the Project so as to be able at all times to pay promptly and when due all property taxes levied with respect to the Land and the
Project.
6.3. Injunction; Specific Performance. The Parties agree that, in the event of a breach of this Section 6 by the Developer or its successors or assigns, the City would suffer irreparable
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harm. Therefore, in the event the Developer or its successors or assigns fails to comply with the provisions of this Section 6, the Developer agrees that the City may pursue any remedy at law or
in equity, including, without limitation, the remedies of injunction and specific performance.
Section 7. Indemnification and Insurance.
7.1. Indemnification. The Developer releases the City and all City Commission members, board members, officers, agents, servants and employees of the City (the “Indemnified Parties”) from, and covenants and agrees that the Indemnified Parties shall not be liable for, and
agrees to indemnify, defend and hold harmless the Indemnified Parties against, any loss, damage, cost (including reasonable attorneys’ fees), claim, demand, suit, action or other proceeding whatsoever (i) arising or purportedly arising out of, or resulting or purportedly resulting from, the acquisition and construction of the Project, including the Infrastructure Improvements, any violation by the Developer of any agreement, condition or covenant of this Agreement, the
ownership, maintenance and operation of the Project, or the presence on any portion of the Land, of any dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances; or (ii) which is proximately caused by the Developer or its officers, agents, contractors, consultants or employees.
7.2. Insurance. The Developer shall keep and maintain the Project at all times insured
against such risks and in such amounts, with such deductible provisions, as are customary in connection with facilities of the type and size comparable to the Project, and the Developer shall carry and maintain, or cause to be carried and maintained, and pay or cause to be paid timely the premiums for direct damage insurance covering all risks of loss, including, but not limited to, the following:
1. fire 2. extended coverage perils 3. vandalism and malicious mischief 4. boiler explosion (but only if steam boilers are present) 5. collapse
on a replacement cost basis in an amount equivalent to the Full Insurable Value thereof. “Full Insurable Value” shall include the actual replacement cost of the Project, exclusive of foundations and footings, without deduction for architectural, engineering, legal or administrative fees or for depreciation. The policies required by this Section 7.2 shall be subject to a no coinsurance clause or contain an agreed amount clause, and must contain a deductibility
provision not exceeding $100,000.
Subject to the terms of any mortgage relating to the Project, policies of insurance required by this Section 7.2 shall insure and be payable to Developer and shall provide for release of insurance proceeds to Developer for restoration of loss. The City shall be furnished certificates showing the existence of such insurance. In case of loss, Developer is hereby
authorized to adjust the loss and execute proof thereof in the name of all parties in interest.
During construction of the Project, any and all of the foregoing insurance policies may be maintained by the Developer’s contractor; provided that once the Project is placed into service,
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Developer shall maintain all of the foregoing insurance policies. In addition, as a condition to placing the Project in service, the City may require that the Developer or owner of the Project
obtain additional insurance that would protect the City or the City’s interest in the Infrastructure
Improvements.
In addition to and independent of the above, the Developer shall at the Developer’s expense secure liability insurance through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana. The insurance shall not contain any
exclusion for liabilities specifically assumed by the Developer in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City in relation to construction of the Project and the Infrastructure Improvements without limit and without regard to the cause therefore. The Developer must furnish to the City an accompanying certificate of insurance and
accompanying endorsements in amounts not less than as follows:
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate
The above amounts shall be exclusive of defense costs. The City, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory
basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Developer commencing work on Project or Infrastructure Improvements. Developer must notify the City within two (2) business days of Developer’s receipt of notice that any
required insurance coverage will be terminated or Developer’s decision to terminate any required insurance coverage for any reason.
Section 8. General Provisions.
8.1. Conflicts of Interest; City’s Representatives Not Individually Liable. The Developer represents that it does not employ, retain, or contract with an officer or employee of
the City and that no member, officer or employee of the City has a personal or financial interest, direct or indirect, in this Agreement or in the Project, or a financial interest in the Infrastructure Improvements. No member, officer or employee of the City shall be personally liable to Developer in the event of any default under or breach of this Agreement by the City, or for any amount that may become due to Developer for any obligation issued under or arising from the
terms of this Agreement.
8.2. Rights Cumulative. The rights and remedies of the Parties of this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by any Party hereto of any one or more of such remedies shall not preclude the exercise by such Party, at the same or different times, of any other remedy for the same default or breach or of any of its
remedies for any other default or breach of the Party subject to the limitation of remedies
provided herein. No waiver made by such Party with respect to the performance or the manner or time thereof, of any obligation under this Agreement, shall be considered a waiver with respect to the particular obligation of the other Party or a condition to its own obligation beyond
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those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the Party making the waiver of any obligations of the other Party. Delay by
a Party hereto instituting or prosecuting any cause of action or claim hereunder shall not be
deemed a waiver of any rights hereunder.
8.3. Term of Agreement.
(a) This Agreement shall remain in effect until the earlier of (i) the date that is 10 days after the date the City reimburses the Developer in full hereunder, or (ii) the termination of
this Agreement pursuant to Section 5.2(b) or Section 3.11; provided that this Agreement may be earlier terminated by the City in its sole discretion at any time after failure by the Developer to complete or satisfy a Milestone by the applicable Milestone Payment Date (as such date may be extended as described in Section 3.4).
(b) Notwithstanding the foregoing provisions of this Section 8.3, (i) Sections 6, 7, and
8 of this Agreement shall in all events survive the termination of this Agreement, and (ii) if the Developer is reimbursed under this Agreement, Section 3.12 shall survive the termination of this Agreement.
8.4. Limitation on City Liability. No agreements or provisions contained in this Agreement nor any agreement, covenant or undertaking by the City contained in any document
in connection with the Project, including the Infrastructure Improvements, or the Eligible Costs shall give rise to any pecuniary liability of the City or a charge against its general credit or taxing powers, or shall obligate the City financially in any way except with respect to then-available Project Generated Tax Increment. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs
or other financial or pecuniary charge except to the extent that the same can be paid or recovered from then-available Project Generated Tax Increment; and no execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general funds or taxing powers of the City (except as such constitute then-available Project Generated Tax Increment). Nothing herein shall preclude a proper party in interest from seeking and
obtaining specific performance against the City for any failure to comply with any term, condition, covenant or agreement herein; provided that no costs, expenses or other monetary relief shall be recoverable from the City except as may be payable from the Project Generated Tax Increment. This Agreement shall not constitute or be construed to give rise to a debt of the City.
8.5. Assignment. This Agreement is unique between the City and the Developer and
no Party may assign any rights or privileges, or delegate any duties or obligations under this Agreement, without first obtaining the written consent of the other Party.
8.6. Successors Bound By Agreement; No Third Party Beneficiary; No Property Interest. Subject to compliance with Section 8.5, this Agreement will inure to the benefit of and
be binding upon the Parties to this Agreement and their respective successors in interest and
permitted assignees. This Agreement is for the exclusive benefit of the Parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third
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party. This Agreement, by itself, does not create or give rise to a property interest in the Land or the Project.
8.7. Prior Agreements. This Agreement supersedes, merges and voids any and all
prior discussions, negotiations, agreements and undertakings between the Parties with respect to the subject matter of this Agreement. The Parties waive and release each other from any claims, actions, or causes of action that relate in any manner to any prior discussions, negotiations, agreements and undertakings between the Parties with respect to the subject matter of this
Agreement.
8.8. Entire Agreement. This Agreement, including any exhibits and attachments hereto, embodies the entire agreement and understanding of the Parties with respect to its subject matter. All Parties shall be prohibited from offering into evidence in any arbitration or civil action any terms, conditions, understandings, warranties, statements or representations, whether
oral or written, with respect to the subject matter of this Agreement and that are not contained in this Agreement.
8.9. Amendments, Changes and Modifications. This Agreement may be amended and any of its terms may be modified only by written amendment authorized and signed by the Parties hereto.
8.10. Headings. The headings of articles and sections in this Agreement are inserted for convenience of reference only and do not limit or amplify the terms and provisions of the Agreement in any manner. The headings will be ignored and will not affect the construction of any provisions of this Agreement.
8.11. Notice. Any formal notice, demand or communication required or permitted by
the terms of this Agreement to be given to the City or the Developer will be in writing and will be delivered to such Party either: (i) by personal hand-delivery; or (ii) by depositing the same in the United States mail, certified mail with return receipt requested, addressed to such Party at the address named below, with postage prepaid thereon. Notice will be deemed complete upon receipt of the notice pursuant to any of the foregoing methods of notice.
If to City: City of Bozeman Attention: Bozeman City Manager 121 N. Rouse Ave.
P.O. Box 1230
Bozeman, MT 59771
With a copy to:
[ ]
If to Developer:
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Wallace Works, LLC Attention: Erik Nelson
113 East Oak, Suite 4B
Bozeman, MT 59715 With a copy to:
[ ] The City and the Developer, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications should be sent.
8.12. Severability. If any provision of this Agreement is declared void or held invalid,
such provision will be deemed severed from this Agreement and the remaining provisions of this Agreement will otherwise remain in full force and effect.
8.13. Duplicate Originals or Counterparts. This Agreement may be executed in two or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement.
8.14. Place of Performance. The place of performance of this Agreement will be in the City of Bozeman, Gallatin County, Montana.
8.15. Governing Law. This agreement and the legal relations between the Parties hereto will be governed by and construed in accordance with the laws of the State of Montana, without giving effect to any choice of law statutes, rules, or principles.
8.16. Dispute Resolution.
(a) Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each Party duly authorized to execute settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator acceptable to the Parties to assist in
the negotiated settlement discussions.
(b) If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the applicable law and the provisions of this Agreement.
8.17. Further Assurances and Corrective Instruments. The Parties agree that they will,
from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and
delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Project, including the Infrastructure Improvements, or the Eligible Costs or for carrying out the expressed intention of this Agreement.
8.18. Reports/Accountability/Public Information. The Developer agrees to develop
and/or provide documentation as requested by the City demonstrating the Developer’s
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compliance with the requirements of this Agreement. The Developer shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for
the purpose of verifying that the monies reimbursed to the Developer pursuant to this Agreement
were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Developer shall not issue any statements, releases or information for public dissemination regarding this Agreement or the work contemplated hereunder without prior written approval of the City.
[Balance of page intentionally left blank]
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IN WITNESS WHEREOF, the Parties hereto have caused this Development Agreement to be executed as of the [ ] day of [ ].
CITY OF BOZEMAN, MONTANA
By: Printed Name: Chuck Winn Title: City Manager
[Signature Page to Development Agreement]
Docusign Envelope ID: 5CE40C38-A452-4340-BE34-A446ADE3A184
1st October, 2024
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WALLACE WORKS, LLC
By:
Name:
Title:
[Signature Page to Development Agreement]
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Greg Avis
Partner
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A-1
EXHIBIT A
ESTIMATED PROJECT BUDGET
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EXHIBIT B
LEGAL DESCRIPTION OF THE LAND
Legal Description
Lot A of the Amended Plat of Lots 2 & 3 of Plat C-23-A18, Lot 2 of Plat C-23-A16, & Tract 1 of Minor
Subdivision No. 3, in Block 109 of the Northern Pacific Addition to the City of Bozeman, Recorded in
Book C of Plats on Page 23-A50. Located in the Southeast Quarter of Section 6, Township 2 South,
Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana.
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C-1
EXHIBIT C
ELIGIBLE COSTS
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D-1
EXHIBIT D
MILESTONES
MILESTONE MILESTONE DATE
Phase 1 Site Plan Submittal to the City Complete
Phase 2 Site Plan Submitted to the City
Phase 1 Building Permit Submittal
Phase 2 Building Permit Submittal
Jan 2025
Complete
August 2025
Start of Development Construction Nov 15th 2025
Start of Infrastructure Construction Jan 15th 2026
Substantial Completion of Infrastructure Construction Jan 15th 2027
Completion of Development Construction (occupancy) Jan 15th 2028
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E-1
EXHIBIT E
FORM OF DEVELOPER CERTIFICATE TO ESTABLISH AMOUNT OF ELIGIBLE COSTS
TO: City of Bozeman, Montana (the “City”)
FROM: Wallace Works, LLC (the “Developer”)
SUBJECT: Eligible Costs
This Developer Certificate requests $ for reimbursement of Eligible Costs, as defined in the Development Agreement between the Developer and the City, dated as of (the “Development Agreement”). Capitalized terms used but not otherwise defined herein shall have the respective meanings given such terms in the Development Agreement.
Pursuant to Section 5.1(d) of the Development Agreement, the undersigned hereby certifies on behalf of the Developer that:
(a) the expenditures for which reimbursement is requested are listed in summary form in the attached schedule headed “Project Expenditures;”
(b) invoices paid by the Developer corresponding to the expenditures set forth on the attached Project Expenditures Schedule are appended to the attached schedule headed “Project Invoices;”
(c) the amounts for which reimbursement is requested have been paid by the Developer to the City for Project Fees and Charges or to contractors, subcontractors, materialmen, engineers, architects or other persons who or that have performed necessary or appropriate services or supplied necessary or appropriate materials for the acquisition, construction, renovation, equipping, and installation of the Infrastructure Improvements;
(d) with respect to the Infrastructure Improvements, the contractor and subcontractors were solicited and retained competitively and all persons performing work on the Infrastructure Improvements were paid the Montana prevailing wage for such work;
(e) the reimbursement of the amounts requested will not result in a breach of any of the covenants of the Developer contained in the Development Agreement; and
(f) no litigation has been instituted or is threatened with regard to any amounts sought to be reimbursed, and binding and enforceable lien waivers have been obtained from all contractors, subcontractors, materialmen, and others with regard to all work related to any amounts for which reimbursement is requested.
The Developer represents that all of the representations of the Developer in Section 2.2 of the Development Agreement are true and correct as of the date hereof and the Developer is not in
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E-2
default of the performance of any of its undertakings or obligations under Section 3 of the Development Agreement as of the date hereof.
Dated: , 20 Wallace Works, LLC
By: Authorized Developer Representative
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F-1
EXHIBIT F
FORM OF DEVELOPER CERTIFICATE REGARDING PROJECT GENERATED TAX
INCREMENT
TO: City of Bozeman, Montana (the “City”)
FROM: Wallace Works, LLC (the “Developer”)
SUBJECT: Project Generated Tax Increment
This Developer Certificate relates to Project Generated Tax Increment, as defined in the Development Agreement between the Developer and the City, dated as of
(the “Development Agreement”). Capitalized terms used but not otherwise defined herein shall have the respective meanings given such terms in the Development Agreement.
Pursuant to Section 5.2 of the Development Agreement, the undersigned hereby certifies on behalf of the Developer that on [ ], 20 ] and [ ], 20 ], the Developer, and/or person(s) or entity responsible for paying taxes, has paid property taxes
relating to the Project in the total amount of $[ ]1, and is therefore eligible for
reimbursement in an amount of $[ ]2. The Developer has attached proof of each payment to this certificate.
The Developer is eligible to be reimbursed for $[ ]3 in total Eligible Costs. [The Developer has previously been reimbursed for Eligible Costs in the amount of $[ ], and as
of the date hereof, the Developer is eligible to be reimbursed for an additional $[ ] in
Eligible Costs.]
The Developer further certifies that all of the representations of the Developer in Section 2.2 of the Development Agreement are true and correct as of the date hereof and the Developer is
not in default of the performance of any of its undertakings or obligations under Section 3 of the
Development Agreement as of the date hereof.
Dated: , 20 Wallace Works, LLC
By: Authorized Developer Representative
1 Project Generated Tax Increment.
2 Same as FN 6. 3 Amount of Eligible Costs established by Developer Certificate at Exhibit E.
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G-1
EXHIBIT G
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EXHIBIT C
4916-9213-3163, v. 6
EXHIBIT C
CONSENT
The undersigned CITY OF BOZEMAN, MONTANA (the “City”) hereby consents to the
attached Assignment of Development Agreement dated as of March ___, 2025 (the
“Assignment”), by and between WALLACE WORKS, LLC, a Delaware limited liability
company (the “Assignor”) and FIRST WESTERN TRUST BANK, a Colorado banking
corporation (“Assignee”), and agrees to allow for performance by the Assignee, and its
successors and assigns, if an Event of Default has occurred and is continuing under that certain
Construction and Term Loan Agreement dated as of March __, 2025, by and between Assignor
and Assignee, as it may be amended, modified, supplemented or restated from time to time
(collectively, the “Loan Agreement”), which Event of Default is not cured within any
applicable cure period. All terms used as defined terms herein and not otherwise defined herein,
shall have the meanings set forth for such terms in the Loan Agreement.
The undersigned City hereby agrees that, in the event of a breach by Assignor of any of
the terms and conditions of that certain Development Agreement by and between the
undersigned City and the Assignor dated as of October 1, 2024, as it may be amended, modified,
supplemented or restated from time to time (collectively, the “Development Agreement”), the
undersigned City will use commercially reasonable efforts to provide written notice of such
breach to Assignee at Assignee’s address provided hereinbelow. Assignee shall then have a
reasonable opportunity from the receipt of such notice of Default to remedy or cure said Default
which shall not be less than thirty (30) days; provided, however, that neither the Assignment nor
this Consent shall require Assignee to cure any such Default.
The undersigned City acknowledges that Assignee is relying on this Consent and the
agreements herein in order to induce Assignee to make the Loan to Assignor.
Dated: _________, 2025 CITY:
By:
Chuck Winn
City Manager
Assignee Address:
First Western Trust Bank
211 East Oak Street,
Suite 2A
Bozeman, MT 59715
Attn: Tanaya Carter
Market President
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Memorandum
REPORT TO:City Commission
FROM:Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Memorandum of Agreement (MOA) to
Provide Assistance to Montana State University (MSU) for the MSU Public
Water System
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the Memorandum of Agreement (MOA)
to provide assistance to Montana State University (MSU) for the MSU public
water system.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:MSU has a public water supply system that must comply with Department of
Environmental Quality (DEQ) requirements. MSU requested the City’s
assistance with water quality sampling and for advice on managing their
system. By signing this MOA, the City agrees to provide water quality
sampling and prepare reports required by DEQ and EPA, as well as inventory
and test backflow equipment at points of water supply from the City to
MSU. MSU will be responsible for maintenance, repairs and capital
improvements to their system and will compensate the City for services
defined in the attached Memorandum of Agreement.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The fee for services will be $50,000 per year for three years, which covers all
services costs of the City for the defined scope.
Attachments:
MOA MSU Water System Support
Attachment A - Sampling and Related Services
Report compiled on: February 26, 2025
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Memorandum of Agreement
This Memorandum of Agreement, effective as of July 1, 2025, between Montana State
University Bozeman (MSU) and the City of Bozeman (Bozeman) collectively referred to as the
“Parties”, addresses areas of responsibility with respect to the National Primary Drinking Water
Regulations and fulfills the requirements of the Administrative Rules of Montana to be
considered for exclusion.
WHEREAS, MSU has been classified as a public water supply system which:
a)Consists only of distribution facilities and does not have any treatmentfacilities;
b)Obtains all of its potable water from the public water system owned and operated by the
City of Bozeman;
c)Does not sell water to any person; and
Is not a carrier that conveys passengers in interstate commerce; and
WHEREAS, Bozeman operates a public water supply system and is the sole provider of potable
water to MSU; and
WHEREAS, the parties desire to enter into this agreement to clarify the responsibilities of the
parties as necessary for exclusion under ARM 17.38.210.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
Parties agree as follows:
A.Bozeman shall:
a.Review, on an annual basis or when new guidance or regulations are promulgated,
the sampling requirements required by the regulations and guidance provided by the
Montana Department of Environmental Quality(DEQ).
b.Prepare an annual sampling schedule for all requiredcomponents.
c.Provide sampling and related services as further described in Attachment A.Bozeman
will provide a qualified water treatment operator or technician, equipment, and
consumables to perform sampling.
d.Provide all required public notices and all required DEQ reports, includingconsumer
confidence reports.
e.Provide a systems management professional to MSU, including Certified Water
System Operator, to review MSU’s water system repairs, valve exercising
program, and leak detection program.
f.On request, survey all MSU buildings for adequate backflow protection at point
of entryfor potable water domestic and fire lines and make recommendation for
type of protection for the hazard level present in thestructure.
g.Test backflow preventer equipment at the ten (10) entry points to the MSUsystem and
all MSU buildings tied directly to the city’s water distribution system.
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h.On request, store backflow preventer data for point of entry at each campus
building in the City’s backflow software inventory and notify MSU in writing when
backflow preventers are due for testing.
i.Provide technical assistance to MSU Engineering and Utilities for capital
planningof improvements to MSU’s watersystem.
B.MSU shall:
a.Retain ownership of all water system infrastructure located on the Montana State
University campus.
b.Be responsible for all maintenance, repairs and capital improvements to the MSU
water system and compliance with applicable state and federal regulatory
requirements, including but not limited to piping, valves, and any other equipment
necessary to maintain compliance.
c.Retain ownership of all campus backflow infrastructure and be solely responsiblefor
all maintenance, repairs and capital improvements to the backflow equipment at the
entry points to the MSU water system and for each campusbuilding.
d.Compensate Bozeman for services provided pursuant to this MOU. The fee will be
negotiated by Bozeman’s Utilities Director and MSU Director of Engineering &
Utilities based upon the requirements for sampling and professionalservices. The
annual fee for services is $50,000 for fiscal years beginning 7/1/2025, 7/1/2026, and
7/1/2027.
e.Provide access to MSU campus facilities and systems as necessary for Bozemanstaff
to perform the required sampling and professionalservices.
f.Provide parking privileges for Bozeman vehicles with the same parking privilegesas
MSU maintenance and support vehicles for sampling activities and provide on-
campus parking for Bozeman vehicles used to provide professional service activities
outlined in this MOU.
C.Effective Date and Duration. This agreement shall be effective as of the date of
execution and shall continue for a period of three (3) years. The parties may terminate this
agreement at any time upon mutual written agreement. The parties may extend the agreement
for such additional period of time and under such terms as the parties agree upon inwriting.
Chuck Winn,Date
City Manager
John How,Date
Associate Vice President of University Services
85
Attachment A
Sampling and Related Services for MSU
Sample Name Number of sample sites Related Services
TCR (20/month) 5-8 sites/ 1st 3 weeks of month Includes reporting and required paperwork
Lead and Copper (30/3 years) 30 sites every 3 years Includes reporting, notification, and other required paperwork
DDBP (2/quarter) 2 sites each quarter Includes reporting and required paperwork
CCR (1/year) Posting in all campus buildings Includes compiling, editing, and distribution.
Daily Sampling 1 site/day Includes reporting and required paperwork
Miscellaneous Required Sampling 1 site Includes shipping, reporting, etc. (UCMR & asbestos sampling)
TCR requirements: sampling, packaging, and shipping along with quarterly preparation of the Monthly DBP Rule & Maximum Residual Disinfection Limit (MRDL) Chlorine Residual
Measurements Reporting Form for mailing to DEQ and filing MSU copies.
Lead and Copper requirements: sampling, packaging, and shipping along with 90% calculations for both, preparing the Lead and Copper Certification forms, sample site notification forms, posting all sampling results around campus and filing of all copies for MSU.
DDBP (Disinfectants and Disinfection By-Products Rule) requirements: sampling, packaging, and shipping along with preparing the Disinfectants and Disinfection By-Products Rule Disinfection By-Products (DBP) Reporting Form for mailing to the DEQ and filing MSU copies.
CCR (Consumer Confidence Report) requirements: Annual compiling all sample results and sample results from MT0000161, editing, and preparation for printing (and edits before final printing). The distribution of the CCR around campus and preparation of Documentation for DEQ Compliance with CCR Requirements paperwork to be mailed to the DEQ and filing of MSU copies.
Daily Distribution Chlorine Residual requirements: sampling, data entry into proper forms, and monthly preparation of Daily Chlorine Residual Determinations for Surface Water Supplies to be mailed to the DEQ and filing of MSU copies.
Miscellaneous Required Sampling requirements: As required by DEQ regulation the sampling,
packaging, and shipping of UCMR and Asbestos samples along with preparing required paperwork for mailing to DEQ and filing MSU copies.
86
Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership
SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with
Montana Lines for Phase 1 of the 5th & Main Lighting Project
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to Sign a Professional Service Agreement with
Montana Lines for Phase 1 of the 5th & Main Lighting Project.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:
As part of ongoing efforts to improve pedestrian safety and streetscape
enhancements in our growing district, the Downtown Urban Renewal District (DURD)
will facilitate Phase 1 of the 5th and Main Pedestrian Lighting Project. This phase
includes the installation of five pedestrian luminaires on the east side of 5th and
Main, aligning with sidewalk reconstruction led by Arco Murray. Montana Lines, Inc.
will install the lighting upon delivery.
Phases 2-4, slated for Summer/Fall completion will be in coordination with the
Midtown Urban Renewal District (MURD), will extend pedestrian lighting and signal
upgrades along 7th to Grand Ave., as well as 5th and Mendenhall, further enhancing
safety and walkability.
Plans (Sanbell) and the MTL Quotation are attached for reference.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Funds are allocated into the approved FY25 Downtown URD "Public Utility
Improvements" Budget and work plan. Contract = $79,979, Approved as a
Sole Source project by City Finance Department due to time constraints of
demolished concrete at site and lack of contractors with experience in the
work to be completed.
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Attachments:
24006_04_BOZEMAN_URD_TASK_3_PACKAGE_1 1.pdf
MTL Quotation_Main Street Lighting Design Package 1.pdf
Report compiled on: March 3, 2025
88
PREPARED FOR:SITEBOZEMAN, MTCITY OF BOZEMANMAIN STREET LIGHTING DESIGN PACKAGE 1CITY OF BOZEMANBOZEMAN, MT20 EAST OLIVEVICINITY MAPPROJECT NO:24006_04ISSUED FOR CONSTRUCTIONFILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION24006_04-------ISSUED FOR CONSTRUCTION-----03/11/25RELIMINARY - FOR REVIEW02/12/25HGC/KRK24006_04_ELEC_PROD_PACKAGE_1.DWGJHS12345671098PROJECT NO:24006_04ISSUED FOR CONSTRUCTIONE1.1106 East Babcock, Suite L1Bozeman, Montana 59715406.522.9876sanbell.comSHEETTITLEE1.1COVERE1.2LEGENDE1.3ELECTRICAL SITE PLANE1.4ELECTRICAL WIRING DIAGRAME1.5ELECTRICAL DETAILSE1.6ELECTRICAL DETAILSE1.7ELECTRICAL DETAILSE1.8ELECTRICAL DETAILSE1.9ELECTRICAL DETAILSE1.10LUMINAIRE CUT SHEETSP:\24006_04_Bozeman_URD_Task_3_Main_St_Lighting\CADD_C3D\PRODUCTION_DWG\Updates packages\24006_04_ELEC_PROD_Package_1.dwg, E1.1, 3/11/2025 4:28:42 PM, kketterling, 1:1
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ELECTRIC JUNCTION BOXEXISTING STORM DRAIN MANHOLEEXISTING CATCH BASINSIGNPOWER POLEEXISTING WATER VALVEEXISTING FIRE HYDRANTBOLLARDBUSHEXISTING CURB STOPFIRE DEPT. CONNECTIONFIBER OPTIC PEDESTALGAS METERGAS MANHOLEGAS VALVEGUYWIREIRRIGATION VALVEIRRIGATION BOXLIGHT POLEPOWER METERPOWER MANHOLEELECTRIC PEDESTALROOF DRAINSIGNAL POLEEXISTING SANITARY SEWER MANHOLESANITARY SEWER CLEAN OUTTELEPHONE BOXTELEPHONE MANHOLETELEPHONE PEDESTALTRANSFORMERCONIFEROUS TREEDECIDUOUS TREECOMMUNICATIONS MANHOLECOMMUNICATIONS PEDESTALWELLYARD HYDRANTEW = FINISHED GRADE AT EDGE OF WALKTC = FINISHED GRADE AT TOP BACK OF CURBBC = FINISHED GRADE AT BUILDING CORNERTW = FINISHED GRADE AT TOP OF WALLAC = FINISHED GRADE AT ASPHALTEA = FINISHED GRADE AT EDGE OF ASPHALTEC = FINISHED GRADE AT EDGE OF CONCRETESDI = STORM DRAIN INLETSDMH = STORM DRAIN MANHOLEFL = FINISHED GRADE AT FLOWLINEFG = FINISHED GRADE EX = APPROXIMATE EXISTING ELEVATIONPOC = POINT ON CURVEEXISTING WATER REDUCERGAS WELLFOUND CORNER MONUMENT AS NOTEDSET CORNER MONUMENT, REBAR WITH CAPBENCHMARKSECTION QUARTER CORNERSECTION CORNERWTR = WATERPI = POINT OF INTERSECTIONPRC = POINT OF REVERSE CURVERT = RIGHTLT = LEFTSS = SANITARY SEWERPT = POINT OF TANGENCYSD = STORM DRAINGV = GATE VALVEBFV = BUTTERFLY VALVERED = REDUCERLF = LINEAL FOOTFT = FEETSSMH = SANITARY SEWER MANHOLEBVC = BEGIN VERTICAL CURVECS = CURB STOPEVC = END VERTICAL CURVEPVI = POINT OF VERTICAL INTERSECTIONLINETYPESABBREVIATIONSSYMBOLSPROPOSED CATCH BASINPROPOSED WATER REDUCERPROPOSED WATER VALVEPROPOSED FIRE HYDRANTPROPOSED CURB STOPPROPOSED SANITARY SEWER MANHOLEPROPOSED STORM DRAIN MANHOLEKEYNOTE CALL OUT(SEE KEYNOTE LEGEND)SRVC = SERVICE(TYP.) = TYPICALPC = POINT OF CURVATUREEXISTING MONUMENT BOXPROPOSED MONUMENT BOXGR = EXISTING GRADE AT GROUNDBRK = GRADE BREAKFIBER OPTICGAS PIPELINEOIL PIPELINEUNDERGROUND POWERSANITARY SEWERSTORM DRAINTELEPHONETELEVISION/CABLEWATERCONTOUROVERHEAD POWERFENCE - VINYLFENCE - BARBED WIREFENCE - WOODCURB AND GUTTEREDGE OF ASPHALTEDGE OF GRAVELFENCE - CHAINLINK/WOVEN WIREEXISTINGPROPOSEDHP = HIGH POINTDEMO AREAPROPOSED ASPHALTPROPOSED CONCRETEPROPOSED GRAVELISSUED FOR CONSTRUCTIONEXISTING WATER MANHOLEWATER METERLIQUID PROPANE PIPELINEFILE:
PROJECT NO:
CAD:
QUALITY ASSURANCE:
DRAWING HISTORY
DATE DESCRIPTION
MAIN STREET LIGHTING DESIGN PACKAGE 1
LEGEND
CITY OF BOZEMAN
URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3
BOZEMAN, MTE1.2JHS
24006_04_ELEC_PROD_PACKAGE_1.DWG
HGC/KRK
02/12/25 RELIMINARY - FOR REVIEW
03/11/25
-
-
-
-
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ISSUED FOR CONSTRUCTION
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24006_04NOTE:-EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BESTINFORMATION AVAILABLE TO THE ENGINEER. THE ENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCHINFORMATION. SERVICE LINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BESTRAIGHT LINES OR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITYCOMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS.-ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARDSPECIFICATIONS 7TH EDITION, APRIL, 2021, AND THE CITY OF BOZEMAN STANDARD MODIFICATIONS, DATEDOCTOBER, 2024.-UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THERESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED IN THE STATE WHERE THE PROJECT IS LOCATED AND BY APARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTION LAYOUT AND STAKING TECHNIQUESAS ARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEING PERFORMED.P:\24006_04_Bozeman_URD_Task_3_Main_St_Lighting\CADD_C3D\PRODUCTION_DWG\Updates packages\24006_04_ELEC_PROD_Package_1.dwg, E1.2, 3/11/2025 4:28:43 PM, kketterling, 1:1
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L3L4L5L1L2ISSUED FOR CONSTRUCTION020SCALE: 1" = 20'401020FILE:
PROJECT NO:
CAD:
QUALITY ASSURANCE:
DRAWING HISTORY
DATE DESCRIPTION
MAIN STREET LIGHTING DESIGN PACKAGE 1
ELECTRICAL SITE PLAN
CITY OF BOZEMAN
URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3
BOZEMAN, MTE1.3JHS
24006_04_ELEC_PROD_PACKAGE_1.DWG
HGC/KRK
02/12/25 RELIMINARY - FOR REVIEW
03/11/25
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ISSUED FOR CONSTRUCTION
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24006_04CONDUIT & WIRE SCHEDULEABCP:\24006_04_Bozeman_URD_Task_3_Main_St_Lighting\CADD_C3D\PRODUCTION_DWG\Updates packages\24006_04_ELEC_PROD_Package_1.dwg, E1.3, 3/11/2025 4:28:46 PM, kketterling, 1:1
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ISSUED FOR CONSTRUCTIONAWG NO.2SERVICE120/240 VOLTGROUND RODBARE AWG NO.6SERVICE RATED200 AMP METERMAINCIRCUIT BREAKER20 AMP,2 POLE,SINGLE THROWMAIN DISCONNECT200 AMPAWG NO.14AWG NO.6TO LUMINAIRESAWG NO.10(120 V)(120 V)N.E.M.A.TYPE 3RCABINETAUTO-OFF-MANUALSWITCHPHOTO-ELECTRICCONTROLTO GROUND LUGOF EACH POLEAWG NO.820 AMP CONTACTOR2 POLE,SINGLE THROWLIGHTNINGARRESTORFILE:
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DRAWING HISTORY
DATE DESCRIPTION
MAIN STREET LIGHTING DESIGN PACKAGE 1
ELECTRICAL WIRING DIAGRAM
CITY OF BOZEMAN
URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3
BOZEMAN, MTE1.4JHS
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DRAWING HISTORY
DATE DESCRIPTION
MAIN STREET LIGHTING DESIGN PACKAGE 1
ELECTRICAL DETAILS
CITY OF BOZEMAN
URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3
BOZEMAN, MTE1.5JHS
24006_04_ELEC_PROD_PACKAGE_1.DWG
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DRAWING HISTORY
DATE DESCRIPTION
MAIN STREET LIGHTING DESIGN PACKAGE 1
ELECTRICAL DETAILS
CITY OF BOZEMAN
URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3
BOZEMAN, MTE1.6JHS
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HGC/KRK
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QUALITY ASSURANCE:
DRAWING HISTORY
DATE DESCRIPTION
MAIN STREET LIGHTING DESIGN PACKAGE 1
ELECTRICAL DETAILS
CITY OF BOZEMAN
URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3
BOZEMAN, MTE1.7JHS
24006_04_ELEC_PROD_PACKAGE_1.DWG
HGC/KRK
02/12/25 RELIMINARY - FOR REVIEW
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DRAWING HISTORY
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MAIN STREET LIGHTING DESIGN PACKAGE 1
ELECTRICAL DETAILS
CITY OF BOZEMAN
URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3
BOZEMAN, MTE1.8JHS
24006_04_ELEC_PROD_PACKAGE_1.DWG
HGC/KRK
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MAIN STREET LIGHTING DESIGN PACKAGE 1
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CITY OF BOZEMAN
URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3
BOZEMAN, MTE1.9JHS
24006_04_ELEC_PROD_PACKAGE_1.DWG
HGC/KRK
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LUMINAIRE CUT SHEETS
CITY OF BOZEMAN
URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3
BOZEMAN, MTE1.10JHS
24006_04_ELEC_PROD_PACKAGE_1.DWG
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Page 1 of 1 PROJECT: Main Street Lighting Design Package 1 DATE: 3/12/2025 ITEM # BID ITEM UNITS BID QTY UNIT PRICE TOTAL PRICE 010 Street Lighting LS 1 $79,979.00 $79,979.00 Total $79,979.00 NOTES: Please note the following in the Contract: 1) Payment to be made Net 30 days of invoice. 75% to be billed upon completion of underground. 2) This is a lump sum quotation for the installation of 5ea owner-furnished street lights and associated foundations, pull boxes, conduit, wire, and electrical service. Pricing is per plan set dated 3-11-25.
3) This quote is valid for 15 days; pricing thereafter may be subject to change. Changes to the material list or scope of work may result in revised quotation. MTL’s availability for underground work is April 2nd through April 11th , 2025. Pricing is subject to change if the availability of underground work is otherwise. 4) Estimated duration for this work is 6 days for UG an d 1 day for OH.
5) Please call Pat Bomgardner (mobile: 406.590.1410) with any questions. 6) It is the responsibility of the Owner to set up an account with the power company for all now and future billing. INCLUSIONS: Please include the following in the Scope of our Contract: 7) Certificate of Insurance is included. 8) Electrical service permit is included. All other permits are excluded. 9) Licensed Electrician included for all licensure work. EXCLUSIONS: Please exclude the following from the Scope of our Contract: 10) Furnish of foundation anchor bolts is by others and must be available upon MTL arrival. 11) Removal of hardscape is excluded and required by others prior to MTL arrival. 12) Surveying and staking of pull boxes, foundations, and service assembly is excluded and required by others. 13) All hardscape is by others. Pull boxes will be installed roughly to grade; final adjustment to hardscape elevation is by others. 14) General conditions such as restrooms, staging areas, etc., are excluded and required by others. 15) SWPPP, NOI, MS4, & any other Erosion Control BMP's, Permits, or Certifications are excluded. 16) Temporary Traffic Control and flagging is excluded and is required by others. 17) Dewatering, Landscaping, Seeding/Sodding, Tree Work, and Sprinkler/Irrigation Work is excluded. 18) Removal/installation of pavement, sidewalk, curb & gutter, signing, and pavement markings is excluded. 19) Mitigation of contaminated soil, if any, is excluded. Respectfully, Pat Bomgardner Estimator | Project Manager Montana Lines Inc. Office: (406) 727-1316 Cell: (406) 590-1410 Equal Opportunity EmployerMontana Lines, Inc.OFFICE: 406.727.1316 FAX: 406.727.0354 www.mtlines.com2800 Upper River Road Great Falls, MT 59405 99
Memorandum
REPORT TO:City Commission
FROM:Kevin Handelin, Superintendent of Solid Waste
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with
Happy Trash Can, LLC for the Solid Waste Organics Management Program
Processing
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Service Agreement with
Happy Trash Can, LLC for the Solid Waste Organics Management Program
Processing.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:At the direction of City Commission, Bozeman Solid Waste will be launching a
citywide, year-round Organics Collection service to compliment our current
garbage and recycling service offerings. This expanded organics service will
operate weekly and collect yard waste, food scraps, dirty paper products.
The service will replace our seasonal yard waste collections for a fee of $10
per month.
In order to procure contractor support for the processing of collected
organics material into compost, the city issued an RFQ for processing
services and selected Happy Trash Can, LLC. The city will retain 20% of the
finished compost product for use on city facilities. This professional services
agreement will serve as the contract mechanism for the processing
component of our expanded Organics Collection service.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the commission.
FISCAL EFFECTS:The City shall pay Contractor the following fees for services:
• Processed/composted organic waste: $25.00 per cubic yard
• Final screened and finished compost: $15.00 per cubic yard
Rates shall be reviewed by the parties prior to agreement for mutual
extension after the Agreement expires on December 31, 2027. Contractor
100
may request negotiation of new rates on an annual basis through
demonstration of hardship. In the event that the parties cannot agree on
new rates, Contractor may terminate this agreement upon 30 days written
notice.
Attachments:
Agreement - City of Bozeman and Happy Trash Can
Exhibit A
Report compiled on: March 7, 2025
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Professional Services Agreement for Yard Waste/Organics Processing Services Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2025
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, HAPPY TRASH CAN, LLC, a Montana limited
liability company, with a mailing address of 1009 S Black Ave, 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 commencement of the
City’s organics collections for the Sustainable Organics Management Program and will expire on the
31st day of December, 2027, unless earlier terminated in accordance with this Agreement. The
agreement may be mutually extended on an annual basis for up to two additional years.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services, “Exhibit A”. 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, “Exhibit A”. 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 and Contractor must agree in writing upon any additional services and charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
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Professional Services Agreement for Yard Waste/Organics Processing Services Page 2 of 11
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.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
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Professional Services Agreement for Yard Waste/Organics Processing Services Page 3 of 11
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
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)
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Professional Services Agreement for Yard Waste/Organics Processing Services Page 4 of 11
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
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.
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Professional Services Agreement for Yard Waste/Organics Processing Services Page 5 of 11
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 arising from
Contractor’s reckless, negligent or intentional misconduct, and shall be in a form 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;
• 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
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, upon 30 days 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.
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Professional Services Agreement for Yard Waste/Organics Processing Services Page 6 of 11
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 with 90 days 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 end of the 90
day notice period.
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.
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Professional Services Agreement for Yard Waste/Organics Processing Services Page 7 of 11
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 ninety (90) 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 Kevin Handelin 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 Ryan Green or Adrienne Huckabone 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:
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
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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
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
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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.
**** 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 HAPPY TRASH CAN, LLC
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: Ryan Green
Print Title: Owner/Operator
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A
City of Bozeman / Happy Trash Can, LLC
Solid Waste Organics Management Program
Processing
Scope and Terms of Services
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Contractor’s Obligations
Contractor shall continue processing yard waste collected by the City and delivered to the Convenience Site under the current Compost Program. Yard waste shall include lawn clippings, leaves, tree trimmings (1/4 inch diameter and smaller), weeds, sawdust, livestock
bedding/manure.
Upon the start of the Solid Waste Organics Management Program, Contractor shall begin
processing vegetative food waste collected by the City, in addition to the yard waste. The City
may add any other permissible steams of organic waste for processing upon Contractor’s written approval.
Contractor’s services shall be performed at the Convenience Site.
1. Contractor shall receive and accept yard/organic waste (“Organic Waste”) collected curbside by the City with its collection vehicles. These vehicles will tip directly to the existing Composting Facility located at the Convenience Site. Contractor shall receive and accept yard
waste material from public drop-off at the Convenience Site. Contractor shall also receive material from other City sources including the Street Dept leaf cleanup, City Forestry, City Parks Dept and City Cemetery.
2. The quantities of Organic Waste delivered by the City will vary on a daily, weekly, monthly and annual basis. No guarantee can or will be offered by the City in this regard and the
contractor shall make due allowance to deal with seasonal variations and surges in delivery by having adequate arrangements for the acceptance of organic waste at peak periods.
3. It is recognized that some contamination of Organic Waste will occur. A load shall
not be rejected in its entirety by the contractor where contaminated material can be easily removed
or where the level of contamination can be brought to an acceptable level by minimal and safe hand sorting or picking. Contractor shall make reasonable efforts to isolate the contaminated material and load it into a roll-off container provided by the City.
4. Contractor shall ensure that the composting/stabilization process used conforms to the definition of Composting and contributes to the reduction of the amount of bio-degradable municipal waste landfilled by the City.
5. The Contractor shall take reasonable steps to ensure that no product of the uncontaminated Organic Waste is sent to the landfill for disposal.
6. Contractor shall final screen compost to using a ½ screen size at the City’s request.
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CITY’S OBLIGATIONS:
1. The City shall provide Contractor, without charge, a suitable area and facilities at the Convenience Site for Contractor’s operations, as reasonably required by Contractor. Contractor shall be allowed access to the Convenience Site to perform Contractor’s services Monday through
Friday, 7 am to 5 pm. Contractor may use the Convenience Site for the processing of waste for
Contractor’s private customers, but such customers are not permitted to use the Convenience Site for drop-off of material to Contractor. All guests and subcontractors of Contractor shall check in at the scale house.
2. The City will make reasonable efforts to minimize contamination of the Organic
Waste by:
a. Providing education and information to City residents and users of the Solid Waste Organics Management Program regarding the types of Organic Waste that are
acceptable and not acceptable for collection and drop-off; and b. Training City staff in the Solid Waste Division to recognize and prevent contamination of Organic Waste.
c. Soliciting Contractor’s input, and coordinating with Contractor, on the
implementation of the Solid Waste Organics Management Program and the education and training efforts described in subparagraphs a and b.
3. The City shall provide Contractor, without charge, with a roll-off container for the disposal of contaminated waste, and shall be responsible for disposing of such material at the
landfill as necessary. 4. The City will retain ownership of 20% of the unscreened final finished product.
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CONTRACTOR’S FEES
The City shall pay Contractor the following fees for services:
• Processed/composted organic waste: $25.00 per cubic yard
• Final screened and finished compost: $15.00 per cubic yard
Rates shall be reviewed by the parties prior to agreement for mutual extension after the Agreement expires on December 31, 2027. Contractor may request negotiation of new rates on an annual basis through demonstration of hardship. In the event that the parties cannot agree on new rates,
Contractor may terminate this agreement upon 30 days written notice.
Contractor shall submit monthly invoices to the City for the unscreened finished cubic yards of
Organic waste processed during the month along with supporting volume. City will ensure to make
payment within 30 days from the receipt of the invoice. Amounts not paid when due shall bear interest at the annual rate of 12%.
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Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Morrison-Maierle for Midtown SILD Modification
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreement with
Morrison-Maierle for Midtown SILD Modification.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The Professional Services Agreement with Morrison-Maierle (MM) is to
complete two tasks. MM will prepare exhibits to modify SILD 460 (the N. 7th
Ave corridor) detailing the extent of the district with lighting fixtures clearly
identified, both existing and those proposed to be added to the district.
These exhibits will be used to provide appropriate documentation for
modifying the SILD to adequately account for maintenance of lighting on the
corridor. MM will also prepare exhibits to establish a new SILD to cover
operation and maintenance of street lighting on the Aspen Festival Street.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:At the suggestion of the City Commission
FISCAL EFFECTS:The fee for this project is $7,775 payable from funds available for
professional services in the adopted Midtown Urban Renewal District
budget.
Attachments:
PSA for Midtown SILD modification 20250325.docx
Scope and Fee-Midtown SILD Modification.pdf
Report compiled on: March 13, 2025
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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 Morrison Maierle with a mailing address of 2880
Technology Blvd W, Bozeman, MT 59718 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: N. 7th Midtown Lighting District Modification.
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 a lump sum amount of $7,775.
5.Reimbursable Expenses: As defined in section 8of 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
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$0, which includes $0 for Sub-consultants hired by the Consultant and $0 for all other
reimbursable expenses. The estimated reimbursable expenses are provided herewith as
“Attachment 2”. The administrative markup factor being applied by the Consultant for any of its
Sub-consultants shall be indicated on Attachment 2 and be no higher than 1.05.
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.
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 Contractorfor 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 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.
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 beterminated 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.
13.Termination for City’s Convenience:
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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:
a.City’s Representative: The City’s Representative for the purpose of this Agreement
shall be David Fine, Economic Development Manager, or such other individual as City shall
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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, 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 Cooper Krause, Senior Engineer, 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
Consultantof 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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In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA CONSULTANT
BY: BY:
Chuck Winn, Interim City Manager (insert title of signatory)
DATE: DATE:
ATTEST:
BY:
Mike Maas, City Clerk
APPROVED AS TO FORM:
BY:
Greg Sullivan, City Attorney
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N.7th Midtown SILD Modification Page 1 of 2
Building Better Communities | m-m.net
January 16, 2025
City of Bozeman, Economic Development
Attn: David Fine
121 N. Rouse Avenue
PO Box 1230
Bozeman, MT 59771-1230
Dear David,
We are pleased to provide the following scope and fee for efforts required to modify Special
Improvement Lighting District (SILD) No. 460 (N. 7th Avenue) to account for lighting
improvements along N. 7th from Mendenhall to Durston completed in 2021. Additionally, we will
prepare all required documents to create a new SILD for the recently installed lighting on Aspen
Street.
SCOPE
SILD No. 460 Modification:
• Research current SILD documents in order to identify exact extent of modification.
• Prepare exhibit(s) detailing the extent of the district with lighting fixtures clearly
identified, both existing and those proposed to be added to the district.
• Write legal description for the district boundary.
• Prepare a list of property owners and addresses for all properties fronting the district
boundary.
• Prepare electrical usage and cost estimate calculations.
• Compile specifications and drawings for all new lights to be added.
Create new Aspen Street SILD:
• Prepare exhibit detailing the extent of the district with lighting fixtures clearly identified.
• Write legal description for the district boundary.
• Prepare a list of property owners and addresses for all properties fronting the district
boundary.
• Prepare electrical usage and cost estimate calculations for all fixtures in the district. This
includes luminaires and string lights.
• Compile specifications and drawings for all new lights to be added.
Both packages will be compiled and submitted electronically, each separately, to the office of
the City Treasurer.
RE: N.7th Midtown SILD Modification
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Page 2 of 2
Building Better Communities | m-m.net
FEE
Lump Sum Quote: $7,775
Thank you for the opportunity to assist the City with another piece of the N.7th corridor. Please
reach out to me anytime if you have questions about the stated scope and fee. I look forward to
hearing back from you and discussing the next steps.
Sincerely,
Cooper Krause, PE
Email: ckrause@m-m.net
Phone: (406) 922-6738
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Memorandum
REPORT TO:City Commission
FROM:Max Ziegler, Facilities Assistant Superintendent
David Arnado, Facilities Superintendent
Jon Henderson, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign an Amendment 1 to a Professional
Services Agreement with SCS Unlimited Inc. for Swim Center Interior Mural
Installation
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to a Professional Services
Agreement with SCS Unlimited Inc. for Swim Center Interior Mural
Installation
STRATEGIC PLAN:5.2 Support for Public Art: Encourage and support partnerships for public art
and other arts and cultural initiatives in the city.
BACKGROUND:The currently ongoing Bozeman Swim Center Renovation project includes a
Percent for Art requirement. Working with the architect on the project, two
different art installation locations have been identified and integrated into
the project's design. One will be a series of eight panels with printed artwork
on the western exterior wall of the building, and the other will be printed
artwork vinyl laminated on the interior north wall of the natatorium. This
agreement with SCS Wraps is to provide materials, printing and installation
of the interior north wall artwork. The installation will be printed vinyl
laminated to the CMU wall. This agreement does not include creation of the
artwork itself, which will be procured through an RFQ/RFP process led by
NINE dot ARTS. SCS Wraps was one of two companies to provide quotes for
this work, and was selected as the lowest cost respondent. The art
installation is expected to occur in April, 2025. Amendment 1 of this
agreement is to increase the overall size of the installed graphics as well as
incorporate die cut edges to make use of negative space as part of the
artwork as requested by the art selection committee. Acceptance of this
amendment will result in a more immersive and engaging art installation
which will be prominently featured in the Swim Center.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by City Commission.
132
FISCAL EFFECTS:This contract will incur a fixed cost of $10,074. This is an increase of $3,524
to be paid from the Swim Center Renovation Project fund.
Attachments:
PSA - Amendment 1 - SCS Wraps - Swim Center Interior Art
Installation.pdf
Report compiled on: March 13, 2025
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FIRST Amendment to Professional Services Agreement for Swim Center Interior Art Installation
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Page 1 of 3
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
SWIM CENTER INTERIOR ART INSTALLATION dated May 7, 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
SCS Unlimited, 90 Graves Trail, Bozeman, MT 59718, 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. Modification of Scope: Section 3 of the Agreement is amended to expand the size of the
installation and incorporate die cut edges as described in Exhibit A
2. Modification of Payment: Section 4 of the Agreement is amended to reflect the increase
in project scope, as described in exhibit A.
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.
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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.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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FIRST Amendment to Professional Services Agreement for Swim Center Interior Art Installation
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Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA SCS UNLIMITED, INC.
By________________________________ By_____________________________
Chuck Winn, Acting City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
136
EXHIBIT A
137
SCS Unlimited Inc.
90 Graves Trail Bozeman, MT 59718
info@scswraps.com
(406) 585-2635
Tax ID: 20-5171011
scswraps.com
Sales Order # 166730
Bozeman Swim Center Wall Graphics - Full
Wall Size
SALES REP INFO
Edward Johnson
Project Manager
edward@scswraps.com
QT#
154215
SALES ORDER
DATE
Wed, 03/12/
2025
TERMS
Due on receipt
DUE DATE
Fri, 03/14/
2025
ORDERED BY
City of Bozeman
CONTACT INFO
Max Ziegler
wziegler@bozeman.net
(406) 582-2439
About this Sales Order:
#ITEM QTY UOM U.PRICE TOTAL (EXCL. TAX)TAXABLE
1 Wall Graphics & Wraps 553 Sqft $12.00 $6,636.00 Y
Custom Wall Wrap
Width: 766 Inches
Height: 104 Inches
2 Installation - (area)553 Sqft $7.00 $3,871.00 Y
INSTALLATION
3 Design/ print set up 1 Hr $120.00 $120.00 Y
Project Setup: Graphic design time allocated for this project is subject to change based on design
consultation with the client. Upon completion, the time will be adjusted and finalized depending on
the complexity of the design direction. If additional design time is required beyond the allocated
amount, it will be billed at a rate of $105.00 per hour.
All illustrations, artwork, graphics, logos, animations, designs, and text created by SCS Wraps for
this agreement are the exclusive copyrighted works of SCS Unlimited Inc. Joint ownership may be
granted for an additional fee.
It's important to note that all illustrations, artwork, graphics, logos, animations, designs, and text
provided by the client will remain the property of the client.
4 Customer Discount - SQFT material discount 1 Each $-553.00 $-553.00 Y
Volume discounts and customer loyalty
All prices are fixed for 30 days from the quotation date. Should there be any changes in the cost, we will advise the customer of
any price changes before the start of any work.
A 50% deposit is required with the Sales Order confirmation. Deposits are due before the commencement of production. Final
payment is due when the project is completed, picked up, and invoiced. Unless credit terms have been extended to include NET
30. If payments for past orders are not received within 60 days, we reserve the right to cancel future orders.We cannot accept responsibility for damages or loss of any kind resulting from the sale, installation, or delivery of our products.SCS Wraps does not accept returns. All products are manufactured to the customer’s specifications and cannot be returned for arefund. All sales are final and no return will be accepted.
By paying the sales order, you accept and agree to the terms stated here.For final invoice and payment, invoices not paid when
due are subject to a late charge of 1.5% per month, 18% per annum of the highest permitted by law.The client also agrees and
understands to pay any and all collection fees that will be added to the amount owed.
Subtotal:
Sales Tax (0%):
Total:
$10,074.00
$0.00
$10,074.00
SIGNATURE:DATE:
PRINTED ON WED, 03/12/2025 04:00 PM BY EJ CREATED BY EJ 1/1138
Memorandum
REPORT TO:City Commission
FROM:Katie Canter, Parks and Recreation Contracts and Sports Parks Coordinator
Mitch Overton, Parks and Recreation Department Director
SUBJECT:Authorize the City Manager to Sign a Fourth Amendment to the Professional
Services Agreement with Advantage Spraying Services, Inc. for Landscape
Maintenance Services in the Parks and Trails District
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Fourth Amendment to the Professional
Services Agreement with Advantage Spraying Services, Inc. for Landscape
Maintenance Services in the Parks and Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180
creating the Bozeman Parks and Trails Special District (District). To
accomplish the District objectives the City has developed a multi-year
District implementation plan designed to achieve steady calculated increases
in level of service standards and sustainable maintenance practices in all City
Parks. Beginning July 1, 2020 City’s Parks and Recreation Department
assumed full responsibility for all of the District’s designated park properties
including the addition of 235 acres of park land located within subdivision
parks previously maintained by home owners/community associations. In
February 2021, the Parks and Recreation Department conducted a request
for proposals process to acquire professional services required to maintain
parks grounds and landscape areas in the District. After careful evaluation
and review, Advantage Spraying Services, Inc. was determined to be the
most qualified vendor for Parks and Trails District Landscape Maintenance
Services Zone 1 Parks. On April 6, 2021, the City entered into the Agreement
with Advantage Spraying Services, Inc. The Agreement is effective for one
year after the date of execution with the option to extend the agreement an
additional year upon mutual agreement. Advantage
Spraying Services, Inc. has demonstrated the ability to provide
comprehensive landscape maintenance services for the City’s Parks and
Trials District and will continue complete services as defined and described
in Attachment B: PSA Advantage Spraying Services, Inc. The Attachment A
PSA Amendment 4 Advantage Spraying Services, Inc. will extend the
Agreement for an additional one (1) year period and shall terminate on April
139
6, 2026. In no case, however, may this agreement run longer than five (5)
years from the original effective date.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by City Commission.
FISCAL EFFECTS:Funding is currently allocated for this maintenance within the FY25 and FY26
budget in the Parks and Trails District Maintenance Fund account.
Attachments:
Attachment A PSA Amendment 4 Advantage Spraying
Services, Inc..pdf
Attachment B PSA Advantage Spraying Services, Inc..pdf
Report compiled on: March 6, 2025
140
FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Landscape Maintenance Services Zone 1 dated April 6, 2021 (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 Advantage Spraying Services, Inc., 144 Wildcat Way, Bozeman, MT
59718 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 31. Extensions: Professional Service Agreement between
City and Contractor dated April 6, 2021 is extended for an additional one (1) year period.
The Agreement shall terminate on April 6, 2026.
2.Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Fourth Amendment to Professional Services Agreement for Landscape Maintenance Services Zone 1 FY 2025 – FY 2026 Page 1 of 2
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first
above written.
CITY OF BOZEMAN, MONTANA ADVANTAGE SPRAYING SERVICES, INC.
By________________________________ By_____________________________
Chuck Winn, Interim City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of April, 2021, 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, Advantage Spraying Services Inc., 144 Wildcat Way, 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 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 specified in the Appendix C Maintenance
Schedule Zone 1 (LANDSCAPE) attached hereto as Exhibit B. 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.
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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
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
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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 both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
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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.
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
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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 Luke Kline, Contracts 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.
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b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Patrick Doran 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. 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
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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.
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
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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:
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
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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
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 three years.
**** 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 ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: B54F657F-807D-446A-BFD3-8C31410E996E
Patrick Doran
Advantage Spraying Services, Inc
Vice-President
153
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
February 2021
REQUEST FOR PROPOSALS (RFP)
PARKS & TRAILS DISTRICT
LANDSCAPE MAINTENANCE SERVICES ZONE: 1
City of Bozeman
Bozeman, MT
Exhibit A
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scheduled services to ensure that City landscapes are effectively and efficiently maintained for
the benefit of the city and its residents. The selected contractor will begin work in April of 2021
and continue services through the completion of the summer season at the end of October
2021. The routine services will be conducted for approximately a 30 week period in total or
approximately 7 months per year.
III.SCOPE OF SERVICES
If selected a contractor will provide the City with professional expertise to successfully
implement the proposed scope of services. The City has provided a summary of the basic
maintenance components and site locations to assist in understanding the tasks and
maintenance services desired. Specifications are general in nature and not intended to
encompass all the projects complexity. Contractor shall become familiar with the specified
locations and the needs of each facility to best determine their ability to complete the
described maintenance specifications.
Additional tasks and work elements may be inserted into the scope of services during contract
negotiations with the selected firm. It is also possible that tasks or elements could be removed
during negotiations or not included in an initial contract because of regulatory uncertainty,
budget limitations, contracting strategy or any combination thereof.
Proposals must clearly identify any elements of the proposed scope of services that would not
be provided by the prime contractor. Any sub-contractors which comprise the respondent team
must be identified along with a description of past working history between the firms.
The scope of services includes:
1.Contractor shall be responsible for completion of site specific landscape maintenance
and grounds keeping services identified and described in Appendix D: Park location
Maps Zone 1.
2.Contractor proposals shall include cost associated with delivery of tasks described in
Appendix C: Maintenance Schedule Zone 1 and Additional Services listed to be
considered for proposal award.
3.Contractor shall provide a fixed cost per item for all services at the frequency
designated/described in Appendix C: Maintenance Schedule Zone 1.
Services requested for Maintenance Schedule Zone 1 include:
a.Mowing
b.Weedeating / Trimming
c.Fertilizer Application
d.Spraying Application / Weed Control
e.Dog Station Maintenance
f.Garbage / Trash Removal
Exhibit A
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4.Contractor shall provide a fixed hourly rate for services described in Appendix C:
Maintenance Schedule.
Additional Services requested include:
g.Mowing
h.Weedeating / Trimming
i.Dog station maintenance
j.Landscaping
k.Clearing, brushing, pruning of vegetation
l.Maintenance of native grass/naturalized areas
m.Trail maintenance
n.Removal of seasonal debris, leaves, litter
o.Overseeding turf areas
p.Garbage trash/removal
q.Aerating & Thatching
5.The final scope of services may change and will be contained in a professional services
agreement to be executed by the City and the selected Contractor. Contractor proposals
shall include additional explanation if items costs are excluded from the scope of
services provided. Irrigation services/maintenance are not included in this RFP and will
be contracted separately.
Exhibit A
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PARK NAME SITE DISCRIPTION LOCATION:
MAP/LOCATION
(GREEN AREA
ONLY)
FERGUSON
MEADOWS PARK
TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR
Sanders Ave & Cascade
St. 1-A 1x/week
(price per mow) $ 1x/week
(price per trimming) $ On Turf Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $1x/week/as needed $
VALLEY COMMONS
PARK
TURF: YES/UNK IRRIGATION: YES/MEDIUM/FAIR
Fallon St. & Ginella Way
(vacant land) 1-B 1x/week
(price per mow)$1x/week
(price per trimming) $ OnTurf Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
LOYAL GARDENS SUB PARK
TURF: YES/FAIR IRRIGATION:
YES/MEDIUM/FAIR
S. Cottonwood Rd. to
Golden Gate Ave. & South of Loyal Dr. 1-C 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Area 1x/year/as needed (price
per application)
$ Broad leaf weed control 1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
VALLEY WEST PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Durston Rd. to Babcock St. & Kimball Ave. to N. Cottonwood Rd.1-D 1x/week
(price per mow)$1x/week
(price per trimming) $ On Turf Area 2x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
NORTON EAST
RANCH SUB PARK
TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR
Babcock St. to Fallon & S. Eldorado to Waterlily Dr.1-E 1x/week
(price per mow)$x/week
(price per trimming) $ On Turf Area 2x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
BAXTER MEADOWS (Master), PH. 1-3
TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Kimberwicke St. to Baxter &Vaquero Pkwy. to Harper
Puckett Rd.1-F 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Area 2x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $1x/week/as needed $
FLANDERS CREEK SUBDIVISION PARK 1-3
TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Annie St. to Durston Rd. & Flanders Creek Ave. to Twin Lakes Ave. 1-G 1x/week
(price per mow)$1x/week
(price per trimming) $ On Lawn Area 2x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
BAXTER MEDOWS,
PH. 1 Park 1-2
TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Equestrian Ln. to Baxter Ln. & Vaquero Pkwy. to Ferguson Ave. 1-H 1x/week
(price per mow)$1x/week
(price per trimming) $ On Lawn Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/ biweekly/as needed $ 1x/biweekly/as needed $
TRADITIONS SUB
PHASE 1 PARK 1-4 &
8
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Sherwood Way to
Glenwood Dr. & Flanders
Creek Ave to Abigail Ln.1-I 1x/week (price per mow)$1x/week (price per trimming) $
On Lawn Area
1x/year/as needed
(price per application)
$
Broad leaf weed control
1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
DIAMOND ESTATES PUBLIC PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Oak St. & Agate Ave.
Road buffer at Oak &
detention pond Area. 1-J 1x/week (price per mow)$1x/week (price per trimming) $
On Lawn Area
1x/year/ as needed
(price per application)
$
Broad leaf weed control
1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
OAK SPRINGS PARK TURF: YES/FAIR
IRRIGATION: YES
N. Ferguson Ave. to Yellowstone Ave. & Renova Ln. to Annie St. 1-K 1x/week
(price per mow)$1x/week
(price per trimming) $ On Lawn Area 1x/year/ as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
DIAMOND PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Ferguson Ave. to Flanders
Mill Rd. & Oak St. to
Tanzanite Dr. 1-L 1x/week (price per mow)$1x/week (price per trimming) $
On Lawn Area
1x/year/as needed
(price per application)
$
Broad leaf weed control
1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
FOUR POINTS MINOR SUB 475 PARK
TURF: YES/GOOD IRRIGATION: YES/MEDIUM/FAIR
Cattail St. to Kimberwicke St. & Milkhouse Ave. to Ferguson Ave 1-M 1x/week
(price per mow)$1x/week
(price per trimming) $ On Lawn Area 1x/year/as neeeded (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
WESTBROOK SUB PUBLIC PARK 1-2
TURF: YES/FAIR
IRRIGATION:
YES/MEDIU/FAIR
Annie St. to Durston Rd. & Rosa Way to Loxley Dr. 1-N 1x/week (price per mow)$1x/week (price per trimming) $
On Lawn Area
1x/year/ as needed
(price per application)
$
Broad leaf weed control
1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
THE LAKES AT VALLEY WEST PARK
TURF: UNK IRRIGATION: YES/MEDIUM/FAIR
Westmorland Dr. to Vahl Way to N. Laurel Pkwy. Adjcent to Bronken Sports Park.
1-O 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Area 1x/year/ as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
SUNDANCE PUBLIC
PARK
TURF: UNK
IRRIGATION: UNK
Caballo Ave. to Davis Ln. & Galloway St. to Baxter Ln.
1-P 1x/week
(price per mow)$1x/week
(price per trimming) $ On Turf Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
BOULDER CREEK PARK 1-2
TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR
Glenellen Dr. to Annie St.
& Laurel Pkwy. To Abigail Ln.1-Q 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
ANNIE ST & COTTAGE PARK LN
TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR
Small L shaped property corner of Annie St. &
Cottage Park Ln.
1-R 1x/week (price per mow)$1x/week (price per trimming)$On Turf Area 1x/year/as needed (price per application)$Spraying as needed broad leaf weed control (price per application) $ 1x/month/as needed $ 1x/month/as needed $
COTTAGE PARK LN TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Small property Cottage
Park Ln. and Hanson St. 1-S 1x/week
(price per mow)$1x/week
(price per trimming) $ On Turf Area 1x/year/as needed (price per application) $ Spraying as needed broad leaf weed control (price per application) $ 1x/month/as needed $1x/month/as needed $
Aerating & Thatching $
Per Hour Rates
Maintenance of native grass/naturalized areas
Trail maintenance
Weedeating / Trimming
Landscaping
Clearing, brushing, pruning of vegetation
Appendix C: Maintenance Schedule Zone 1 (LANDSCAPE)
MOWING FREQUENCY:
(TURF AREAS)TRIMMING FREQUENCY:FERTILIZER APPLICATION FREQUENCY:SPRAYING PER APPLICATION WEEDS REMOVAL FREQUENCY:DOG STATION MAINTENANCE GARBAGE TRASH REMOVAL
Additional Services Zone 1: Fixed Per Hour Rates
ADDITIONAL COMMENTS
Parks
Service/Discription
Removal of seasonal debris, leaves, litter
Overseeding turf areas
Garbage removal
$
$
$
$
$
$
$
$
$
$
Mowing
Dog station maintenance
Exhibit ADocuSign Envelope ID: B54F657F-807D-446A-BFD3-8C31410E996E
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CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP
Appendix C: Maintenance Schedule Zone 1
MAP/ LOCATION : OVERVIEW LK 1/21
PARKS MAINTENANCE ZONE 1-3 MAP
Exhibit A
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Title Page:
R.F.P.: Parks & Trail District Landscape Maintenance Services. -Zone 1
ADVAI\ITAliE LandCare
Firm Name: Advantage Spraying Services, Inc -Dba: Advantage Landcare
Address: 114 Wildcat Way Bozeman, MT 59718
Contact: Patrick Doran & Steve Lee
Phone: (406) 924-1882
Email: advantagelandcare@gmail.com
Exhibit BDocuSign Envelope ID: B54F657F-807D-446A-BFD3-8C31410E996E
159
PARK NAME SIT!. DtsCRIPTION
FERGUSON TURF: YESIFAlR lRRIGATION: MEADOWS PARK YES/SMALL/FAIR VAU.EY COMMONS TURF: YES/UNK IRRIGATION: PARK YES/MEOIUM/FAIR LOYAL GARDENS TURF: YES/FAIR IRRIGATION: SUB PARK YES/MEDIUM/FAIR TURF:YES/FAIR VALLEY WEST PARK IRRIGATION: YES/MEDIUM/FAIR NORTON EAST TURF: YES/FAIR IRRIGATION: RANCH SUB PARK YES/SMALL/FAIR
BAXTER MEAOOWS TURF: YES/FAIR IRRIGATION: (MO!llat),PH,1-3 YES/MEDIUM/FAIR FLANDERS CREEK TURF: YES/FAIR SUBDIVISION PARK IRRIGATION: 1'3 YESIMEOIUM/FAIR
BAXTER MEDOWS, TURF:YES/FAIR IRRIGATION: PH.1 Pork1·2 YESIMEOIUM/FAIR
TRACHTIONS SUB TURF: YES/FAIR PHASE 1 PARK 1-4 & rflRtGATION: YES/MEDIUM/FAIR
DIAMOND ESTATES TURF:YES/FAIR IRRIGATION: PUBLIC PARK YES/SMAl.VFAIR
TURF: YES/FAIR OAK SPRINGS PARK IRRIOATION: YES
TURF: YES/FAIR DIAMOND PARK IRRIGATION: YES/SMALUFAIR FOUR POINTS TURF: YESIGOOO MINORSU8475 lRRIGATION: PARK YES/MEDIUM/FAIR
WESTBROOK sue TURF: YES/FAIR 1RRIGAT10N: PUBLIC PARK 1·2 YESIMEDIUIFAIR TURF: UNK THE LAKES AT IRRIGATION: VALLEY WEST PARK YES/MEOIUM/FAIR
SUNDANCE PUBLIC TURF: UNK PARK IRRIGATION: UNK
BOULDER CREEK TURF: YES/FAIR PARK1·2 IRRIGATION: YES/MEDIU/FAtR
ANNIE ST& TURF: YES/FAIR COTTAGE PARKLN IRRIGATION: YESfSMAI.UFAIR TURF: YESJFAIR COTTAGE PARK LN IRRIGATION: YES/MEDIUM/FAIR
IW'II.OCATION LOCATION: {QRE!NAAI!.A
Sanden Avo & Co:odo SL
FrallonSt.&GlnollaWfll (vDCDnt lal'ld) S.Cottnnwaoc1Rd.to GolclonGotoAvo.&South oll..ayalDr.
OuralonRQ.l(la.bcoek$t.& l<lmbollA1'9,ION.COIIOl'IW00d Rd. Bobe:ocicSLtoFcllon & S. Eldorado to Wlllcrtlly o,. KlmbarwlekoSt.toBGXI• &VaqWll'D Pkwy. !ti HIWP« PuckottRd. Anni. SL to Duman Rd. &FlondersCl'MkAva.to Twin Lako1 Av•. Equcatl'1an Ln. to B4IClor Ln.&VoquoroPk\i,y.to Flll'glJ,onAve.
Shllrv.oodWrk'(to Glof'MOOdDr,&Flandorl CNlokAvo loAblglllt Ln. 04kSL&AgotoAvo. Rood buffer Ill Oak & datonllon ponc!Aroa. N. Fcrgucon Avo, IC Yollow!ltcnoAvo,& Ro nova t.n. to Annlo SL Ferguwn Ave. lo Flandlr1 MIII Rd.&OokSLto Tanzonllo Dr. Cattnll SL to Klmborwlcko SL & Mlllchouse Ave. to Ferguson Ave
Annlo St. to Ouratan Rd. &RoaoWaytolaxle)'Dr. W«Jlmorlond Or. toVohl W:,;y [0 N. Louml Pkwy. Ad}t'onlloBronkonSports P""'-Cab4Do Ave. to Davia Ul. &Galt:iwuySLtoBaxt• Ln. GlonoDon Dr. to Annla SL & Laurel Pkwy, ToAblgQG Lo. Smlllllsluipedproport)' comer d Anni• SL & CcullgoPnLn.
Smnll proportyeottag& Pm Ln. ond Honson St.
s.r.,ic.rotscrlptlon
Mowing
°"L"'
1-A
1-B
1-C
1-0
1-E
1-F
1-G
1-H
1-1
1.J
1-K
1-L
1-M
1-N
1-0
1-P
1-Q
1-R
1-S
Wecdc�lna/Trlmmlna ooe: sutlon m.ilntan.inca L.ondm1plnI ClcIrlng.brushlna,prunlns0fvqet:1tl0n Mii!lntcn:inco of native sr.iss/n3tur.illzed areas
Tr.iUm.ilntcn.incc Rt'mov.11 of �.ison.11 dcbrl1, lc,ivc:, litter Ovcrscedll'\llturlarcas
G.1rb.isorcmov.:al
Acr.illng & Thatching
Appendix C: Maintenance Schedule Zone 1 (LANDSCAPE)
IIOWlNG FREQUl!NCY: (TURF AREAS} TRIMUlNO FREQUENCY: FERTlUZER N'PUCAT10H FREQUEHCY: ..... , ...... $ 1'S. =,_ �..k.a OnTutfAl'IIIII c'>) • 1,r/yomiosneedOd(pncct '\�0, (prleapormow) (pncoporlrfnvnlng) \I\ �<>S."-"\ po<-) , ..... , = ,,,_,,-S:"-<-\4ci' OnTur1Areo :,-V •So, b/yoar/as noodDd (?1oo $ \'A.,S. (pricopormow) (prlcoportrimming) -� t""',.l>V-.._f\.., por apptlc:allon) 1 ..... , C."> ,_ -·�--c)..�..., 0nTur1Af'90 (JI;, $ 3U'::>' 1w/yeljr/Unood0d(pr\ce ·��75, (�co por mow) (prtco par b1mmlng) 't'\_ tvlr...t'II"''� POrarr.lk:tl.Uon) 1.,,.Gk 'l\1;6, O'O 1,,._k ?:"'"-'�-On Turf AnMI 2x/yot1rlot •�°\\1,Sb ooodod (prtcepermow) (prieeporlrlmmlng) ' .... t."()l..)'.11\c.. (prtccporappllai!lon) ,,,_,, � -. �\�-OnTurfAr'Oa2x/y$11r{DI
$ \�a-."S. "' •-c:,_75. ,_,., (pricepermow) (prlcepertrlmmlng) \t\. -..l.U-.._f\_....,_ (prlcopcroppllc3Uon) ,,,_, 0-.:. 1-.�...),L'a.-' On Turf� 2J,,/yNr/u ·�\.\C/0,Cb ·��().,_,., (pncopormow) (pnceportr1mtru1g) �-�,I\. .... (pricoporapplic:Dllcn) 1 ..... k O't> 1-,".!f-.c.-\�l(' °" L.owoAnoa ex, ·u..1s.'blyearloanaedect '\\i'S, {p(lcopormo.o., IP""''°'�"""""J \� rA.h,j',\..""'-1-po<..,,i,a,""'J ,_ s 'J..-C..O, = 1-k �<>-.�\..✓ Ool.wm-00 1xlyo0rlu nooded s (/X)· (prtco parmo-N) (pricopcrtrlnvnlng) I'\...._ .1'n�'"-"'-(r;dotperappllc:Allon)
1KM'Ook ·?:>\S."" 1-�e&.._-' On L.awnArc• °" (priceperrna.v) (prieeportrlmrnlng) $ 1Xlyoar/unee6od ·��-·--�w· ... .._(prieo P«' np�c::aUcn)
1x,\,vat1IC s :)l), vi) ,_,°A.<01 v-k� Onl.O'MlAreo r;<:> 1�r/ 111 noodOd $ \d-..5. (pricepermow) (pries per t rimming) <'\::i.AN--. (prlcoporappllcatlon) ,....,, �,_,.�,_,.)__a_.., OoL.owoArao � (prlcapermow) •\oso,{prtceptrb1mmlng) 1x/yoerlunood0d $ 'J_(e '-3:) -,� t"'w..>\""" (pr100poroppl!catlon) ,,,_,, , ..... , ,1:N,\ ...}...>.\:°' OnlaM'IArell bl> (pl'tcopcrmow) $ \()l;b. a<> (pricoportrlnvnlnQ) 1,/year/unNdod • �OC--....... _ ..... i:,,\_rv,,,,.. {-po,-""') , ..... , 'Si\t), at,
1 ..... k ,1:"-�� °""""-1x/yellrlclnoeodtld S \ �'St) .CD (prlcoporma,i,) (ptlcepcrtnnvnlng) -,� �" .... �"" (prlceperappllCllllon)
1 ..... , '""""' s�<'l-'s.v.)..c.� Qol.o,mA,u Cl) • a l.\-S. =1� u needed s '\�°';> . (pricepermow) {prlcepertrlr'M'fflg) --'" ........ (pricaper�) .-,,I'-<,,�OnTurfAIGCI 1 ..... k '\�D-()b 1"'-'< 1xfyo4r/mn� ''36�. u:, (pricopcrrmow) (pric:1:1 por ll'lmmlng) r",..)v"-.�°' � per appllaatlon) \" , ..... , 0V , ..... , ��e\ On TurfAroa (pr1copormow) $ d-.75. (pt'!copcrll'lrrmlng) 17/yeat/arw,oclod •7(::e)' �-.. • -1· ...... (pneeperappUca!Jon)
1-., <>'ti 1-.�� OnTurfAro1111ll/yO,Ol'/u 0:, (pricopormow) •�()D, (price par trimming) ,..,., $1C,D, -.- -.,, Ji�f\..60\ {-po,oppllcotloo) , ..... , 1s. Ct> ,,_, �!\.6-.-,.k� ) OnTurfAmot,-Jycor/n c,, (pr1c:opormow) $ (pr'looperll1ffflling) ,_,., $ \�. 1, ""'-1)..i", ... ""' (pric,D p,or oi,pllaatlon)
1-'SD. cro ,_ -z 6-�.,., On Turf Amil txtyeor/u t:fc:, s-"-"'°'" s \r::f). (pr1cttpormow) (ptk:eperll'tmmlng) \" c----,->�-"" (prioa poro;,plcaUon) Addltk>nal Sl�cn Zone 1: Flud Per HoMr Rates
P•rHourRalN
$ � , <-c "� "-.<>..S-$ '1",, C> f\\.-w....s
s -..n /��� 1---�s ,d.-i:,.... $ --?f:.,, o,;,
$ \..I\ I>., �""'--..,..· ",'\.. $ t_:·7c;.,) !),...,.� . .., ..I $ °'T'\ 'I \_ --v,s· $ i-)lt-... s µ\� s �\ii'sc
lfflAYING l'EJlt N'l'I.ICATlOM WU:011 IWIIOVM. FltfQUENCY: 000 aTATlON llAINnNAMCi! GARMCITRA&HltDIO'IM..
BttllldloafModoontrol °"" 1,r/yaarlasneeded '\�-1�unNde(j $ 1x/WNkle needed • Cprpperappllc:aUon) Brood loaf WIIOd control <lC 1x/yll11r/os needed $ \tp. 1'1/witf,)c/anoodDd $ 1WWffklunoodctd • (prlcopor�an) Broadleof�c:ontt'ol $ �':le()."" 1JJyaar/a nooded 1irlwMk/aa neoded $ 1r/wo(l/,(JunMdad $ {prlceporoppllcation) Brood lsafweod c.ontrol ·-��.(le, 1xlycar/aa nc odod 1lUWCOk/aa noedod $ 1Jl/woek/.m,nooood $ {�caporoppllcallon) Broodloofwaedcontrol u-\> 1x/yollr/os neodod $ f�tD, 1'JJwook/aa needed $ 1�necdod $ (prlcapcroppllc:.ll.lon) Bl'Old loaf wood control •:17�. at, 1ltlycwlanoodod 1'1/wook/unoodod $ 1xtwook/0snoodl-d s {pnoopo,"""'""'°"1 Broad loaf WNd control
$ C\L\0, 001x/yeM/uneodod 1J/Wfl/lltlJu neoded $ 1xlwNklao nNC»d s
-po<-) Brocldloafweoda,ntral ·t_\�. db 1xly0orlasnoodad 1x/blv.ook)yfnanoodod S 1�/oanoedod S {prloepo,-) Broodloofwr:iedcontrcl <:P 1x/)'ocrlas noodod $ \CJ_(). 1xlwooklu noodod $ 1'1./wodtJu nooded $ (prlcoperap�\/on) Brood lotll' weed control � 1,c,lyearlesnoeded $ \f-i(). 1xh,,oak/unocdcd $ 1Ylwod,,Ju noodod $ (pricoperapp!lctnlon) Broodloofwoodcontrol ·�,\�-Di) 1x/y11arfasnoodod hJWOClklU noodod $ 1x/\l.ook/111 noodod s (prlcoporoppllcation) Broatl leaf weod amtrol $ ® �"' 1x/yofJJ/DlnN<IOd -:,..,,o . 1�otnoedod $ 1JC/Wooklaneodld $ (prlcoporoppllcellon) Sroodlcld'woodcontrcl (.°i) 1x/yolll"/U needed s \ ,oio. ,�runeedocl $ 1xlweoklnsneodod $ {prtcaporappllcatlon) Broad loaf wood control C<> 1x/yaarfunoedcd s, L.\1'\, 1xlwock/asnCIOdtJd $ 1>rJl.t.ook.laa nooded $ (pricoperoppllcatlon) BrcNtdlcat\..oodcontrol 1xf)'Mrlan-.d $
-;)__ l\ '1-.() Cl) 1J!lweekluneeded $ 1x/Mek/csnoeded $ (prlcaporopplk:atlon)
Brood lea! 'MJOd control 1Klyoar/a noodOd 'S�D. 1:r/Mok/oa nooclod $ 1wwoak/a, noodod s (prlcaperappllcatlon) Br011d laof wood COf'ltrol $ ( .. {'{\ ' (Jt, 1kfyoar/a neoded 1x/WNkJDI neoded s 1x/weokluneeded $ (prlc&pcrappllcotlon) Spniylngasnocoodbrood ot) lent wood contrcl (prico por S �a, 1 x/month/DI ncodod $ 1x1monw11,noodod $ oppllcGtlon) Sprnylng oo needed broad 91). G'D i.of'Mledcontrol(priceper S 1xlmonthlosMeded $ 1xlmonlh/nMOdod oppflcatloo)
ADDmoNAL COMMENTS
.)__-. M<t,.""'-,""-C\,;,GQ... � '" c... --��n\. L°'� .,,_6,�·-.• ,� ��-�IL ___ ,'\ --==r...,__'-·-.. \.. � ,,;_ '-', a • • •~ A---� l<\.�r,?,;:V ....... l ..J \ _, ...., � �. -· >..-:,.... �-s.o�.s,....'-. c.,,,,-"' c.. .. s .../ \
�N' � � � Y. -·�'-#:<C° s .... � ..... : ·. ""' I -_)
Exhibit BDocuSign Envelope ID: B54F657F-807D-446A-BFD3-8C31410E996E
160
Appendix A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
�\J�b� \ ..-N:'\b.( .o§<L.. (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, J\�-J�L ��C.0-\-L-(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://egualpay.mt.gov/BestPractices/Employers, or equivalent "best practices
publication and has read the material. y�,� S0��°'--"-"- \) __ q,_ ���� Name and title of person authorized to sign on behalf of submitter
Exhibit BDocuSign Envelope ID: B54F657F-807D-446A-BFD3-8C31410E996E
161
162
163
Second Amendment to Professional Services Agreement for Landscape Maintenance Services Zone 1
FY 2023 – FY 2024 Page 1 of 2
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Landscape Maintenance Services Zone 1 dated April 6, 2021 (the “Agreement”) is made and entered into this _____ day of ____________, 2023, 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 Advantage Spraying Services, Inc., 144 Wildcat Way, Bozeman, MT
59718 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.Section 31 of the Agreement is replaced in its entirety with the following:
31.Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one (1) year by written agreement of the Parties. In no case, however, may this
Agreement run longer than five years.
2.Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated April 6, 2021 is extended for an additional one (1) year period.
The Agreement shall terminate on April 6, 2024.
3.Section 4 Payment: The landscape maintenance services specified in Exhibit B of the
Professional Services Agreement between the City and the Contractor are clarified to
include updated pricing described in Exhibit A: Schedule of Services - Advantage
Spraying Services, Inc. 2023 Pricing.
4.Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: 2220E337-BD1C-4C86-8E25-F7382447956A
February28
164
Second Amendment to Professional Services Agreement for Landscape Maintenance Services Zone 1
FY 2023 – FY 2024 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 ADVANTAGE SPRAYING SERVICES, INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 2220E337-BD1C-4C86-8E25-F7382447956A
Vice-President
Patrick Doran
165
Schedule of Services - Advantage Spraying Services, Inc. 2023 Pricing
City Of Bozeman Parks and Trails District Landscape Maintenance Zone 1
Account 2023 Pricing Per Mow & Trim
Ferguson Meadows $90.00
Valley Commons $60.00
Loyal Gardens $435.00
Valley West $510.00
Norton Ranch Parks $690.00
Baxter Meadows Master $1,050.00
Baxter Meadows Phase 1 $300.00
Flanders Creek $570.00
Traditions $375.00
Diamond Estates $60.00
Oak Springs $1,050.00
Diamond Park $1,050.00
Four Points $645.00
Westbrook $300.00
The Lakes $300.00
Sundance $330.00
Boulder Creek $360.00
Annie St Park $90.00
Cottage Park $60.00
Flanders Mill $165.00
Alder Creek $630.00
Gran Cielo $510.00
Lawn Spraying & Fertilization Prices Are Staying The Same As The Last Two Seasons (see Advantage PSA Exhibit B )
Trail Spraying Prices Are Staying The Same As The Last Two Seasons (see Advantage PSA Exhibit B )
Pruning, Spring Cleanup, & Debris Removal Prices Staying The Same As The Last Two Seasons
(see Advantage PSA Exhibit B )
Doggie Pot Pricing Staying The Same As Last Season - $50.00 per station per month.
Exhibit A:DocuSign Envelope ID: 2220E337-BD1C-4C86-8E25-F7382447956A
166
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Landscape Maintenance Services Zone 1 dated April 6, 2021 (the “Agreement”) is made and entered into this _____ day of ____________, 2024, 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 Advantage Spraying Services, Inc., 144 Wildcat Way, Bozeman, MT
59718 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 31. Extensions: Professional Service Agreement between
City and Contractor dated April 6, 2021 is extended for an additional one (1) year period.
The Agreement shall terminate on April 6, 2025.
2.Section 4 Payment: The landscape maintenance services specified in Exhibit B of the
Professional Services Agreement between the City and the Contractor are clarified to
include updated pricing described in Exhibit A: Schedule of Services - Advantage
Spraying Services, Inc. 2024 Pricing.
3.Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Third Amendment to Professional Services Agreement for Landscape Maintenance Services Zone 1 FY 2024 – FY 2025 Page 1 of 2
DocuSign Envelope ID: 3686EE44-D143-481A-A161-19E6E851C4F5
February13th
167
Third Amendment to Professional Services Agreement for Landscape Maintenance Services Zone 1 FY 2024 – 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 ADVANTAGE SPRAYING SERVICES, INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 3686EE44-D143-481A-A161-19E6E851C4F5
Vice-President
Patrick DoranXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Chuck Winn, Acting City Manager
168
Account 2023 Pricing Per Mow/Trim 2024 Pricing Per Mow/Trim
Ferguson Meadows $90.00 $90.00
Valley Commons $60.00 $65.00
Loyal Gardens $435.00 $487.50
Valley West $510.00 $585.00
Norton Ranch Parks $690.00 $747.50
Baxter Meadows Master $1,050.00 $1,050.00
Baxter Meadows Phase 1 $300.00 $425.00
Flanders Creek $570.00 $570.00
Traditions $375.00 $375.00
Diamond Estates $60.00 $97.50
Oak Springs $1,050.00 City Staff Is Taking Over Account
Diamond Park $1,050.00 $1,050.00
Four Points $645.00 City Staff Is Taking Over Account
Westbrook $300.00 $300.00
The Lakes $300.00 $300.00
Sundance $330.00 $330.00
Boulder Creek $360.00 $360.00
Annie St Park $90.00 $90.00
Cottage Park $60.00 $60.00
Flanders Mill $165.00 $195.00
Alder Creek $630.00 $715.00
Gran Cielo $510.00 $510.00
ML Anderson $330.00 $357.50
Additional Items:2022 & 2023 Pricing 2024 Pricing
Pre-Emergent & Post Emergent Trails Spraying $575.00 Per Acre $605.00 Per Acre
Pruning, Clearing Of Brush & Removal Of Dead Trees $75 Per Hour $80.00 Per Hour
Leaf & Seasonal Debris Removal $50.00 Per Hour $55.00 Per Hour
Mulching Of Planting Beds or Around Trees $13.55 Per Bag Installed $14.75 Per Bag Installed
Lawn Spraying & Fertilization Prices Are Staying The Same As The Last Three Seasons
Doggie Pot's & Garbage Dumping Has Beed Taken Over By The City Staff
Exhibit A:
Schedule of Services - Advantage Spraying Services, Inc. 2024 Pricing
DocuSign Envelope ID: 3686EE44-D143-481A-A161-19E6E851C4F5
169
Memorandum
REPORT TO:City Commission
FROM:Katie Canter, Parks and Recreation Contracts and Sports Parks Coordinator
Mitch Overton, Parks and Recreation Department Director
SUBJECT:Authorize the City Manager to Sign a Fourth Amendment to the Professional
Services Agreement with Stay Green Sprinklers Inc. for Irrigation
Maintenance Services in the Parks and Trails District
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Fourth Amendment to the Professional
Services Agreement with Stay Green Sprinklers Inc. for Irrigation
Maintenance Services in the Parks and Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180
creating the Bozeman Parks and Trails Special District (District). To
accomplish the District objectives the City has developed a multi-year
District implementation plan designed to achieve steady calculated increases
in level of service standards and sustainable maintenance practices in all City
Parks. Beginning July 1, 2020 City’s Parks and Recreation Department
assumed full responsibility for all of the District’s designated park properties
including the addition of 235 acres of park land located within subdivision
parks previously maintained by home owners/community associations. In
February 2021, the Parks and Recreation Department conducted a request
for proposals process to acquire professional services required to maintain
parks grounds and landscape areas in the District. After careful evaluation
and review, Stay Green Sprinklers Inc. was determined to be the most
qualified vendor for Parks and Trails District Irrigation Maintenance Services
Zone 2 Parks. On March 23, 2021, the City entered into the Agreement with
Stay Green Sprinklers Inc. The Agreement is effective for one year after the
date of execution with the option to extend the agreement an additional
year upon mutual agreement. Stay Green Sprinklers Inc. has demonstrated
the ability to provide comprehensive irrigation maintenance services for the
City’s Parks and Trials District and will continue complete services as defined
and described in Attachment B: PSA Stay Green Sprinklers Inc. The
Attachment A PSA Amendment 4 Stay Green Sprinklers Inc. will extend the
Agreement for an additional one (1) year period and shall terminate on
March 23, 2026. In no case, however, may this agreement run longer than
170
five (5) years from the original effective date.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by City Commission.
FISCAL EFFECTS:Funding is currently allocated for this maintenance within the FY25 and FY26
budget in the Parks and Trails District Maintenance Fund account.
Attachments:
Attachment A PSA Amendment 4 Stay Green Sprinklers
Inc..pdf
Attachment B PSA Stay Green Sprinklers Inc..pdf
Report compiled on: March 6, 2025
171
Fourth Amendment to Professional Services Agreement for Irrigation Maintenance Services Zone 2 FY 2025 – FY 2026 Page 1 of 2
FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Irrigation Maintenance Services Zone 2 dated March 23, 2021 (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 Stay Green Sprinklers, Inc., PO Box 10461, Bozeman, MT
59719 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 31. Extensions: Professional Service Agreement between
City and Contractor dated March 23, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on March 23, 2026.
2.Section 4 Payment: The landscape maintenance services specified in Exhibit B of the
Professional Services Agreement between the City and the Contractor are clarified to
include updated pricing described in Exhibit A: Schedule of Services - Stay Green
Sprinklers, Inc. 2025 Pricing.
3.Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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Fourth Amendment to Professional Services Agreement for Irrigation Maintenance Services Zone 2 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 STAY GREEN SPRINKLERS INC.
By________________________________ By_____________________________
Chuck Winn, Interim City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
173
Alder Creek (park)1,625.00$
Oak Meadows Park 285.00$
Headlands Park $200.00
Legends of Bridger (OS 2) -
City
350.00$
Legends of Bridger (OS 1) -
City
180.00$
Creekwood Park 280.00$
Southbridge Park $465.00
Ainsworth Park $120.00
Lerner Park $350.00
Gran Cielo Park
* We need to turn the water
feature on during Start-up
$585.00
Lantern Park $410.00
ML Alderson Park
*on W Garfield off
Cottonwood Rd at The
Oxbow Apartments across
from Loyal Gardens
*There’s a curb stop between
well and double check that will
probably need to be closed
during BO
425.00$
Loyal Gardens Park 500.00$
Hourly Rate: $90
Service Stop: $90
Exhibit A: Schedule of Services
174
Harvest Creek Park
*between Durston Rd and
Oak St
*Springbrook Ave and Farmall
St
$ 1,450.00
Baxter Square Park $ 300.00
Sundance Park
*Equestrian Lane and Caspian
Ave
$ 225.00
Baxter Meadows 10 Acre
Park; Linear Park; 3A
$ 830.00
Baxter Meadows I Park 1 & 2 $ 300.00
Ferguson Meadows Parks 2-4 $ 200.00
Valley West Park
*between W Babcock St and
Durston Rd and between
Hanley Ave and Clifden Dr
$ 800.00
The Lakes atValley West Park $ 650.00
Valley Commons Park
*the square turf area on the
corner of Ginella and Fallon
zones 12-16
90.00$
Cattail Lake Park 625.00$
Cattail Park A & B - Matthew
Madison Park
$ 525.00
Cattail Park Phase 3 *2 parks $ 350.00
Sandan Park $ 200.00
175
Cottage Park
corner of Hanson & Annie
$150.00
West Winds Park $1,500.00
Diamond Park
*Flanders Mill Rd and Oak
Street
$425.00
Flanders Mill Park (Circle
Park)
$250.00
Flanders Creek Park $375.00
Traditions Park $500.00
Westbrook Park $525.00
Boulder Creek Park $350.00
176
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of March, 2021, 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, Stay Green Sprinklers, Inc., PO Box
10461, Bozeman, MT 59719, 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.Effective Date: This Agreement is effective upon the date of execution.
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 Appendix C
Maintenance Schedule Zone 2 (IRRIGATION) attached hereto as Exhibit B. 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.
23rd
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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.
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Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall
be paid weekly). Such posting shall be made in a prominent and accessible location at the
Contractor’s normal place of business and shall be made no later than the first day of services
provided under this Agreement. Such posting shall be removed only upon expiration or
termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are
assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits,
and expenses, including travel allowances as set forth in the current Montana Prevailing Wage
Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which
schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly
basis. Violation of the requirements set forth in the above State of Montana schedule of
prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA.
Contractor shall maintain payroll records during the term of this Agreement and for a period of
three (3) years following termination of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is
responsible, is paid the applicable standard prevailing rate of wages.
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 and for any claims regarding underpaid prevailing wages.
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.
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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:
x Workers’ Compensation – statutory;
x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
x Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
x Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
x 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 both the Commercial
General and Automobile Liability policies. The insurance and required endorsements must be in
a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or
non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to
terminate any required insurance coverage for any reason.
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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.
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
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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 Luke Kline, Contracts 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
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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 _____________________ 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.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
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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.
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.
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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:
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.
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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 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 three years.
**** 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 _______________________________
CONTRACTOR (Type Name Above)
By________________________________ By_________________________________
Jeff Mihelich, City Manager
Print Name: _________________________
Print Title: __________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Jason A Wood
President/Owner
Jason Wood
188
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
February 2021
REQUEST FOR PROPOSALS (RFP)
PARKS & TRAILS DISTRICT
IRRIGATION MAINTENANCE SERVICES ZONE: 2
City of Bozeman
Bozeman, MT
Exhibit A
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III.SCOPE OF SERVICES
If selected a contractor will provide the City with professional expertise to successfully
implement the proposed scope of services. The City has provided a summary of the basic
maintenance components and site locations to assist in understanding the tasks and
maintenance services desired. Specifications are general in nature and not intended to
encompass all the projects complexity. Contractor shall become familiar with the specified
locations and the needs of each facility to best determine their ability to complete the
described maintenance specifications.
Additional tasks and work elements may be inserted into the scope of services during contract
negotiations with the selected firm. It is also possible that tasks or elements could be removed
during negotiations or not included in an initial contract because of regulatory uncertainty,
budget limitations, contracting strategy or any combination thereof.
Proposals must clearly identify any elements of the proposed scope of services that would not
be provided by the prime contractor. Any sub-contractors which comprise the respondent team
must be identified along with a description of past working history between the firms.
The scope of services includes:
1.Contractor shall be responsible for completion of site specific irrigation system and
maintenance services identified and described in Appendix D: Park location Maps
Zone 2.
2.Contractor proposals shall include cost associated with delivery of all tasks described in
Appendix C: Maintenance Schedule Zone 2 Irrigation and Additional Services listed to be
considered for proposal award.
3.Contractor shall provide a fixed cost per item for all services at the frequency
designated/described in Appendix C: Maintenance Schedule Zone 2 Irrigation.
Maintenance services requested include:
a.Irrigation System Startup.
b.Irrigation System Winterization.
4.Contractor shall provide a fixed hourly rate for labor cost associated with services
described in Appendix C: Maintenance Schedule Zone 2 Irrigation Additional Services.
Exhibit A
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Contractor proposals shall provide information on additional callout fees applied for
service calls or maintenance related emergencies.
Maintenance services requested include:
a.Irrigation System miscellaneous maintenance (Labor Only).
b.System programming for routine sprinkler cycles (Labor Only).
c.Repair/Replacement of irrigation system components. (Labor Only).
5.The final scope of services may change and will be contained in a professional services
agreement to be executed by the City and the selected Contractor. Contractor proposals
shall include additional explanation if items costs are excluded from the scope of
services provided. Landscape services/maintenance are not included in this RFP and will
be contracted separately.
Exhibit A
DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260
191
PARK NAME SITE DISCRIPTION LOCATION:MAP/LOCATION
(GREEN AREA ONLY)
CATTAIL CREEK
PARKS A & B
TURF: YES/UNK
IRRIGATION:
YES/UNK
Park A: Blackbird Dr. to
Warbler Way & South fo
Cattail St. Park B: Catron St.
to Cattail St. & Blackbird Dr.
to Warbler Way.
2-B 1x/year $1x/year $
SANDAN PARK
TURF: YES/FAIR
IRRIGATION:YES/ME
DIUM/FAIR
Downy Ln. to Savannah St.
& Fen Way to Blackbird Dr. 2-C 1x/year $1x/year $
CATTAIL CREEK
PARK PHASE 3
TURF: YES/UNK
IRRIGATION:
YES/MEDIUM/FAIR
Catron St. to Catamount &
Blackbird Dr. to Warbler Way.2-D 1x/year $1x/year $
HARVEST CREEK
PARK 1-4
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
W. Oak St. to Durston Rd.
& Springbrook Ave. to to
N. 27th Ave.2-E 1x/year $1x/year $
WALTON
HOMESTEAD PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Corner of 15th Ave. and
Juniper St. 2-H 1x/year $1x/year $
WESTGLEN PARK
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Between Drouillard Dr.
and Meriweather Ave. at
Mendenhall St. 2-I 1x/year $1x/year $
BRIDGER CREEK
PARK PHASE 1
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Off Boyland Rd. Park with
a pond. 2-K 1x/year $1x/year $
DIAMOND ESTATES
PUBLIC PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Oak St. & Agate Ave.
Road buffer at Oak &
detention pond Area. 2-J 1x/year $1x/year $
OAK SPRINGS PARK TURF: YES/FAIR
IRRIGATION: YES
N. Ferguson Ave. to
Yellowstone Ave. &
Renova Ln. to Annie St. 2-K 1x/year $1x/year $
BRIDGER CREEK
PARK PHASE 2-3
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
PH. 2: Augusta Dr. off
Mcilhattan Rd. PH. 3 Trail
corrador Story Mill Dr. to
Mcillhattan Rd. & North of
St Andrews Dr.
2-L 1x/year $1x/year $
VILLAGE
DOWNTOWN PARK
TURF: UNK
IRRIGATION:
YES/MEDIUM/FAIR
E-W trail corridor N.
Broadway Ave. to Village
Crossing Way.2-M 1x/year $1x/year $
BAXTER SQUARE
PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Corner of Sartain St. and
Renee Way & Baxter Ln.
to Sartain St. 2-N 1x/year $1x/year $
WEST WINDS PARK
(ALL PHASES)
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Oak St. to Baxter Ln. &
Davis Ln. to 27th Ave. 2-O 1x/year $1x/year $
LEGENDS AT
BRIDGER CREEK
PARK 1
TURF: YES/UNK
IRRIGATION:
YES/UNK
North of Pinicle Star St. 2-P 1x/year $1x/year $
LEGENDS AT
BRIDGER CREEK
PARK 2
TURF: YES/GOOD
IRRIGATION:
YES/MEDIU/FAIR
Boyland Rd. W. of Pinicle
Star St. 2-Q 1x/year $1x/year $
CREEKWOOD SUB
PARK
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
End of Creekwood Dr. 2-R 1x/year $1x/year $
CATTAIL LAKE PARK TURF: YES/FAIR
IRRIGATION: YES
East of Davis Ln. on
Troutmeadow Rd. &
Blackbird Dr. 2-S 1x/year $1x/year $
PINE MEADOW PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
W. Villard St. between
Valley Dr. and
Merriwether 2-T 1x/year $ 1x/year $
OAK MEADOWS
PARK
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Crabapple Dr. to Juniper St.
& N. 14th Ave to N. 12th
Ave. 2-U 1x/year $ 1x/year $
Irrigation System labor for miscellaneous maintenance (Labor Only).$
Repair/Replacement of irrigation system components. (Labor Only).$
system programming for routine sprinkler cycles (Labor Only).$
Repair/Replacement of irrigation system components. (Labor Only).$
Additional Services: Fixed Per Hour Rates
Service/Discription Per Hour Rates ADDITIONAL COMMENTS
Appendix C: Maintenance Schedule Zone 2 (IRRIGATION)
IRRIGATION SYSTEM
STARTUP :
IRRIGATION SYSTEM
WINTERIZATION :ADDITIONAL COMMENTS
Parks
DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260
192
CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP
Appendix C: Maintenance Schedule Zone 2
MAP/ LOCATION : OVERVIEW LK 1/21
PARKS MAINTENANCE ZONE 1-3 MAP
Exhibit A
DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260
193
STAYiBREEN SPRINKLERS INC
THE WATER CONSERVATION SPECIALISTS
February 19, 2021
Jason Wood, President
Stay Green Sprinklers, Inc.
406-570-9223
jason@staygreensprinklers.com
POB 10461 Bozeman, MT 59719
www.staygreensprinklers.com
Exhibit B
DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260
194
Appendix C: Maintenance Schedule Zone 2 (IRRIGATION)
PARK NAME SITE DISCRIPTION LOCATION: MAP/LOCATION IRRIGATION SYSTEM IRRIGATION SYSTEM ADDITIONAL COMMENTS (GREEN AREA ONLY) STARTUP: WINTERIZATION :
Parks
Park A: Blackbird Dr. to
CATTAIL CREEK TURF: YES/UNK Warbler Way & South fo
PARKS A&B IRRIGATION: Cattail St. Park B: Catron St. 2-B 1lc/year $S"-Z.S 1x/year $;-is YES/UNK to Cattail St. & Blackbird Dr. to Warbler Way.
TURF: YES/FAIR SANOAN PARK IRRIGATION:YES/ME 2-C 1x/year $ 20<> 1x/year $ 1,oO
DIUM/FAIR
CATTAIL CREEK TURF: YES/UNK $3So IRRIGATION: 2-0 1x/year $��<) 1x/year PARK PHASE3 YES/MEDIUM/FAIR
HARVEST CREEK TURF: YES/FAIR IRRIGATION: 2-E 1x/year $;so 1x/year $7So PARK1-4 YES/SMALUFAIR
WALTON TURF: YES/FAIR
HOMESTEAD PARK IRRIGATION: 2-H 1x/year $1$ 1x/year $t5 YES/SMALUFAIR
TURF: YES/FAIR WESTGLEN PARK IRRIGATION: 2-1 1x/year $7S 1x/year $ ,sYES/MEDIUM/FAIR
BRIDGER CREEK TURF: YES/FAIR IRRIGATION: 2-K 1x/year $2,c;o 1x/year $'2�0 PARK PHASE 1 YES/MEDIUM/FAIR
BRIDGER CREEK TURF: YES/FAIR
$'/<>� PARK PHASE 2-3 IRRIGATION: 2-L 1x/year $'-/OO 1x/year YES/MEDIUM/FAIR
VILLAGE TURF:UNK IRRIGATION: 2-M 1x/year $/5 1x/year $,s DOWNTOWN PARK YES/MEDIUM/FAIR
BAXTER SQUARE TURF: YES/FAIR IRRIGATION: 2-N 1x/year $3oO 1x/year $joo PARK YES/SMALUFAIR
WEST WINDS PARK TURF: YES/FAIR
(ALL PHASES) IRRIGATION: 2-0 1x/year $J,soo 1x/year $/,�"'' YES/MEDIUM/FAIR
LEGENDS AT TURF: YES/UNK BRIDGER CREEK IRRIGATION: 2-P 1x/year $/10 1x/year $/10 PARK1 YES/UNK
LEGENDS AT TURF: YES/GOOD BRIDGER CREEK IRRIGATION: 2-Q 1x/year $'3SO 1x/year $JC,o PARK2 YES/MEDIU/FAIR
CREEKWOOD SUB TURF: YES/FAIR IRRIGATION: 2-R 1x/year $1,�0 1x/year $1,.�0 PARK YES/MEDIUM/FAIR
TURF: YES/FAIR $C'ZS CATTAIL LAKE PARK IRRIGATION: YES 2-S 1x/year $61S 1x/year
TURF: YES/FAIR PINE MEADOW PARK IRRIGATION: 2-T 1x/year $/Ou 1x/year $J<;,a YES/SMALUFAIR
OAK MEAOOWS TURF: YES/FAIR fZiS PARK IRRIGATION: 2-U 1x/year 1x/year $-zis YES/MEDIUM/FAIR
Downy Ln. to Savannah SL & Fen Way lo Blackbird Dr.
Catron St. to Catamount &
Black.bin::I Dr. to Warbfer Way.
W. Oak St. to Durston Rd. & Springbrook Ave. to to N. 27th Ave.
Comer of 15th Ave. and Juniper St.
Between Drouillard Dr. and Meriweather Ave. at Mendenhall St.
Off Boyland Rd. Par!< with a pond.
PH. 2: Augusta Dr. off Mcilhattan Rd. PH. 3 Trail corrador Story Mill Dr. to Mcillhattan Rd. & North of
St Andrews Dr. E-W trail comdor N. Broadway Ave. to Village Crossina Wav.
Comer of Sartain St. and Renee Way & Baxter Ln. to Sartain St.
Oak St. to Baxter Ln. & Davis Ln. to 27th Ave.
North of Pinicte Star St.
Boyland Rd. W. of Pinkie Star St.
End of Creekwood Dr.
East of Davis Ln. on Troutmeadow Rd. & Blackbird Dr. W. Villard St. between
Valley Dr. and
Meniwether Crabapple Dr. to Juniper St.
& N.14th Ave to N. 12th
Ave.
Additional Services: Fixed Per Hour Rates
Service/Discription Per Hour Rates ADDITIONAL COMMENTS
Irrigation System labor for miscellaneous maintenance (Labor Only). $ ,c;ft..r-
system programming for routine sprinkler cycles (labor Only). $(� r-"'c:.L-s�,
Repair/Replacement of irrigation system components. (Labor Only). $ 7$ /L..r-
Exhibit BDocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260
195
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
s�'7 b!'r::,eA �r,,..f..la--s I !tvc... (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, 'S;f-.y 6('C:...,/\. 9,,.,� /e.krs I lrvc ,(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.
4-,d.�,,ores,oh,--+
�d title of person authorized to ;ig� on behalf of submitter
Exhibit B
DocuSign Envelope ID: 3E03AF6B-9824-41CD-9F34-A239091CF260
196
First Amendment to Professional Services Agreement Irrigation Maintenance Services Zone 2 Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Parks and Trails District Irrigation Maintenance Services Zone 2 dated March 23, 2021 (the
“Agreement”) is made and entered into this _____ day of ____________, 2022, 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 Stay Green Sprinklers, Inc., PO Box 10461, Bozeman, MT 59719, 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 31 Professional Services Agreement between the City and
Contractor dated March 23, 2021 (the Agreement) is extended for an additional one (1)
year period. The Agreement shall terminate on March 23, 2023.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
March1st
DocuSign Envelope ID: E94A39D5-2F0B-4F96-88BE-EEA64C6397BB
197
First Amendment to Professional Services Agreement Irrigation Maintenance Services Zone 2 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 STAY GREEN SPRINKLERS, INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: E94A39D5-2F0B-4F96-88BE-EEA64C6397BB
Jason Wood
President/Owner
198
Second Amendment to Professional Services Agreement for Irrigation Maintenance Services Zone 2
FY 2023 – FY 2024 Page 1 of 2
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Irrigation Maintenance Services Zone 2 dated March 23, 2021
(the “Agreement”) is made and entered into this _____ day of ____________, 2023, 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 Stay Green Sprinklers, Inc., PO Box 10461, Bozeman, MT
59719 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. Section 31 of the Agreement is replaced in its entirety with the following:
31. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one (1) year by written agreement of the Parties. In no case, however, may this
Agreement run longer than five years.
2. Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated March 23, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on March 23, 2024.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: 726541CF-D518-4AA4-BC78-9DF1BB28BB54
24 January
199
Second Amendment to Professional Services Agreement for Irrigation Maintenance Services Zone 2
FY 2023 – FY 2024 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 STAY GREEN SPRINKLERS INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 726541CF-D518-4AA4-BC78-9DF1BB28BB54
Jason Wood
President/Owner
200
Third Amendment to Professional Services Agreement for Irrigation Maintenance Services Zone 2 FY 2024 – FY 2025 Page 1 of 2
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Irrigation Maintenance Services Zone 2 dated March 23, 2021 (the “Agreement”) is made and entered into this _____ day of ____________, 2024, 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 Stay Green Sprinklers, Inc., PO Box 10461, Bozeman, MT
59719 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 31. Extensions: Professional Service Agreement between
City and Contractor dated March 23, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on March 23, 2025.
2.Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: 6E36416D-5E50-44E8-9DDB-B1FB2F066405
February13th
201
Third Amendment to Professional Services Agreement for Irrigation Maintenance Services Zone 2 FY 2024 – 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 STAY GREEN SPRINKLERS INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 6E36416D-5E50-44E8-9DDB-B1FB2F066405
Jason Wood
President/OwnerChuck Winn, Acting City Manager
XXXXXXXXXXXXXXXXXXXXXXXXXXX
202
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Task Order 6 with Sanbell Rocky
Mountain for the Quiet Zone Railroad Crossings Project
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Task Order 6 with Sanbell - Rocky
Mountain for the Quiet Zone Railroad Crossings Project
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Trains are currently required to blow their horns at at-grade crossings by
federal regulations. Establishing a quiet zone means additional safety
features are added to crossings in an area that allow trains to not be
required to blow their horns. This project has been in process since 2020 and
this additional scope of work reflects forward motion after major delays
caused by end of Montana Rail Links long term lease of the rail line from
BNSF. This task order extends previous work on construction drawings for
the railroad quiet zone project to integrate design changes required by BNSF
into the final plan set and conduct right-of-way acquisition work. The scope
of work also includes coordination with the Montana Department of
Transportation (MDT) on the Rouse Ave. crossing as the recommended
changes in design impact facilities on their roadway.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Funding for this scope of work will be split equally between the Pole Yard
Urban Renewal District and the Northeast Urban Renewal District. The total
cost of the work is $32,000.
Attachments:
Task Order 006_Rouse & Wallace QZ Final Design.docx
Task Order 006_SOW_Rouse & Wallace QZ Final
Design_020725.pdf
203
Report compiled on: March 11, 2025
204
City of Bozeman Urban Renewal District Term Contract
Task Order Number #006
PROJECT:Rouse and Wallace Quiet Zone Railroad Crossings
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
$32,000.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
205
City of Bozeman Economic Development Department
Scope of Work – Task Order No. 006
Rouse and Wallace Quiet Zone Railroad Crossings - Final Design and Final Right-
of-Way Acquisition Services
2/7/2025
Sanbell is pleased to provide this scope of work for final design and final right-of-way
acquisition services associated with the proposed Quiet Zone railroad crossings on
North Rouse Avenue and North Wallace Avenue. This work is a continuation of
previous design work and will specifically address the recent comments received
from BNSF on the preliminary design.
This work will be completed as a part of the Economic Development 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. This phase of the project will also include
coordination with the City of Bozeman and SRF for the process to the establish the
quiet zone.
Phase 2 - Coordination with BNSF and MDT
After the initial design for the quiet zone crossings was completed, the railroad
ownership changed from Montana Rail Link (MRL) to BNSF. Because of this change in
ownership, there has been significant additional coordination and review by BNSF.
This scope of work includes the additional coordination with BNSF that has been
required to get their final review comments, as well as ongoing coordination
throughout the remainder of the redesign and right-of-way processes.
This phase of the project will also include additional coordination with MDT for their
review of the changes requested by BNSF.
206
Phase 3 - Construction Documents
This phase of the project includes design revisions needed to address BNSF review
comments. The changes primarily consist of design coordination with BNSF for
replacement of all existing railroad warning devices and bungalows to meet current
design standards. Adjustments to sidewalk routing around the devices will also be
needed to address the review comments. Deliverables will consist of final plans,
specifications and updated engineer’s opinion of probable construction cost (PS&E).
Phase 4 - Right-of-Way Acquisition
This phase of the project includes the tasks required to acquire the necessary right-of-
way (R/W) for the project improvements to be installed for two railroad crossings
across North Rouse Avenue and North Wallace Avenue:
• Sanbell previously prepared right-of-way agreements, easements, permits, and
valuation documents under a previous contract and will utilize those
documents for the final acquisition tasks
• Continued coordination meetings with BNSF to determine requirements for two
easements and two construction permits/temporary occupancy permits
• Conduct owner acquisition meetings (minimum of 5 meetings) with BNSF to
acquire two easements and two construction permits/temporary occupancy
permits on behalf of the City of Bozeman
• Modify draft Right-of-Way agreements with BNSF and their legal consultants JLL
• Upon execution of the R/W agreements, Sanbell will assist the City with
distributing compensation funds and will record the easements/permits, as
required
Scope of Work Exclusions
Services not stated in the above scope of work are specifically excluded from the
scope of work for this contract. The following is a list of services that are expressly
excluded from the proposed scope of work.
• Construction bidding, administration and inspection
• Construction staking
• Material testing
• SWPPP permitting and operation
• Environmental Services
• Right-of-way title/entitlement/closing services
If needed, these items will be added as a separate task order or contract amendment.
207
Fees and Billing Arrangements
Phase Item Fee
Phase 1 Project Management & Coordination $ 2,600
Phase 2 Coordination with BNSF and MDT $ 8,500
Phase 3 Construction Documents $ 12,900
Phase 4 Right-of-Way Acquisition $ 8,000
Total $32,000
Sanbell will bill for its services on a fixed fee basis with a total of $32,000.00 as
specified in the fee table above. 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 revised Construction
Documents within two (2) months of notice to proceed. However, this schedule could
be impacted by BNSF response times through the remainder of the design process.
208
Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Downtown Bozeman Partnership
SUBJECT:A Resolution, Authorizing the City Manager to Sign Change Order 5 with
Constructive Solutions, Inc. for The Downtown Alley Enhancement Pilot
Project
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Adopt a Resolution, Authorizing the City Manager to Sign Change Order 5
with Constructive Solutions, Inc. for The Downtown Alley Enhancement Pilot
Project
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:This amendment for Change Order 5 contains provisions to adjust the
completion date to June 30, 2025.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Resolution Mar 2025 Change Order 5.docx
_First_Am_Dwtwn_Alley_Enhance_Agmt_final-
COMBINED_PDF.pdf
Alley Change Order CSI 11 and City 5 V2.pdf
Report compiled on: February 27, 2025
209
Version February 2023
RESOLUTION 2025-XXX
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
WHEREAS, The City Commission did, on February 13, 2024, authorize the First
Amendment to Construction Agreement for The Downtown Alley Enhancement Pilot Project with
Constructive Solutions, Inc.; and
WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such
alterations for modification of the specifications and/or plans of the contract be made by
resolution; and
WHEREAS,it has become necessary in the prosecution of the work to make date
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 to The Downtown Alley Enhancement Pilot Project,
as contained in the Change Order 5, attached hereto: be and the same are hereby approved; and
the City Manager is hereby authorized and directed to execute the contract change order for and
on behalf of the City; and the City Clerk is authorized and directed to attest such signature., to
wit:
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 25
th Day of March, 2025.
210
Version February 2023
___________________________________
Terence Cunningham
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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FIRST AMENDMENT TO CONSTRUCTION AGREEMENT
This Construction Agreement is made and entered into this _____ day of ____________,
202__ (“Effective Date”), by and between the BOZEMAN DOWNTOWN URBAN
RENEWAL DISTRICT, an agency of the CITY OF BOZEMAN, MONTANA, a self-
governing municipal corporation organized and existing under its Charter and the laws of the State
of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as “City,” and, CONSTRUCTIVE SOLUTIONS,
INC., hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
Recitals
A. The City issued an Invitation to Bid for the construction project known as
Downtown Bozeman Alley Enhancement Pilot Project (“Construction Project”) pursuant to the
requirements of all applicable statutes, rules, regulations, and ordinances.
B. The City analyzed all responses to the Invitation to Bid received pursuant to its
standard practices and the requirements of all applicable statutes, rules, regulations, and
ordinances.
C. Upon the full execution of this Construction Agreement, the City will issue the
Notice of Award, attached as Exhibit A, to Contractor.
In consideration of the covenants, agreements, representations, and warranties contained
herein, the Parties agree as follows:
Agreement
1. Work to be Performed:
a. A description of the work to be performed including asphalt coatings, visual
enhancements via murals and sculpture installation, lighting improvements, landscape and
hardscape improvements, site furnishings, signage, and miscellaneous other items in and
around the alley between North Tracy Avenue and North Black Avenue within the City of
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Bozeman (the “Construction Project”) and Contractor’s duties is set forth in the Scope of
Services attached hereto as Exhibit B and by this reference made a part hereof. The City’s
Notice of Award is attached here as Exhibit A.
A part of the Construction Project includes the installation of commissioned murals and
sculptures (“Artwork”), which is detailed in Artwork Scope of Services, attached Exhibit
C. When the term “Artwork” is specifically used in this Agreement, it explicitly excludes
any other work described in paragraph 1(a) of this Construction Agreement. Contractor
and the City are jointly responsible for the approval of all selected Artwork that will be
installed as part of the Construction Project.
The following constitute the Construction Documents and are made a part of this
Agreement as if incorporated herein:
• This Agreement;
• All required insurance;
• The Contractor’s Nondiscrimination and Gender Pay Affirmation;
• The Scope of Services;
• Artwork Scope of Services;
• The Notice of Award;
• The Drawings, Plans, and Specifications;
• Artwork Plans and Drawings;
• Transfer and Assignment of Copyright for Public Artwork; and
• 1990 Visual Artists’ Rights Act Waiver.
Where a provision of any other portion of the Construction Documents conflicts with this
Agreement, the terms and conditions of this Agreement shall control.
All work under this Agreement that is subject to the Montana Public Works Standard
Specifications or the City’s Modifications to the same must comply with such standards.
b. Prior to the commencement of any work on the Construction Project,
Contractor’s representatives and City’s representatives shall hold a meeting to establish a
working understanding among the parties as to the scope of the Construction Project and
duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding
issues related to the plans, designs, drawings, and specifications. If the parties are unable
to resolve these issues and the City fails, refuses, or is unable to approve the same, no work
shall commence on the Construction Project until such issues are resolved.
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c. Except as provided elsewhere in this Agreement, Contractor shall furnish
all the labor, materials, equipment, tools, and services necessary to perform and complete
the Construction Project.
d. During work on the Construction Project, and as part of the final completion
of the Construction Project, Contractor shall clean up the Project site, including the removal
and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the
performance of any other work necessary to restore the site to at least as good order and
condition as at the commencement of the Construction Project.
2. City-Supplied Materials: The City may supply materials from time to time in
furtherance of the Construction Project.
3. Time of Performance:
a. Contractor shall begin the Construction Project after receiving a Notice to
Proceed from City and shall complete the Construction Project no later than August 31,
2024. Time is of the essence of completion of all work and each phase of the Construction
Project.
b. The City’s Representative must develop a Construction Schedule in
consultation with the Contractor. Contractor’s construction plan, methods of operation,
materials used, and individuals and subcontractors employed (collectively “Contractor’s
Resources”) are subject to the City’s approval at all times during the term of this Agreement
and must be such as to ensure the completion of the work in compliance with the deadlines
set in the Construction Schedule during the term of this Agreement. In the event the City
determines the Contractor’s Resources are inadequate to meet the approved Construction
Schedule, the City may order the Contractor to accelerate its performance to give
reasonable assurances of timely completion and quality results. Acceleration under this
section shall not be deemed a Change Order as defined in Section 5b below and the
Contractor shall receive no equitable adjustment for such acceleration. Nothing in this
section shall be interpreted to relieve the Contractor of its duties and responsibilities to plan
for and complete the work in a timely manner according to the Construction Schedule.
4. Liquidated Damages: If the Construction Project is not completed within the time
provided by this Agreement, the City may deduct for each day the Construction Project remains
uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter
specified and retain that sum as payment for liquidated damages sustained by reason of the
Contractor’s failure to complete the Construction Project on time.
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5. Compensation:
a. City shall pay to Contractor, and Contractor shall accept as full payment for
the performance of this Agreement and the Construction Project, the amount of Two
Hundred Ninety-Eight Thousand Five Hundred Thirteen Dollars and Twenty-Eight Cents
($298,513.28). Monthly progress payments and final payment will be made only in
accordance with the terms of a completed Compensation Schedule to be approved by the
City’s Representative. All invoices must be submitted to the City’s Representative.
b. If work not included within the original Construction Documents is
requested by City, such additional work and the related compensation shall be agreed to in
writing by both parties prior to commencement of the additional work (“Change Order”).
c. City shall retain five percent (5%) of the total amount of compensation to
be paid to the Contractor to ensure compliance with the terms and conditions of this
Agreement and the timely completion of the Construction Project and any and all “punch
list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty
(30) days after the City’s final acceptance of the portion of work for which a separate price
is stated in the specifications for the Construction Project.
e. Upon acceptance of final payment and for other good and valuable
consideration, Contractor shall and hereby does release and forever discharge City, its
officers, agents, and employees of and from any and all claims, demands, actions, causes
of action, obligations, and liabilities of every kind and character whatsoever, in law and in
equity, whether now known or in the future discovered, arising from or related to this
Agreement or the Construction Project that Contractor may have or assert against City, its
officers, agents, and employees.
6. Inspection and Testing:
a. City has the right to inspect and test any and all work performed by
Contractor on the Construction Project. Contractor shall allow City and its agents access
to the Construction Project at all times and shall provide every reasonable facility for the
purpose of such inspection and testing, including temporarily discontinuing portions of the
work or uncovering or taking down portions of the finished work. Any inspection and
testing performed by the City and its agents is for the sole benefit of the City and shall not
relieve the Contractor of its duty, responsibility, and obligation to ensure that the work
strictly complies with the Agreement terms and conditions and all applicable laws and
building and safety codes. City’s inspection and testing shall not be deemed or considered
acceptance by the City of any portion of the Construction Project. City’s inspection and
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testing shall not serve to nullify, amend, or waive any warranties provided by the
Contractor under this Agreement.
b. Contractor shall, without charge, replace any material or correct any work
found by the City or its agents to be defective or otherwise not in compliance with the terms
and conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City
may take such corrective action, either with its own materials and employees or by
retaining any third party to do so, and deduct the cost and expense of such corrective action
from the Contractor’s compensation.
7. Partial Utilization of Construction Project: City shall have the right to use or
occupy any portion of the Construction Project that City and Contractor mutually agree is
substantially completed and constitutes a separately functioning and usable part of the
Construction Project for its intended purpose without significant interference with Contractor’s
performance of the remaining portions of the Construction Project. In the event City takes
possession of any portion of the Construction Project, such possession shall not be deemed an
acceptance of the Construction Project, in whole or in part. City’s use of any portion of the
Construction Project shall not be grounds for extensions of any construction deadlines or a change
in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the
total Construction Project and not from the date the City may take possession of selected portions
of the Construction Project.
8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude
City, through its own employees or by contract with any third party, from performing other work
related to the Construction Project at the construction site; provided such related work is not
otherwise addressed in this Agreement and provided such related work does not otherwise interfere
with Contractor’s performance of this Agreement or the completion of the Construction Project.
Contractor shall afford any City employee, agent or representative, or any third party under
contract with the City to perform the related work, proper and safe access to the construction site,
a reasonable opportunity for the introduction and storage of materials and equipment, the
opportunity to perform the related work, and shall properly coordinate the Contractor’s work on
the Construction Project with the related work.
9. Contractor’s Warranties: Contractor represents and warrants as follows:
a. Unless otherwise specified by the terms of this Agreement, all materials and
equipment used by Contractor on the Construction Project shall be new and where not
otherwise specified, of the most suitable grade for their intended uses.
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b. All workmanship and materials shall be of a kind and nature acceptable to
the City.
c. All equipment, materials, and labor provided to, on, or for the Construction
Project must be free of defects and nonconformities in design, materials, and workmanship
for a minimum period beginning with the commencement of the work on the Construction
Project and ending one (1) year from the final completion and acceptance by the City of
the Construction Project, regardless of whether such equipment, materials, or labor were
supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers.
Other express warranties on materials that provide for a warranty period longer than one
year apply for the period of that express warranty and are not reduced by this provision.
Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to
correct the defective or nonconforming condition within a time frame acceptable to the
City and at no additional cost to the City. Contractor shall also, at its sole cost, perform
any tests required by City to verify that such defective or nonconforming condition has
been corrected. Contractor warrants the corrective action taken against defective and
nonconforming conditions for a period of an additional one (1) year from the date of City’s
acceptance of the corrective action.
d. Contractor and its sureties are liable for the satisfaction and full
performance of all warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the
completion of the Construction Project and Contractor, or its duly authorized representative
assigned to serve as the Construction Project Manager, shall be personally present at the
site of the Construction Project during working hours for the term of this Agreement until
the completion of the Construction Project.
f. Contractor shall have a complete, accurate, and up-to-date set of
construction plans, drawings, and specifications on site at all times.
g. Contractor has examined all available records and made field examinations
of the site of the Construction Project. Contractor has knowledge of the field conditions to
be encountered during the Construction Project. Contractor has knowledge of the types
and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
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h. Contractor is responsible for the safety of the work and shall maintain all
lights, guards, signs, temporary passages, or other protections necessary for that purpose at
all times.
i. All work must be performed at Contractor’s risk, and Contractor shall
promptly repair or replace all damage and loss at its sole cost and expense regardless of the
reason or cause of the damage or loss; provided, however, should the damage or loss be
caused by an intentional or negligent act of the City, the risk of such loss shall be placed
on the City.
j. Contractor is responsible for any loss or damage to materials, tools, or other
articles used or held for use in the completion of performance of the Construction Project.
k. Contractor’s performance must be without damage or disruption to any
other work or property of the City or of others and without interference with the operation
of existing machinery or equipment.
l. Title to all work, materials, and equipment covered by any payment of
Contractor’s compensation by City, whether directly incorporated into the Construction
Project or not, passes to City at the time of payment, free and clear of all liens and
encumbrances.
m. Contractor, at its expense and in consultation with the City, will arrange for
the preparation and installation of the Artwork on or before September 30, 2024. As further
delineated in paragraph 18, the City retains the right to repair, remove, or un-install the
Artwork at any time. Contractor bears the risk of loss for the Artwork up and until the title
of the Artwork transfers to the City.
n. For one-year from installation, Contractor expressly warrants that its
installation of the Artwork will be free from any defects related to installation. If, during
the one-year warranty period, any defect occurs, upon receiving written notice from the
City, Contractor agrees to repair, replace, or pay the City the reasonable cost of repairing
or replacing the Artwork. Contractor acknowledges and agrees that the choice between
repairing, replacing, or paying the City is solely within the City’s discretion and authority.
10. Delays and Extensions of Time: If Contractor’s performance of this Agreement
is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including
acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any
such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of
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the termination of such delay, give the City written notice of the total actual duration of the delay.
If the City is provided with these required notices and if the City determines that the cause of the
delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the
fault or negligence of the Contractor, then the City will determine the total duration of the delay
and extend the time for performance of the Agreement accordingly. Unless the delay is caused by
the intentional interference of the City with the Contractor’s performance, Contractor shall make
no claim for damages or any other claim other than for an extension of time as herein provided by
reason of any delays.
11. Suspension:
a. The City may, by written notice to the Contractor and at its convenience for
any reason, suspend the performance of all or any portion of the work to be performed on
the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set
forth the time of suspension, if then known to the City. During the period of suspension,
Contractor shall use its best efforts to minimize costs associated with the suspension.
b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice
requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to
the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts
for materials, services, or equipment; (3) promptly make every reasonable effort to obtain
suspension upon terms satisfactory to City of all orders, subcontracts, and rental
agreements to the extent that they relate to the performance of the work suspended; and (4)
continue to protect and maintain the Project, including those portions on which work has
been suspended.
c. As compensation for the suspended work, Contractor will be reimbursed for
the following costs, reasonably incurred, without duplication of any item, and to the extent
that such costs directly resulted from the suspension: (1) a standby charge paid during the
period of suspension which will be sufficient to compensate Contractor for keeping, to the
extent required in the Notice of Suspension, Contractor’s organization and equipment
committed to the Project in standby status; (2) all reasonably incurred costs for the
demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable
amount to reimburse Contractor for the cost to protect and maintain the Project during the
period of suspension; and (4) an equitable adjustment in the cost of performing the
remaining portion of the work post-suspension if, as a direct result of the suspension, the
cost to Contractor of subsequently performing the remaining work on the Construction
Project has increased or decreased.
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d. Upon receipt of written notice by the City to resume the suspended work
(“Notice to Resume Work”), Contractor shall immediately resume performance of the
suspended work as to the extent required in the Notice to Resume Work. Any claim by
Contractor for time or compensation described in Section 11(c) shall be made within fifteen
(15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised
Construction Schedule for the City’s review and approval. Contractor’s failure to timely
make such a claim shall result in a waiver of the claim.
e. No compensation described in Section 11(c) shall be paid and no extension
of time to complete the Construction Project shall be granted if the suspension results from
Contractor’s non-compliance with or breach of the terms or requirements of this
Agreement.
12. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any
terms or conditions of this Agreement, the City may, by written notice, terminate this
Agreement and the Contractor’s right to proceed with all or any part of the Construction
Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over
the Construction Project and complete it, either with its own resources or by re-letting the
contract to any other third party, and may immediately take possession of and use such
materials, appliances, tools, and equipment as may be on the site and which may be
necessary for the completion of the Construction Project.
b. In the event of a termination pursuant to this Section 12, Contractor shall be
entitled to payment only for those services Contractor actually rendered. In the case of a
lump sum or unit price contract, Contractor shall not be entitled to any further payment
until the Construction Project has been completed. Upon completion of the Construction
Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City
of completing the work, including all costs paid to any subcontractors or third parties
retained by the City to complete the Construction Project and all administrative costs
resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to
the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the
Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay
the difference, plus interest at the rate applicable to court judgments, to the City.
c. Any termination provided for by this Section 12 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
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d. In the event of termination under this Section 12, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
13. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease work on the Construction Project, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for
City’s Convenience”). The termination shall be effective in the manner specified in the
Notice of Termination for City’s Convenience and shall be without prejudice to any claims
that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease work on the
Construction Project, discontinue placing orders for materials, supplies, and equipment for
the Construction Project, and make every reasonable effort to cancel all existing orders or
contracts upon terms satisfactory to the City. Contractor shall do only such work as may
be necessary to preserve, protect, and maintain work already completed, in progress, or in
transit to the construction site.
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered and materials
actually purchased or which Contractor has made obligations to purchase on or before the
receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs
for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any
materials that City is obligated to purchase from Contractor will remain the City’s sole
property.
d. The compensation described in Section 13(c) is the sole compensation due
to Contractor for its performance of this Agreement. Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
14. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
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waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Ellie Staley or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is
required by this Agreement, such communication or submission shall be directed to the
City’s Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents and may receive approvals or authorization from
such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Rob Evans 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.
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16. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the
provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every
effort to avoid damage to underground facilities and shall be solely responsible for any damage
that may occur. If City personnel assume responsibility for locating any underground facilities,
this fact shall be noted in writing prior to commencement of such location work.
17. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Construction Project.
18. Ownership of Artwork. The City shall be the legal owner of the Artwork once it
is installed. Until installation and title transfers, Contractor remains the owner of the Artwork. See
paragraph 9 of this Construction Agreement for Artwork-specific warranties which apply only to
the Artwork and not to the Construction Project in its entirety. For the Artwork, the Parties agree
to sign a Transfer and Assignment of Copyright for Public Artwork, attached as Exhibit D, prior
to the City’s acceptance of the Artwork.
In addition, as required by the U.S. Copyright Act, and as set forth in paragraph 24(d) of
this Agreement, Contractor and its sub-contractors which are providing murals and other artwork
related to the Artwork agree to sign, prior to the City’s acceptance of the Artwork, a 1990 Visual
Artists’ Rights Act Waiver (“Waiver”), attached as Exhibit E. Contractor and its applicable
subcontractors acknowledge that by signing the Waiver, they are agreeing to voluntarily waive
all rights to attribution and integrity with respect to the Artwork, and any and all claims that may
arise under the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. §§ 106(A) and 113(d) or
any other local, state, or federal law that conveys the same or similar “moral rights,” as defined
by VARA, with respect to the Artwork.
Contractor agrees to provide Exhibit D and Exhibit E to its subcontractors for the
Artwork. Contractor must return executed copies to the City at the time title transfers. Once the
Transfer of Copyright for Public Artwork is executed, the City will become copyright owner and
take title in and to the Artwork, and any and all drawings, sketches, models, and any other
documents or materials created by the Contractor in furtherance of the Artwork. The Contractor
agrees to deliver to the City all such materials within five (5) working days of title transfer.
19. Maintenance, Repairs, and Alterations of the Artwork. The City recognizes that
due to the nature of the Artwork, maintenance is essential. Upon transfer of the title of Artwork
and legal ownership passes to the City, as set forth in paragraph 18, the City retains full discretion
and responsibility to maintain and protect the Artwork. The City retains the sole right to determine
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whether, when, and to what extent any repairs to the Artwork will occur. The City is not obligated
to provide the Contractor or any of its subcontractors for the Artwork notice before undertaking
any repairs or modifications to the Artwork. However, the City shall endeavor to notify the
Contractor of any proposed alteration of the Artwork. Contractor is responsible for maintaining a
current contact person and contact information to receive such notice. If Contractor receives such
notice from the City, it is responsible for notifying its subcontractors for the Artwork. The City is
under no obligation to provide notice to the Contractor if the Contractor fails to maintain such
contact information with the City.
Because the Artwork is attached to the City’s property, Contractor agrees to indemnify,
defend, and hold harmless the City against any and all liability, damage, loss, or expense, including
reasonable attorneys’ fees and expenses of litigation, incurred by the City for any and all claims
raised under the Visual Artists Rights Act.
Should the City determine that the removal or extraction of the Artwork is necessary,
Contractor retains first priority to reclaim physical possession of the Artwork. In such an instance,
Contractor is responsible for all associated costs of such removal.
20. 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.
21. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor
of persons performing this Agreement shall be on the basis of merit and qualifications. Contractor
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. Contractor shall not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction.
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.
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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.
22. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Construction Project. Contractor acknowledges it is aware of and shall comply with its
responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations
governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the
right to request proof of such compliance and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
23. Labor Relations:
a. Contractor shall post a legible statement of all wages and fringe benefits to
be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly
wage employees shall be paid weekly). Such posting shall be made in a prominent and
accessible location at the site of the Construction Project and shall be made no later than
the first day of work. Such posting shall be removed only upon the final completion of the
Construction Project and the termination of this Agreement.
b. In performing the terms and conditions of this Agreement and the work on
the Construction Project, Contractor shall give preference to the employment of bona fide
residents of Montana, as required by §18-2-403, MCA, and as such, term is defined by
§18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they
are assigned.
c. Pursuant to §18-2-403 and §18-2-422, MCA, Contractor shall pay wages,
benefits, and expenses in conformance with the current version of the Prevailing Wage
Rates for Highway Construction Services as published by the Montana Department of
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Labor and Industry and which are applicable to Gallatin County. Contractor shall pay all
hourly wage employees on a weekly basis. Violation of the requirements to pay applicable
prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407,
MCA. Contractor shall maintain payroll records and provide certified copies to the City.
Contractor shall maintain such payroll records during the term of this Agreement, the
course of the work on the Construction Project, and for a period of three (3) years following
the date of final completion of the Construction Project and termination of this Agreement.
d. In the event that, during the term of this Agreement and throughout the
course of Contractor’s performance of the Construction Project, any labor problems or
disputes of any type arise or materialize which in turn cause any work on the Construction
Project to cease for any period of time, Contractor specifically agrees to take immediate
steps, at its own expense and without expectation of reimbursement from City, to alleviate
or resolve all such labor problems or disputes. The specific steps Contractor shall take to
resume work on the Construction Project shall be left to the discretion of Contractor;
provided, however, that Contractor shall bear all costs of any related legal action.
Contractor shall provide immediate relief to the City so as to permit the work on the
Construction Project to resume and be completed within the time frames set forth in the
Construction Schedule at no additional cost to City.
b. Contractor shall indemnify, defend, and hold the City harmless from any
and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting
from, or occurring in connection with any labor problems or disputes or any delays or
stoppages of work associated with such problems or disputes.
24. Subcontractors:
a. Contractor may employ subcontractors for any work on the Construction
Project. Contractor shall provide City with a list of all subcontractors employed.
b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Construction Project.
c. Contractor is solely liable for any and all payments to subcontractors.
Contractor shall hold all payments received from the City in trust for the benefit of
subcontractors, and all such payments shall be used to satisfy obligations of the
Construction Project before being used for any other purpose. Contractor shall make any
payments due to any subcontractor within seven (7) days of Contractor’s receipt of
payment, including a proportional part of the retainage Contractor has received from the
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City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall
promptly pay the undisputed amount to the subcontractor and notify the subcontractor in
writing of the amount in dispute and the reasons for the dispute. Any withholding of
payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor
is unwilling or unable to make timely and proper payment to any subcontractor, City may
elect to withhold any payment otherwise due to Contractor and upon seven (7) days’
written notice to Contractor, may pay subcontractor by direct or joint payment.
d. Contractor will require any subcontractors hired for the Construction
Project to sign a Transfer and Assignment of Copyright for Public Artwork and a 1990
Visual Artists’ Rights Act Waiver.
25. Indebtedness and Liens: Before City may make any final payment to Contractor,
Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in
connection with the Construction Project. If the Contractor allows any indebtedness to accrue to
subcontractors or others during the progress of the work, and fails to pay or discharge the same
within five (5) days after demand, then City may either withhold any money due to Contractor
until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If
any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the
Contractor shall immediately notify the City and shall cause the same to be discharged of record
within thirty (30) days after its filing.
26. Hazard Communication: Contractor shall comply with all hazard communication
requirements dictated by the Environmental Protection Agency, the Montana Department of
Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City
ordinances. Contractor shall supply a chemical list, the associated material safety data sheets
(MSDS), and other pertinent health exposure data for chemicals that the Contractor’s,
subcontractor’s or the City’s employees may be exposed to while working on City property during
the course of the Construction Project. One copy of this documentation must be delivered to City
to the attention of the City’s Representative. This documentation must be delivered before work
involving these chemicals may commence.
27. Accounts and Records: During the term of this Agreement and for two (2) years
following the City’s final acceptance of the Construction Project, Contractor shall maintain
accounts and records related to the Construction Project. Upon reasonable notice, City shall have
the right to inspect all such accounts and records, including but not limited to, Contractor’s records,
books, correspondence, instructions, drawings, specifications, field and site notes, receipts,
invoices, bills, contracts, or other documents relating to the Construction Project.
28. Indemnification; Insurance; Bonds:
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a. Contractor agrees to release, defend, indemnify, and hold harmless the City,
its agents, representatives, employees, and officers (collectively referred to for purposes of
this Section as the City) from and against any and all claims, demands, actions, fees and
costs (including attorney’s fees and the costs and fees of and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any
party or parties that may be asserted against, recovered from or suffered by the City
occasioned by, growing or arising out of or resulting from or in any way related to: (i) the
negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless,
or intentional misconduct of any of the Contractor’s agents; or (iii) the negligent, reckless
or intentional misconduct of any other party.
b. Such obligations shall not be construed to negate, abridge, or reduce other
rights or obligations of indemnity that would otherwise exist. The indemnification
obligations of this Section must not be construed to negate, abridge, or reduce any
common-law or statutory rights of the indemnitee(s) which would otherwise exist as to
such indemnitee(s).
c. Contractor’s indemnity under this Section shall be without regard to and
without any right to contribution from any insurance maintained by City.
d. Should the City be required to bring an action against the Contractor to
assert its right to defense or indemnification under this Agreement or under the
Contractor’s applicable insurance policies required below the City shall be entitled to
recover reasonable costs and attorney fees incurred in asserting its right to indemnification
or defense but only if a court of competent jurisdiction determines the Contractor was
obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or
any portion(s) thereof.
e. In the event of an action filed against the City resulting from the City’s
performance under this Agreement, the City may elect to represent itself and incur all costs
and expenses of suit.
f. Contractor also waives any and all claims and recourse against the City,
including the right of contribution for loss or damage to person or property arising from,
growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or
property of another, or for violation of law, whether willful or negligent” as per 28-2-702,
MCA.
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g. These obligations shall survive termination of this Agreement and the
services performed hereunder.
h. In addition to and independent from the above, Contractor shall at
Contractor’s expense secure insurance coverage through an insurance company or
companies duly licensed and authorized to conduct insurance business in Montana which
insures the liabilities and obligations specifically assumed by the Contractor in this Section.
The insurance coverage shall not contain any exclusion for liabilities specifically assumed
by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to
all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed
against, recovered from, or suffered by the City without limit and without regard to the
cause therefore and which is acceptable to the City. Contractor shall furnish to the City an
accompanying certificate of insurance and accompanying endorsements in amounts not
less than as shown below:
• Workers’ Compensation – not less than statutory limits;
• Employers’ Liability - $1,500,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability (bodily injury and property damage) -
$1,500,000 per occurrence; $3,000,000 annual aggregate;
• Products and Completed Operations – $3,000,000;
• Automobile Liability - $1,500,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
• Builder’s Risk/Property Insurance at least as broad as that provided by the ISO
special causes of loss form (CP10 30) naming at a minimum the City in an
amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism,
malicious mischief, earthquake, collapse, debris removal, demolition occasioned
by enforcement of laws, water damage, flood if site within a flood plain, repair or
replacement costs, testing and start-up costs) on an all risk coverage basis.
• Owner’s and Contractor’s Protective Liability: one policy designating the City
(including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the City’s Representative (including its
consultants, consultants, agents and employees) as the insured on the declarations
with both policies covering: (i) operations performed by the Contractor under this
Agreement for the City; and (ii) the City’s and City’s Representatives acts or
omissions, including negligent acts, in connection with its general supervision of
the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence;
$3,000,000 aggregate;
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• Contractual Liability Insurance (covering the Contractor’s indemnity
obligations described in this Agreement) - $1,000,000 per occurrence $3,000,000
aggregate
The amounts of insurance provided shall be exclusive of defense costs. The City of
Bozeman shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include
no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify
City within two (2) business days of Contractor’s receipt of notice that any required
insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
i. Required Bonds. Contractor shall make, execute, purchase, maintain and deliver
to City performance and payment bonds in an amount at least equal to the Contractor’s
compensation under this Agreement, conditioned that the Contractor shall faithfully
perform of all of Contractor’s obligations under this Agreement and pay all laborers,
mechanics, subcontractors, material suppliers and all persons who supply the Contractor
or Contractor’s subcontractors with provisions, provender, material, or supplies for
performing work on the Construction Project. All bonds must be obtained with a surety
company that is duly licensed and authorized to transact business within the state of
Montana and to issue bonds for the limits so required. The surety company must have a
Best’s Financial Strength Rating of A, as rated by the A. M. Best Co., or an equivalent
rating from a similar rating service. All bonds must remain in effect throughout the life of
this Agreement and for a minimum of one (1) year following the date of expiration of
Contractor’s warranties. A certified copy of the agent’s authority to act must accompany
all bonds signed by an agent. If the surety on any bond furnished by Contractor is declared
bankrupt or becomes insolvent or its right to do business within the state of Montana is
terminated, Contractor shall promptly notify City and shall within twenty (20) days after
the event giving rise to such notification, provide another bond with another surety
company, both of which shall comply with all requirements set forth herein.
Bond Types and Amounts:
1. Performance Bond Equal to Contractor’s compensation amount
2. Labor and Materials Bond Equal to Contractor’s compensation amount
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29. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license
fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand
Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
30. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
31. Survival: Contractor’s indemnification and warranty obligations shall survive the
termination or expiration of this Agreement for the maximum period allowed under applicable
law.
32. 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.
33. Waiver: A waiver by City of any default or breach by Contractor of any covenants,
terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms,
or conditions or to pursue City’s rights in the event of any subsequent default or breach.
35. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any 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.
36. 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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37. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
38. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
39. Amendments: This Agreement may not be modified, amended, or changed in any
respect except by a written document signed by all parties.
40. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
41. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
42. Assignment: Contractor may not assign this Agreement in whole or in part without
the prior written consent of the City. No assignment will relieve Contractor of its responsibility
for the performance of the Agreement and the completion of the Construction Project. Contractor
may not assign to any third party other than Contractor’s subcontractors on the Construction
Project, the right to receive monies due from City without the prior written consent of City.
43. Authority: Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
44. Independent Contractor: The parties agree and acknowledge that in the
performance of this Agreement and the completion of the Construction Project, Contractor shall
render services as an independent contractor and not as the agent, representative, subcontractor, or
employee of the City. The parties further agree that all individuals and companies retained by
Contractor at all times will be considered the agents, employees, or independent contractors of
Contractor and at no time will they be the employees, agents, or representatives of the City.
45. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
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46. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Jeff Mihelich, City Manager
Print Name:
Title:
APPROVED AS TO FORM:
By: _______________________________
Greg Sullivan, City Attorney
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Constructive Solutions Inc.
Rob Evans
President
XXXXXXXXXXXXXXXXXXXXXXXXXXXX
Acting City Manager, Chuck Winn
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-1- Ex. C: Artwork Scope of Services Agreement
EXHIBIT C: ARTWORK SCOPE OF SERVICE AGREEMENT
CLIENT CONTACT: CONTRACTOR CONTACT:
City of Bozeman 121 N. Rouse Ave.
Bozeman, Montana 59715
Constructive Solutions Inc. 111 South Grand Ave. Room 223
Bozeman MT, 59715
Primary Contact: Ellie Staley, 406-581-3827 Primary Contact: Rob Evans, 406-570-5048
Term:
February 13, 2024 to September 30, 2024
Project Overview: Downtown Alley Enhancement Pilot Project. Visual enhancements via murals
and sculpture installations in and around the alley between North Tracy Avenue and North Black Avenue within the City of Bozeman, as specified in the contract documents. Service Details: Two murals are planned for the south (rear) elevation of the existing parking garage in the locations
shown on the attached exhibit. Each brick canvas will be a maximum of 430 square feet
(approximately 33 feet in height x 13 feet in width – see appendix). The murals relate to the adventure and exploration theme. Artwork may be figurative or abstract and may be paint, vinyl wrap, or other durable materials designed for outside. An artist fee of $6,000- $12,000/mural will be provided.
Three sculptures are planned for the south (rear) elevation of the existing parking garage in the
general locations shown on the attached exhibit. Some flexibility is expected for exact size and
placement. The sculptures relate to the adventure and exploration theme. Artwork may be figurative
or abstract and may be constructed of a variety of materials if said materials are durable and
designed to be located outside. An artist fee of $10,000-$15,000/sculpture will be provided.
Additional Services: N/A
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-2- Ex. C: Artwork Scope of Services Agreement
City of Bozeman Constructive Solutions Inc.
Signature: __________________________ Signature: _________________________
Printed: __________________________ Printed: _________________________
Title: __________________________ Title: _________________________
Date: __________________________ Date: _________________________
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Exhibit D: Clarke Transfer and Assignment of Copyright - Page 1 of 4 -
EXHIBIT D TRANSFER AND ASSIGNMENT OF COPYRIGHT 1. Parties. This Transfer and Assignment of Copyright (“Assignment”) made this
__________ (“Effective Date”) is by and between: Assignor. Kelsey Clarke, with a mailing address of 303 N. 9th Ave., Bozeman, MT 59715 (“Assignor”), and Assignee. Bozeman Downtown Urban Renewal District, an agency of the City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“Assignee”). The Assignor and the Assignee are each referred to herein as a “Party” and
collectively as the “Parties.” 2. Transfer and Assignment of Authored Projects. The Assignor, through this Assignment, transfers assigns to the Assignee of all the Assignor’s interest in:
a. The following registered copyrighted Artwork (“Artwork”): i. Copyright #1
• Author Name: Kelsey Clarke
• Title of Artwork 1: Birds Eye View ii. Copyright #2
• Author Name: Kelsey Clarke
• Title of Artwork 2: On the Horizon iii. Copyright #3
• Author Name: Kelsey Clarke
• Title of Artwork 3: Fish Eye Lens b. All the usual rights granted to the owner of a copyright under federal law,
including but not limited to the right to reproduce, publish, adapt, modify, distribute, create derivative Projects on, display, publicize, and transmit each Project; c. The right to register, as well as applications for registrations of each Project, with the U.S. Copyright Office, including any and all renewals
and extensions; d. The income, royalties, and damages due to the Assignor in regards to each Project, including damages for past or future infringements and misappropriations for each Project; e. The right to sue for past, present, and future infringements and
misappropriations for each Project. 3. Assignment Purchase. Payment for the Assignment is included in the amount due and as set forth in the Construction Agreement and incorporated Construction Documents.
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Exhibit D: Clarke Transfer and Assignment of Copyright - Page 2 of 4 -
4. Further Use of Project. This Assignment is exclusive. Unless otherwise specified in the Construction Agreement or its corresponding exhibits, once the effective date has passed, the Assignor may not make any further use of the
Project or derivatives without written, authorized consent from the Assignee and further may not challenge the Assignee’s use or ownership of the Artwork or the validity of the Artwork. 5. Authorship. In relation to authorship rights, following the effective date of this
Agreement, the Assignor maintains the right to be identified as the rightful author of the Artwork whenever the Artwork are reproduced, published, or otherwise publicly displayed. The authorship rights conferred in this section must be read in conjunction with the Waiver of Proprietary Rights. 6. Warranty. Assignor warrants and represents that: a. the Artwork is an original work of authorship;
b. the Assignor is the legal owner of the Artwork;
c. the Artwork does not infringe on any existing copyright;
d. Assignor has not entered into any other assignments, transfers, licenses,
contracts, or mutual understandings in conflict with the terms and
obligations of this Construction Agreement;
e. There are no claims currently pending or threatened, nor does Assignor
have any reason to believe that any claims will be brought or threatened in
the future against Assignor’s right, ownership, or interest in the Artwork.
7. Documentation. The Assignor will provide all documentation relating to the Artwork for the Assignee’s record-keeping needs, assertion of rights, or for any
other use. They will likewise sign any additional agreements or complete any
other lawful action reasonably necessary for a successful filing of the assignment with the United States government. 8. Integration and Modification. This document contains the entire Assignment
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 Assignment may not be modified except by
written agreement signed by both parties.
9. 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.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
238608
Exhibit D: Clarke Transfer and Assignment of Copyright - Page 3 of 4 -
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 Assignment.
10. No Third-Party Beneficiary. The terms and provisions of this Assignment 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.
11. Choice of Law. This Assignment shall be governed and construed in accordance
with the laws of the State of Montana without regard to conflict of law provisions.
The Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
12. Non-Waiver. A waiver by any Party of any default or breach by the other Party
of any terms or conditions of this Assignment 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.
13. Severability. If any portion of this Assignment is held to be void or
unenforceable, the balance of the Assignment shall continue in effect.
14. Counterparts. This Assignment may be executed in counterparts, which together
constitute one instrument.
15. Assignment and Delegation. Assignor may not subcontract or assign rights to
any other individual or corporation not listed in this Assignment.
16. Entire Agreement. This document constitutes the entire Assignment between the Parties. No modification or amendment of this Assignment shall be effective unless in writing and signed by both Parties.
17. Execution. The Assignor and the Assignee each represent and warrant to the other that each person executing this Assignment on behalf of each party is duly authorized to execute and deliver this Assignment on behalf of that party.
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.
Assignor’s Signature: _________________________ Date: ________________
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
239609
Exhibit D: Clarke Transfer and Assignment of Copyright - Page 4 of 4 -
Print Name: _________________________ Kelsey Clarke
Assignee’s Signature: _________________________ Date: ________________ Print Name: _________________________ Ellie Staley, Downtown Urban Renewal District
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
240610
Exhibit D: Dzintars Transfer and Assignment of Copyright - Page 1 of 3 -
EXHIBIT D TRANSFER AND ASSIGNMENT OF COPYRIGHT 1. Parties. This Transfer and Assignment of Copyright (“Assignment”) made this
__________ (“Effective Date”) is by and between: Assignor. Kelsey Dzintars, with a mailing address of 1504 Rainbow Road, Bozeman, MT 59715 (“Assignor”), and Assignee. Bozeman Downtown Urban Renewal District, an agency of the City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“Assignee”). The Assignor and the Assignee are each referred to herein as a “Party” and
collectively as the “Parties.” 2. Transfer and Assignment of Authored Projects. The Assignor, through this Assignment, transfers assigns to the Assignee of all the Assignor’s interest in:
a. The following registered copyrighted Artwork (“Artwork”): i. Copyright #1
• Author Name: Kelsey Dzintars
• Title of Artwork 1: “Adventure and Exploration” East Mural, Downtown Bozeman Alley Enhancement Project b. All the usual rights granted to the owner of a copyright under federal law,
including but not limited to the right to reproduce, publish, adapt, modify,
distribute, create derivative Projects on, display, publicize, and transmit each Project; c. The right to register, as well as applications for registrations of each Project, with the U.S. Copyright Office, including any and all renewals
and extensions;
d. The income, royalties, and damages due to the Assignor in regards to each Project, including damages for past or future infringements and misappropriations for each Project; e. The right to sue for past, present, and future infringements and
misappropriations for each Project.
3. Assignment Purchase. Payment for the Assignment is included in the amount due and as set forth in the Construction Agreement and incorporated Construction Documents.
4. Further Use of Project. This Assignment is exclusive. Unless otherwise specified in the Construction Agreement or its corresponding exhibits, once the effective date has passed, the Assignor may not make any further use of the Project or derivatives without written, authorized consent from the Assignee and
further may not challenge the Assignee’s use or ownership of the Artwork or the
validity of the Artwork.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
241611
Exhibit D: Dzintars Transfer and Assignment of Copyright - Page 2 of 3 -
5. Authorship. In relation to authorship rights, following the effective date of this Agreement, the Assignor maintains the right to be identified as the rightful author of the Artwork whenever the Artwork are reproduced, published, or otherwise
publicly displayed. The authorship rights conferred in this section must be read in conjunction with the Waiver of Proprietary Rights. 6. Warranty. Assignor warrants and represents that: a. the Artwork is an original work of authorship;
b. the Assignor is the legal owner of the Artwork;
c. the Artwork does not infringe on any existing copyright;
d. Assignor has not entered into any other assignments, transfers, licenses,
contracts, or mutual understandings in conflict with the terms and
obligations of this Construction Agreement;
e. There are no claims currently pending or threatened, nor does Assignor
have any reason to believe that any claims will be brought or threatened in
the future against Assignor’s right, ownership, or interest in the Artwork.
7. Documentation. The Assignor will provide all documentation relating to the Artwork for the Assignee’s record-keeping needs, assertion of rights, or for any other use. They will likewise sign any additional agreements or complete any other lawful action reasonably necessary for a successful filing of the assignment
with the United States government. 8. Integration and Modification. This document contains the entire Assignment
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 Assignment may not be modified except by
written agreement signed by both parties.
9. 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 Assignment.
10. No Third-Party Beneficiary. The terms and provisions of this Assignment are
intended solely for the benefit of each Party and their respective successors and
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
242612
Exhibit D: Dzintars Transfer and Assignment of Copyright - Page 3 of 3 -
assigns. It is not the Parties’ intent to confer third party beneficiary rights upon
any other person or entity.
11. Choice of Law. This Assignment shall be governed and construed in accordance
with the laws of the State of Montana without regard to conflict of law provisions.
The Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
12. Non-Waiver. A waiver by any Party of any default or breach by the other Party
of any terms or conditions of this Assignment 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.
13. Severability. If any portion of this Assignment is held to be void or
unenforceable, the balance of the Assignment shall continue in effect.
14. Counterparts. This Assignment may be executed in counterparts, which together
constitute one instrument.
15. Assignment and Delegation. Assignor may not subcontract or assign rights to
any other individual or corporation not listed in this Assignment.
16. Entire Agreement. This document constitutes the entire Assignment between the Parties. No modification or amendment of this Assignment shall be effective unless in writing and signed by both Parties.
17. Execution. The Assignor and the Assignee each represent and warrant to the other that each person executing this Assignment on behalf of each party is duly authorized to execute and deliver this Assignment on behalf of that party. 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. Assignor’s Signature: _________________________ Date: ________________ Print Name: _________________________ Kelsey Dzintars
Assignee’s Signature: _________________________ Date: ________________ Print Name: _________________________ Ellie Staley, Downtown Urban Renewal District
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
243613
Nall Waiver of Proprietary Rights - Page 1 of 3 -
EXHIBIT E WAIVER OF PROPRIETARY RIGHTS 1. Parties. This Waiver of Proprietary Rights (“Waiver”) made this __________
(“Effective Date”) is by and between: Assignor. Stella Nall (“Assignor”), with a mailing address of 1752 S. 14th Street W, Missoula, MT 59801; and Assignee. Bozeman Downtown Urban Renewal District, an agency of City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“Assignee”). The Assignor and the Assignee are each referred to herein as a “Party” and
collectively as the “Parties.” 2. Description of Assignor’s Authored Projects. The Assignor, through this Assignment, transfers assigns to the Assignee of all the Assignor’s interest in the following Artwork:
a. Artwork 1:
• Author Name: Stella Nall
• Title of Project: Baáchuuashe
• Located at: West Mural 1, refer to final plans 3. Waiver. Assignor voluntarily waives all rights to attribution and integrity with
respect to the Artwork, as described in the Construction Agreement and
corresponding exhibits, and any and all claims as may arise under the Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) (”VARA”), or any other local, state, foreign or international law that conveys the same or similar rights (“moral rights laws” as defined by VARA), with respect to the Artwork, its
display, removal from display, exhibition, installation, conservation, storage,
study, alteration and any other activities conducted by the Assignee, its officers, employees, agents, contractors, licensees, successors or assigns. If the Artwork is incorporated into a building such that the Artwork cannot be removed from the building or structure, and alternation, distortion, destruction, or other modification
(collectively, “modification”) of the Artwork occurs, Assignor-Author waives any
and all such claims under any moral rights laws arising out of or against any current or future owners of the Assignee, and its agents, officers and employees, for modification of the Artwork.
4. Assignor’s Right to Accreditation and Promotion. Assignor retains the right to
reproduce, publish, or display the Artwork in Assignor’s portfolios, websites,
galleries, design periodicals, or any other media or exhibit for the purpose of recognition of creative excellence or professional advancement, and to be credited with Assignor’s Authorship of the Artwork.
5. Right to Modify. The Assignee has the absolute right and retrains the sole
discretion to distort, mutilate, or other modification including, but not limited to,
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
244614
Nall Waiver of Proprietary Rights - Page 2 of 3 -
change, destroy, remove, relocate, move, replace, transport, repair or restore the Artwork, in whole or in part. The Assignee is not required to provide the Assignor with any notice of modification.
6. Third Party Claims. The Assignee has no obligation to pursue claims against
third parties for modifications or damage to the Artwork done without the Assignee’s authorization. However, the Assignee may pursue claims against third parties for modifications or damage or to restore the Artwork if the Artwork was modified without the Assignee’s authorization. In the event that the Assignee pursues such a claim, it shall notify the Assignor, who must cooperate with the
Assignee’s efforts to pursue such claims.
7. Authorship. If the Assignee modifies the Artwork without the Assignor’s consent in a manner that is prejudicial to Assignor’s reputation, Assignor retains the right to disclaim Authorship of the Artwork in accordance with 17 U.S.C. § 106A(a)(2)
and as set forth in section 3 of this Waiver. 8. Notice. As required under the U.S. Copyright Act, the Assignee must provide
notice if it wishes to remove the Project from a part of the building and the
removal can occur without destruction or modification of the Project. Assignee is
required to keep the Assignor informed of its updated mailing address.
9. 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 Waiver may be
considered valid or binding. This Waiver may not be modified except by written
agreement signed by both parties.
10. 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 Gallatin County, Montana.
11. No Third-Party Beneficiary. The terms and provisions of this Wavier 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.
12. Choice of Law. This Waiver shall be governed and construed in accordance with
the laws of the State of Montana without regard to conflict of law provisions. The
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
245615
Nall Waiver of Proprietary Rights - Page 3 of 3 -
Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
13. Non-Waiver. A waiver by either Party of any default or breach by the other Party
of any terms or conditions of this Waiver 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.
14. Severability. If any portion of this Waiver is held to be void or unenforceable, the
balance of the Assignment shall continue in effect.
15. Counterparts. This Waiver may be executed in counterparts, which together
constitute one instrument.
16. Assignment and Delegation. Assignor may not subcontract or assign rights to
any other individual or corporation not listed in this Waiver.
17. Entire Agreement. This document constitutes the entire Waiver between the
Parties. No modification or amendment of this Waiver shall be effective unless in
writing and signed by both Parties. 18. Execution. The Assignor and the Assignee each represent and warrant to the other that each person executing this Waiver on behalf of each party is duly
authorized to execute and deliver this Waiver on behalf of that party. 19. 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.
Assignor’s Signature: _________________________ Date: ________________
Print Name: _________________________
Stella Nall
Assignee’s Signature: _________________________ Date: ________________
Print Name: _________________________ Ellie Staley, Downtown Urban Renewal District
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
246616
Clarke Waiver of Proprietary Rights - Page 1 of 4 -
EXHIBIT E WAIVER OF PROPRIETARY RIGHTS
1. Parties. This Waiver of Proprietary Rights (“Waiver”) made this __________ (“Effective Date”) is by and between:
Assignor. Kelsey Clarke (“Assignor”), with a mailing address of 303 N. 9th Ave.,
Bozeman, MT 59715; and Assignee. Bozeman Downtown Urban Renewal District, an agency of City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771
(“Assignee”).
The Assignor and the Assignee are each referred to herein as a “Party” and collectively as the “Parties.”
2. Description of Assignor’s Authored Projects. The Assignor, through this
Assignment, transfers assigns to the Assignee of all the Assignor’s interest in the following Artwork: a. Artwork 1:
• Author Name: Kelsey Clarke
• Title of Project: Birds Eye View
• Located at: Parking Garage
b. Artwork 2:
• Author Name: Kelsey Clarke
• Title of Project: On the Horizon
• Located at: Parking Garage
c. Artwork 3:
• Author Name: Kelsey Clarke
• Title of Project: Fish Eye Lens
• Located at: Parking Garage 3. Waiver. Assignor voluntarily waives all rights to attribution and integrity with respect to the Artwork, as described in the Construction Agreement and
corresponding exhibits, and any and all claims as may arise under the Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) (”VARA”), or any other local, state, foreign or international law that conveys the same or similar rights (“moral rights laws” as defined by VARA), with respect to the Artwork, its display, removal from display, exhibition, installation, conservation, storage,
study, alteration and any other activities conducted by the Assignee, its officers, employees, agents, contractors, licensees, successors or assigns. If the Artwork is incorporated into a building such that the Artwork cannot be removed from the building or structure, and alternation, distortion, destruction, or other modification (collectively, “modification”) of the Artwork occurs, Assignor-Author waives any
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
247617
Clarke Waiver of Proprietary Rights - Page 2 of 4 -
and all such claims under any moral rights laws arising out of or against any current or future owners of the Assignee, and its agents, officers and employees,
for modification of the Artwork.
4. Assignor’s Right to Accreditation and Promotion. Assignor retains the right to reproduce, publish, or display the Artwork in Assignor’s portfolios, websites, galleries, design periodicals, or any other media or exhibit for the purpose of recognition of creative excellence or professional advancement, and to be credited
with Assignor’s Authorship of the Artwork.
5. Right to Modify. The Assignee has the absolute right and retrains the sole discretion to distort, mutilate, or other modification including, but not limited to, change, destroy, remove, relocate, move, replace, transport, repair or restore the Artwork, in whole or in part. The Assignee is not required to provide the Assignor
with any notice of modification.
6. Third Party Claims. The Assignee has no obligation to pursue claims against third parties for modifications or damage to the Artwork done without the Assignee’s authorization. However, the Assignee may pursue claims against third parties for modifications or damage or to restore the Artwork if the Artwork was
modified without the Assignee’s authorization. In the event that the Assignee
pursues such a claim, it shall notify the Assignor, who must cooperate with the Assignee’s efforts to pursue such claims.
7. Authorship. If the Assignee modifies the Artwork without the Assignor’s consent in a manner that is prejudicial to Assignor’s reputation, Assignor retains the right
to disclaim Authorship of the Artwork in accordance with 17 U.S.C. § 106A(a)(2)
and as set forth in section 3 of this Waiver. 8. Notice. As required under the U.S. Copyright Act, the Assignee must provide
notice if it wishes to remove the Project from a part of the building and the
removal can occur without destruction or modification of the Project. Assignee is
required to keep the Assignor informed of its updated mailing address.
9. 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 Waiver may be
considered valid or binding. This Waiver may not be modified except by written
agreement signed by both parties.
10. 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
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
248618
Clarke Waiver of Proprietary Rights - Page 3 of 4 -
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 Gallatin County, Montana.
11. No Third-Party Beneficiary. The terms and provisions of this Wavier 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.
12. Choice of Law. This Waiver shall be governed and construed in accordance with
the laws of the State of Montana without regard to conflict of law provisions. The
Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
13. Non-Waiver. A waiver by either Party of any default or breach by the other Party
of any terms or conditions of this Waiver 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.
14. Severability. If any portion of this Waiver is held to be void or unenforceable, the
balance of the Assignment shall continue in effect.
15. Counterparts. This Waiver may be executed in counterparts, which together
constitute one instrument.
16. Assignment and Delegation. Assignor may not subcontract or assign rights to
any other individual or corporation not listed in this Waiver.
17. Entire Agreement. This document constitutes the entire Waiver between the
Parties. No modification or amendment of this Waiver shall be effective unless in
writing and signed by both Parties. 18. Execution. The Assignor and the Assignee each represent and warrant to the other that each person executing this Waiver on behalf of each party is duly
authorized to execute and deliver this Waiver on behalf of that party. 19. 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.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
249619
Clarke Waiver of Proprietary Rights - Page 4 of 4 -
Assignor’s Signature: _________________________ Date: ________________
Print Name: _________________________
Kelsey Clarke
Assignee’s Signature: _________________________ Date: ________________
Print Name: _________________________ Ellie Staley, Downtown Urban Renewal District
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
250620
-1- Exhibit B: Scope of Services Agreement
EXHIBIT B: SCOPE OF SERVICE AGREEMENT CLIENT CONTACT: CONTRACTOR CONTACT:
Downtown Bozeman Partnership 222 East Main Street, Suite 302 Bozeman, Montana 59715
Constructive Solutions Inc. 111 S. Grand Ave. Suite 223 Bozeman, MT 59715 Primary Contact: Ellie Staley, ellie@downtownbozeman.org Primary Contact: Rob Evans, team@constructivesolutionsmt.com
Term: August 22, 2023 to September 30, 2024. Project Overview: Downtown Alley Enhancement Pilot Project. Enhancement Asphalt coating, visual enhancements via murals and sculpture installations, lighting improvements, landscape and hardscape improvements, site furnishings, signage, and miscellaneous other items in and around the alley
between North Tracy Avenue and North Black Avenue within the City of Bozeman, as specified in the contract documents. Service Details:
Notes: 1. Costs for mobilization, insurance, bonding, taxes, traffic control, etc. are incidental. Costs for these items are to be
included in the other bid item costs. No separate bid items are provided 2. There is a bid item for miscellaneous work provided below. We have assigned a cost of $15,000 to help cover any extra work that may be needed/required on the project. Extra work items must be pre-approved by the City Engineer.
ITE M DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE
1 Asphalt Protective Coating StreetBond Durashield 3,653 SF
2 Rock Bark 300 SF
3 Asphalt Protective Coating - River StreetBond MMA 4,040 SF
4 Curved Bench with Back 2 EA
5 Bench 1 EA
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
251621
-2- Exhibit B: Scope of Services Agreement
6 Concrete Path 44 SF
7 Sculpture & Brackets 3 EA
8 String Light & Frame 249 LF
9 LED Wall Wash Light 4 EA
10 LED Wall Mount Light 7 EA
11 Bike Rack 3 EA
12 Entry Wayfinding Sign & Brackets 2 EA
13 Painted Mural & Anti-Graffiti Coating 800 SF
14 Vinyl Art Wrap 2,795 SF
15 Historic Plaque 5 EA
16 Tree Pruning 2 EA
17 Landscape Planting & Related
Irrigation System Repairs/Retrofits Per Plans
18 Clean/Power Wash Trash Receptacle Alcove 2 EA
19 Holiday Lights Per Plans
20 Miscellaneous 1 Unit $15,000
Additional Services:
or Name City of Bozeman Contract
Signature: Signature :
Printed: Printed:
Title: Title:
Date: Date:
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
252622
NOTICE OF AWARD
Dated: August 9, 2023
TO: Constructive Solutions Inc.
ADDRESS: 111 South Grand Ave. Suite 223, Bozeman, MT 59715
CONTRACT FOR: The Downtown Alley Enhancement Pilot Project
You are notified that your Bid opened on July 17th, 2023 for the above Contract has been
considered. You are the apparent Successful Bidder and have been awarded a Contract for the:
The Contract Price of your Contract is: $298,513.28
Two (2) copies of each of the proposed Contract Documents have been signed and One copy
accompanies this Notice of Award for your records.
CITY OF BOZEMAN, MONTANA
BY: __________________________________
(CITY MANAGER)
BY: ___________________________________
(CITY CLERK)
DATE: _______________________________
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
253623
Exhibit D: Nall Transfer and Assignment of Copyright - Page 1 of 3 -
EXHIBIT D TRANSFER AND ASSIGNMENT OF COPYRIGHT 1. Parties. This Transfer and Assignment of Copyright (“Assignment”) made this
__________ (“Effective Date”) is by and between: Assignor. Stella Nall, with a mailing address of 1752 S. 14th Street W., Missoula, MT 59801 (“Assignor”), and Assignee. Bozeman Downtown Urban Renewal District, an agency of the City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“Assignee”). The Assignor and the Assignee are each referred to herein as a “Party” and
collectively as the “Parties.” 2. Transfer and Assignment of Authored Projects. The Assignor, through this Assignment, transfers assigns to the Assignee of all the Assignor’s interest in:
a. The following registered copyrighted Artwork (“Artwork”): i. Copyright #1
• Author Name: Stella Nall
• Title of Artwork 1: Baáchuuashe b. All the usual rights granted to the owner of a copyright under federal law, including but not limited to the right to reproduce, publish, adapt, modify,
distribute, create derivative Projects on, display, publicize, and transmit
each Project; c. The right to register, as well as applications for registrations of each Project, with the U.S. Copyright Office, including any and all renewals and extensions;
d. The income, royalties, and damages due to the Assignor in regards to each
Project, including damages for past or future infringements and misappropriations for each Project; e. The right to sue for past, present, and future infringements and misappropriations for each Project.
3. Assignment Purchase. Payment for the Assignment is included in the amount due and as set forth in the Construction Agreement and incorporated Construction Documents.
4. Further Use of Project. This Assignment is exclusive. Unless otherwise
specified in the Construction Agreement or its corresponding exhibits, once the effective date has passed, the Assignor may not make any further use of the Project or derivatives without written, authorized consent from the Assignee and further may not challenge the Assignee’s use or ownership of the Artwork or the
validity of the Artwork.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
254624
Exhibit D: Nall Transfer and Assignment of Copyright - Page 2 of 3 -
5. Authorship. In relation to authorship rights, following the effective date of this Agreement, the Assignor maintains the right to be identified as the rightful author of the Artwork whenever the Artwork are reproduced, published, or otherwise publicly displayed. The authorship rights conferred in this section must be read in
conjunction with the Waiver of Proprietary Rights. 6. Warranty. Assignor warrants and represents that: a. the Artwork is an original work of authorship;
b. the Assignor is the legal owner of the Artwork;
c. the Artwork does not infringe on any existing copyright;
d. Assignor has not entered into any other assignments, transfers, licenses,
contracts, or mutual understandings in conflict with the terms and
obligations of this Construction Agreement;
e. There are no claims currently pending or threatened, nor does Assignor
have any reason to believe that any claims will be brought or threatened in
the future against Assignor’s right, ownership, or interest in the Artwork.
7. Documentation. The Assignor will provide all documentation relating to the
Artwork for the Assignee’s record-keeping needs, assertion of rights, or for any other use. They will likewise sign any additional agreements or complete any other lawful action reasonably necessary for a successful filing of the assignment with the United States government.
8. Integration and Modification. This document contains the entire Assignment
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 Assignment may not be modified except by
written agreement signed by both parties.
9. 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 Assignment.
10. No Third-Party Beneficiary. The terms and provisions of this Assignment are
intended solely for the benefit of each Party and their respective successors and
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
255625
Exhibit D: Nall Transfer and Assignment of Copyright - Page 3 of 3 -
assigns. It is not the Parties’ intent to confer third party beneficiary rights upon
any other person or entity.
11. Choice of Law. This Assignment shall be governed and construed in accordance
with the laws of the State of Montana without regard to conflict of law provisions.
The Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
12. Non-Waiver. A waiver by any Party of any default or breach by the other Party
of any terms or conditions of this Assignment 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.
13. Severability. If any portion of this Assignment is held to be void or
unenforceable, the balance of the Assignment shall continue in effect.
14. Counterparts. This Assignment may be executed in counterparts, which together
constitute one instrument.
15. Assignment and Delegation. Assignor may not subcontract or assign rights to
any other individual or corporation not listed in this Assignment.
16. Entire Agreement. This document constitutes the entire Assignment between the Parties. No modification or amendment of this Assignment shall be effective unless in writing and signed by both Parties.
17. Execution. The Assignor and the Assignee each represent and warrant to the other that each person executing this Assignment on behalf of each party is duly authorized to execute and deliver this Assignment on behalf of that party. 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. Assignor’s Signature: _________________________ Date: ________________ Print Name: _________________________ Stella Nall
Assignee’s Signature: _________________________ Date: ________________ Print Name: _________________________ Ellie Staley, Downtown Urban Renewal District
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
256626
Dzintars Waiver of Proprietary Rights - Page 1 of 4 -
EXHIBIT E WAIVER OF PROPRIETARY RIGHTS 1. Parties. This Waiver of Proprietary Rights (“Waiver”) made this __________
(“Effective Date”) is by and between: Assignor. Kelsey Dzintars (“Assignor”), with a mailing address of 1504 Rainbow Road, Bozeman, MT 59715; and Assignee. Bozeman Downtown Urban Renewal District, an agency of City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“Assignee”). The Assignor and the Assignee are each referred to herein as a “Party” and
collectively as the “Parties.” 2. Description of Assignor’s Authored Projects. The Assignor, through this Assignment, transfers assigns to the Assignee of all the Assignor’s interest in the following Artwork:
a. Artwork 1:
• Author Name: Kelsey Dzintars
• Title of Project: Downtown Bozeman Alley Enhancement Project
• Located at: Downtown Bozeman Parking Garage, East Panel (Black St.)
3. Waiver. Assignor voluntarily waives all rights to attribution and integrity with
respect to the Artwork, as described in the Construction Agreement and corresponding exhibits, and any and all claims as may arise under the Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) (”VARA”), or any other local, state, foreign or international law that conveys the same or similar
rights (“moral rights laws” as defined by VARA), with respect to the Artwork, its
display, removal from display, exhibition, installation, conservation, storage, study, alteration and any other activities conducted by the Assignee, its officers, employees, agents, contractors, licensees, successors or assigns. If the Artwork is incorporated into a building such that the Artwork cannot be removed from the
building or structure, and alternation, distortion, destruction, or other modification
(collectively, “modification”) of the Artwork occurs, Assignor-Author waives any and all such claims under any moral rights laws arising out of or against any current or future owners of the Assignee, and its agents, officers and employees, for modification of the Artwork.
4. Assignor’s Right to Accreditation and Promotion. Assignor retains the right to
reproduce, publish, or display the Artwork in Assignor’s portfolios, websites, galleries, design periodicals, or any other media or exhibit for the purpose of recognition of creative excellence or professional advancement, and to be credited with Assignor’s Authorship of the Artwork.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
257627
Dzintars Waiver of Proprietary Rights - Page 2 of 4 -
5. Right to Modify. The Assignee has the absolute right and retrains the sole discretion to distort, mutilate, or other modification including, but not limited to, change, destroy, remove, relocate, move, replace, transport, repair or restore the Artwork, in whole or in part. The Assignee is not required to provide the Assignor
with any notice of modification.
6. Third Party Claims. The Assignee has no obligation to pursue claims against third parties for modifications or damage to the Artwork done without the Assignee’s authorization. However, the Assignee may pursue claims against third parties for modifications or damage or to restore the Artwork if the Artwork was
modified without the Assignee’s authorization. In the event that the Assignee pursues such a claim, it shall notify the Assignor, who must cooperate with the Assignee’s efforts to pursue such claims.
7. Authorship. If the Assignee modifies the Artwork without the Assignor’s consent
in a manner that is prejudicial to Assignor’s reputation, Assignor retains the right
to disclaim Authorship of the Artwork in accordance with 17 U.S.C. § 106A(a)(2) and as set forth in section 3 of this Waiver. 8. Notice. As required under the U.S. Copyright Act, the Assignee must provide
notice if it wishes to remove the Project from a part of the building and the
removal can occur without destruction or modification of the Project. Assignee is
required to keep the Assignor informed of its updated mailing address.
9. 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 Waiver may be
considered valid or binding. This Waiver may not be modified except by written
agreement signed by both parties.
10. 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 Gallatin County, Montana.
11. No Third-Party Beneficiary. The terms and provisions of this Wavier 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.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
258628
Dzintars Waiver of Proprietary Rights - Page 3 of 4 -
12. Choice of Law. This Waiver shall be governed and construed in accordance with
the laws of the State of Montana without regard to conflict of law provisions. The
Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
13. Non-Waiver. A waiver by either Party of any default or breach by the other Party
of any terms or conditions of this Waiver 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.
14. Severability. If any portion of this Waiver is held to be void or unenforceable, the
balance of the Assignment shall continue in effect.
15. Counterparts. This Waiver may be executed in counterparts, which together
constitute one instrument.
16. Assignment and Delegation. Assignor may not subcontract or assign rights to
any other individual or corporation not listed in this Waiver.
17. Entire Agreement. This document constitutes the entire Waiver between the Parties. No modification or amendment of this Waiver shall be effective unless in writing and signed by both Parties. 18. Execution. The Assignor and the Assignee each represent and warrant to the
other that each person executing this Waiver on behalf of each party is duly authorized to execute and deliver this Waiver on behalf of that party. 19. 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. Assignor’s Signature: _________________________ Date: ________________
Print Name: _________________________ Kelsey Dzintars
Assignee’s Signature: _________________________ Date: ________________ Print Name: _________________________
Ellie Staley, Downtown Urban Renewal District
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
259629
Dzintars Waiver of Proprietary Rights - Page 4 of 4 -
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
260630
DOWNTOWN BOZEMAN
ALLEY ENHANCEMENT
PILOT PROJECT
Final Artwork Plans and Drawings
Date: 1/23/2024
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
261631
Final Artwork Plans and Drawings | Date: 1/23/2024
5'5'5'5'5'30'-8"1050 20
N
1
L201 1" = 10'-0"
Parking Garage Elevation
ENTRY WAYFINDING SIGNAGE NOTVISIBLE IN ELEVATION VIEW. SEE
L500, DETAIL 1 FOR CONCEPTUAL
SIGN CHARACTER AND PLACEMENT
EXISTING TRASH RECEPTACLE
ALCOVE
EXISTING TREE TO
REMAIN. TREE TO BE WRAPPED WITH HOLIDAYLIGHTS. SEE LIGHTING SCHEDULE, SHEET L001.
EXISTING TRASH RECEPTACLE
ALCOVE
HISTORIC PLAQUELOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
APPROXIMATESCULPTURE LOCATION
(EXACT LOCATION TO BE
COORDINATED W/CITYOF BOZEMAN.
VINYL ART WRAP
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUELOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUETO BE MOUNTED AT 5' HEIGHT
ALL GREY PANELS TO BE VINYL ART WRAP ALL GREY PANELS TO BE VINYL ART WRAP
ALL GREY PANELS TO BE VINYL ART WRAP
EXISTING WALL LIGHTEXISTING WALL LIGHT
EXISTING WALL LIGHT EXISTING WALL LIGHT
EXISTING WALL LIGHT
LED WALL WASH
LIGHTS. SEE L400
LED WALL MOUNT LIGHT.
SEE L400
APPROXIMATE SCULPTURELOCATION. (EXACT LOCATION TO BE
COORDINATED W/ CITY OF BOZEMAN
LED WALL MOUNT LIGHT.
SEE L400 LED WALL MOUNT LIGHT, SEE L400
LED WALL WASH LIGHTS. SEE L400
APPROXIMATE SCULPTURE
LOCATION. (EXACT LOCATION TO BE
COORDINATED W/ CITY OF BOZEMAN
West Mural (1)
Artist: Stella Nall
West Mural (1)
Colors:
this fur pattern will be present on the whole being,I just don’t like to render all of it for sketches because it is quite time consuming :-) It is characteristic of mypainting, and was inspired by the back stitching of beadwork.
Title: Baáchuuaashe(baáchuu 'berry' + áashi 'river', the Crow name for Bozeman
Statement:
As an artist I am driven by three primary forces: to process my experiences, to connect with others, and to advocate for change. Through this mural I hope to direct thought towards our relationship with the earth, and to celebrate the plants and animals that we share it with. My work often features imaginary creatures which tell a story. This happy creature’s belly is full of berries which are all edible and native to this area. I included this imagery to give thanks for the abundance of nature which we are so fortunate to live in and around, and the joy and nourishment which it provides us. By naming this Bozeman-being the Apsáalooke (Crow) name for this land, Baáchuuaashe, I hope to honor my ancestors who traveled here before us, to share our language, and to cele-brate the active presence of Indigenous members of the Bozeman community today. Growing up in Bozeman, I didn’t see very much Native American artwork, and it was discouraging to my goals of becoming a professional artist. I am excited to help provide more public Indigenous art for our community, and hope to help encourage future generations to continue working to make Bozeman an inclusive place for everyone.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
262632
5'5'5'5'5'30'-8"1050 20
N
1
L201 1" = 10'-0"
Parking Garage Elevation
ENTRY WAYFINDING SIGNAGE NOTVISIBLE IN ELEVATION VIEW. SEE
L500, DETAIL 1 FOR CONCEPTUAL
SIGN CHARACTER AND PLACEMENT
EXISTING TRASH RECEPTACLE
ALCOVE
EXISTING TREE TO
REMAIN. TREE TO BE WRAPPED WITH HOLIDAYLIGHTS. SEE LIGHTING SCHEDULE, SHEET L001.
EXISTING TRASH RECEPTACLE
ALCOVE
HISTORIC PLAQUELOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
APPROXIMATESCULPTURE LOCATION
(EXACT LOCATION TO BE
COORDINATED W/CITYOF BOZEMAN.
VINYL ART WRAP
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUELOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUETO BE MOUNTED AT 5' HEIGHT
ALL GREY PANELS TO BE VINYL ART WRAP ALL GREY PANELS TO BE VINYL ART WRAP
ALL GREY PANELS TO BE VINYL ART WRAP
EXISTING WALL LIGHTEXISTING WALL LIGHT
EXISTING WALL LIGHT EXISTING WALL LIGHT
EXISTING WALL LIGHT
LED WALL WASH
LIGHTS. SEE L400
LED WALL MOUNT LIGHT.
SEE L400
APPROXIMATE SCULPTURELOCATION. (EXACT LOCATION TO BE
COORDINATED W/ CITY OF BOZEMAN
LED WALL MOUNT LIGHT.
SEE L400 LED WALL MOUNT LIGHT, SEE L400
LED WALL WASH LIGHTS. SEE L400
APPROXIMATE SCULPTURE
LOCATION. (EXACT LOCATION TO BE
COORDINATED W/ CITY OF BOZEMAN
East Mural (2)
Artist: Kelsey Dzintars
East Mural (2)
Final Artwork Plans and Drawings | Date: 1/23/2024
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
263633
Bird sculpture to be shifted
up to meet 30' clearance
requirement for dumpster
pads.
Final Artwork Plans and Drawings | Date: 1/23/2024
5'5'5'5'5'30'-8"1050 20
N
1
L201 1" = 10'-0"
Parking Garage Elevation
ENTRY WAYFINDING SIGNAGE NOTVISIBLE IN ELEVATION VIEW. SEE
L500, DETAIL 1 FOR CONCEPTUAL
SIGN CHARACTER AND PLACEMENT
EXISTING TRASH RECEPTACLE
ALCOVE
EXISTING TREE TO
REMAIN. TREE TO BE WRAPPED WITH HOLIDAYLIGHTS. SEE LIGHTING SCHEDULE, SHEET L001.
EXISTING TRASH RECEPTACLE
ALCOVE
HISTORIC PLAQUELOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
APPROXIMATESCULPTURE LOCATION
(EXACT LOCATION TO BE
COORDINATED W/CITYOF BOZEMAN.
VINYL ART WRAP
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUELOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUETO BE MOUNTED AT 5' HEIGHT
ALL GREY PANELS TO BE VINYL ART WRAP ALL GREY PANELS TO BE VINYL ART WRAP
ALL GREY PANELS TO BE VINYL ART WRAP
EXISTING WALL LIGHTEXISTING WALL LIGHT
EXISTING WALL LIGHT EXISTING WALL LIGHT
EXISTING WALL LIGHT
LED WALL WASH
LIGHTS. SEE L400
LED WALL MOUNT LIGHT.
SEE L400
APPROXIMATE SCULPTURELOCATION. (EXACT LOCATION TO BE
COORDINATED W/ CITY OF BOZEMAN
LED WALL MOUNT LIGHT.
SEE L400 LED WALL MOUNT LIGHT, SEE L400
LED WALL WASH LIGHTS. SEE L400
APPROXIMATE SCULPTURE
LOCATION. (EXACT LOCATION TO BE
COORDINATED W/ CITY OF BOZEMAN
Sculptures (3 sculptures)
Artist: Kelsey Clark
Extracted Topography Elements on the full Elevation of the Parking Garage
“Fish Eye lens” animates
the hyalite Reservoir
and surrounding water
elements
“On the horizon”
Animates the Downtown
Bozeman street-scape
“Birds Eye View”
Animates the Bridger
mountain range
NOTES
1) Sculptures and mounting details will be closely coordinated with the City of Bozeman to ensure required
clearances are maintained. 30 feet of vertical clearance to be maintained over dumpster tip pads.
2) Prior to installation, the DBP will provide the City a structural engineer report with mounting details,
elevations, and height for review and approval. See the following pages for the preliminary design.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
264634
Alley Ways are highly underused public corridors
that have the potential for unexpected interaction and
adventures. The objective of this art-scape is to turn this
underutilized space into an interactive journey through
the Bozeman Landscape. The Sculptures revitalize THE alley,
Leading the public to possible adventures in the area, and
inspiring further exploration.
Against the backdrop of the tall buildings, limited
light and muted tones, the contrasting bright colors of
the sculptures enliven the alley and catches the public’s
attention. The three sculptures protrude from the wall
making them more visible and encouraging the public to
explore the corridor. From far away only the shapes of the
animals are recognizable, Acting as a prelude to the elements
they represent. Each sculpture was designed in a way to
look as if it was leaping out of each animal’s corresponding
landscape feature. As the public approaches the sculptures,
their place in the Bozeman topography becomes recognized
and a spark for exploration is ignited.
GallatinThe
CORRIDOR
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
265635
Each sculpture corresponds to a backdrop displaying
a significant and recognizable feature of the Gallatin Valley.
If a map was placed over the Elevation of parking garage the
backdrops correlate to the exact geographic location in
relation to each other. Upon approaching these the sculptures
the Backdrops become more recognizable and the connection
to the Landscape becomes more realized. This Idea can be
strengthened by providing access to a visual graphic of the
full map at both ends of the alleyway. This Provides a plan of
action to explore the areas experienced in the art-scape.
These Backdrops were designed to enhance the
Art, but also to incorporate a Barrier to limit access to
the sculptures. The openings in the facade of the parking
garage Allow access to climb or vandalize the sculptures.
The backdrop blends a functional safety element into a Key
feature of the art piece. This addition brings depth to the
artistic concept and adds another layer of complexity To the
experience through the Alley. Functional art!
Bozeman’s unique culture would not be the same
without its breathtaking mountains, rivers and valleys. This
art sculpture strives to empower the public with a better
understanding of possibilities of adventure and exploration
in this area. This project aims to revitalize the downtown area
by creating a visually appealing art-scape that is informative
and intrigues the public to activate this unused space. Once
immersed in the alley, the public is able to interact with
bozeman in a unique and playful way that connects them to
this beautiful landscape.
-Metallic Weaver
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
266636
Map Placement on the Full Elevation of the Parking Garage
Extracted Topography Elements on the full Elevation of the Parking Garage
“Fish Eye lens” animates
the hyalite Reservoir
and surrounding water
elements
“On the horizon”
Animates the Downtown
Bozeman street-scape
“Birds Eye View”
Animates the Bridger
mountain range
All of the extracted backdrop’s locations correlate directly to a map of the Gallatin Valley giving a scale and reference to the highlighted topography
elements. Once the map is removed a perceptual phenomenon occurs called “Filling-in at the blind spot”, where the visual system fills the informational void
with surrounding visual attributes. Once the relationship of the landscape to the art sculptures is realized, the public actively uses their imagination to fill
in the adventure they desire.
Bird sculpture to be shifted up to meet 30' clearance
requirement for dumpster pads.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
267637
14’6’17’ 4”North Alley Elevation Scale reference South Alley Elevation close up
Semi truck with maximum
height allowed in Montana
These Views display the
relative size and location
of the sculptures to each
other, the ground and
activity in the alley.
3’10”9’5”30' of clearance
required to be
maintained over
dumpster pads.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
268638
Front Elevation
DIMENSIONS: 92”h x 64”w x 56”d
WEIGHT: 600 LBS (generous and rounded up)
Material: Mild Steel
Finish: Golden yellow Powder coat
Description:
The “Birds Eye View” is a large Hawk sculpture that brings attention to the possibilities of Mountain adventures in the Bozeman
area. This figure brings attention to prominent topography elements, viewing them just like a bird soaring through the air. The Bird
is positioned to look as if it was flying out of the Bridger range topography By Sacajawea Peak. The Sculpture is colored to match
the topography elements of the wall backdrop, visually emphasizing the possible terrain exploration in this area. The lattice
Slate design of the bird is composed of 2-d parts to create The 3-d shape of the sculpture. This method mimics the 2-d graphics of
the backdrop and gives the illusion that the graphics are FLYING of the wall and morphing into the shape of the Bird. The Landscape
backdrop camouflages a steel metal mesh screen, inhibiting access to the sculpture. By strengthening the connection of the 2-d
world to the 3-d world, the possible adventure in the bozeman terrain can be realized through “Birds Eye View”.
Steel Mesh Screen
Topography backdrop
Sculpture
Bird sculpture to be shifted up to meet 30' clearance
requirement for dumpster pads.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
269639
Steel Mesh screen
with a 10 g steel
frame bolted to
the concrete and
steel topography
1/4” steel plate
welded to the
sculpture and
bolted to the
concrete
(wing mount)
Topography lines
cut out of 14 g
steel and bolted
To the concrete
and Steel mesh
Screen
Black cut vinyl
elevation call outs
Black powder
coated 14 g steel
mountain peak
call outs bolted
to the steel
topography
Left Lower Corner Orthographic view
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
270640
slat design adds
to the rigidity of
the structure and
allows for wind to
pass through
Topography lines cut
out of 14 g steel and
bolted To the concrete
and Steel mesh Screen
Steel Mesh screen
with a 10 g steel
frame bolted to
the concrete and
steel topography
Black cut vinyl
elevation call outs
Black powder
coated 14 g steel
mountain peak
call outs bolted
to the steel
topography
1/4” steel plate
welded to the
sculpture and
bolted to the
concrete
(Tail mount)
Right Lower Corner Orthographic view
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
271641
Front View
Bottom View 22”10.25”56”1/4” steel plate welded
to the sculpture and
bolted to the concrete.
Topography ELEVATION
LINES cut out of 14 g
steel and bolted to
the concrete AND MESH
SCREEN
Black cut vinyl
elevation call outs
Black powder
coated 14 g steel
mountain peak call
outs bolted to the
steel topography
Steel Mesh screen
with a 10 g steel
frame bolted to
the concrete and
steel topography 45.75”92”64”
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
272642
West View East View
1/4” steel plate bolted to concrete (Wing Mount)
10 g steel plate welded to the 1/4’ wall plate steel plate
(thicker steel plate used for stronger wall connection)
14 G steel plate
BOLTED together
(thiner steel
plate used to
reduce weight)
1/4” steel plate
bolted to concrete
(tail mount)
10 g steel plate welded to the
1/4’ wall plate steel plate
(thicker steel plate used for
stronger wall connection)
14 G steel plate
BOLTED together
(thiner steel
plate used to
reduce weight)
56”45.75”92”Steel screen bolted to the concrete
topography backdrop bolted to the concrete and screen
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
273643
DIMENSIONS: 35”W x 112.25”h x 39.75”D
WEIGHT: 750 LBS (generous and rounded up)
Material: Mild Steel
Finish: Rusted Copper colored powder coat
Description:
“On the Horizon” is a large bobcat sculpture that brings attention
to the possibilities of Urban adventure in the Bozeman area. This
figure represents the methods of exploring the downtown area
on the ground level, just like how a bobcat would explore the
wilderness. The Sculpture is positioned to look as if it was Climbing
out of the streets of bozeman, reaching for further exploration
in this area. Amongst the Downtown background display, the exact
location of the alley in relation to all three sculptural elements
is highlighted, emphasizing the public’s connection to the landscape
and bringing a level of personal relation to the sculpture. THE
ROADS ARE THE VEINS OF adventure, SHOWING HOW TO ACCESS areas of
exploration. The Sculpture is colored to match the road graphic
elements of the Steel wall background, visually emphasizing the
possible urban exploration in this area and sparking inspiration
to explore. The Copper color connects the man-made roads of the
landscape to the industrial copper industry, WHICH has shaped many
towns in Montana. The lattice Slate design is composed of 2-d parts
to create The 3-d shape of the sculpture. This method mimics the 2-d
graphics and gives the illusion that the graphics are CLIMBING of
the wall and morphing into the shape of the Bobcat. The Landscape
backdrop camouflages a steel metal mesh screen, inhibiting access
to the sculpture. By strengthening the connection of the 2-d world
to the 3-d world, the urban adventure can be realized through “on
the horizon”. Front Elevation
Steel Mesh Screen
Topography backdrop
Sculpture
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
274644
Right Lower Corner Orthographic view
Steel Mesh screen
with a 10 g steel
frame bolted to
the concrete and
steel topography
11/4” steel plate fabricated to look like a
rock, welded to the sculpture and bolted
to the concrete (Front feet MOUNT)
1/4” steel plate
fabricated to look
like a rock, welded
to the sculpture
and bolted to the
concrete
(LEFT FOOT MOUNT)
Roads cut out of 14 g steel and bolted
To the concrete and Steel mesh Screen
Black cut vinyl
street call outs
Black powder coated 14 g steel
urban area call outs bolted to
the steel topography
Slat design adds
to the rigidity of
the structure and
allows for wind to
pass through
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
275645
Left Lower Corner Orthographic view
Steel Mesh screen
with a 10 g steel
frame bolted to the
concrete and steel
BACKGROUND
1/4” steel plate fabricated to
look like a rock, welded to the
sculpture and bolted to the
concrete (Front feet mount)
ROAD lines cut out
of 14 g steel and
bolted To the con-
crete and Steel
mesh Screen
Black cut vinyl
road call outs
1/4” steel plate fabricated to
look like a rock, welded to the
sculpture and bolted to the
concrete (left foot mount)
Slat design adds to the rigidity
of the structure and allows
for wind to pass through
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
276646
Front View
Bottom View 22”10.25”Roads cut out of 14 g
steel and bolted to
the concrete AND MESH
SCREEN
Steel Mesh screen
with a 10 g steel
frame bolted to
the concrete and
steel topography
Black cut vinyl Road
call outs
1/4” steel plate
fabricated to
look like a rock,
welded to the
sculpture and
bolted to the
concrete
(Front feet and
Left foot mount) 39.75”50”35”112.25”DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
277647
1/4” steel
plate bolted to
concrete (tail
mount)
10 g steel plate
welded to the
1/4’ wall plate
steel plate
(thicker steel
plate used for
stronger wall
connection)
10 g steel plate
welded to the
1/4’ wall plate
steel plate
(thicker steel
plate used for
stronger wall
connection)
14 G steel plate
BOLTED together
(thiner steel
plate used to
reduce weight)
39.75”50”112.25”Steel screen
bolted to the
concrete
road backdrop
bolted to the
concrete and
screen
West View East View
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
278648
DIMENSIONS: 72.5”h x 71“w X 55”d
WEIGHT: 500 LBS (generous and rounded up)
Material: Mild Steel
Finish: Teal Blue Powder coat
Description:
The “Fish eye Lens” is a large trout fish sculpture that brings attention to the possibilities of water adventure
in the Bozeman area. This figure represents the Hyalite area on the water level, just like how a fish would ex-
plore the rivers and lakes. The Fish is positioned to look as if it was leaping out of hyalite Reservoir (a prominent
and recognizable water element of this area). The Sculpture is colored to match the water graphic elements of
the steel wall background, visually emphasizing the possible aquatic exploration in this area. The lattice Slate
design is composed of 2-d parts to create The 3-d shape of the sculpture. This method mimics the 2-d graphics and
gives the illusion that the graphics are leaping of the wall and morphing into the shape of the fish. The Land-
scape back drop camouflages a steel metal mesh screen, inhibiting access to the sculpture. By strengthening
the connection of the 2-d world to the 3-d world the water adventure can be realized through the fish eye Lens.
Front Elevation
Steel Mesh Screen
Topography backdrop
Sculpture
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
279649
Right Lower Corner Orthographic view
Steel Mesh
screen with a
10 g steel frame
bolted to the
concrete and
steel RIVERS
1/4” steel plate welded to the
sculpture and bolted to the
concrete (NOSE AND TAIL MOUNT)
RIVERS cut out of 14 g steel and bolted
To the concrete and Steel mesh Screen
Black cut vinyl
RIVER call outs
Slat design adds
to the rigidity
of the structure
and allows for
wind to pass
throughBlack powder coated 14 g steel LAKE call outs
bolted to the steel AQUATIC BACKDROP
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
280650
Left Lower Corner Orthographic view
Slat design adds to the rigidity
of the structure and allows for
wind to pass through
1/4” steel plate
welded to the
sculpture and
bolted to the
concrete (NOSE
AND TAIL MOUNT)
Steel Mesh screen
with a 10 g steel frame
bolted to the concrete
and steel RIVERS
Black cut vinyl
RIVER call outs RIVERS cut out of 14 g steel and bolted
To the concrete and Steel mesh Screen
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
281651
22”10.25”Black powder coat-
ed 14 g steel lake
call outs bolted to
the steel aquatic
background
Steel Mesh screen
with a 10 g steel
frame bolted to the
concrete and steel
rivers
1/4” steel plate welded to the
sculpture and bolted to the
concrete (NOSE AND TAIL MOUNT) Black cut vinyl river
call outs
RIVERS cut out of 14 g steel and bolted
To the concrete and Steel mesh Screen
55”44.75”71”72.5”Front View
Bottom View
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
282652
10 g steel plate welded to the 1/4’ wall plate steel plate
(thicker steel plate used for stronger wall connection)
14 G steel plate BOLTED
together (thiner steel
plate used to reduce
weight)
14 G steel plate
BOLTED together
(thiner steel
plate used to
reduce weight)
1/4” steel plate bolted to concrete (Nose Mount)
1/4” steel plate bolted to concrete (tail Mount)
55”44.75”72.5”Steel screen bolted to the concrete
River backdrop bolted to the concrete and screen
West View East View
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
283653
Change Order
Order#: 11
Project: To: Downtown Bozeman Partnership
222 East Main Street
Suite 302
Bozeman MT 59715
63
Alley Improvement Project
222 East Main Street
Suite 302
Bozeman MT 59715
298,513.29
The contractor agrees to perform and the owner agrees to
pay for the following changes to this contract.
Requested Amount of Change
26,387.50
License:
The original Contract Sum was
Plans Attached
324,900.78
Contractor:
Owner: Date:
Date:
Negative changes will lower the overall contract
price requiring no additional payment by owner.
Order Date:
Ordered By: Customer Order:
02/14/2025
Net change by previous Change Orders
The Contract Sum prior to this Change Order
The Contract Sum will be changed by this Change Order
The new Contract Sum including this Change Order will be
The Contract Time will be changed by
324,900.78
23564
0.00
0.00
Days
47565
Constructive Solutions, Inc.
P.O. Box 11529
Bozeman MT 59719
406-404-1560
Specifications Attached
AmountDescription of Work
Completion Date Change From 04/01/25 to 06/30/25
284
Page 1 of 1
CHANGE ORDER No. 05
DATE OF ISSUANC E February 24, 2024 EFFECTIVE DATE February 24, 2024
CONTRACTOR Constructive Solutions, Inc
OWNER's Contract No.
OWNER City of Bozeman Contract: 2023 Alley Improvement Project Project: 2023 Alley Improvement Project ENGINEER City of Bozeman ENGINEER's Contract No.
You are directed to make the following changes in the Contract Documents:
Description: Timeline change/no cost
Reason for Change Order: Hostile weather conditions, Supply chain (bench,
sign and lighting) and sub-contractor availability
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract
Price $298,513.28
Original Contract Times: Substantial Completion: Ready for final payment: (days or dates)
Net Increase (Decrease) from previous Change Orders No. 1 to 4 :
$ 26,387.50 Substantial Completion: Ready for final payment: (days)
Contract Price prior to this Change Order:
$ 324,900.78
Contract Times prior to this Change Order: Substantial Completion: Ready for final payment (days or dates)
Net increase (decrease) of this Change Order:
$ 0.00
Net increase (decrease) this Change Order:
(days)
Contract Price with all approved Change Orders:
$ 324,900.78
Contract Times with all approved Change Orders:
Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct.
CONTRACTOR (Authorized Signature) Date
RECOMMENDED BY: APPROVED BY:
(ENGINEER - Signature) Date OWNER (Authorized Signature) Date
EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute.
for CSI 02/14/25
214 Days214 Days
Net change from previous Change Orders No. 1 to No.4 :
04/01/202505/01/2025
Substantial Completion: 06/30/2025 Rea d y for f in al pay m ent: days or 07/30/2025dates)
Substantial Completion: 91 Days Ready for final payment: 91 Days
08/31/2024
09/31/2024
285
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Director of Community Development
SUBJECT:Annexation and Zone Map Amendment Requesting Annexation and the
Establishment of an Initial Zoning Designation of R-4 on 0.44 Acres Including
the Adjacent Right of Way, the 1519 Alder Court Lane Annexation,
Application 24428
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Consider the Annexation Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented,
I hereby adopt the findings presented in the staff report for application 24428
and move to approve the 1519 Alder Court Annexation subject to the terms
of annexation and direct staff to prepare an annexation agreement.
Consider the Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the
Zoning Commission, and all information presented, I hereby adopt the
findings presented in the staff report for application 24428 and move to
approve the 1519 Alder Court Zone Map Amendment with contingencies of
approval necessary to complete adoption of an implementing ordinance.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The property owners seek to annex a single parcel totaling 0.3 acres plus
adjacent rights-of-way into the City limits and establish an initial zoning of R-
4, Residential High-Density District. The property is currently zoned
“Residential Suburban” (RS) within the County administered Gallatin County
Bozeman Area Zoning District (the Donut).
The Beatty’s Subdivision was subdivided in 1956. Little change has occurred
since the construction of the homes on these lots with the exception of the
Lincoln Properties (now called the Bridgeview Condominiums) apartment
buildings to the north and east of the subject property. The Bridgeview
Condominiums is a 42-unit residential development in three buildings.
286
Adjacent city zoning includes R-4, R-2, and R-S districts. The properties to the
south and east have not been annexed and are zoned R-S, Residential
Suburban in the Gallatin County/Bozeman Area Zoning District.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020
designates the property as “Urban Neighborhood” which includes the R-4
district as an implementing zoning district. The subject properties are within
the urban planning and municipal service area for the City. The proposed
annexation would bring in additional right of way to build out sections of
Alder Court Lane.
The proposed annexation would bring in additional right of way to build out
sections of Alder Court Lane upon future development.
Community Development Board (Zoning Commission) Summary:
The Community Development Board acting in their capacity as the Zoning
Commission held a public hearing on March 3, 2025. After hearing the staff
summary, applicant presentation, and offering an opportunity for public
comment, no public comment was provided, moved to recommend approval
of the requested R-4 zoning by voting 6:1 to recommend the City
Commission approve the requested zoning.
No public comment has been received on this application. A recording of the
Community Development Board discussion can be reviewed at the following
web link.
External Web Link
UNRESOLVED ISSUES:There are no identified conflicts on this application.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended
zoning;
3. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or
the applicant to supply additional information or to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment.
Attachments:
24428 Alder Court Annx-ZMA CC.pdf
Report compiled on: March 12, 2025
287
Page 1 of 41
24428 Staff Report for the 1519 Alder Court Annexation and ZMA
Public Hearings: Community Development Board (map amendment only) March 3, 2025.
City Commission (Annexation and map amendment) March 25, 2025.
Project Description: An annexation requesting annexation of 0.44 acres including adjacent
right-of-way and amendment of the City Zoning Map for the establishment of a zoning
designation of R-4 (Residential High-Density District).
Project Location: Property is addressed as 1519 Alder Court Lane and more particularly
described as Lot 25, Beatty’s Alder Court Subdivision, located in in the East One-Half
of the Northwest One-Quarter of the Southwest One-Quarter of 13, Township Two
South (T2S), Range Five East (R5E) of P.M.M., Gallatin County, Montana .
Recommendation: Meets standards for approval with terms of annexation and contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 24428 and move to
recommend approval of the 1519 Alder Court Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Annexation Motion: Having reviewed and considered the
staff report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 24428 and move
to approve the 1519 Alder Court Annexation subject to the terms of annexation and
direct staff to prepare an annexation agreement.
Recommended City Commission Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 24428 and move to approve the 1519 Alder Court Zone
Map Amendment with contingencies of approval necessary to complete adoption of an
implementing ordinance.
Report Date: March 4, 2025
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report addresses both the zoning amendment for Community Development Board
288
Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 2 of 41
acting in their capacity as the Zoning Commission, as well as the annexation and the zoning
amendment for the City Commission. The application materials are available on the City’s
website in the laserfiche archive.
Unresolved Issues
There are no identified conflicts on this application.
Project Summary
The property owners seek to annex a single parcel totaling 0.3 acres plus adjacent rights-of-
way into the City limits and establish an initial zoning of R-4, Residential High-Density
District. The property is currently zoned “Residential Suburban” (RS) within the County
administered Gallatin County Bozeman Area Zoning District (the Donut).
The Beatty’s Subdivision was subdivided in 1956. Little change has occurred since the
construction of the homes on these lots apart from the Lincoln Properties (now called the
Bridgeview Condominiums) apartment buildings to the north and east of the subject property.
The Bridgeview Condominiums is a 42-unit residential development in three buildings.
Adjacent city zoning includes R-4, R-2, and R-S districts. The properties to the south and east
have not been annexed and are zoned R-S, Residential Suburban in the Gallatin
County/Bozeman Area Zoning District.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the
property as “Urban Neighborhood” which includes the R-4 district as an implementing zoning
district. The subject properties are within the urban planning and municipal service area for the
City. The proposed annexation would bring in additional right of way to build out sections of
Alder Court Lane.
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or mitigate
possible negative impacts are incorporated in many locations in the municipal code but are
principally in Chapter 38, Unified Development Code. References in the text of this report to
Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission held
a public hearing on March 3, 2025. After hearing the staff summary, applicant presentation,
and offering an opportunity for public comment, no public comment was provided, moved to
recommend approval of the requested R-4 zoning by voting 6:1 to recommend the City
Commission approve the requested zoning.
289
Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 3 of 41
No public comment has been received on this application. A recording of the Community
Development Board discussion can be reviewed at the following web link.
https://bozeman.granicus.com/player/clip/2442?view_id=1&redirect=true
Alternatives
1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
290
Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 4 of 41
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES: ................................................................................................... 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
Annexation ........................................................................................................................ 11
Zone Map Amendment ..................................................................................................... 11
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 11
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 18
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 37
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 38
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 39
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 39
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 41
FISCAL EFFECTS ................................................................................................................. 41
ATTACHMENTS ................................................................................................................... 41
291
Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 5 of 41
SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
292
Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 6 of 41
Map 2: BCP 2020 Future Land Use Map
293
Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 7 of 41
Map 3: Existing City Zoning
294
Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 8 of 41
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply with
the City’s Annexation Policy and the requirements of state law for the provision of services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified as
the “1519 Alder Court Lane Annexation”.
2. An Annexation Map, titled “1519 Alder Court Lane Annexation Map” with a legal
description of the property and any adjoining un-annexed rights-of-way and/or street access
easements must be submitted by the applicant for use with the Annexation Agreement. The
map must be supplied as a PDF for filing with the Annexation Agreement at the County
Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be
acceptable to the Director of Public Works and City Engineers Office and must be
submitted with the signed Annexation Agreement.
3. The applicant must include the full width of Alder Court Lane for the full width of the
subject property adjacent to Tract 25, Beatty’s Alder Court Subdivision.
4. The applicant must execute all contingencies and terms of said Annexation Agreement with
the City of Bozeman within 60 days of the distribution of the annexation agreement from
the City to the applicant or annexation approval shall be null and void.
5. The landowners and their successors must pay all fire, street, water and sewer impact fees
at the time of connection; and for future development, as required by Chapter 2, Bozeman
Municipal Code, or as amended at the time of application for any permit listed therein.
6. If they do not already exist, the applicant must provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of Special Improvement
Districts (SIDs) for the following:
a. Street improvements to S 19th Ave from College St to Stucky Rd including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to W Lincoln St from S 19th Ave to S 11th Ave including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to W Kagy Ave from S 19th Ave to S 11th Ave including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at W Garfield Ln and S 19th Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at W Lincoln St and S 11th Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
f. Intersection improvements at W Lincoln St and S 19th Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at W Kagy Blvd and S 19th Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h. Intersection improvements at W Kagy Blvd and S 11th Ave including lighting,
295
Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 9 of 41
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
7. The document filed must specify that in the event an SID is not utilized for the completion
of these improvements, the developer agrees to participate in an alternate financing method
for the completion of the improvements on a fair share, proportionate basis as determined
by square footage of property, taxable valuation of the property, traffic contribution from
the development, or a combination thereof. The applicant must provide a copy of the SID
waiver in conjunction with the Annexation Agreement.
8. The applicant may obtain a copy of the template SID waiver from the City Engineering
Department. The document filed must specify that in the event an SID is not utilized for
the completion of these improvements, the applicant agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property, traffic
contribution from the development, or a combination thereof. The applicant must provide
a copy of the SID waiver filed with the County Clerk and Recorder prior to annexation.
9. The Annexation Agreement must include the following notices:
a. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for preparing a storm water master plan in conjunction
with future development. The storm water master plan shall address maintenance and
operations until and unless the City affirmatively assumes responsibility for
maintenance and operations of stormwater facilities within the area of the annexation.
b. The Annexation Agreement must include notice the City will, upon annexation, make
available to the Property existing City services only to the extent currently available,
or as provided in the Agreement.
c. The Annexation Agreement must include notice that there is no right, either granted or
implied, for Landowner to further develop any of the Property until it is verified by the
City that the necessary municipal services are available to the property.
d. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the properties in accordance with the City of Bozeman's
infrastructure master plans and all City policies that may be in effect at the time of
development.
e. The Annexation Agreement must include notice that utility easements may be required
to be provided by the landowner at the time of development to ensure necessary
municipal services are available to the property.
f. The agreement must include notice that charges and assessments may be required after
completion of annexation to ensure necessary municipal services are available to the
property.
g. The Annexation Agreement must include notice that the City will assess system
development and impact fees in accordance with Montana law and Chapter 2, Article
6, Division 9, Bozeman Municipal Code.
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Staff Report for the 1519 Alder Court Annexation and ZMA, Application 24428 Page 10 of 41
h. All procedural terms necessary to establish the Annexation Agreement in conformance
with state law and municipal practice will be included with the final Annexation
Agreement.
10. The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to provide
full municipal services to the property in accordance with city policy at the time of
connection.
11. The applicant must contact the City’s Engineering Department to obtain an analysis of
cash-in-lieu of water rights for the proposed annexation. The determined amount must be
paid prior to the adoption of Resolution of Annexation, if applicable.
12. All final easements provided to the City must be stamped and signed by a professional
surveyor.
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply if the related annexation request has
previously been approved.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “1519 Alder Court Lane Zone Map Amendment.” All
required documents must be returned to the City within 60 days of the City Commission
action to annex the property or the preliminary approval shall be null and void.
2. That the Ordinance for the Zone Map Amendment shall not be finalized until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation agreement is not approved, the Zone Map Amendment
application shall be null and void.
3. That the applicant must submit a Zone Amendment map, titled “1519 Alder Court Lane
Zone Map Amendment”. The map must be supplied as a PDF. This map must be
acceptable to the City Engineer’s Office and must be submitted within 60 days of the action
to approve the zone map amendment. Said map shall contain a metes and bounds legal
description of the perimeter of the subject property including adjacent rights-of-way or
street easements, and total acreage of the property to be rezoned; unless the property to be
rezoned can be entirely described by reference to existing platted properties or certificates
of survey.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) did not find any deficiencies that prohibit annexation at this time that could
not be addressed through future development review processes and adopted City Codes.
The City Commission will hold a public meeting on the annexation on March 25, 2025. The
meeting will begin at 6 p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff found the
requested zoning meets standards for approval as submitted. The Zone Map Amendment
(ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff
responses are predicated on approval of the annexation, application 24428.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application that cannot be addressed with adopted standards and requirements for future
development.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this ZMA on March 3, 2025, and will forward a recommendation to
the Commission on the Zone Map amendment. The meeting will begin at 6 p.m. in will be held
in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. The meeting
will also be available via video stream with information on how to connect on the meeting
agenda which is published on the City’s website at least 48 hours prior to the meeting. The
agenda is available in the Meetings and Events portion of the City’s website at
https://www.bozeman.net/meetings.
The City Commission will hold a public hearing on the zone map amendment on March 25,
2025. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse
Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed
Zone Map Amendment application. The meeting will also be available via video stream with
information on how to connect on the meeting agenda which is published on the City’s website
at least 48 hours prior to the meeting. The agenda is available in the Meetings and Events
portion of the City’s website at https://www.bozeman.net/meetings.
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
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Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
Criterion Met. The property in question is contiguous to the City limits on the north and west
sides of the property.
Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Criterion met. The subject property is wholly surrounded. Unannexed property lies to the east
and south.
Goal 3: The City encourages all properties currently contracting with the City for City
services such as water, sanitary sewer, and/or fire protection to annex.
Criterion met. There are no structures onsite contracting for City services.
Goal 4: The City of Bozeman requires annexation of all land proposed for development
lying within the existing and planned service area of the municipal water and sewer
systems as depicted in their respective facility plans, any land proposed for development
that proposes to utilize municipal water or sewer systems.
Criterion met. The subject property lies within the planned service area of the municipal water
and sewer services. Future proposed developments will be required to utilize municipal water
or sewer systems.
Goal 5: The City encourages annexations within the urban area identified on the future
land use map in the current Bozeman Growth Policy.
Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’
and is within the urban area of the growth policy. See the discussion under Criterion A of
Section 6 of the report for more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries more
regular rather than creating irregular extensions which leave unannexed gaps between
annexed areas or islands of annexed or unannexed land.
Criterion Met. The proposed annexation will fill a portion of unannexed property surrounded
by the city and makes a more regular boundary by the inclusion of the adjacent rights of way
that accompany the annexation.
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Goal 7: The City of Bozeman encourages annexations which will enhance the existing
traffic circulation system or provide for circulation systems that do not exist at the
present time.
Criterion met. The property is accessed by an existing paved road that does not meet City
standards or include pedestrian facilities. Upon future development or redevelopment
transportation improvements will be required as seen on the adjacent property to the north with
the construction of curb and gutter, sidewalk, and storm water integration.
Terms of annexation include provisions pursuant to City of Bozeman Resolution 5076, Policy
1 to acquire necessary rights-of-way (ROW) to accommodate the development of these streets.
Alder Court is considered a local street which requires 60 feet of ROW. The ROW was
dedicated with the original subdivision plat.
There are no Class I trails identified in the PROST or Urban Routes identified in the PRAT
plan on the subject property.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size,
but will allow annexation of smaller parcels if factors such as topographic limitations,
sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller
annexation.
Criterion not met. The subject property is approximately 0.3 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of the
property with annexation.
Criterion Met. After annexation, the subject property will be bound to the provisions of
38.410.130 which require evaluation of water adequacy and provision of water if needed at
time of development. The municipal code section requires water rights or an equivalent to be
provided. Exact timing and amounts will be evaluated during development review. There are
several methods to address the requirements of 38.410.130. The annexation agreement will
provide notice of this requirement, see Terms of Annexation 11. The landowner will consent
to this requirement by signature on the annexation agreement.
Goal 10: The City of Bozeman encourages annexations for City provision of clean treated
water and sanitary sewer.
Criterion Met. The subject property is located within the City’s planned water and sewer
service area. See Goal 4 above. Any future development will be required to connect to the City
systems.
Per Term of Annexation 9, the Annexation Agreement requires notice that the applicant
requires the applicant to design extensions of services to meet the City’s adopted infrastructure
standards. These include provisions for minimum water pressure and volumes, adequate sewer
flows by volume, gravity flow of sewers, and other standards necessary to protect public health
and safety and ensure functional utilities.
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Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm
or sewer mains, and Class I public trails not within the right of way for arterial or
collector streets. Annexations must also include waivers of right to protest the creation
of special or improvement districts necessary to provide the essential services for future
development of the City.
Criterion Met. As discussed in Section 5 Goal 7, right of way is included with the annexation.
No additional ROW width is required. The Recommended Terms of Annexation include
requirements for these right of way provisions. See Terms of Annexation 3 and 12.
No Anchor Routes are designated for the subject property according to the PRAT Plan.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or
in conjunction with the application for annexation.
Criterion Met. The subject property is planned for Urban Neighborhood. No change to the
growth policy is required. The application includes a request for initial zoning of R-4. See the
zone map amendment section of this report for analysis of the zone map amendment criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
Criterion Met. The property is designated “Urban Neighborhood” on the future land use map.
No growth policy amendment is required. See discussion under zone map amendment Criterion
A.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The Community Development Board acting in their capacity as the City Zoning Commission
will be reviewing the requested zoning district designation on March 3, 2025. The Zoning
Commission’s recommendation will be passed along to the City Commission for review and
consideration along with the annexation request on March 25, 2025.
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Criterion Met. The applicant has requested a zoning designation of R-4, Residential High-
Density District. See Section 6 of this report for analysis of the requested zoning.
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Policy 6: Fees for annexation processing will be established by the City Commission.
Criterion Met. The appropriate application processing and review fees accompanied the
application.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Criterion Met. The subject property is accessed by Alder Court Lane which is paced street.
Alder Court Lane connects to West College Street which is a designated Collector Street
according to the Bozeman Transportation Master Plan, 2017 Update.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Criterion Met. The property owner shall provide usable water rights, or cash in-lieu of water
rights thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.410.130 of the municipal code. The calculated amount will be determined by the
Director of Public Works and based on the zoning designation approved by the City
Commission. Term of Annexation 11 requires notice of this requirement to be part of the
annexation agreement. Satisfaction of this requirement will occur with future development.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Criterion Met. City infrastructure and emergency services are available to the subject property.
An existing 10-inch ductile iron water pipe is in Alder Court Lane that terminates on the
northeast edge of the subject property. Wastewater collection was extended to serve the
Bridgeview Condominium project on the north side of the property. An additional sewer line
stub in located at the intersection of West College and Alder Court Lane.
Any future development will be required to connect to the City systems. The property is located
adjacent to existing urban development that is currently served by Bozeman Fire.
Per Term of Annexation 9, the Annexation Agreement required to finalize the requested
annexation will require the applicant to design extensions of services to meet the City’s
adopted infrastructure standards. These include provisions for minimum water pressure and
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volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards
necessary to protect public health and safety and ensure functional utilities.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
Criterion Met. City services are not currently being provided to this property. The existing
home is being served by individual well and septic systems. Future development will
necessitate connection to City services. This annexation is not a result of an emergency
condition requiring connection.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Criterion Met. Mapping to meet the requirements of the Director of Public Works must be
provided with the Annexation Agreement. Mapping requirements are addressed in
Recommended Term of Annexation 2. The map must include adjacent right of way and
therefore cannot be described solely by reference to platted lands.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Neutral. The annexation does not require immediate payment of fees. The annexation
agreement will provide notice of obligations to pay impact fees at times of triggers as required
in ordinance.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
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annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle
twice, and posted on the site as set forth under this policy. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Criterion Met. Suggested terms of annexation include a notice that the agreement, once
prepared and provided to the applicant, must be signed and retuned within the stated time
period. This policy will be implemented only if the Commission acts to grant approval. If the
application is denied, then no annexation agreement will be necessary.
Policy 15: When possible, the use of Part 46 annexations is preferred.
Criterion Met. This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
Neutral. No road improvement district is associated with this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
Criterion Met. The necessary agencies were notified and provided copies of the annexation.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Criterion Met. There are no existing septic systems or wells that will need to be abandoned.
All future development will be required to connect to city services.
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SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map 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 map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E – K and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map 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 mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section
titled Review Criteria for Zoning Amendments and Their Application, discusses how the
various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies
depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC.
The first criterion for a zoning amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of the
City’s desired outcome to accommodate the complex and diverse needs of its residents.”
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“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the anticipated growth area of the City. As shown on the
maps in Section 1, on the excerpt of the current future land use map, the property is designated
as Urban Neighborhood. The Urban Neighborhood designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
restricted to, proximity to commercial mixed-use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table excerpt, the R-4 district is an implementing district of the Urban
Neighborhood.
In finding that this application meets criterion A, the analysis is cognizant that in many
planning efforts and discussions over the decades, the Planning Board and City Commission
have considered the various elements of the question of to grow or not grow and the
consequences of either approach. After considering this question, they have concluded that
having growth within the physical boundaries of Bozeman results in better outcomes than not.
Therefore, the BCP 2020 approaches growth as something that overall is positive but
recognizes that it does not come without drawbacks and that the community will change over
time.
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The Applicant narrative makes a case in support of the requested zoning classification. Staff
generally concurs with these findings. Sheet 005.2 of the Application, Project Narrative,
specially addressed the zoning review criteria and can be reviewed in the planning project
public document repository (External Link to Zoning Narrative].
As part of the City’s Community Plan Hub web site, the City is tracking its efforts to meet the
goals and objectives detailed in the BCP 2020. For example, under the City of Unique
Neighborhoods Theme is the Bozeman Residential Density Map – Community Plan Indicators
Map. The residential density map shows the nearest development to the subject property, the
Bridgeview Condos, have a density of approximately 18.5 dwelling units per net acre. The
detached housing development to the south has a density of approximately 9.6 dwelling units
per acre. This data will improve its accuracy as the City infills. Currently, there are
undeveloped parcels that skew the results and push the value lower than if you exclude vacant
parcels in the calculation.
Figure 1: Average Living Units per Acre by Zoning Designation, City of Bozeman/MT Dept.
of Revenue
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However, the histogram associated with the map shows the following general trends in relation
to each zoning district.
The R-4 zoning district correlates with the principles applied in the Bozeman Community Plan
2020. A few of the ten principles listed under Basic Planning Precepts of the Plan are supported
by the R-4 district. For example, “land use designations must respond to a broad range of
factors, including infrastructure, natural, and economic constraints, other community priorities,
and expectations of all affected parties concerning private development.” And “gathering
places and open spaces, including parks and trails, should be in convenient locations to those
they serve. Quality and function are superior to quantity alone.” The latter is achieved by the
City’s adopted development code. On the other hand, other precepts are less supportive of the
scope of requested R-4 zoning.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development. It is inconsistent with this approach to zone
at annexation for lower intensities than what infrastructure and planning documents will
support. This policy approach does not specify any individual district but does lean towards
the more intensive portion of the zoning district spectrum.
The intent described above is strengthened by Objective N-1.11 “Enable a gradual and
predictable increase in density in developed areas over time.”
It is inconsistent with the approach to increase density within existing already developed area
and to zone at annexation for lower intensities than what infrastructure and planning documents
will support. This policy approach does not specify any individual district but does lean
towards the more intensive portion of the zoning district spectrum.
Goal N-3: Promote a diverse supply of quality housing units.
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As noted above the area is designated as Urban Neighborhood according to the FLUM. This
category primarily includes urban density homes in a variety of types, shapes, sizes, and
intensities. A variety of residential structures fall within the R-4 zone including moderate sixed
apartments, two to four attached unit structures, and single-detached structures. Currently,
there is an existing home on the subject project. The existence of the R-4 zoning does not
necessitate a change to the existing structure, although it permits attached housing assuming
all associated standards for lot size, parking, open areas, circulation are met.
Goal DCD-1: Support urban development within the City.
The proposed zoning is occurring in conjunction with an annexation. Any future development
will be required to occur at urban densities and will be within the City. If the City Commission
declines the annexation then the requested R-4 zoning will not occur.
DCD-2.2 Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support businesses.
Lincoln Avenue is a designated Collector Street as shown in the Bozeman Transportation
Master Plan, 2017 Edition. The subject property is proximate to Montana State University and
a variety of commercial interests at the corner of Lincoln Street and South 11th Avenue in
addition to having access to Kagy Boulevard and South 19th Avenue, two Arterial Streets.
Therefore, placement of higher density development adjacent to Lincoln Street is consistent
with this objective.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
Gallatin County has been notified of the proposed annexation.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
The property is wholly surrounded island within the city. The property is seeking annexation
and municipal zoning for the purpose of residential development. Annexation is happening
before development.
In addition to goals and objectives, the BCP 2020 includes descriptive statements regarding
what the goals and objectives seek to support and create. Page 27 of the BCP 2020 includes
the descriptive language for Theme 2, A City of Unique Neighborhoods. Reviewing the
language, themes of housing diversity, inclusion, and equity to serve different housing needs
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are prevalent. Theme 2 emphasizes the importance of neighborhoods in the City’s
development. It is notable that none of the goals and objectives associated with Theme 2 calls
for fixing the character of developed areas in their status or prohibit the evolution of an area’s
character.
Therefore, staff finds the requested R-4 zoning classification comports with the Criterion A
and is in accordance with a growth policy.
B. Secure safety from fire and other dangers.
Criterion Met. There are no current buildings, however future development will be served by
the Bozeman Fire Department. Fire protection water supply will be provided by the City of
Bozeman water system. The property is not within any delineated floodplain nor does it have
other known natural hazards. Upon annexation the subject property will be provided with City
emergency services including police, fire and ambulance. Future development of the property
will be required to conform to all City of Bozeman public safety, building and land use
requirements. The City provides emergency services to adjacent properties and no obstacles
have been identified in extending service to this parcel.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.400.010 Streets,
general
Access for
emergency services
Transportation
Master Plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, site plan,
and building permit
C. Promote public health, public safety, and general welfare.
Criterion Met. See comments in Section 6, Criteria A, B and D. City development standards
included in Chapter 38, Unified Development Code, building codes, and engineering standards
all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide
for public health through clean water. Rapid and effective emergency response provides for
public safety. The City’s standards ensure that adequate services are provided prior to
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construction of homes which advances this criterion. General welfare has been evaluated
during the adoption of Chapter 38 and found to be advanced. Provision of parks, control of
storm water, and other features of the City’s development standards advance the general
welfare. Compliance with the BCP 2020 advances the well-being of the community as a whole.
The subject property is well connected to the City’s transportation system and is served by
fully constructed intersections and streets. Sidewalks are constructed in all directions.
Development on site will require any improvements not installed to mitigate impacts and meet
the city’s complete street policies.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, Site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
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D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion Met. This property is included in future planning areas. 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 that identifies
individual projects, project construction scheduling, and financing of construction.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within
that district are generally acceptable in that location. It is not a guarantee of approval for
any given use prior to the completion of the appropriate review procedure and
compliance with all of the applicable requirements and development standards of this
chapter and other applicable policies, laws and ordinances. It is also not a guarantee of
immediate infrastructure availability or a commitment on the part of the city to bear the
cost of extending services.”
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan, Sewer
collection facilities
plan, Water
facilities plan
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
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38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
Water and sewer are available to the site. An 8-inch poly vinyl chloride sewer line is with the
adjacent development and a 15-inch poly vinyl chloride sewer line is in West Lincoln Street.
A 10-inch ductile iron water main was extended to the northeast edge of the subject property
in Alder Court Lane.
It is likely future development will increase impacts on services, adequate capacity is presently
available to meet demand.
E. Reasonable provision of adequate light and air.
Criterion met. This criterion is not about individual preferences for a given degree of visual
openness but about preservation of public health. The R-4 district provides adequate light and
air through the Bozeman Unified Development Code’s standards for park and recreation
requirements, on-site open space for residential uses, maximum building height, lot coverage,
and setback requirements.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air. Zone edge transitions do not apply in this location if the
R-4 is approved pursuant to section 38.320.060, BMC.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
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38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
38.520.060 On-site
residential and
commercial open
space
Private land open
area requirements
Site plan
F. The effect on motorized and non-motorized transportation systems.
Criterion met. Potential future development within a zoning district of R-4 will affect the City’s
motorized and non-motorized transportation system with potential increased traffic and vehicle
trips along Alder Court and Lincoln Streets. The subject property is located on a street corner
with a partially constructed Collector Street to the north and a local street providing direct
access. Due to the small size potential impacts will be limited and therefore can be
accommodated by the existing street network.
The proposed zoning will allow for a higher density of uses than is currently allowed under
Residential Suburban County Zoning district. The City’s transportation plan is used to evaluate
transportation needs over the long term throughout the City and will evaluate impacts of
motorized vehicles along with bikes and pedestrians. The parks and trails plan also examine
and specify options for extensions of the existing trail network through this site. Future site
development will examine impacts in greater detail on the transportation network, parks, and
trails system, and municipal facilities when specific construction has been identified.
Furthermore, these future development reviews will ensure that development under the new
zoning will comply with the City’s standards for the provision of onsite parking for bicycles
and vehicles, as well as the requirements for onsite circulation.
Traffic impacts will be studied by the development team to demonstrate compliance with the
City’s long-range transportation plans. Future project development will ensure compliance
with the acceptable traffic limits identified in the transportation plans, as well as provide for
the dedication of rights of way, construction or reconstruction of streets and trails, payment of
impact fees, and other contributions as will be applicable to this project.
As previously mentioned, the City conducts extensive planning for municipal transportation,
water, sewer, parks, sustainability, and other facilities and services provided by the City. The
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adopted plans allow the City to consider existing conditions; and identify enhancements
needed to provide service to new development.
The subject properties are within the City’s land use, transportation, parks, and utility planning
areas. Those plans show this property as developing within the City when development is
proposed. West Lincoln Street is a designated Collector Street according to the Bozeman Area
Transportation Master Plan, 2017 Update [External link].
Future development and redevelopment of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks, and improvements to the transportation network to serve the site,
which will improve the overall transportation system. These improvements include provisions
for non-motorized transportation systems. The change in zoning district will have a minimal
effect on required road improvements, pedestrian or bicycle facilities, or similar compliance
with standards. The site is adjacent to one collector (West Lincoln) and one local street (Alder
Court Lane), both of which have capacity to carry additional traffic.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan,
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.420.110
Recreation
Pathways
Location and
requirement to
install.
Park, Recreation,
and Active
Transportation Plan
Annexation for Class 1
Trails easement.
Subdivision or site plan
for all else.
The City has set minimum standards applicable to development to limit block length, ensure
trail and sidewalk connections, and provide streets adequate to carry traffic projected from
development. These standards are not applied at the time of the ZMA but are implemented
during the subdivision and site plan processes required before any construction may begin. See
also Section 6, Criterion D.
The address has a Walk Score of 42, a transit score of 21, and a bike score of 62. These values
are provided by Walk Score, a private organization which presents information on real estate
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and transportation through walkscore.com. The algorithm which produces these numbers is
proprietary. A score is not an indication of safety or continuity of services or routes. Scores are
influenced by proximity of housing, transit, and services and expected ability, as determined
by the algorithm, to meet basic needs without using a car. Sites located on the edge of the
community have lower scores than those in the center of the community as the area is still
under development and therefore diversity of uses is less than in fully established areas. There
are no adopted development standards relating to the walk score. If, as suggested by the
applicant, their statement of constructing mixed-use, may eventually improve these scores.
According to Walk Score® the walks score measures the walkability of any address based on
the distance to nearby places and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
Prior to occupancy or other appropriate trigger the applicant must show all applicable
transportation systems are adequate to serve the proposed development and must meet
minimum City standards. The Applicant has been advised of specific code provisions that will
apply with future development proposals.
G. Promotion of compatible urban growth.
Criterion Met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where in
the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan P. 51)
Individuals may have widely varying opinions about what constitutes compatibility. To
address this wide variation of viewpoint, Compatible development and Compatible land use
are defined in Article 38.7 BMC to establish a common reference for consideration of this
criterion and application of development standards. They are defined as:
“Compatible development. 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
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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.
Compatible land use. A land use which may by virtue of the characteristics of its
discernible outward effects exist in harmony with an adjoining land use of differing
character. Effects often measured to determine compatibility include, but are not
limited to, noise, odor, light and the presence of physical hazards such as combustible
or explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
“Compatible development does not require uniformity or monotony of architectural or site
design, density or use.” Compatible development can be different than what is already in place.
The City has adopted a variety of standards to implement compatibility.
The proposed R-4 district is a residential district. The allowed uses for residential districts are
set in 38.310.030. Table 38.310.030.A - Permitted general and group residential uses in
residential zoning districts, shows permitted uses in the R-4 district and Table 38.310.030.B
details permitted accessory and non-residential uses in residential zoning districts.
The form and intensity standards for residential districts are in 38.320.030. Existing
development in the area includes moderately sized apartment buildings, two to four attached
dwellings, and single-detached residential structures. The minimum density for R-4 is 8
dwelling per net acre.
The more intensive development elements allowed in the R-4 district is subject to additional
development standards established in Article 38.5, Project Design, of the municipal code.
These standards address both site and building design to enable differing uses and scales of
development to meet the definition of compatible in the municipal code and presented above.
Section 38.500.010. – Purpose states:
“This article (38.5) implements the Bozeman's growth policy. Overall, this article:
A. Provides clear objectives for those embarking on the planning and design of
development projects in Bozeman;
B. Preserves and protects the public health, safety, and welfare of the citizens of
Bozeman;
C. Ensures that new commercial and multi-household development is of high quality and
beneficially contributes to Bozeman's character;
D. Ensures that new developments within existing neighborhoods are compatible with,
and enhance the character of Bozeman's neighborhoods;
E. Promotes an increase in walking and bicycling throughout the City;
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F. F. Enhances the livability of Bozeman's residential developments;
G. Maintains and enhances property values within Bozeman.”
The intent of the R-4 district, 38.300.100.E, BMC, “is to provide for high-density residential
development through a variety of housing types within the city with associated service
functions. This purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the
established development patterns while providing greater flexibility for clustering
lots and mixing housing types in newly developed areas.
2. Providing for a variety of compatible housing types, including single and multi-
household dwellings to serve the varying needs of the community's residents.
3. Allowing office use as a secondary use, measured by percentage of total building
area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial
districts, and/or served by transit to accommodate a higher density of residents in
close proximity to jobs and services.”
The proposed amendment is associated with an annexation creating an incremental increase in
the size of the City. As discussed in Section 6, Criterion A above, both the City’s and County’s
growth policies expect this area to transition from rural to urban development. The unannexed
areas adjacent to this property are agricultural or detached homes on an individual large lot in
conformance with the Gallatin County AS zoning.
The City Commission has adopted standards to control development impacts and support
compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s
approach.
“What combination of uses under what conditions can work well together? There is a
wide range of possible answers for each community to consider. Some communities
take a highly prescriptive worst-case view and try to restrain all possible points of
perceived conflict. This tends to create a very homogenous community with little
interest or scope for creativity. Bozeman takes a different approach. The worst case
scenario is recognized as unlikely, but possible. Development standards deal with the
majority of cases, while restraining extraordinary problems.
The City creates standards under items 1 through 3; when one district is adjacent to
another and is consistent with the growth policy, any physical conflicts will be minimal,
if present at all. The City’s zoning policy encourages continued development of mixed
uses. … The City uses the broad scope of its development standards to enable differing
uses to be successful near each other. This shows on the zoning map where districts
providing a wide diversity of uses are intermixed.”
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This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing agricultural character of the subject property. It is not expected that zoning freeze
the character of an area in perpetuity. Rather, it provides a structured method to consider
changes to the character.
The BCP 2020 includes several objectives applicable to this criterion. These are:
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
N-1.2 Increase required minimum densities in residential districts.
N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary
to City land development policies or climate action plan goals.
Application of any municipal zoning district to the subject property and subsequent
development will alter the existing character of the subject property. Zoning doesn’t freeze the
character of an area in perpetuity. Rather, it provides a structured method to consider changes
to the character. The BCP 2020 notes,
“…when considering an amendment to the zoning map both the actual and possible
built environment are evaluated. If the amendment is accompanying an annexation
request, there is often a substantial change in use that will occur. In this case, the
Commission must look at what the growth policy recommends for the area, as there is
less built context to provide guidance.”
Staff concludes that although the R-4 is different than some surrounding zoning, it is
compatible urban growth as called for in the growth policy. See also discussion for Section 6,
Criteria A & H.
H. Character of the district.
Criterion Met. 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.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains unaltered. Even though the criterion is most applicable to
text amendments it still must be applied to consideration of zoning map amendments. The
requested zoning meets the requirements of this criterion because it is compatible with
surrounding municipal zoning and promotes urban growth as called for in the BCP 2020. The
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proposed amendment only applies to the Applicant’s property and does not change what is or
is not allowed on adjacent property.
As noted above, the City Commission has discretion within the limits of the State established
criteria in considering the location and geographical extents of a zoning district.
Implementation of zoning must also be in accordance with the adopted growth policy. As noted
in Section 6, Criterion A, the City policy calls for a diverse and densifying land use pattern.
See discussion in Section 6, Criterion A.
The BCP 2020 includes several objectives applicable to this criterion. These are:
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
N-1.2 Increase required minimum densities in residential districts.
N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary
to City land development policies or climate action plan goals.
Application of any municipal zoning district to the subject property and subsequent
development will alter the existing character of the subject property, which is a suburban.
Likewise, development under any municipal zoning district will be visually different from
adjacent unannexed property. This is true even if both are used for similar types of housing
due to the differences between municipal and county zoning. Similarly, development will
likely be different from other annexed properties. For example, properties to the east are zoned
RS in the County and developed as detached single-household structures.
Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured
method to consider changes to the character. The BCP 2020 notes,
“…when considering an amendment to the zoning map both the actual and possible
built environment are evaluated. If the amendment is accompanying an annexation
request there is often a substantial change in use that will occur. In this case, the
Commission must look at what the growth policy recommends for the area, as there is
less built context to provide guidance.”
See Section 6, Criterion A above for discussion about the application and growth policy and
anticipated change to the character of the area.
The City has defined 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
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spaces and parks. Compatible development does not require uniformity or monotony
of architectural or site design, density or use.”
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. To date, the City of Bozeman has not defined a specific area outside of the area
itself to be rezoned for consideration of this criterion. A review of the existing uses within a
quarter mile radius of the amendment site shows numerous zoning districts. Notably are R-4,
the same as what is being proposed which allows a variety of housing types in close proximity,
R-3, is a municipal district and allows a wide variety of housing types including detached
homes, townhomes, and other forms of attached homes, as well as various institutional and
light commercial uses. Others include commercial zone such as B-2 and B-2M. And then other
residential zones including R-5, R-2, and R-S. Lastly, PLI zone associated with the University.
Page 77 of the BCP 2020 describing review of zoning map amendments states “When
evaluating compliance with criteria, it is appropriate to consider all the options allowed by the
requested district and not only what the present applicant describes as their intensions.” When
evaluating compatibility between zoning districts, Staff considers the full range of allowable
uses, not only what is built now or proposed by a specific project.
The city has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
B-2M district to be compatible with the proposed adjacent mixed-use district, where both will
help serve the expanding residential development within this southern region of the city. The
proposed zone district allows the applicant to construct a variety of commercial-sized
buildings as well as some secondary residential uses like townhomes and apartment
buildings.
There is a mix of uses in the immediate vicinity including restaurants, grocery store, pizza
joint, brewery, donut shop, and other residential uses including multi-unit and single family
residential, general retail, and a variety of others uses. The property is not within the
Neighborhood Conservation Overlay District, a historic district, or any other designated area.
Municipal Code
Section and Title
Subject Related Documents When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan,
building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan,
building permit
38.320.060 Zone
Edge Transitions
Height adjustments
on the edge of some
zones
Site plan
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38.340 Overlay
District Standards
Historic
preservation
SOI Standards for
Historic Preservation,
Design Guidelines
for Historic
Preservation
Site plan and building
permit
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
Development within the City is more land efficient than rural or suburban development in
unannexed areas. Urban intensity development whether more intensive apartment style
development or more typical medium density residential is much more land efficient than
rural/suburban development. Suburban development consumes 135 times the amount of land
and the rural consumes 594 times the amount of land per home than urban development.
Development within the City also provides for a wide range of housing types to meet a wide
range of housing needs. Development within the City lessens likelihood of conversion of
agricultural and open spaces to other uses but does convert uses on some land with annexation.
The City expects urban development within the municipal boundary.
Table 4 of the BCP 2020, see Section 6, Criterion A above, identifies the implementing zoning
districts of the Urban Neighborhood future land use category. That category allows for zoning
districts that authorize a wide range of possible future development. There are no zoning
districts which are limited to only one type of development. All zoning districts implementing
the Urban Neighborhood category provide for a range of housing types, institutions, and
commercial activities. The expansiveness and intensity allowed varies between districts. As
noted in this report, the BCP 2020 calls for evaluation of the entire range of uses in zoning
districts when evaluating criteria for zoning amendments.
The R-4 zoning district and the adjacent R-S, R-2, R-3, and R-4 zoning districts are residential
in nature and are more similar than different in uses and standards. Development in R-4 that is
more intensive than that allowed in some municipal zones, such as an apartment building, is
subject to the standards of Article 38.5. Article 38.5 imposes a variety of standards on site and
building design. However, a recent text amendment allows “limited apartments” in the R-3
district. Limited apartments are structures that host up to eight dwellings units.
Evaluation of this situation is guided by the growth policy. On page 76 of the BCP 2020
under discussion of application of this zoning criteria is says:
“Second, when considering an amendment to the zoning map both the actual and
possible built environment are evaluated. If the amendment is accompanying an
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annexation request there is often a substantial change in use that will occur. In this
case, the Commission must look at what the growth policy recommends for the
area, as there is less built context to provide guidance.”
The standards adopted by the City prevent physically dangerous spillover effects. An example
is the capture, treatment and discharge controls from additional storm water runoff as
additional impervious surfaces are built. Required setbacks from property lines, landscaping
requirements, and similar site and building standards address character and compatibility.
These and other standards carry out the intent and purpose of the City’s land development
standards in Chapter 38 of the municipal code.
Sec. 38.100.040. - Intent and purpose of chapter.
A. The intent of this unified development chapter is to protect the public health, safety and
general welfare; to recognize and balance the various rights and responsibilities relating
to land ownership, use, and development identified in the United States and State of
Montana constitutions, and statutory and common law; to implement the city's adopted
growth policy; and to meet the requirements of state law.
Zoning does not prohibit change but provides a structure within which change can occur. Such
changes include modifications to both the text and zoning map. Such amendments are
authorized in the zoning enabling act for municipalities. Landowners have both property rights
and responsibilities. The City has adopted development standards to ensure that responsibilities
are met while landowners exercise their property rights. The City has not chosen, and is not
required, to adopt standards for all issues. For example, standards have not been adopted
regarding preservation of view sheds or extra separation of buildings from unannexed property.
Staff concludes that although the R-4 is reflective of the character of the district. See also
discussion for Section 6, Criteria A, G, and F.
I. Peculiar suitability for particular uses.
Criterion met. The proposed amendment does not modify the existing standards of the R-4
district. Therefore, the impact of the amendment is limited to this application site. The
proposed use is residential, the same of the dominate use in the vicinity and is in close
proximity to educational and commercial activities used to support the residential uses. The
Future Land Use Map show this area designated for residential use.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan
review, building permit
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38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.600 Natural
Resource Protection
Protect watercourses
and wetlands
FEMA Floodplain
study
Subdivision, site plan
review, building permit
The property is within the City’s planning area for land use and utility extensions. There is
frontage on Alder Court Lane, local street, providing direct access to West Lincoln Street, a
collector street. Municipal utilities and emergency services can be extended to the area. The
site can support a more intensive district in the range of zoning districts.
J. Conserving the value of buildings.
Neutral. The proposed amendment does not modify the existing standards of the R-4 district.
R-4 zoning is residential in nature and allows a variety of housing types as long as the minimum
density of 8 DU per acre is achieved. The immediate Future land Use and zoning surrounding
the property is residential in nature.
The form of the future development is not known at this juncture and will emerge with future
development applications. The permitted uses must conform to the adopted zoning.
Any new structures at the site will be required to meet setback and other protective
requirements set forth in the Bozeman Municipal Code. Compliance will alleviate potential
negative impacts to the value of surrounding buildings and properties. As described in earlier
criteria, the proposed zoning is compatible with existing buildings on adjacent properties and
does not create any new situations not in compliance with municipal code.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed R-4 zoning designation will encourage the most appropriate use
of land as the property is adjacent to both residential and commercial uses. There is access to
the city’s services, including streets, thus can support a higher intensity of uses as allowed
within the R-4 zoning district. Furthermore, the proposed R-4 zoning designation is generally
consistent with the BCP 2020 future land use map designation of “Urban Neighborhood”.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN 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.
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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 150 feet
of an area 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; 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.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND
The property owner, Lincoln Street MGME, LLC, seek to annex a single parcel totaling 0.3
acres plus adjacent rights-of-way into the City limits and establish an initial zoning of R-4,
Residential High-Density District. The property is currently zoned “Residential Suburban”
(RS) within the County administered Gallatin County Bozeman Area Zoning District (the
Donut). The purpose is to demolish the existing residential structure and replace it with a multi-
family residential structure.
The Beatty’s Subdivision was subdivided in 1956. Little change has occurred since the
construction of the homes on these lots with the exception of apartment buildings to the north.
The Lincoln Properties (now called the Bridgeview Condominiums) are directly adjacent o
north which is a 42-unit residential development in three buildings.
Adjacent city zoning includes R-4, R-2, and R-S districts. The properties to the south and east
have not been annexed and are zoned R-S, Residential Suburban in the Gallatin
County/Bozeman Area Zoning District.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the
property as “Urban Neighborhood” which includes the R-4 district as an implementing zoning
district. The subject properties are within the urban planning and municipal service area for the
City.
The property is not within the NCOD, a historic district, or a city recognized neighborhood.
West Babcock Street is a designated Collector and South 20th Avenue is a local street according
to the Bozeman Transportation Master Plan, 2017 Update. As illustrated in the map series
below, the site is adjacent to a fully built street network.
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APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on February 8 and March 1, 2025. The
notice was posted on site and notices mailed by the applicant as required by 38.220 and the
required confirmation provided to the Planning Office. Notice was provided to exceed
minimum standards of State law for notice.
No public comment has been received on this as of the production of this report.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020.
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted
to, proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-4, Residential High Density District whose intent is
to:
Residential high density district (R-4). The intent of the R-4 residential high density
district is to provide for high-density residential development through a variety of
housing types within the city with associated service functions. This purpose is
accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and
mixing housing types in newly developed areas.
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2. Providing for a variety of compatible housing types, including single and multi-
household dwellings to serve the varying needs of the community's residents.
3. Allowing office use as a secondary use, measured by percentage of total building
area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial
districts, and/or served by transit to accommodate a higher density of residents in close
proximity to jobs and services.
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Lincoln Street MGME, LLC, 3400 Lower River Road, Great Falls, MT 59405
Applicant: Genesis Engineering, Inc., 204 N 11th Avenue, Bozeman, MT 59715
Representative: Bayless Architects, 4575 Valley Commons Dr., Ste. 201, Bozeman, MT 59718
Report By: Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map 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. In addition, application materials can be viewed on
the City’s development map at the following link.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=292509&dbid=0&repo=BOZEMAN
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Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Review and Decision for the 2025 Impact Fee Service Area Report for
Wastewater
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Consider the Motion: Having reviewed and considered the staff
presentation, recommendation from the Community Development Board,
draft service area report, public comment, and all information presented, I
hereby find the 2025 service area report for Wastewater meets all
requirements and accept the report as the basis for wastewater impact fees.
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:The City of Bozeman first adopted impact fees in 1996 and has used them
continuously ever since. The State of Montana authorizes local government
impact fees through Title 7, Chapter 6, Part 16, Montana Code Annotated
(MCA) [External Link]. An impact fee is defined as:
(5) (a) "Impact fee" means any charge imposed upon development by a
governmental entity as part of the development approval process to fund
the additional service capacity required by the development from which it is
collected. An impact fee may include a fee for the administration of the
impact fee not to exceed 5% of the total impact fee collected.
(b) The term does not include:
(i) a charge or fee to pay for administration, plan review, or inspection
costs associated with a permit required for development;
(ii) a connection charge;
(iii) any other fee authorized by law, including but not limited to user
fees, special improvement district assessments, fees authorized under Title 7
for county, municipal, and consolidated government sewer and water
districts and systems, and costs of ongoing maintenance; or
(iv) onsite or offsite improvements necessary for new development to
meet the safety, level of service, and other minimum development
standards that have been adopted by the governmental entity.
In MCA 7-6-1601, Definitions, impact fees are authorized for specifically
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listed types of facilities including:
(7) "Public facilities" means:
(b) a wastewater collection, treatment, or disposal facility;
The City uses impact fees to advance the following purposes:
Infrastructure concurrency of service increase with demand from new
development
Equity in funding capital expansion of certain services
Public safety
Remove barriers from development
Implement growth policy and facility plans by increasing capacity to
serve new development
Cost efficiency from coordinated projects
The Community Development Board has been assigned by the City
Commission the duties of the Impact Fee Advisory Committee [External Link]
to review calculation of fees. An element of this duty is to review and
recommend on the service area report (SAR).
A key part of the state authorization for impact fees is preparation of a
service area report for each fee type. The SAR consolidates key information
relating to the future needs for infrastructure, expected means to provide
the infrastructure, and the process by which the cost of additional services
are assigned to units of new development. A copy of 7-16-1602 MCA that
sets required documentation for an impact fee is attached to this agenda
item. In addition to the details of the SAR the City also provides required
documentation through its Wastewater Collection Facilities Plan and Water
Reclamation Facilities Plan [External Link] and annual capital improvement
program and budgets [External link].
The City updates the SAR at least every four years to help ensure the fees are
accurate, reflect current construction costs and service needs, and remain
roughly proportionate and logically connected to the development that pays
the fees. Annual inflation adjustments are applied on January 1st of each
year and do not require an update to the SAR. The City hired TischlerBise, a
nationally prominent specialist in impact fees, to support the City in
updating the impact fee SAR.
Staff has reviewed the draft SAR prepared by TischlerBise on behalf of the
City and finds that the document meets the requirements of state law for a
SAR. The SAR is in writing, the document has been provided to the public for
review through the Engage Bozeman website [External Link] as well as the
agenda for the Community Development Board meeting and will be in the
City Commission agenda. The City has an annual process to update a capital
improvement program to schedule construction of public facility capital
improvements. As shown in the SAR, actual costs of construction and
reasonable estimate of costs have been used, forecast for future needs are
provided, necessary facilities to serve future growth are identified, and the
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appropriateness of a single service area is established. No maintenance or
operational costs are included in the calculated fee. All other necessary
elements are also provided.
The City published formal notice in the Bozeman Daily Chronicle on
2/01/2025, 2/15/2025, 3/01/2025 and 3/15/2025 of the public hearings
before the Community Development Board and City Commission. A news
item was included on the City's website, the Engage Bozeman impact fee
update project website was established, several publicly available work
sessions and training sessions regarding impact fees have been held during
the project, and direct notification to interest groups occurred at the
beginning of the project.
The action through this agenda item is specific to the Wastewater impact
fee. The City also implements Fire/EMS, Transportation, and Water fees.
Updated SARs for Fire/EMS and Transportation were approved and adopted
by the Commission in 2024.
The City has adopted various fiscal policies to guide how revenues and
expenditures are made. These are included in the City’s adopted budget
[external link], see page 175. An example of relevant policy is:
5. User fees and charges will be used, as opposed to general
taxes, when distinct beneficiary populations or interest groups
can be identified.
User fees and charges are preferable to general taxes because
user charges can provide clear demand signals which assist in
determining what services to offer, their quantity, and their
quality. User charges are also more equitable, since only those
who use the service must pay--thereby eliminating the subsidy
provided by nonusers to users, which is inherent in general tax
financing.
Consistent with this policy the City uses impact fees to fund capital
improvements to expand service capacity necessary to serve new
development. Also consistent with this policy, impact fees are set only to the
amount demonstrated as necessary in the SAR to offset the costs due from
new construction. Impact fee revenue can be used to pay bonds for capital
improvements that otherwise qualify as an impact fee expenditure. All
expenses for operations such as personnel and supplies, maintenance, and
capital replacement must come from other user fees, assessments, and taxes
as authorized by law.
Most elements of the 2025 Wastewater SAR are very similar to previous SAR
although updated data has been used in the forecasts and other calculations.
The data requirements established by state law ensure substantial
consistency from one SAR to its successor. The primary changes is to expand
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the range of home sizes for which fees are calculated.
As better data has become available and as a greater range of home sizes is
being constructed in the community it's appropriate to consider if an
improved fit between construction, expected service demand, and fees
charged can be established. It is also necessary to keep the range realistic
and reasonably descriptive of expected demand. For example, although
there is a demonstrated correlation between home size and occupancy the
occupancy of a home can never go below 1 person regardless of its size. The
expanded range more clearly ties a fee to the lower dwelling occupancy
expected in smaller units. Service demand is strongly influenced by
occupancy therefore this enables a lower fee to be charged for smaller
homes. Bozeman has seen a substantial increase in smaller sized homes,
especially in the apartment type configuration, over the past few years.
The new SAR includes nine additional size bands to improve fit between fee
and demand. A review of building permit sizing for single homes and
townhomes over the past 24 months shows that 21% of the homes would
have been included in the new size ranges. Staff concludes that this is
enough improvement to support using the increased range of sizes. This also
supports consistency between fee types as the previously adopted Fire/EMS
SAR and Transportation SAR use the expanded size range. Only 4 homes
were in the largest of the new upper range categories. Staff concludes that
this small number indicates that it is unnecessary to add further to the upper
range at this time. Size ranges can be reevaluated with the next SAR. The
expanded range has been carried forward with this SAR. Staff recommends
adoption of the range proposed in the SAR to maintain consistency with the
recently adopted Fire/EMS and Transportation SAR and maintain a best
practical fit between construction and fee characteristics.
For context, a simple memo with information from other communities using
impact fees in MT is attached. Each community is distinct and cost of service
is not comparable from one community to another. Several community's
fees have not been updated recently and therefore do not reflect recent cost
escalation. Since the question of what other communities are doing comes
up every time the SAR are updated staff provides this information for
reference.
Impact fees are only one component of a complete water funding system.
Operations and maintenance activities cannot be funded with impact fees
and no such projects are included in the service area report. Operation and
maintenance are funded by the monthly service charges from the water
utility. Water rights for new development are addressed through the city's
water adequacy provisions in 38.410.130 BMC and are not included as part
of the water impact fee.
The Community Development Board, in their role as the impact fee advisory
committee required by state law, conducted a public hearing on February
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24, 2025. A recording of the meeting [External link] is available. Discussion of
the wastewater impact fee SAR began at 4:15 in the recording. No public
comment was received prior to or at the hearing. The Board reviewed the
SAR, considered the purpose and function of the fee, sizing of residential
water services, how residential fees were divided by dwelling size, and
potential alternative methodologies for determining a fee. After
consideration of these issues the Board found the SAR met state
requirements and recommended the Commission accept the SAR on a vote
of 7-0.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Accept the service area report;
2. Accept with modifications the draft service area report;
3. Reject the draft service area report; or
4. Open and continue the public hearing on the service area report, with
specific request to staff to supply additional information or to address
specific items.
FISCAL EFFECTS:The service area report does not expend funds. It does update the costs per
unit of new development to ensure fees meet all legal requirements.
Subsequent adoption of the SAR by the City Commission will enable
continued operation of the impact fee program to offset capital costs from
new construction for wastewater collection and treatment functions.
Attachments:
Bozeman, MT Impact Fee Report_Wastewater_2.6.25.pdf
7-6-1602. Calculation of impact fees -- documentation
required -- ordinance or resolution -- requirements for
impact fees, MCA.pdf
Other Communities Memo 9-5-2024.pdf
Report compiled on: March 10, 2025
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Wastewater
Service Area Report and
Impact Fee Study
Prepared for:
Bozeman, Montana
February 6, 2025
4701 Sangamore Road
Suite S240
Bethesda, MD
(301) 320‐6900
www.TischlerBise.com
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Table of Contents
Executive Summary ................................................................................................................. 3
Montana Impact Fee Enabling Legislation ............................................................................ 3
Public Facilities ...................................................................................................................................... 3
Service Area Report .............................................................................................................................. 4
Legal Framework .................................................................................................................. 4
Methodology ....................................................................................................................... 6
Conceptual Impact Fee Calculation ...................................................................................................... 7
Evaluation of Credits ............................................................................................................................. 7
Maximum Supportable Wastewater Impact Fees ................................................................. 8
Wastewater Service Area Report ........................................................................................... 10
Service Area ........................................................................................................................................ 10
Cost Allocation .................................................................................................................................... 10
Service Demand Units ......................................................................................................................... 10
Existing and Projected Growth in Service Area ................................................................................... 13
Wastewater Capital Improvement Plan ............................................................................. 15
Cost Analysis of Wastewater Projects ................................................................................ 17
Wastewater Collection Cost Analysis .................................................................................................. 17
Wastewater Treatment Cost Analysis ................................................................................................. 18
Credit for Other Revenues Sources .................................................................................... 20
Wastewater Department Personnel and Operations .......................................................... 20
Maximum Supportable Wastewater Impact Fees ............................................................... 21
Projected Wastewater Impact Fee Revenue ....................................................................... 25
Appendix A: Land Use Assumptions ....................................................................................... 26
Population and Housing Characteristics ............................................................................. 26
Building Permit History ...................................................................................................... 26
Base Year Housing Units and Population ............................................................................ 27
Housing Unit and Population Projections ........................................................................... 30
Current Employment and Nonresidential Floor Area .......................................................... 31
Employment and Nonresidential Floor Area Projections .................................................... 31
Vehicle Trip Generation ..................................................................................................... 33
Residential Vehicle Trips by Housing Type ......................................................................................... 33
Residential Vehicle Trips Adjustment Factors..................................................................................... 34
Nonresidential Vehicle Trips ............................................................................................................... 34
Vehicle Trip Projections ..................................................................................................... 36
Demand Indicators by Dwelling Size ................................................................................... 37
Bozeman Control Totals ...................................................................................................................... 37
Demand Indicators by Dwelling Size ................................................................................................... 37
Persons by Dwelling Size ..................................................................................................................... 38
Person by Dwelling Size and Housing Type ......................................................................................... 39
Trip Generation by Dwelling Size ........................................................................................................ 42
Vehicle Trip Ends by Dwelling Size ...................................................................................................... 43
Vehicle Trip Ends by Dwelling Size and Housing Type ........................................................................ 44
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Appendix B: Land Use Definitions .......................................................................................... 46
Residential Development .................................................................................................................... 46
Nonresidential Development .............................................................................................................. 46
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EXECUTIVE SUMMARY
The City of Bozeman, Montana, contracted with TischlerBise to document land use assumptions, prepare
the Service Area Report, and update impact fees within the applicable service areas pursuant to Montana
Code 7‐6‐16 (hereafter referred to as the “Enabling Legislation”). Governmental entities in Montana may
assess impact fees to offset infrastructure costs to the governmental entity for public facilities needed to
serve future development. For each public facility for which an impact fee is imposed, the governmental
entity shall prepare and approve a service area report. The impact fees must (1) be reasonably related to
and reasonably attributable to the development's share of the cost of infrastructure improvements made
necessary by the new development and (2) may not exceed a proportionate share of the costs incurred
or to be incurred by the governmental entity in accommodating the development.
Impact fees are one‐time payments used to construct system improvements needed to accommodate
future development, and the fee represents future development’s proportionate share of infrastructure
costs. Impact fees may be used for infrastructure improvements or debt service for growth‐related
infrastructure. In contrast to general taxes, impact fees may not be used for operations, maintenance,
replacement, or correcting existing deficiencies.
This Service Area Report and associated update to its impact fees are for Bozeman wastewater
infrastructure. In a tandem effort, TischlerBise is also updating the Service Area Reports for fire/EMS,
transportation, and water public facilities.
Montana Impact Fee Enabling Legislation
The Enabling Legislation governs how impact fees are calculated for governmental entities in Montana.
Public Facilities
Under the requirements of the Enabling Legislation, impact fees may only be used for construction,
acquisition, or expansion of public facilities made necessary by new development. “Public Facilities”
means any of the following categories of capital improvements with a useful life of 10 years or more that
increase or improve the service capacity of a public facility (§7‐6‐1601(7)):
1. a water supply production, treatment, storage, or distribution facility;
2. a wastewater collection, treatment, or disposal facility;
3. a transportation facility, including roads, streets, bridges, rights‐of‐way, traffic signals, and
landscaping;
4. a storm water collection, retention, detention, treatment, or disposal facility or a flood control
facility;
5. a police, emergency medical rescue, or fire protection facility; and
6. other facilities for which documentation is prepared as provided in 7‐6‐1602 that have been
approved as part of an impact fee ordinance or resolution by:
a two‐thirds majority of the governing body of an incorporated city, town, or
consolidated local government; or
a unanimous vote of the board of county commissioners of a county government.
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Also, §7‐6‐1601(5a) states that "impact fee" means ‘any charge imposed upon development by a
governmental entity as part of the development approval process to fund the additional service capacity
required by the development from which it is collected. An impact fee may include a fee for the
administration of the impact fee not to exceed 5 percent of the total impact fee collected.’
Service Area Report
For each public facility for which an impact fee is imposed, the governmental entity shall prepare and
approve a service area report. The service area report is a written analysis that must:
1. describe existing conditions of the facility;
2. establish level‐of‐service standards;
3. forecast future additional needs for service for a defined period of time;
4. identify capital improvements necessary to meet future needs for service;
5. identify those capital improvements needed for continued operation and maintenance of the
facility;
6. make a determination as to whether one service area or more than one service area is
necessary to establish a correlation between impact fees and benefits;
7. make a determination as to whether one service area or more than one service area for facilities
is needed to establish a correlation between impact fees and benefits;
8. establish the methodology and time period over which the governmental entity will assign the
proportionate share of capital costs for expansion of the facility to provide service to new
development within each service area;
9. establish the methodology that the governmental entity will use to exclude operations and
maintenance costs and correction of existing deficiencies from the impact fee;
10. establish the amount of the impact fee that will be imposed for each unit of increased service
demand; and
11. have a component of the budget of the governmental entity that:
a. schedules construction of public facility capital improvements to serve projected
growth;
b. projects costs of the capital improvements;
c. allocates collected impact fees for construction of the capital improvements; and
d. covers at least a 5‐year period and is reviewed and updated at least every 5 years.
Legal Framework
Both state and federal courts have recognized the imposition of impact fees as a legitimate form of land
use regulation, provided the fees meet standards intended to protect against regulatory takings. Land use
regulations, development exactions, and impact fees are subject to the Fifth Amendment prohibition on
taking of private property for public use without just compensation. To comply with the Fifth Amendment,
development regulations must be shown to substantially advance a legitimate governmental interest. In
the case of impact fees, that interest is in the protection of public health, safety, and welfare by ensuring
development is not detrimental to the quality of essential public services. The means to this end are also
important, requiring both procedural and substantive due process. The process followed to receive
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community input (i.e., stakeholder meetings, work sessions, and public hearings) provides opportunities
for comments and refinements to the impact fees.
There are three reasonable relationship requirements for impact fees that are closely related to “rational
nexus”, or “reasonable relationship” requirements enunciated by a number of state courts. Although the
term “dual rational nexus” is often used to characterize the standard by which courts evaluate the validity
of impact fees under the U.S. Constitution, we prefer a more rigorous formulation that recognizes three
elements: “need,” “benefit,” and “proportionality.” The dual rational nexus test explicitly addresses only
the first two, although proportionality is reasonably implied, and was specifically mentioned by the U.S.
Supreme Court in the Dolan case (Dolan v. City of Tigard, OR, 1994). Furthermore, the plaintiff in the 2024
Sheetz v. El Dorado County U.S. Supreme Court case argued that the El Dorado County, CA impact fee
program failed to meet the Nollan/Dolan test. The U.S. Supreme Court remanded the case back to the
California Supreme Court for further proceedings on a stricter interpretation of the rational nexus,
specifically the extent impact fees can be “roughly proportionate.” Thus, it has been determined that
State courts will make similar judgements on future similar cases. Individual elements of the nexus
standard are discussed further in the following paragraphs.
All new development in a community creates additional demands on some, or all, public facilities provided
by local government. If the capacity of facilities is not increased to satisfy that additional demand, the
quality or availability of public services for the entire community will deteriorate. Impact fees may be used
to recover the cost of development‐related facilities, but only to the extent that the need for facilities is
a consequence of development that is subject to the fees. The Nollan decision reinforced the principle
that development exactions may be used only to mitigate conditions created by the developments upon
which they are imposed. That principle clearly applies to impact fees. In this study, the impact of
development on infrastructure needs is analyzed in terms of quantifiable relationships between various
types of development and the demand for specific capital facilities, based on applicable level‐of‐service
standards.
The requirement that exactions be proportional to the impacts of development was clearly stated by the
U.S. Supreme Court in the Dolan case and is logically necessary to establish a proper nexus. Proportionality
is established through the procedures used to identify development‐related facility costs, and in the
methods used to calculate impact fees for various types of facilities and categories of development. The
demand for capital facilities is measured in terms of relevant and measurable attributes of development
(e.g., a typical housing unit’s average weekday vehicle trips).
A sufficient benefit relationship requires that impact fee revenues be segregated from other funds and
expended only on the facilities for which the fees were charged. Impact fees must be expended in a timely
manner and the facilities funded by the fees must serve the development paying the fees. However,
nothing in the U.S. Constitution or the state enabling legislation requires that facilities funded with fee
revenues be available exclusively to the development paying the fees. In other words, benefit may extend
to a general area including multiple real estate developments. Procedures for the earmarking and
expenditure of fee revenues are discussed near the end of this study. All of these procedural as well as
substantive issues are intended to ensure that new development benefits from the impact fees they are
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required to pay. The authority and procedures to implement impact fees are separate from and
complementary to the authority to require improvements as part of subdivision or zoning review.
As documented in this report, the City of Bozeman has complied with applicable legal precedents. Impact
fees are proportionate and reasonably related to the capital improvement demands of new development.
Specific costs have been identified using local data and current dollars. With input from City staff,
TischlerBise identified service demand indicators for each type of infrastructure and calculated
proportionate share factors to allocate costs by type of development. This report documents the formulas
and input variables used to calculate the impact fees for each type of public facility. Impact fee
methodologies also identify the extent to which new development is entitled to various types of credits
to avoid potential double payment of growth‐related capital costs.
Methodology
Impact fees for public facilities made necessary by new development must be based on the same level of
service provided to existing development in the service area. There are three basic methodologies used
to calculate impact fees. They examine the past, present, and future status of infrastructure. The objective
of evaluating these different methodologies is to determine the best measure of the demand created by
new development for additional infrastructure capacity. Each method has advantages and disadvantages
in a particular situation and can be used simultaneously for different cost components. Additionally,
impact fees for public facilities can also include a fee for the administration of the impact fee not to exceed
five percent of the total impact fee collected.
Reduced to its simplest terms, the process of calculating impact fees involves two main steps: (1)
determining the cost of growth‐related capital improvements and (2) allocating those costs equitably to
various types of development. In practice, though, the calculation of impact fees can become quite
complicated because of the many variables involved in defining the relationship between development
and the need for facilities within the designated service area. The following paragraphs discuss basic
methods for calculating impact fees and how those methods can be applied.
Cost Recovery (past improvements) ‐ The rationale for recoupment, often called cost recovery, is
that future development is paying for its share of the useful life and remaining capacity of facilities
already built, or land already purchased, from which future development will benefit. This
methodology is often used for utility systems that must provide adequate capacity before new
development can take place.
Incremental Expansion (concurrent improvements) ‐ The incremental expansion methodology
documents current level‐of‐service standards for each type of public facility, using both quantitative
and qualitative measures. This approach assumes there are no existing infrastructure deficiencies or
surplus infrastructure capacity. Future development is only paying its proportionate share for
growth‐related infrastructure. Revenue will be used to expand or provide additional facilities, as
needed, to accommodate future development. An incremental expansion methodology is best suited
for public facilities that will be expanded in regular increments to keep pace with development.
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Plan‐Based (future improvements) ‐ The plan‐based methodology allocates costs for a specified set
of improvements to a specified amount of development. Improvements are typically identified in a
long‐range facility plan and development potential is identified by a land use plan. There are two
basic options for determining the cost per service demand unit: (1) total cost of a public facility can
be divided by total service demand units (average cost), or (2) the growth‐share of the public facility
cost can be divided by the net increase in service demand units over the planning timeframe
(marginal cost).
Conceptual Impact Fee Calculation
In contrast to project‐level improvements, impact fees fund growth‐related infrastructure that will benefit
multiple development projects, or the entire service area (usually referred to as system improvements).
The first step is to determine an appropriate service demand unit for the particular type of infrastructure.
The service demand indicator measures the number of service units for each unit of development. For
example, an appropriate indicator of the demand for roadways is vehicle trips or vehicle miles of travel
that can be determined by development type. The second step in the impact fee formula is to determine
infrastructure improvement units per service demand unit, typically called level of service (LOS) standards.
In keeping with the roadway example, a common LOS standard is volume to capacity ratio. The third step
in the impact fee formula is the cost of various infrastructure units. To complete the roadway example,
this part of the formula would establish a construction cost per lane mile of road expansion.
The body of the report will detail these steps specific to the Bozeman Wastewater Impact Fee analysis.
For reference, the service units and LOS standards can be found starting on page 10 and infrastructure
costs starting on page 17.
Evaluation of Credits
The consideration of credits is integral to the development of a legally defensible impact fee. There are
two types of credits that should be addressed in impact fee studies and ordinances. The first is a revenue
credit due to possible double payment situations, which could occur when other revenues expected to be
paid by future development may contribute to the capital costs of infrastructure covered by the impact
fee. This type of credit is integrated into the fee calculation, thus reducing the fee amount.
The second type of credit is a site‐specific credit for system improvements that have been included in the
impact fee calculations. Policies and procedures related to site‐specific credits for system improvements
are addressed in the ordinance that establishes the impact fees. However, the general concept is that
developers may be eligible for site‐specific credits only if they provide system improvements that have
been included in the impact fee calculations. Project improvements normally required as part of the
development approval process are not eligible for credits against impact fees. Site‐specific credits are
addressed in the administration and implementation of the development fee program.
Below, Figure 1 summarizes service areas, methodologies, and infrastructure cost components. Described
in the body of the report, the analysis takes a hybrid approach to calculating the capital cost of providing
wastewater service to future development.
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Figure 1. Impact Fee Service Areas, Methodologies, and Cost Allocation
Maximum Supportable Wastewater Impact Fees
The following figures list the schedule of the maximum supportable impact fees by type of land use. The
fees represent the highest amount allowable for each type of applicable land use. The City may adopt fees
that are less than the amounts shown. However, a reduction in impact fee revenue will necessitate an
increase in other revenues, a decrease in planned capital expenditures, and/or a decrease in levels of
service.
The maximum supportable impact fees for residential development will be assessed per housing unit,
based on the square footage of the unit. This study presents additional size bands compared to the current
fee schedule. Expanding the schedule allows for further proportionately for smaller and larger housing
units. Nonresidential impact fees will be assessed based on water meter size.
Figure 2. Maximum Supportable Wastewater Impact Fee Schedule – Single‐Unit Dwelling Including
Townhomes
Wastewater Citywide
Wastewater Collection,
Treatment ‐Wastewater Collection,
Treatment Gallons
Cost
AllocationFee Category Service Area
Incremental
Expansion Plan‐Based
Cost
Recovery
Residential ‐ Single‐Unit Dwelling including Townhomes
Residential (per housing unit)
Under 600 $1,109 $1,336 ($227)
600 to 800 $1,287 $1,336 ($49)
801 to 1,000 $1,559 $1,336 $223
1,001 to 1,200 $1,779 $1,336 $443
1,201 to 1,400 $1,967 $1,336 $631
1,401 to 1,600 $2,124 $1,699 $425
1,601 to 1,800 $2,260 $1,794 $466
1,801 to 2,000 $2,386 $1,908 $478
2,001 to 2,200 $2,490 $2,043 $447
2,201 to 2,400 (avg.)$2,595 $2,157 $438
2,401 to 2,600 $2,679 $2,272 $407
2,601 to 2,800 $2,762 $2,309 $453
2,801 to 3,000 $2,846 $2,425 $421
3,001 to 3,200 $2,919 $2,577 $342
3,201 to 3,400 $2,982 $2,577 $405
3,401 to 3,600 $3,055 $2,577 $478
3,601 to 3,800 $3,108 $2,577 $531
3,801 to 4,000 $3,171 $2,577 $594
4,001 or More $3,223 $2,577 $646
Increase/
(Decrease)
Current
Base Fee
Dwelling Size
(square feet)
Maximum
Supportable Fee
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Figure 3. Maximum Supportable Wastewater Impact Fee Schedule – Other Residential
Figure 4. Maximum Supportable Wastewater Impact Fee Schedule – Nonresidential
Residential ‐ Other Residential
Residential (per housing unit)
Under 600 $1,038 $1,336 ($298)
600 to 800 $1,220 $1,336 ($116)
801 to 1,000 $1,479 $1,336 $143
1,001 to 1,200 $1,687 $1,336 $351
1,201 to 1,400 $1,868 $1,336 $532
1,401 to 1,600 (avg.)$1,998 $1,699 $299
1,601 to 1,800 $2,128 $1,794 $334
1,801 to 2,000 $2,258 $1,908 $350
2,001 to 2,200 $2,361 $2,043 $318
2,201 to 2,400 $2,465 $2,157 $308
2,401 to 2,600 $2,543 $2,272 $271
2,601 to 2,800 $2,621 $2,309 $312
2,801 to 3,000 $2,699 $2,425 $274
3,001 to 3,200 $2,751 $2,577 $174
3,201 to 3,400 $2,829 $2,577 $252
3,401 to 3,600 $2,880 $2,577 $303
3,601 to 3,800 $2,932 $2,577 $355
3,801 to 4,000 $3,010 $2,577 $433
4,001 or More $3,036 $2,577 $459
Group Quarters (per person)
Group Quarters $1,194 $858 $336
Dwelling Size
(square feet)
Maximum
Supportable Fee
Current
Base Fee
Increase/
(Decrease)
Nonresidential
3/4 $6,749 $2,863 $3,886
1 $11,236 $4,773 $6,463
1 1/2 $22,499 $9,547 $12,952
2 $35,993 $15,276 $20,717
3 $67,496 $28,644 $38,852
Increase/
(Decrease)
Meter Size
(inches)
Maximum
Supportable Fee
Current
Base Fee
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WASTEWATER SERVICE AREA REPORT
The Bozeman Wastewater Impact Fee Study includes improvements towards wastewater collection and
treatment. Wastewater demand flows through these infrastructure components at separate times, thus,
the components are examined separately. The analysis uses a hybrid approach to calculate the average
capital cost per gallon to provide the two infrastructure components to future development. The
methodology includes a cost recovery approach associated with previously constructed growth‐related
infrastructure that was debt‐financed and includes future growth‐related projects identified in the FY26‐
31 Capital Improvement Plan (plan‐based). The requirement and purpose of the service area report is
explained on page 3.
Importantly, the fee calculation uses previously constructed and future infrastructure projects and
capacity added by the projects (in gallons) to determine the average construction cost per gallon to the
City of Bozeman to expand that type of infrastructure. The average cost per gallon is then multiplied by
the wastewater demand (in gallons) by development type to find the maximum supportable impact fee.
The methodology is not taking a more aggressive pure plan‐based approach by directly attributing specific
projects to a specific amount of growth (i.e. a 10‐year capital plan compared to a 10‐year projected
growth). Rather, the updated impact fees represent the cost to expand the Bozeman wastewater network
at a per gallon basis and the specific wastewater demand by the development type.
Service Area
The Bozeman wastewater system is one, interconnected network and the wastewater impact fee program
funds infrastructure which benefits all future wastewater users. As such, there is one, citywide service
area in the analysis.
Cost Allocation
Wastewater infrastructure is sized to service peak time demand. Thus, costs for wastewater
improvements are allocated to residential and nonresidential development based on daily wastewater
use (gallons) during peak month. Additionally, a peaking factor is applied to the wastewater collection
component of the analysis to account for the sizing needed in collection mains. If an annual average metric
was used there would be a mismatch between infrastructure capital planning, costs, and demand from
development.
Service Demand Units
A service unit is a standardized measure of demand. The service unit for the wastewater development
fees is an Equivalent Dwelling Unit (EDU). The standard EDU represents the demand from an average sized
single‐unit dwelling with a ¾‐inch water meter. The following section details the calculations to estimate
EDU daily wastewater use during peak month. For wastewater service, the level of service is the amount
of capacity (gallons) allocable to an EDU. The level of service generally represents the amount of capacity
attributable to an EDU.
To understand wastewater demand, water use is examined. Based on water utility account data, the
September billing cycle has been the peak month in Bozeman for water use. The three‐year average for
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daily water use during the peak month from an EDU (single‐unit dwelling with a ¾‐inch meter) is 407
gallons.
Shown in Figure 5, the Water Conservation and Efficiency Plan estimated that 33 percent of residential
wastewater use is for indoor uses, or 134 gallons per EDU (407 gallons x 33 percent = 134 gallons). Daily
indoor water use is used to calculate the wastewater treatment component of the impact fee.
Figure 5. Wastewater Treatment ‐ EDU Peak Month Average Daily Gallons
Importantly, wastewater flow fluctuates during a typical day. Flow peaks in the morning and in the
evening, which is accounted for when the wastewater network of collection mains is constructed.
Allowing for additional room in the collection mains results in the most efficient flow rate and prevents
sewer backups. This is called a peaking factor. In Bozeman, the peaking factor is 330 percent of the daily
demand. In other words, the wastewater collection network is sized at 330 percent of the daily indoor
water use to ensure proper service. For an EDU, this peaking factor results in a demand on the collection
infrastructure of 442 gallons (134 gallons of indoor water use x 330 percent = 442 gallons).
Figure 6. Wastewater Collection ‐ EDU Peak Month Average Daily Gallons
Residential Bozeman wastewater impact fees are based on the size and type of the dwelling unit. In Figure
7, the analysis incorporates persons per household (PPHH) factors to calculate EDUs by size groupings.
Additionally, the current average size Single‐Unit dwelling in Bozeman is between 2,201 and 2,400 square
feet which generates 2.48 PPHH. These characteristics are assumed for an EDU. As a result, EDUs per
household are found by comparing the PPHHs. For example, the average size Other Residential housing
type has 1.92 PPHH or 0.77 EDUs (1.92 PPHH / 2.48 PPHH per EDU = 0.77 EDUs). Note: definitions for the
Single‐Unit Dwelling and Other Residential housing types can be found in Appendix B: Land Use
Definitions.
Single‐Unit Dwelling 3/4‐Inch Meter Gallons
3‐Year Avg. Peak Month Daily Water Use [1] 407
Indoor Peak Water Use (33%) [2] 134
[1] Water utility account data
[2] Bozeman Water Conservation and Efficiency Plan (2023)
EDU Treatment Demand ‐ Indoor Water Use (gals)* 134
Collection Peaking Factor [1] 330%
EDU Collection Demand (gals) 442
Bozeman Wastewater Demand
[1] Collection systems are sized to handle peak use plus
additional room for adequate flow.
*Indoor water use has been calculated based on utility
account data and removing estimated irrigation water use.
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Figure 7. Wastewater Ratio of Service Unit to Development Unit
Nonresidential wastewater impact fees are calculated based on demand relative to an EDU. Using account
data, a Single‐Unit dwelling with a ¾‐inch water meter averaged 65,934 gallons in 2022 while commercial
and industrial users with the same sized water meter averaged 171,478 gallons in 2022. Thus, a
nonresidential user with a ¾‐inch meter consumes 260 percent of a residential use with the same meter
size. In other words, a nonresidential user with a ¾‐inch meter represents 2.60 EDUs. In the previous
(2018) impact fee study, nonresidential users accounted for 1.50 EDUs.
This difference in relationship of demand between residential and nonresidential uses may be influenced
by a variety of factors including conservation efforts by residential users, higher occupancy in office
spaces, busier restaurants, or similar increases in intensity of use.
Figure 8. Comparison of Residential and Nonresidential Demand
Following the data presented in Figure 9, a nonresidential development using a ¾‐inch water meter is
assessed 2.60 EDUs. Furthermore, the AWWA standards for max water flow by water meter size are used
Single‐Unit Dwelling including Townhomes Other Residential
Single‐Unit Other Res.
PPHH EDU PPHH EDU
Under 600 1.06 0.43 Under 600 1.00 0.40
600 to 800 1.23 0.50 600 to 800 1.16 0.47
801 to 1,000 1.49 0.60 801 to 1,000 1.41 0.57
1,001 to 1,200 1.70 0.69 1,001 to 1,200 1.61 0.65
1,201 to 1,400 1.88 0.76 1,201 to 1,400 1.78 0.72
1,401 to 1,600 2.03 0.82 1,401 to 1,600 (avg. other) 1.92 0.77
1,601 to 1,800 2.16 0.87 1,601 to 1,800 2.04 0.82
1,801 to 2,000 2.28 0.92 1,801 to 2,000 2.16 0.87
2,001 to 2,200 2.38 0.96 2,001 to 2,200 2.25 0.91
2,201 to 2,400 (EDU) 2.48 1.00 2,201 to 2,400 2.35 0.95
2,401 to 2,600 2.56 1.03 2,401 to 2,600 2.42 0.98
2,601 to 2,800 2.64 1.06 2,601 to 2,800 2.50 1.01
2,801 to 3,000 2.72 1.10 2,801 to 3,000 2.57 1.04
3,001 to 3,200 2.79 1.13 3,001 to 3,200 2.64 1.06
3,201 to 3,400 2.85 1.15 3,201 to 3,400 2.70 1.09
3,401 to 3,600 2.92 1.18 3,401 to 3,600 2.76 1.11
3,601 to 3,800 2.97 1.20 3,601 to 3,800 2.81 1.13
3,801 to 4,000 3.03 1.22 3,801 to 4,000 2.87 1.16
4,001 or More 3.08 1.24 4,001 or More 2.91 1.17
Group Quarters (per person)
Group Quarters 1.00 0.40
Dwelling Size
(square feet)
Dwelling Size
(square feet)
2022 2022
2022
3/4 Inch Meter Account
Single‐Unit Dwelling 662 10,038 65,934
Commercial, Industrial 127 741 171,478
Nonresidential Use vs Residential Use 260%
Total Water
Use (MGD)
Avg Use (gal)
per Account
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to calculate EDUs for developments with larger water meters. For example, the max water flow for a 1.5‐
inch meter is 100 gallons per minute, resulting in 8.67 EDUs (100 gpm / 30 gpm x 2.60 EDUs = 8.67 EDUs).
Larger meters can show highly variable use patterns. Thus, nonresidential developments with a water
meter greater than three inches are assessed an impact fee on a case‐by‐case basis based on its specific
estimated wastewater need. Estimated need is determined from plumbing fixture counts and other data
during the building permit process to establish an expected average gallons per day. The City does not
have an adequate installed inventory of meters greater than three inches diameter to provide a reliable
average demand value. Wastewater demand comes from flows to the sewer system; therefore, water
meters which only supply irrigation systems are not charged wastewater impact fees.
Figure 9. Nonresidential EDU Factor by Wastewater Meter Size
Existing and Projected Growth in Service Area
Based on the Water Conservation and Efficiency Plan (2023), indoor water use accounts for 74 percent of
total water demand in Bozeman. Indoor water use is assumed to represent the wastewater demand from
residential and nonresidential users. Total water use in 2023 was estimated at a daily average of 6.30
MGD. Thus, the daily wastewater demand from residential and nonresidential users is 4.66 MGD (6.30
MGD x 74 percent = 4.66 MGD). Note that the Water Reclamation Facility (WRF) receives more than 4.66
MGD because of groundwater inflow and stormwater infiltration (I/I). This additional flow to the WRF is a
naturally occurring element for typical wastewater systems and fluctuates throughout the year depending
on high groundwater conditions and rain events.
It is very difficult to accurately project daily average I/I flows, and impact fees can only fund infrastructure
related to residential and nonresidential users. Thus, the 10‐year wastewater projections in Figure 10 only
represent the demand from development (excluding I/I). Based on water demand projections under the
Plumbing Code and Conservation Program A scenario in the Water Conservation and Efficiency Plan,
wastewater demand is estimated to grow by 1.63 MGD over the next ten years, a 35 percent increase.
3/4 30 2.60
1504.33
1 1/2 100 8.67
2 160 13.87
3 300 26.01
Meter Size
(inches)
AWWA
Max Flow (gal) [1]
EDU Factor
[2]
[2] Nonresidential demand from 3/4 inch accounts is 260
percent of demand from residential EDU demand.
[1] American Water Works Association max water flow
(gallons per minute) standards.
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Figure 10. Projected Daily Residential and Nonresidential Wastewater Use
Base Year
City of Bozeman 2023 2024 2025 2026 2027 2028 2033
Total Daily Wastewater Use (MGD)* 4.66 4.85 5.04 5.19 5.33 5.48 6.29 1.63
*Total for residential and nonresidential wastewater users
10‐Year
Increase
Source: Bozeman Water Conservation and Efficiency Plan (2023); Water projection based on Plumbing Code and
Conservation Program A Savings. Indoor water use (sewer demand) is estimated to be 74 percent of total water use.
5‐Year Increment
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Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 15 Wastewater Capital Improvement Plan The impact fee portion of the FY26‐30 Wastewater Capital Improvement Plan (CIP) is listed in Figure 11 and Figure 12. The City of Bozeman publishes an annual CIP with a larger project list that includes projects that are not impact fee eligible. The five‐year plan totals $58.8 million that addresses wastewater collection and treatment infrastructure needs to accommodate future development. The majority ($50.4 million) is impact fee eligible, while $8.4 million is scheduled based on other sources of funding. Figure 11. Bozeman Impact Fee Funding Wastewater Capital Improvement Plan ProjectCode Project Name FY26 FY27 FY28 FY29 FY30 Total CostWW129 WRF Base Hydraulic Phase 1 $1,607,600 ‐ ‐ ‐ ‐ $1,607,600WW131 WRF Base Hydraulic Phase 2 $400,000 $1,607,700 $14,132,300 ‐ ‐ $16,140,000WWIF59 WRF Screw Press Upgrade ‐ ‐ ‐ ‐ ‐ $1,540,000WWIF60 WRF Screw Press No. 3 Improvement ‐ ‐ ‐ ‐ ‐ $2,651,000WWIF61 WRF Additional Peps Pump ‐ ‐ ‐ ‐ ‐ $869,000WWIF62 WRF Additional Headworks Screen ‐ ‐ ‐ ‐ ‐ $792,000WWIF63 Gooch Hill Lift Station $1,500,000 $1,625,000 $9,464,500 ‐ ‐ $12,589,500WWIF58 Fowler Sewer Upgrade $988,500 ‐ ‐ ‐ ‐ $988,500WW138 MSU Interceptor $836,800 $4,931,900 ‐ ‐ ‐ $5,768,700WWIF99 Wastewater Development Oversizing $70,000 $200,000 $500,000 ‐‐ $770,000WW139 4th Avenue, Babcock Street and Grand Avenue Sewer Repl. ‐ $108,900 $642,000 ‐ ‐ $750,900WWIF20 N. Frontage Interceptor ‐ $1,134,000 ‐ $6,683,300 ‐ $7,817,300WWIF44 WRF Interceptor ‐ ‐ $231,600 $1,365,100 ‐ $1,596,700WW140 North 9th Avenue, West Villard Street, and South 9th Avenue Sewer Repl. ‐ ‐ $369,000 $2,174,600 ‐ $2,543,600WWIF53 Cottonwood Rd Sewer Capacity ‐ ‐ ‐ $327,000 $2,022,000 $2,349,000$5,402,900 $9,607,500 $25,339,400 $10,550,000 $2,022,000 $58,773,800ALL FUNDING350
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 16 Figure 12. Bozeman Impact Fee Funding Wastewater Capital Improvement Plan cont. ProjectCode Project Name Project Type Total CostImpact FeeFundingOtherFundingWW129 WRF Base Hydraulic Phase 1 Treatment $1,607,600 $1,607,600 $0WW131 WRF Base Hydraulic Phase 2 Treatment $16,140,000 $16,140,000 $0WWIF59 WRF Screw Press Upgrade Treatment $1,540,000 $1,540,000 $0WWIF60 WRF Screw Press No. 3 Improvement Treatment $2,651,000 $2,651,000 $0WWIF61 WRF Additional Peps Pump Treatment $869,000 $869,000 $0WWIF62 WRF Additional Headworks Screen Treatment $792,000 $792,000 $0WWIF63 Gooch Hill Lift Station Collection $12,589,500 $12,589,500 $0WWIF58 Fowler Sewer Upgrade Collection $988,500 $466,800 $521,700WW138 MSU Interceptor Collection $5,768,700 $2,711,300 $3,057,400WWIF99 Wastewater Development Oversizing Collection $770,000 $770,000 $0WW139 4th Avenue, Babcock Street and Grand Avenue Sewer Repl. Collection $750,900 $270,300 $480,600WWIF20 N. Frontage Interceptor Collection $7,817,300 $5,721,600 $2,095,700WWIF44 WRF Interceptor Collection $1,596,700 $1,596,700 $0WW140 North 9th Avenue, West Villard Street, and South 9th Avenue Sewer Repl. Collection $2,543,600 $330,700 $2,212,900WWIF53 Cottonwood Rd Sewer Capacity Collection $2,349,000 $2,349,000$0Total $58,773,800 $50,405,500 $8,368,300
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Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 17 Cost Analysis of Wastewater Projects This Service Area Report defines the service demand units and the service area to be used in the impact fee calculations. This section details the method of calculating the capital cost to service new demand for wastewater collection and treatment. The cost per gallon is applied to the service demand units at the end of the report to calculate the maximum supportable impact fees by land use type. As mentioned, the fee calculation uses the previously constructed and future infrastructure projects and capacity added by the projects (in gallons) to determine the average construction cost per gallon to the City of Bozeman to expand that type of infrastructure. The average cost per gallon is then multiplied by the wastewater demand (in gallons) by development type to find the maximum supportable impact fee. The methodology is not taking a more aggressive pure plan‐based approach by directly attributing specific projects to a specific amount of growth (i.e. a 10‐year capital plan compared to a 10‐year projected growth). Rather, the updated impact fees represent the cost to expand the Bozeman wastewater network at a per gallon basis and the specific wastewater demand by the development type. Wastewater demand flows through these infrastructure components at separate times, thus, the components are examined separately. Wastewater Collection Cost Analysis There are eleven wastewater collection projects which are growth‐related and the City plans to fund with impact fees. Two of these projects have been previously constructed and debt financed. Impact fees can be used to fund principal and interest payments for growth‐related projects. Shown in Figure 13, the Front Street Interceptor project is considered to be 70 percent growth‐related, and the Davis/Norton Lift Station and Force Main project is considered to be 96 percent growth‐related. The growth‐related portions have been determined based on the capacity added to the wastewater collection network. The total remaining debt payments are combined with the percentage growth’s share to calculate growth’s share of the remaining payments. Figure 13. Previously Constructed Debt‐Financed Wastewater Collection Growth‐Related Projects Figure 14 combines the two previously constructed projects with the future collection projects in the CIP resulting in a total cost of $53 million, $43.2 million is impact fee eligible. In the case of wastewater collection infrastructure, the capital cost per gallon is found by dividing the impact fee eligible cost by the current capacity of the wastewater network. The capacity of the wastewater network is based on the current capacity of Collection ProjectsFront Street Interceptor 2020 2040 $2,867,138 70% $2,006,996Davis/Norton Lift Station and Force Main 2021 2041 $14,977,450 96% $14,378,352Total $17,844,588 $16,385,348*Based on the capacity added to the wastewater collection networkGrowth‐RelatedRemaining PaymentsYearDebt MaturesGrowth'sShare*RemainingPaymentsYearDebt Issued352
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 18 the wastewater treatment plant (8.50 MGD). As a result, the wastewater collection capital cost per gallon is $5.08 ($43,191,248 / 8.50 MGD = $5.08 per gallon). This represents the capital cost to the Bozeman wastewater network for future development to buy‐in to the current collection network. Figure 14. Wastewater Collection Capital Cost per Gallon Wastewater Treatment Cost Analysis There are seven wastewater treatment projects which are growth‐related and the City plans to fund with impact fees. One of these projects is the previous WRF expansion project which was debt‐financed. Shown in Figure 15, the 2010 expansion project increased the capacity from 5.8 MGD to 8.5 MGD, thus 31.8 percent growth‐related (2.7 MGD / 8.5 MGD = 31.8 percent). The total remaining debt payments are combined with the percentage growth’s share to calculate growth’s share of the remaining payments. The non‐growth‐related portion of this debt is to be funded through utility rates. The non‐growth‐related portion represents a previous deficiency resulting from a change in terms of the discharge permit issued by the State of Montana for the WRF which is not impact fee eligible, thus other funding is needed. In other words, existing and future wastewater users pay their fair share of addressing infrastructure deficiencies through utility rates and future users pay their fair share of capacity expansion through the impact fees. The City of Bozeman accounts for these separate sources WWIF63 Gooch Hill Lift Station Collection FY26 $12,589,500 $12,589,500WWIF58 Fowler Sewer Upgrade Collection FY26 $988,500 $466,800WW138 MSU Interceptor Collection FY26 $5,768,700 $2,711,300WWIF99 Wastewater Development Oversizing Collection FY26 $770,000 $770,000WW139 4th Avenue, Babcock Street and Grand Avenue Sewer Main Replacement Collection FY27 $750,900 $270,300WWIF20 N. Frontage Interceptor Collection FY27 $7,817,300 $5,721,600WWIF44 WRF Interceptor Collection FY28 $1,596,700 $1,596,700WW140 North 9th Avenue, West Villard Street, and South 9th Avenue Sewer Main Replacement Collection FY27 $2,543,600 $330,700WWIF53 Cottonwood Rd Sewer Capacity Collection FY29 $2,349,000 $2,349,000‐ Front Street Interceptor* Collection FY20 $2,867,138 $2,006,996‐ Davis/Norton Lift Station and Force Main* Collection FY21 $14,977,450 $14,378,352Total $53,018,788 $43,191,248Impact Fee Related Costs $43,191,248Capacity of Wastewater System (MGD) 8.50Capital Cost per Gallon $5.08Impact FeeFundingProjectCode Project Name Project TypeYearScheduled Total Cost* Previously constructed projects which were growth‐related and debt financed. Total cost represents the remaining principal and interest payments for the issued bonds, while the impact fee funding portion is the growth's share.353
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 19 and growth share of expansion projects ensuring utility rates are not funding growth portions of debt. Thus, no revenue credit is needed to prevent double charging. Figure 15. Previously Constructed Debt‐Financed Wastewater Treatment Growth‐Related Projects Along with the previous WRF expansion project, the City anticipates additional expansions to accommodate future growth. The future projects are anticipated to increase capacity by 6.10 MGD to the WRF. Figure 16 combines the WRF projects resulting in a total cost of $33.5 million, $26.7 million is impact fee eligible. The project list adds 8.80 MGD to the WRF as well. The average cost per gallon to add WRF capacity is found by dividing growth’s cost by the gallons added, resulting in $3.04 per gallon ($26,744,417 / 8.80 MGD = $3.04 per gallon). As mentioned, the total $26.7 million in impact fee eligible costs is not wholly attributed to development over the next ten years. Rather, the analysis has calculated the average cost per gallon to expand the water reclamation facility based on previous and future capital projects. Later in the report, the average cost per gallon will be applied to the demand by development type to find the maximum supportable impact fee. Figure 16. Wastewater Treatment Capital Cost per Gallon Treatment ProjectWastewater Reclamation Facility 2010 2030 $9,900,351 31.8% $3,144,817Total $9,900,351 $3,144,817*Capacity at the WRF was expanded from 5.8 MGD to 8.5 MGD. Adding 2.7MGD, the project is 31.8% growth‐related (2.7 MGD/8.5 MGD = 31.8%).RemainingPaymentsGrowth'sShare*Growth‐RelatedRemaining PaymentsYearDebt IssuedYearDebt MaturesProjectCode Project Name Project TypeYearScheduled Total CostImpact FeeFundingCapacityIncrease MGDWW129 WRF Base Hydraulic Phase 1 Treatment FY26 $1,607,600 $1,607,600WW131 WRF Base Hydraulic Phase 2 Treatment FY26 $16,140,000 $16,140,000WWIF59 WRF Screw Press Upgrade Treatment FY31+ $1,540,000 $1,540,000WWIF60 WRF Screw Press No. 3 Improvement Treatment FY31+ $2,651,000$2,651,000WWIF61 WRF Additional Peps Pump Treatment FY31+ $869,000 $869,000WWIF62 WRF Additional Headworks Screen Treatment FY31+ $792,000 $792,000‐ 2010 WRF Expansion Project* Treatment FY10 $9,900,351 $3,144,817 2.70Total $33,499,951 $26,744,417 8.80Impact Fee Related Costs $26,744,417Capacity Increase (MGD) 8.80Capital Cost per Gallon $3.04*Total cost represents total remaining payments, while impact fee amount is the growth‐related portion of the payments (31.8 percent).6.10354
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Credit for Other Revenues Sources
Evaluation of other revenues funding capital expansion is necessary to ensure the impact fee is
proportionate and there are no double charging scenarios.
The City has an existing impact fee fund balance ($4.9 million) that is not scheduled for current projects
and will fund a portion of the CIP. Currently, the growth‐related CIP and remaining debt payments total
$69.9 million. Thus, 6.9 percent of the growth‐related wastewater infrastructure cost has already been
collected. A credit for this amount is included in the final impact fee calculation.
Figure 17. Existing Wastewater Impact Fee Fund Balance Credit
Furthermore, City staff examines the non‐growth‐related share of each wastewater project. The portion
that is considered to be non‐growth‐related is funded through other sources such wastewater utility rates.
In this case, impact fees are funding the growth‐related portion, thus there is no double charging concern
and no need for another revenue credit.
Wastewater Department Personnel and Operations
As described in the legal framework section of this report, impact fees are limited to capacity adding
capital expansion. No Wastewater Department personnel, operations, or maintenance expenses are
allowed to be included in an impact fee and all such expenses are excluded from the impact fee. All these
expenses are paid for with monthly service charges or other non‐impact fee revenue.
City of Bozeman
Wastewater
Impact Fee Fund
Existing Fund Balance* $4,857,410
Growth‐Related CIP + Debt $69,935,665
Balance Share of Growth‐Related Costs 6.9%
*Excludes balance that is earmarked for current projects
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Maximum Supportable Wastewater Impact Fees
The following figures list the maximum supportable Bozeman Wastewater Impact Fees for residential and
nonresidential development and include an administration fee of five percent (§ 7‐6‐1601(5a)) and the
credit for the existing fund balance credit. As detailed, demand on wastewater treatment and collection
infrastructure is different because of the peaking factor needed for collection infrastructure. The cost per
gallon for each component along with the proportionate share of the credit and administrative fee are
combined with the gallons per EDU to find the capital cost per EDU by component. For example, the net
cost per gallon for treatment infrastructure is $2.97 resulting in $398 per EDU ($2.97 per gallon x 134
gallons per EDU = $398 per EDU). The grand total capital cost per EDU is $2,595.
Fees are calculated based on EDUs. For example, the fee for a 1,300 square foot Single‐Unit dwelling is
$1,967 ($2,595 per EDU x 0.76 EDUs = $1,967 per unit).
The fees represent the highest amount allowable for each type of applicable land use, which represents
new growth’s fair share of the cost for capital facilities. The City may adopt fees that are less than the
amounts shown. However, a reduction in impact fee revenue will necessitate an increase in other
revenues, a decrease in planned capital expenditures, and/or a decrease in levels of service.
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Figure 18. Maximum Supportable Wastewater Impact Fee Schedule – Single‐Unit Dwelling
Cost
per Gallon
WW Treatment Plant Projects $3.04
WW Collection Projects $5.08
Gross Total $8.12
Credit for Existing Fund Balance (6.9%)($0.56)
Administrative Fee (5%) $0.38
Wastewater Gallons per EDU ‐ Treatmeant 134
Subtotal Capital Cost per EDU $398
Wastewater Gallons per EDU ‐ Collection 442
Subtotal Capital Cost per EDU $2,197
Grand Total Capital Cost per EDU $2,595
Residential ‐ Single‐Unit Dwelling including Townhomes
Residential (per housing unit)
Under 600 0.43 $1,109 $1,336 ($227)
600 to 800 0.50 $1,287 $1,336 ($49)
801 to 1,000 0.60 $1,559 $1,336 $223
1,001 to 1,200 0.69 $1,779 $1,336 $443
1,201 to 1,400 0.76 $1,967 $1,336 $631
1,401 to 1,600 0.82 $2,124 $1,699 $425
1,601 to 1,800 0.87 $2,260 $1,794 $466
1,801 to 2,000 0.92 $2,386 $1,908 $478
2,001 to 2,200 0.96 $2,490 $2,043 $447
2,201 to 2,400 (avg.) 1.00 $2,595 $2,157 $438
2,401 to 2,600 1.03 $2,679 $2,272 $407
2,601 to 2,800 1.06 $2,762 $2,309 $453
2,801 to 3,000 1.10 $2,846 $2,425 $421
3,001 to 3,200 1.13 $2,919 $2,577 $342
3,201 to 3,400 1.15 $2,982 $2,577 $405
3,401 to 3,600 1.18 $3,055 $2,577 $478
3,601 to 3,800 1.20 $3,108 $2,577 $531
3,801 to 4,000 1.22 $3,171 $2,577 $594
4,001 or More 1.24 $3,223 $2,577 $646
Components
Increase/
(Decrease)
Current
Base Fee
Dwelling Size
(square feet)
EDU
Factor
Maximum
Supportable Fee
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Figure 19. Maximum Supportable Wastewater Impact Fee Schedule – Other Residential
Cost
per Gallon
WW Treatment Plant Projects $3.04
WW Collection Projects $5.08
Gross Total $8.12
Credit for Existing Fund Balance (6.9%)($0.56)
Administrative Fee (5%) $0.38
Wastewater Gallons per EDU ‐ Treatmeant 134
Subtotal Capital Cost per EDU $398
Wastewater Gallons per EDU ‐ Collection 442
Subtotal Capital Cost per EDU $2,197
Grand Total Capital Cost per EDU $2,595
Residential ‐ Other Residential
Residential (per housing unit)
Under 600 0.40 $1,038 $1,336 ($298)
600 to 800 0.47 $1,220 $1,336 ($116)
801 to 1,000 0.57 $1,479 $1,336 $143
1,001 to 1,200 0.65 $1,687 $1,336 $351
1,201 to 1,400 0.72 $1,868 $1,336 $532
1,401 to 1,600 (avg.) 0.77 $1,998 $1,699 $299
1,601 to 1,800 0.82 $2,128 $1,794 $334
1,801 to 2,000 0.87 $2,258 $1,908 $350
2,001 to 2,200 0.91 $2,361 $2,043 $318
2,201 to 2,400 0.95 $2,465 $2,157 $308
2,401 to 2,600 0.98 $2,543 $2,272 $271
2,601 to 2,800 1.01 $2,621 $2,309 $312
2,801 to 3,000 1.04 $2,699 $2,425 $274
3,001 to 3,200 1.06 $2,751 $2,577 $174
3,201 to 3,400 1.09 $2,829 $2,577 $252
3,401 to 3,600 1.11 $2,880 $2,577 $303
3,601 to 3,800 1.13 $2,932 $2,577 $355
3,801 to 4,000 1.16 $3,010 $2,577 $433
4,001 or More 1.17 $3,036 $2,577 $459
Group Quarters (per person)
Group Quarters 0.46 $1,194 $858 $336
Components
Dwelling Size
(square feet)
EDU
Factor
Maximum
Supportable Fee
Current
Base Fee
Increase/
(Decrease)
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Figure 20. Maximum Supportable Wastewater Impact Fee Schedule – Nonresidential
Cost
per Gallon
WW Treatment Plant Projects $3.04
WW Collection Projects $5.08
Gross Total $8.12
Credit for Existing Fund Balance (6.9%)($0.56)
Administrative Fee (5%) $0.38
Wastewater Gallons per EDU ‐ Treatmeant 134
Subtotal Capital Cost per EDU $398
Wastewater Gallons per EDU ‐ Collection 442
Subtotal Capital Cost per EDU $2,197
Grand Total Capital Cost per EDU $2,595
Nonresidential
3/4 2.60 $6,749 $2,863 $3,886
14.33$11,236 $4,773 $6,463
1 1/2 8.67 $22,499 $9,547 $12,952
2 13.87 $35,993 $15,276 $20,717
3 26.01 $67,496 $28,644 $38,852
[1] Nonresidential demand from 3/4 inch accounts is 260 percent of
demand from residential EDU demand
Components
Increase/
(Decrease)
Meter Size
(inches)
EDU Factor
[1]
Maximum
Supportable Fee
Current
Base Fee
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Projected Wastewater Impact Fee Revenue
Revenue projections assume implementation of the maximum supportable wastewater impact fees and
that future development is consistent with the land use assumptions described in Appendix A: Land Use
Assumptions. To the extent the rate of development either accelerates or slows down, there will be a
corresponding change in the impact fee revenue. As shown in Figure 21, wastewater impact fee revenue
is expected to total approximately $31.6 million over the next 10 years, compared to the total wastewater
expansion cost of $69.9 million. The funding gap is the result of the credit for existing impact fee fund
balance. Additionally, some of the CIP projects are expanding network capacity for growth beyond ten
years. For example, the future WRF expansion projects have a capacity of 6.10 MGD while there is a
projected increase in wastewater demand of 1.63 MGD (Figure 10). In this case, development over the
next ten years will only be funding its proportionate share of the project.
Figure 21. Projected Wastewater Impact Fee Revenue
WW Treatment Projects $33,499,951 $26,744,417
WW Collection Projects $53,018,788 $43,191,248
Total Expenditures $86,518,739 $69,935,665
EDU
$2,595
Base 2023 34,791
1 2024 36,204
2 2025 37,616
3 2026 38,711
4 2027 39,805
5 2028 40,900
6 2029 41,994
7 2030 43,089
8 2031 44,380
9 2032 45,672
10 2033 46,964
Ten‐Year Increase 12,173
Projected Revenue $31,588,430
CIP Expenditures $69,935,665
Funding Gap $38,347,235
Year
Total Cost
Impact Fee
Funding
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APPENDIX A: LAND USE ASSUMPTIONS
The following sections detail base year and projected demographic assumptions. These assumptions are
used in the Wastewater impact fee calculations along with the tandem efforts in updating the Service
Area Reports for Fire/EMS, Transportation, and Water public facilities. In this case, there is data in the
following section that relates to the other efforts and not the Wastewater calculations (i.e., trip
generation rates and the Transportation Service Area Report).
Note: definitions for the Single‐Unit Dwelling and Other Residential housing types can be found Appendix
B: Land Use Definitions
Population and Housing Characteristics
Impact fees often use per capita standards and persons per housing unit or persons per household to
derive proportionate share fee amounts. Housing types have varying household sizes and, consequently,
a varying demand on City infrastructure and services. Thus, it is important to differentiate between
housing types and size.
When persons per housing unit (PPHU) is used in the development impact fee calculations, infrastructure
standards are derived using year‐round population. In contrast, when persons per household (PPHH) is
used in the development impact fee calculations, the fee methodology assumes all housing units will be
occupied, thus requiring seasonal or peak population to be used when deriving infrastructure standards.
The City of Bozeman and the surrounding area is home to a significant number of second/vacation homes
and hosts many visitors throughout the year. Thus, TischlerBise recommends that fees for residential
development in Bozeman be imposed according to the persons per household.
Figure 22 shows the US Census American Community Survey 2021 5‐Year Estimates data for the City of
Bozeman. Single‐unit dwellings have an average household size of 2.48 persons and other residential
dwellings have an average household size of 1.92 persons. Additionally, there is a housing mix of 59
percent single‐unit dwelling and 41 percent other residential.
The estimates in Figure 22 are for household size calculations. Base year population and housing units are
estimated with another, more recent data source.
Figure 22. Persons per Household
Building Permit History
In Figure 23, the past six years of building permit history is listed by housing type to understand the recent
growth trend in Bozeman. There has been a steady amount of single‐unit dwelling development over the
Housing Persons per Persons per Housing
Housing Type Persons Units Housing Unit Households Household Unit Mix
Single‐Unit Dwelling [1] 31,140 13,355 2.33 12,534 2.48 59%
Other Residential [2] 16,235 9,110 1.78 8,451 1.92 41%
Subtotal 47,375 22,465 2.11 20,985 2.26
[1] Includes attached and detached single family homes and mobile homes
[2] Includes all other types
Source: U.S. Census Bureau, 2021 American Community Survey 5‐Year Estimates
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past years in Bozeman, while other residential development has been the driving factor in the elevated
construction trend. Housing development peaked in 2021, which included the largest apartment complex
ever built in the city. Housing activity leveled slowed in 2022 (consistent with the national trend with
increasing interest rates) while construction had a noticeable increase in 2023.
Overall, there has been an average of 228 single‐unit dwellings and 766 other residential units constructed
annually.
Figure 23. Building Permit History by Housing Type
Base Year Housing Units and Population
Furthermore, the nature of the influx of seasonal population in Bozeman necessitates four types of
populations to be included in the impact fee study:
1) Permanent Residents
2) Seasonal Residents
3) On‐Campus Students
4) Overnight‐Visitors
Bozeman is a destination for vacationers, students, and seasonal residents and City facilities and services
have been sized to accommodate the additional demand. The peak population includes residents who
have second homes in the city, students living on‐campus at Montana State University, and the seasonal
labor influx during peak tourism months. The MSU students living off‐campus are captured in the
permanent housing population.
Bozeman permanent population is found by using the housing growth since the 2020 US Census. The 2020
decennial census estimated that there were 23,535 housing units and 49,298 household population in
Bozeman. Additionally, there were 663 single‐unit dwellings and 2,384 other residential units constructed
since the survey. Based on PPHU factor, there has been an increase of 5,788 residents since the census.
By combining the 2020 US Census household population and estimated new residents since the Census,
a 2023 permanent population of 55,086 residents is estimated.
Housing Type 2018 2019 2020 2021 2022 2023 Total Average
Single‐Unit Dwelling [1] 266 245 211 255 197 193 1,367 228
Other Residential [2] 593 546 734 1,128 522 1,075 4,598 766
Total 859 791 945 1,383 719 1,268 5,965 994
Source: City of Bozeman
[1] Includes attached and detached single family homes and mobile homes
[2] Includes all other types
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Figure 24. Permanent Population
Seasonal housing population estimates are found by applying the PPHH factors for each housing type to
base year housing estimates to the percentage of housing occupied for seasonal use. As a result, the
seasonal population estimate is 4,185 (Figure 25).
Figure 25. Seasonal Population
Shown in Figure 26, in a survey of hotel and motels in Bozeman, TischlerBise found 2,241 lodging rooms
in the city. Based on general peak seasonal lodging factors there are 4,258 overnight‐visitors assumed.
Figure 26. Bozeman Visitors
Lastly, based on a news briefing from Montana State University in September 2023 there were 5,200
students living on‐campus. The information above is summarized in Figure 27. Based on the four
population types, there is an estimated peak population of 68,729 residents along with 26,582 housing
units in Bozeman.
Bozeman, MT Housing Units [1] HH Population [2]
2020 Census 23,535 49,298
Housing Units 2020 Census Post Census 2023
Single‐Unit Dwelling 13,991 663 14,654
Other Residential 9,544 2,384 11,928
Total 23,535 3,047 26,582
PPHU
Single‐Unit Dwelling 663 2.33 1,545
Other Residential 2,384 1.78 4,244
Total 3,047 5,788
Household Population 49,298 5,788 55,086
[1] Source: US Census DP1 Table
Bozeman, MT
Units Built
Post Census
New Residents
Post Census
[2] Source: US Census DP1 Table. Household population excludes those in
group quarters. Group quarters is estimated with On‐Campus Students in
another figure.
Bozeman, MT 2020 Census
New Residents
Post Census 2023 Estimate
Housing Units PPHH
Single‐Unit Dwelling 14,654 7% 967 2.48 2,399
Other Residential 11,928 8% 930 1.92 1,786
Total 26,582 1,898 4,185
Seasonal
Residents
Seasonal
Units
% Seasonal
Units
2023
Housing Units
Total Lodging Rooms 2,241
Assumed Ave Occupancy 2
Assumed Occupancy Rate 95%
Total Overnight‐Visitors 4,258
Source: TischlerBise survey of lodging property
and general peak season lodging factors
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Figure 27. Base Year Housing and Population
Base Year
2023
Permanent Hsg Population [1] 55,086
Seasonal Hsg Population [2] 4,185
On‐Campus Students [3] 5,200
Overnight‐Visitors [4] 4,258
Total Peak Population 68,729
Housing Units [1]
Single‐Unit Dwelling 14,654
Other Residential 11,928
Total Housing Units 26,582
Bozeman, MT
[1] Calculated based on 2020 US Census estimate
plus housing development since
[2] Assuming seasonal housing is fully occupied
during peak season
[3] MSU News Service (September, 2023)
[4] TischlerBise survey of lodging property and
general peak season lodging factors
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Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 30 Housing Unit and Population Projections The ten‐year residential projections are listed in Figure 28. Housing development in Bozeman is assumed to continue at its current pace over the next ten years. Overall, over the next ten years, 2,280 new single‐unit dwellings and 7,660 other residential units are assumed to be constructed. As a result of the market supporting more non‐single‐unit dwelling development, by 2033 there will be more non‐single‐unit dwelling units than single‐unit dwellings in Bozeman. Population growth is based on housing development and PPHH factors. Over the next ten years, housing development will support 18,841 new permanent residents and 1,520 seasonal residents. It is assumed that visitors to Bozeman will grow at the same rate as the resident population. Lastly, MSU has built a new dormitory every five years and is currently exploring another expansion. Conservatively, a 1 percent annual growth is assumed for on‐campus students. Overall, the peak population is estimated to grow from 68,729 to 91,099, a 32.5 percent increase. Figure 28. Residential Development Projections Importantly, the impact fee methodology does not rely on the growth projections to determine the fee amount. Rather, the current level of service is used in the fee calculation. In this case, if the growth projections included in the report overestimate or underestimate the real development in Bozeman, the fee collection is still accurate. For example, if growth is slower than the 10‐year projection, less revenue will be collected, however, the City will provide less capital expansion to keep up with the level of service. Base YearCity of Bozeman, MT 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033Permanent Hsg Population [1] 55,086 56,970 58,855 60,739 62,623 64,507 66,391 68,275 70,159 72,043 73,92818,841Seasonal Hsg Population [1] 4,185 4,337 4,489 4,641 4,793 4,945 5,097 5,249 5,401 5,553 5,7051,520On‐Campus Students [2] 5,200 5,252 5,305 5,358 5,412 5,466 5,521 5,576 5,632 5,688 5,745545Overnight‐Visitors [3] 4,258 4,404 4,551 4,697 4,843 4,989 5,136 5,282 5,428 5,574 5,7211,463Total Peak Population 68,729 70,964 73,199 75,435 77,671 79,907 82,14584,382 86,621 88,859 91,09922,3693.3% 3.2% 3.1% 3.0% 2.9% 2.8% 2.7% 2.7% 2.6% 2.5%32.5%Housing Units [4]Single‐Unit Dwelling 14,654 14,882 15,110 15,338 15,566 15,794 16,022 16,250 16,478 16,706 16,9342,280Other Residential 11,928 12,694 13,460 14,226 14,992 15,758 16,524 17,290 18,056 18,822 19,5887,660Total Housing Units 26,582 27,576 28,570 29,564 30,558 31,552 32,546 33,540 34,534 35,528 36,5229,940[1] Permanent and seasonal population growth is based on housing development and PPHH factors[2] On‐campus residences are conservatively assumed to grow by 1 percent annually[3] Visitor population is estimate to grow at the same rate as permanent and seasonal population[4] Housing development is based on the recent building permit trends without the 2021 peak development yearTotalIncreasePercent Increase365
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Current Employment and Nonresidential Floor Area
The impact fee study will include nonresidential development as well. The base year employment
estimates are calculated from two sources. First, from the Montana Department of Labor & Industry there
is an estimated 34,569 total jobs in Bozeman. Second, from the U.S. Census Bureau OnTheMap web
application employment splits are found between retail, office, industrial, and institutional industries. As
a result, the institutional industries (which include education and healthcare) account for the highest
share while retail industries employee over 10,000 jobs as well.
Furthermore, the floor area for the four industry types is summarized in Figure 29. Retail, office, and
industrial square footage is available from the Montana Department of Revenue (DOR). However, since
public education and healthcare facilities are tax exempt the DOR does not gather floor space for such
development. Instead, TischlerBise applied the average employee density factors (square feet per
employee) for schools and hospitals to the estimated institutional job total to estimate floor area. As a
result, there are 22.4 million square feet of nonresidential development in Bozeman. The majority being
institutional and retail industries.
Figure 29. Base Year Nonresidential Floor Area
Employment and Nonresidential Floor Area Projections
The Bozeman Community Plan 2020 provides an in‐depth analysis of the local market and buildout
capacity of the city. Through 2045, the Community Plan projected a growth of 6.3 million square feet of
nonresidential development broken down by retail, office, industrial, and institutional industries. The ten‐
year growth projections from the impact fee studies relies on these projections along with employee
density factors from the Institution of Transportation Engineers’ (ITE). For the retail industry the Shopping
Center land use factors are used; for office the General Office factors are used; for industrial the Light
Industrial factors are used; for Institutional the Hospital factors are used.
Figure 30. Institute of Transportation Engineers (ITE) Employment Density Factors
Employment
Industries
Base Year
Jobs [1]
Percent
of Total
Floor Area
(sq. ft.) [2]
Percent
of Total
Retail 10,116 29% 7,855,849 35%
Office 7,798 23% 3,025,341 14%
Industrial 5,042 15% 3,204,452 14%
Institutional [3] 11,612 34% 8,278,652 37%
Total 34,569 100% 22,364,294 100%
[3] Source: Trip Generation, Institute of Transportation Engineers,
11th Edition (2021)
[1] Source: MT Employment Statistics ‐ LAUS
[2] Source: Montana Department of Revenue Database
Employment ITE Demand Emp Per Sq Ft
Industry Code Land Use Unit Dmd Unit Per Emp
Retail 820 Shopping Center 1,000 Sq Ft 2.12 471
Office 710 General Office 1,000 Sq Ft 3.26 307
Industrial 110 Light Industrial 1,000 Sq Ft 1.57 637
Institutional 610 Hospital 1,000 Sq Ft 2.86 350
Source: Trip Generation , Institute of Transportation Engineers, 11th Edition (2021)
366
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 32 Shown in Figure 31, Bozeman is anticipated to grow by 6,075 jobs (17.6 percent) over the next ten years. Institutional, office, and retail industries all have significant growth while industrial development is anticipated to taper off. Based on the employee density factors, the employment growth will generate 2,250,000 million square feet of nonresidential floor area (10 percent growth from the base year). Figure 31. Employment and Nonresidential Floor Area Projections Base Year2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033Jobs [1]Retail 10,116 10,222 10,329 10,435 10,541 10,647 10,753 10,859 10,966 11,072 11,1781,062Office 7,798 7,996 8,194 8,391 8,589 8,787 8,985 9,182 9,380 9,578 9,7761,978Industrial 5,042 5,070 5,098 5,126 5,154 5,182 5,210 5,238 5,266 5,295 5,323280Institutional 11,612 11,888 12,164 12,439 12,715 12,990 13,266 13,541 13,817 14,092 14,3682,755Total 34,569 35,176 35,784 36,391 36,999 37,606 38,214 38,821 39,429 40,036 40,6446,0751.8% 1.7% 1.7% 1.7% 1.6% 1.6% 1.6% 1.6% 1.5% 1.5%17.6%Nonresidential Floor Area (1,000 sq. ft.) [2]Retail 7,856 7,906 7,956 8,006 8,056 8,106 8,156 8,206 8,256 8,306 8,356500Office 3,025 3,086 3,147 3,207 3,268 3,329 3,390 3,450 3,511 3,572 3,632607Industrial 3,204 3,222 3,240 3,258 3,276 3,294 3,312 3,329 3,347 3,365 3,383179Institutional 8,279 8,375 8,472 8,568 8,664 8,761 8,857 8,954 9,050 9,1479,243964Total 22,364 22,589 22,814 23,039 23,264 23,489 23,714 23,939 24,164 24,389 24,6142,250[1] Source: Bozeman Community Plan (2020)[2] Source: Institute of Transportation Engineers, Trip Generation, 2021IndustryTotalIncreasePercent Increase367
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Vehicle Trip Generation
Residential Vehicle Trips by Housing Type
A customized trip rate is calculated for the single‐unit dwellings and other residential units in Bozeman.
In Figure 32, the most recent data from the US Census American Community Survey is input into equations
provided by the Institute of Transportation Engineers to calculate the trip ends per housing unit factor. A
single‐unit dwelling is estimated to generate 9.27 trip ends and other residential units are estimated to
generate 5.36 trip ends on an average weekday.
Figure 32. Customized Residential Trip End Rates by Housing Type
Owner‐Occupied 19,262 8,463 889 9,352 2.06
Renter‐Occupied 20,735 4,071 7,562 11,633 1.78
Total 39,997 12,534 8,451 20,985 1.91
13,355 9,110 22,465
Persons in Trip Vehicles by Trip Average National Trip
Households4 Ends5 Type of Unit Ends
6 Trip Ends Ends per Unit
7
Single‐Unit Dwelling 31,140 86,764 24,680 160,855 123,810 9.27 9.43
Other Residential 16,235 37,097 15,292 60,543 48,820 5.36 4.54
Total 47,375 123,861 39,972 221,398 172,630 7.68
7. Trip Generation, Institute of Transportation Engineers, 11th Edition (2021).
Local Trip
Ends per Unit
1. Vehicles available by tenure from Table B25046, 2020 American Community Survey 5‐Year Estimates.
3. Housing units from Table B25024, 2020 American Community Survey 5‐Year Estimates.
4. Total population in households from Table B25033, 2020 American Community Survey 5‐Year Estimates.
5. Vehicle trips ends based on persons using formulas from Trip Generation (ITE 2021). For single‐family housing
(ITE 210), the fitted curve equation is EXP(0.89*LN(persons)+1.72). To approximate the average population of the
ITE studies, persons were divided by 3 and the equation result multiplied by 3. For multi‐family housing (ITE 221),
the fitted curve equation is (2.29*persons)‐64.48 (ITE 2017).
6. Vehicle trip ends based on vehicles available using formulas from Trip Generation (ITE 2021). For single‐family
housing (ITE 210), the fitted curve equation is EXP(0.92*LN(vehicles)+2.68). To approximate the average number of
vehicles in the ITE studies, vehicles available were divided by 5 and the equation result multiplied by 5. For multi‐
family housing (ITE 221), the fitted curve equation is (4.77*vehicles)‐46.46 (ITE 2021).
2. Households by tenure and units in structure from Table B25032, 2020 American Community Survey 5‐Year
Estimates.
Vehicles per
HH by Tenure
Housing Units3
Housing Type
Households by Structure Type2
Tenure by Units
in Structure
Vehicles
Available1
Single
Family Multifamily Total
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Residential Vehicle Trips Adjustment Factors
A vehicle trip end is the out‐bound or in‐bound leg of a vehicle trip. As a result, so as to not double count
trips, a standard 50 percent adjustment is applied to trip ends to calculate a vehicle trip. For example, the
out‐bound trip from a person’s home to work is attributed to the housing unit and the trip from work back
home is attributed to the employer.
However, an additional adjustment is necessary to capture city residents’ work bound trips that are
outside of the city. The trip adjustment factor includes two components. According to the National
Household Travel Survey, home‐based work trips are typically 31 percent of out‐bound trips (which are
50 percent of all trip ends). Also, utilizing the most recent data from the Census Bureau's web application
"OnTheMap”, 40 percent of Bozeman workers travel outside the city for work. In combination, these
factors account for 6 percent of additional production trips (0.31 x 0.50 x 0.40 = 0.06). Shown in Figure 33,
the total adjustment factor for residential housing units includes attraction trips (50 percent of trip ends)
plus the journey‐to‐work commuting adjustment (6 percent of production trips) for a total of 56 percent.
Figure 33. Residential Trip Adjustment Factor for Commuters
Nonresidential Vehicle Trips
Vehicle trip generation for nonresidential land uses are calculated by using ITE’s average daily trip end
rates and adjustment factors found in their recently published 11th edition of Trip Generation. To estimate
the trip generation in Bozeman, the weekday trip end per 1,000 square feet factors listed in Figure 34 are
used. The prior service area report used the 10th Edition of the Trip Generation. The latest edition includes
travel surveys since the previous edition ensuring changes in travel behavior is being captured in the
update.
Figure 34. Institute of Transportation Engineers Nonresidential Factors
For nonresidential land uses, the standard 50 percent adjustment is applied to office, industrial, and
institutional development. A lower vehicle trip adjustment factor is used for retail development because
Employed Bozeman Residents (2020) 25,702
Residents Working in Bozeman (2020) 15,447
Residents Commuting Outside of Bozeman for Work 10,255
Percent Commuting Out of Bozeman 40%
Additional Production Trips 6%
Standard Trip Adjustment Factor 50%
Residential Trip Adjustment Factor 56%
Source: U.S. Census, OnTheMap Application, 2020
Trip Adjustment Factor for Commuters
Employment ITE Demand Wkdy Trip Ends Wkdy Trip Ends
Industry Code Land Use Unit Per Dmd Unit Per Employee
Retail 820 Shopping Center 1,000 Sq Ft 37.01 17.42
Office 710 General Office 1,000 Sq Ft 10.84 3.33
Industrial 110 Light Industrial 1,000 Sq Ft 4.87 3.10
Institutional 610 Hospital 1,000 Sq Ft 10.77 3.77
Source: Trip Generation, Institute of Transportation Engineers, 11th Edition (2021)
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this type of growth attracts vehicles as they pass‐by on arterial and collector roads. For example, when
someone stops at a convenience store on their way home from work, the convenience store is not their
primary destination.
In Figure 35, the Institute for Transportation Engineers’ land use code, daily vehicle trip end rate, and trip
adjustment factor is listed for each land use.
Figure 35. Daily Vehicle Trip Factors
Residential (per housing unit)
Single‐Unit Dwelling 210 9.27 56% 5.19
Other Residential 220 5.36 56% 3.00
Nonresidential (per 1,000 square feet)
Retail 820 37.01 38% 14.06
Office 710 10.84 50% 5.42
Industrial 110 4.87 50% 2.44
Institutional 610 10.77 50% 5.39
Land Use
ITE
Codes
Daily Vehicle
Trip Ends
Trip Adj.
Factor
Daily Vehicle
Trips
Source: Trip Generation, Institute of Transportation Engineers, 11th Edition
(2021); National Household Travel Survey, 2009
370
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 36 Vehicle Trip Projections The base year vehicle trip totals and vehicle trip projections are calculated by combining the vehicle trip end factors, the trip adjustment factors, and the residential and nonresidential assumptions for housing stock and floor area. Citywide, residential land uses account for 111,875 vehicle trips and nonresidential land uses account for 179,264 vehicle trips in the base year (Figure 36). Through 2033, it is projected that daily vehicle trips will increase by 50,788 trips with the majority of the growth being generated by residential development (69 percent). Figure 36. Vehicle Trip Projections Base Year2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033Residential TripsSingle‐Unit Dwelling 76,072 77,255 78,439 79,623 80,806 81,990 83,173 84,357 85,541 86,724 87,90811,836Other Residential 35,803 38,102 40,402 42,701 45,000 47,299 49,598 51,898 54,197 56,496 58,79522,992Subtotal 111,875 115,358 118,841 122,323 125,806 129,289 132,772 136,255 139,737 143,220 146,70334,828Nonresidential TripsRetail 110,483 111,186 111,889 112,593 113,296 113,999 114,702 115,405 116,109 116,812 117,5157,032Office 16,397 16,726 17,055 17,385 17,714 18,043 18,372 18,701 19,030 19,359 19,6883,291Industrial 7,803 7,846 7,890 7,933 7,977 8,020 8,064 8,107 8,151 8,194 8,238435Institutional 44,581 45,100 45,619 46,138 46,658 47,177 47,696 48,215 48,735 49,254 49,7735,193Subtotal 179,264 180,859 182,454 184,049 185,644 187,239 188,834 190,429 192,024 193,619 195,21415,950Vehicle TripsGrand Total 291,139 296,217 301,294 306,372 311,450 316,528 321,606 326,684 331,761 336,839 341,91750,778Source: Institute of Transportation Engineers, Trip Generation, 11th Edition (2021)TotalIncreaseDevelopment Type371
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Demand Indicators by Dwelling Size
Impact fees must be proportionate to the demand for infrastructure. Because averages per household,
for both persons and vehicle trip ends, have a strong, positive correlation to the square footage of the
dwelling unit, TischlerBise recommends residential fee schedules by the size of the unit (consistent with
the City of Bozeman’s current fee schedule).
Bozeman Control Totals
According to the U.S. Census Bureau, Bozeman single‐unit dwellings have an average household size of
2.48 persons and other residential units have an average household size of 1.92 persons.
Figure 37. Persons per Household
Trip generation rates are also dependent upon the average number of vehicles available per dwelling. Key
independent variables needed for the analysis (i.e., vehicles available, households, and persons) are
available from the U.S. Census Bureau American Community Survey (ACS), indicating an average of 1.90
vehicles per household in Bozeman.
Figure 38. Vehicles per Household
Demand Indicators by Dwelling Size
Custom tabulations of demographic data by bedroom range can be created from individual survey
responses provided by the U.S. Census Bureau in files known as Public Use Microdata Samples (PUMS).
PUMS files are only available for areas of at least 100,000 persons with Bozeman included in Public Use
Microdata Areas (PUMA) 400.
Housing Persons per Persons per Housing
Housing Type Persons Units Housing Unit Households Household Unit Mix
Single‐Unit Dwelling [1] 31,140 13,355 2.33 12,534 2.48 59%
Other Residential [2] 16,235 9,110 1.78 8,451 1.92 41%
Subtotal 47,375 22,465 2.11 20,985 2.26
[1] Includes attached and detached single family homes and mobi le homes
[2] Includes all other types
Source: U.S. Census Bureau, 2021 American Community Survey 5‐Year Estimates
Owner‐occupied 19,262 8,463 889 9,352 2.06
Renter‐occupied 20,735 4,071 7,562 11,633 1.78
Total 39,997 12,534 8,451 20,985 1.91
Single‐Unit Dwelling [1] 24,680 12,534 1.97
Other Residential [2] 15,292 8,451 1.81
Total 39,972 20,985 1.90
Source: U.S. Census Bureau, 2021 American Community Survey 5‐Year Estimates
Vehicles per
HH by Tenure
Housing Type Vehicles
Available
Housing
Units
Vehicles per
Housing Unit
Households
Tenure Vehicles
Available
Single
Family Multifamily Total
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Cells shaded yellow below are survey results for PUMA 400. Unadjusted persons per household (2.31),
derived from PUMS data for the PUMA listed above, are adjusted downward to match the control totals
for Bozeman (2.26), as shown above in Figure 37. Adjusted persons per household totals are shaded in
gray.
Figure 39. Persons by Bedroom Range
Persons by Dwelling Size
Average floor area and number of persons by bedroom range are plotted in Figure 40 with a logarithmic
trend line derived from 2021 square footage estimates provided by the U.S. Census Bureau (West Region).
Dwellings with two bedrooms or less average 1,032 square feet of floor area—based on multifamily
dwellings constructed in the West Census Region. Three‐bedroom dwellings average 2,118 square feet,
four‐bedroom dwellings average 2,932 square feet, and dwellings with five or more bedrooms average
4,269 square feet—based on single‐unit dwellings constructed in the West Census Region. Using the trend
line formula shown in the chart, TischlerBise derived the estimated average number of persons, by
dwelling size, using 19 size thresholds, expanding the low and high range of the fee schedule.
As shown in the upper‐right corner of the table below, the smallest floor area range (under 600 square
feet) has an estimated average of 1.06 persons per dwelling. The largest floor area range (4,001 square
feet or more) has an estimated average of 3.08 persons per dwelling.
0‐2 2,180 2,204 1,273 33% 1.71 1.68 1.73 1.46
3 3,508 3,443 1,471 38% 2.38 2.33 2.34 1.97
4 2,173 2,139 798 21% 2.72 2.67 2.68 2.25
5+ 1,070 958 327 8% 3.27 3.20 2.93 2.46
Total 8,931 8,744 3,869 100% 2.31 2.26 2.26 1.90
[1] American Community Survey, Public Use Microdata Sample for Montana PUMA 400 (2021 5‐Year unweighted data).
[2] Adjusted multipliers are scaled to make the average PUMS values match control totals for Bozeman based on 2021
American Community Survey 5‐Year Estimates.
Unadjusted
PPHH
Adjusted
PPHH2
Unadjusted
VPHH
Adjusted
VPHH2
Bedroom
Range Persons
1
Vehicles
Available1 Households1
Housing
Mix
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Figure 40. Persons by Dwelling Size
Person by Dwelling Size and Housing Type
The PPHH factors in Figure 40 represents an average over all housing types in Bozeman. An equivalent
dwelling unit (EDU) analysis is completed to calculate the PPHH by size for single‐unit dwellings and other
residential units.
Shown in Figure 41, one single‐unit EDU is set to the average sized single‐unit dwelling in Bozeman (2,201
to 2,400 square feet). The EDU factor for the other size thresholds is found by comparing the PPHH factors,
for example, a single‐unit dwelling from 1,801 to 2,000 square feet is 0.92 EDUs (2.28 PPHH / 2.48 PPHH
= 0.92 EDUs).
Bedrooms Square Feet Persons Sq Ft Range Persons
0‐2 1,032 1.68 Under 600 1.06
3 2,118 2.33 600 to 800 1.23
4 2,932 2.67 801 to 1,000 1.49
5+ 4,269 3.20 1,001 to 1,200 1.70
1,201 to 1,400 1.88
1,401 to 1,600 2.03
1,601 to 1,800 2.16
1,801 to 2,000 2.28
2,001 to 2,200 2.38
2,201 to 2,400 2.48
2,401 to 2,600 2.56
2,601 to 2,800 2.64
2,801 to 3,000 2.72
3,001 to 3,200 2.79
3,201 to 3,400 2.85
3,401 to 3,600 2.92
3,601 to 3,800 2.97
3,801 to 4,000 3.03
4,001 or More 3.08
Actual Averages per Hsg Unit Fitted‐Curve Values
y = 1.0498ln(x) ‐ 5.6504
R² = 0.9878
0.00
0.50
1.00
1.50
2.00
2.50
3.00
3.50
0 1,000 2,000 3,000 4,000 5,000Person per HouseholdSquare Feet of Living Area
Persons per Household by
Square Feet of Dwelling
Average persons per household derived from
2021ACS PUMS data for the area that
includes Bozeman. Unit size for 0‐2 bedroom
is from the 2021 U.S. Census Bureau average
for all multifamily units constructed in the
Census West region. Unit size for all other
bedrooms is from the 2021 U.S. Census
Bureau average for single‐unit dwellings
constructed in the Census Mountain division.
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The EDU factors for the size threshold is then combined with the average PPHH for single‐unit dwelling.
For example, found with US Census ACS 2021 data (Figure 22) the average single‐unit dwelling home in
Bozeman is 2.48 persons, thus a single‐unit home from 1,801 to 2,000 square feet is 2.28 persons (0.92
EDUs x 2.48 persons = 2.28 persons per household).
Figure 41. Single‐Unit Dwelling PPHH by Size
Shown in Figure 42, one Other Residential EDU is set to the average sized Other Residential dwelling in
Bozeman (1,401 to 1,600 square feet). The EDU factor for the other size thresholds is found by comparing
the PPHH factors, for example, a unit from 1,001 to 1,200 square feet is 0.84 EDUs (1.70 PPHH / 2.03 PPHH
= 0.84 EDUs).
The EDU factors for the size threshold is then combined with the average PPHH for other residential
dwellings. For example, found with US Census ACS 2021 data (Figure 22) the average other residential
dwelling home in Bozeman is 1.92 persons, thus a single‐unit home from 1,001 to 1,200 square feet is
1.61 persons (0.84 EDUs x 1.92 persons = 1.61 persons per household).
Single‐Unit Dwelling including Townhomes
Single‐Unit
EDU Factor PPHH
Under 600 1.060.431.06
600 to 800 1.23 0.50 1.23
801 to 1,000 1.49 0.60 1.49
1,001 to 1,200 1.70 0.69 1.70
1,201 to 1,400 1.88 0.76 1.88
1,401 to 1,600 2.03 0.82 2.03
1,601 to 1,800 2.16 0.87 2.16
1,801 to 2,000 2.28 0.92 2.28
2,001 to 2,200 2.38 0.96 2.38
2,201 to 2,400 (avg. single) 2.48 1.00 2.48
2,401 to 2,600 2.56 1.03 2.56
2,601 to 2,800 2.64 1.06 2.64
2,801 to 3,000 2.72 1.10 2.72
3,001 to 3,200 2.79 1.13 2.79
3,201 to 3,400 2.85 1.15 2.85
3,401 to 3,600 2.92 1.18 2.92
3,601 to 3,800 2.97 1.20 2.97
3,801 to 4,000 3.03 1.22 3.03
4,001 or More 3.08 1.24 3.08
Average 2.48
Dwelling Size
(squre feet)
Overall
PPHH
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Figure 42. Other Residential PPHH by Size
Other Residential
Other Res.
EDU Factor PPHH
Under 600 1.060.521.00
600 to 800 1.23 0.61 1.16
801 to 1,000 1.49 0.73 1.41
1,001 to 1,200 1.70 0.84 1.61
1,201 to 1,400 1.88 0.93 1.78
1,401 to 1,600 (avg. other) 2.03 1.00 1.92
1,601 to 1,800 2.16 1.06 2.04
1,801 to 2,000 2.28 1.12 2.16
2,001 to 2,200 2.38 1.17 2.25
2,201 to 2,400 2.48 1.22 2.35
2,401 to 2,600 2.56 1.26 2.42
2,601 to 2,800 2.64 1.30 2.50
2,801 to 3,000 2.72 1.34 2.57
3,001 to 3,200 2.79 1.37 2.64
3,201 to 3,400 2.85 1.40 2.70
3,401 to 3,600 2.92 1.44 2.76
3,601 to 3,800 2.97 1.46 2.81
3,801 to 4,000 3.03 1.49 2.87
4,001 or More 3.08 1.52 2.91
Average 1.92
Overall
PPHH
Dwelling Size
(squre feet)
376
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 42 Trip Generation by Dwelling Size Rather than rely on one methodology, the recommended trip generation rates shown at the bottom of Figure 43, shaded gray, are an average of trip rates based on persons and vehicles available for all types of housing units. In Bozeman, the average household is expected to yield 8.86 average weekday vehicle trip ends (AWVTE), compared to the national weighted average of 7.45 trip ends per household. Figure 43. Average Weekday Vehicle Trip Ends by Bedroom Range 0‐2 2,180 2,204 1,273 33% 1.711.681.731.463 3,508 3,443 1,471 38% 2.382.332.341.974 2,173 2,139 798 21% 2.722.672.682.255+ 1,070 958 327 8% 3.273.202.932.46Total 8,931 8,744 3,869 100% 2.312.262.261.90National Averages According to ITE210 SFD 2.65 6.36 9.43 59% 3.56 1.48221 Apt 3.31 5.10 4.54 41% 1.37 0.89Weighted Avg 2.92 5.85 7.45 100% 2.67 1.24Recommended AWVTE per Household0‐2 4.91 8.546.733 6.80 11.529.164 7.80 13.1610.485+ 9.34 14.3911.87Average 6.60 11.128.86210 SFD 6.80 11.529.162.33 1.97220 Apt 5.20 10.597.901.78 1.81All Types 6.16 11.128.642.11 1.90UnadjustedVPHHBedroom RangeAWVTE perHH Basedon Persons3AWVTE perHH Basedon Vehicles4AWVTE per Household5ITE CodeAWVTEper PersonAWVTEper VehicleAWVTEper HHUnadjustedPPHHUnadjustedPPHHAdjustedPPHH2UnadjustedVPHHAdjustedVPHH2ITE CodeAWVTEper PersonAWVTEper VehicleAWVTEper HHHousingMixPersons perHouseholdVehicles perHouseholdBedroom Range Persons1VehiclesAvailable1Households1HousingMix1. American Community Survey, Public Use MicrodataSample for Montana PUMA 400 (2021 5‐Year unweighteddata).2. Adjusted multipliers are scaled to make the average PUMSvalues match control totals for Bozeman based on 2021American CommunitySurvey 5‐Year Estimates.3. Adjusted persons per household multiplied by nationalweighted average trip rateper person.4. Adjusted vehicles available per household multiplied bynationalweightedaveragetriprateper vehicle.5.Averagetripratesbasedonpersonsandvehiclesperhousehold.377
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43
Vehicle Trip Ends by Dwelling Size
To derive AWVTE by dwelling size, TischlerBise matched trip generation rates and average floor area, by
bedroom range, as shown in Figure 44, with a logarithmic trend line derived from 2021 square footage
estimates provided by the U.S. Census Bureau (West Region). Using the trend line formula shown in the
chart, TischlerBise derived the estimated average weekday vehicle trip ends, by dwelling size, using 19
size thresholds, expanding the low and high range of the fee schedule.
As shown in the upper‐right corner of the table below, the smallest floor area range (under 600 square
feet) generates an estimated average of 4.70 trip ends per dwelling. The largest floor area range (4,001
square feet or more) generates an estimated average of 11.68 trip ends per dwelling.
Figure 44. Vehicle Trip Ends by Dwelling Size
Bedrooms Square Feet Trip Ends Sq Ft Range Trip Ends
0‐2 1,032 6.73 Under 600 4.70
3 2,118 9.16 600 to 800 5.27
4 2,932 10.48 801 to 1,000 6.18
5+ 4,269 11.87 1,001 to 1,200 6.91
1,201 to 1,400 7.51
1,401 to 1,600 8.03
1,601 to 1,800 8.49
1,801 to 2,000 8.89
2,001 to 2,200 9.25
2,201 to 2,400 9.58
2,401 to 2,600 9.88
2,601 to 2,800 10.16
2,801 to 3,000 10.42
3,001 to 3,200 10.66
3,201 to 3,400 10.89
3,401 to 3,600 11.10
3,601 to 3,800 11.30
3,801 to 4,000 11.50
4,001 or More 11.68
Actual Averages per Hsg Unit Fitted‐Curve Values
y = 3.6254ln(x) ‐ 18.482
R² = 0.9986
0.00
2.00
4.00
6.00
8.00
10.00
12.00
14.00
0 1,000 2,000 3,000 4,000 5,000Trip Ends per HouseholdSquare Feet of Living Area
Vehicle Trips by
Square Feet of Dwelling
Vehicle trips by dwelling size are derived
from 2021 ACS PUMS data for the area that
includes Bozeman. Unit size for 0‐2 bedroom
is from the 2021 U.S. Census Bureau average
for all multifamily units constructed in the
Census West region. Unit size for all other
bedrooms is from the 2021 U.S. Census
Bureau average for single‐unitdwellings
constructed in the Census Mountain division.
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Vehicle Trip Ends by Dwelling Size and Housing Type
The vehicle trip end factors in Figure 44 represents an average over all housing types in Bozeman. An
equivalent dwelling unit (EDU) analysis is completed to calculate the trip ends by size for single‐unit
dwellings and other residential units. Shown in Figure 45, one single‐unit EDU is set to the average sized
single‐unit dwelling in Bozeman (2,201‐2,400 square feet). The EDU factor for the other size thresholds is
found by comparing the trip factors, for example, homes from 1,801 to 2,000 square feet are 0.93 EDUs
(8.89 trip ends / 9.58 trip ends = 0.93 EDUs).
The EDU factors for the size threshold is then combined with the average trip end factor for single‐unit
dwellings to find the trip ends by size. For example, found with US Census ACS 2021 data (Figure 32) the
average single‐unit dwelling in Bozeman generates 9.27 trip ends, thus a single‐unit dwelling from 1,801
to 2,000 square feet has a trip end factor of 8.60 (0.93 EDUs x 9.27 trip ends = 8.60 trip ends per
household).
Figure 45. Single‐Unit Dwelling Trip Ends by Size
Shown in Figure 46, one Other Residential EDU is set to the average sized Other Residential dwelling in
Bozeman (1,401 to 1,600 square feet). The EDU factor for the other size thresholds is found by comparing
the trip factors, for example, homes from 1,001 to 1,200 square feet are 0.86 EDUs (6.91 trip ends / 8.03
trip ends = 0.86 EDUs).
The EDU factors for the size threshold is then combined with the average trip end factor for other
residential dwellings to find the trip ends by size. For example, found with US Census ACS 2021 data
(Figure 32) the average other residential dwelling in Bozeman generates 5.36 trip ends, thus an other
Single‐Unit Dwelling including Townhomes
Single‐Unit
EDU Factor Trip Ends
Under 600 4.700.494.55
600 to 800 5.27 0.55 5.10
801 to 1,000 6.18 0.65 5.98
1,001 to 1,200 6.91 0.72 6.69
1,201 to 1,400 7.51 0.78 7.27
1,401 to 1,600 8.03 0.84 7.77
1,601 to 1,800 8.49 0.89 8.22
1,801 to 2,000 8.89 0.93 8.60
2,001 to 2,200 9.25 0.97 8.95
2,201 to 2,400 (avg. single) 9.58 1.00 9.27
2,401 to 2,600 9.88 1.03 9.56
2,601 to 2,800 10.16 1.06 9.83
2,801 to 3,000 10.42 1.09 10.08
3,001 to 3,200 10.66 1.11 10.32
3,201 to 3,400 10.89 1.14 10.54
3,401 to 3,600 11.10 1.16 10.74
3,601 to 3,800 11.30 1.18 10.93
3,801 to 4,000 11.50 1.20 11.13
4,001 or More 11.68 1.22 11.30
Average 9.27
Dwelling Size
(squre feet)
Overall
Trip Ends
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Bozeman, Montana
45
residential dwelling from 1,001 to 1,200 square feet has a trip end factor of 4.61 (0.86 EDUs x 5.36 trip
ends = 4.61 trip ends per household).
Figure 46. Other Residential Trip Ends by Size
Other Residential
Other Res.
EDU Factor Trip Ends
Under 600 4.700.593.14
600 to 800 5.27 0.66 3.52
801 to 1,000 6.18 0.77 4.13
1,001 to 1,200 6.91 0.86 4.61
1,201 to 1,400 7.51 0.94 5.01
1,401 to 1,600 (avg. other) 8.03 1.00 5.36
1,601 to 1,800 8.49 1.06 5.67
1,801 to 2,000 8.89 1.11 5.93
2,001 to 2,200 9.25 1.15 6.17
2,201 to 2,400 9.58 1.19 6.39
2,401 to 2,600 9.88 1.23 6.59
2,601 to 2,800 10.16 1.27 6.78
2,801 to 3,000 10.42 1.30 6.96
3,001 to 3,200 10.66 1.33 7.12
3,201 to 3,400 10.89 1.36 7.27
3,401 to 3,600 11.10 1.38 7.41
3,601 to 3,800 11.30 1.41 7.54
3,801 to 4,000 11.50 1.43 7.68
4,001 or More 11.68 1.45 7.80
Average 5.36
Overall
Trip Ends
Dwelling Size
(squre feet)
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APPENDIX B: LAND USE DEFINITIONS
Residential Development
Single‐Unit Dwelling:
1. Single‐family detached is a one‐unit structure detached from any other house, that is, with open
space on all four sides. Such structures are considered detached even if they have an adjoining shed
or garage. A one‐family house that contains a business is considered detached as long as the building
has open space on all four sides.
2. Single‐family attached (townhouse) is a one‐unit structure that has one or more walls extending
from ground to roof separating it from adjoining structures. In row houses (sometimes called
townhouses), double houses, or houses attached to nonresidential structures, each house is a
separate, attached structure if the dividing or common wall goes from ground to roof.
3. Mobile home includes both occupied and vacant mobile homes, to which no permanent rooms have
been added, are counted in this category. Mobile homes used only for business purposes or for
extra sleeping space and mobile homes for sale on a dealer's lot, at the factory, or in storage are
not counted in the housing inventory.
Other Residential:
1. 2+ units (duplexes and apartments) are units in structures containing two or more housing units,
further categorized as units in structures with “2, 3 or 4, 5 to 9, 10 to 19, 20 to 49, and 50 or more
apartments.”
2. Boat, RV, Van, etc. includes any living quarters occupied as a housing unit that does not fit the other
categories (e.g., houseboats, railroad cars, campers, and vans). Recreational vehicles, boats, vans,
railroad cars, and the like are included only if they are occupied as a current place of residence. Such
living quarters are only allowed under Bozeman zoning under unusual temporary conditions.
Nonresidential Development
Nonresidential development categories represent general groups of land uses that share similar average
weekday vehicle trip generation rates and employment densities (i.e., jobs per 1,000 square feet).
Retail: Establishments primarily selling merchandise, eating/drinking places, and entertainment uses. By
way of example, Retail includes shopping centers, supermarkets, pharmacies, restaurants, bars,
nightclubs, automobile dealerships, and movie theaters.
Industrial: Establishments primarily engaged in the production, transportation, or storage of goods. By
way of example, Industrial includes manufacturing plants, distribution warehouses, trucking companies,
utility substations, power generation facilities, and telecommunications buildings.
Office: Establishments providing management, administrative, professional, or business services. By way
of example, Office can include business offices, office parks, and corporate headquarters.
Institutional: Establishments providing education and healthcare services. By way of example,
Institutional includes universities, nursing homes, daycare facilities, and hospitals.
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MCA Contents / TITLE 7 / CHAPTER 6 / Part 16 / 7-6-1602 Calculation of…
Montana Code Annotated 2023
TITLE 7. LOCAL GOVERNMENT
CHAPTER 6. FINANCIAL ADMINISTRATION AND TAXATION
Part 16. Impact Fees to Fund Capital Improvements
Calculation Of Impact Fees -- Documentation
Required -- Ordinance Or Resolution --
Requirements For Impact Fees
7-6-1602. Calculation of impact fees -- documentation required -- ordinance or resolution --
requirements for impact fees. (1) For each public facility for which an impact fee is imposed, the governmental
entity shall prepare and approve a service area report.
(2) The service area report is a written analysis that must:
(a) describe existing conditions of the facility;
(b) establish level-of-service standards;
(c) forecast future additional needs for service for a defined period of time;
(d) identify capital improvements necessary to meet future needs for service;
(e) identify those capital improvements needed for continued operation and maintenance of the facility;
(f) make a determination as to whether one service area or more than one service area is necessary to
establish a correlation between impact fees and benefits;
(g) make a determination as to whether one service area or more than one service area for transportation
facilities is needed to establish a correlation between impact fees and benefits;
(h) establish the methodology and time period over which the governmental entity will assign the proportionate
share of capital costs for expansion of the facility to provide service to new development within each service
area;
(i) establish the methodology that the governmental entity will use to exclude operations and maintenance
costs and correction of existing deficiencies from the impact fee;
(j) establish the amount of the impact fee that will be imposed for each unit of increased service demand; and
(k) have a component of the budget of the governmental entity that:
(i) schedules construction of public facility capital improvements to serve projected growth;
(ii) projects costs of the capital improvements;
(iii) allocates collected impact fees for construction of the capital improvements; and
(iv) covers at least a 5-year period and is reviewed and updated at least every 5 years.
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(3) The service area report is a written analysis that must contain documentation of sources and methodology
used for purposes of subsection (2) and must document how each impact fee meets the requirements of
subsection (7).
(4) The service area report that supports adoption and calculation of an impact fee must be available to the
public upon request.
(5) The amount of each impact fee imposed must be based upon the actual cost of public facility expansion or
improvements or reasonable estimates of the cost to be incurred by the governmental entity as a result of new
development. The calculation of each impact fee must be in accordance with generally accepted accounting
principles.
(6) The ordinance or resolution adopting the impact fee must include a time schedule for periodically updating
the documentation required under subsection (2).
(7) An impact fee must meet the following requirements:
(a) The amount of the impact fee must be reasonably related to and reasonably attributable to the
development's share of the cost of infrastructure improvements made necessary by the new development.
(b) The impact fees imposed may not exceed a proportionate share of the costs incurred or to be incurred by
the governmental entity in accommodating the development. The following factors must be considered in
determining a proportionate share of public facilities capital improvements costs:
(i) the need for public facilities capital improvements required to serve new development; and
(ii) consideration of payments for system improvements reasonably anticipated to be made by or as a result of
the development in the form of user fees, debt service payments, taxes, and other available sources of funding
the system improvements.
(c) Costs for correction of existing deficiencies in a public facility may not be included in the impact fee.
(d) New development may not be held to a higher level of service than existing users unless there is a
mechanism in place for the existing users to make improvements to the existing system to match the higher level
of service.
(e) Impact fees may not include expenses for operations and maintenance of the facility.
History: En. Sec. 2, Ch. 299, L. 2005; amd. Sec. 1, Ch. 358, L. 2009; amd. Sec. 1, Ch. 276, L. 2015.
Created by
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MEMORANDUM
TO: COMMUNITY DEVELOPMENT BOARD
FROM: CHRIS SAUNDERS, COMMUNITY DEVELOPMENT MANAGER
DATE: AUGUST 14, 2024
SUBJECT: IMPACT FEE USE BY OTHER MONTANA COMMUNITIES The Community Development Board expressed interest in the impact fees used by other communities in the state. Staff has surveyed likely communities and obtained information as follows.
Belgrade: Belgrade is currently working on an update to their impact fees. An RFP was issued in March and a consultant was selected. Belgrade has adopted impact fees for Parks, Water, Sewer, Streets, and Fire. Fees were most recently updated in 2019 and have not been inflation adjusted since then. They recently merged fire services with Central Valley Fire District. Fees are charged for both residential and non-residential uses. They do not divide fees as finely as Bozeman does. Fees for a single detached home (no specified size) are: Parks $1,139 Water $4,786 Sewer $2,709 Streets $5,238 Fire $272 Administration fee of 5% $707.20 Missoula: Missoula has adopted impact fees for Community Services (various governmental general functions, vehicles, and equipment), Parks and Open Space, Transportation, Police, and Fire. City-wide fees were updated in 2019. Fees are charged for both residential and non-residential uses. They divide fees similar to how Bozeman does with gradations for housing size but different size bands. Fees for a single detached home (2,400 sq. ft.) are: Community Services $1,406 Parks and Open Space $4,904 Transportation $1,602 Police $151 Fire $506
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Whitefish: Whitefish has adopted impact fees for Water, Sewer, Stormwater, Police, and Fire. Fees were most recently adopted in 2023. Fees are charged for both residential and non-residential uses. They divide some fees by square footage of home but less finely than Bozeman does. Water and sewer are set by meter size for all uses. Fees for a single detached home (2,400 sq. ft.) are: Parks & Recreation $419 Paved Trails $912 City Hall $1,138 Police $551 Fire $790 Water $3,903 Sewer $4,041 Kalispell: Kalispell has adopted impact fees for Water, Sewer, Stormwater, Police, and Fire. Fees were adopted in 2015-2019. They have recently begun inflation adjustments. Fees are charged for both residential and non-residential uses. They do not divide fees as finely as Bozeman does. Fees for a single detached home (no specified size) are: Water $2,138 Sewer $3,240 Stormwater $618 Police $41 Fire $438 Helena, Great Falls, and Billings have not chosen to use impact fees as part of their infrastructure funding approach.
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Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:A Resolution Adopting the 2025 Service Area Report for Wastewater Impact
Fees and Establishing an Effective Date of April 5, 2025
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: Having reviewed and considered the staff
presentation, public comment, and all information presented, I hereby adopt
the findings of the proposed Resolution and adopt the Resolution with an
effective date of April 5, 2025.
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:The City of Bozeman first adopted impact fees in 1996 and has used them
continuously since. The State of Montana authorizes local government
impact fees through Title 7, Chapter 6, Part 16, Montana Code Annotated
(MCA) [External Link]. A key part of the state authorization is the
requirement for a local government to prepare a service area report (SAR)
for each fee type. The SAR consolidates key information relating to the
future needs for infrastructure, expected means to provide the
infrastructure, and the process by which the cost of additional services are
assigned to units of new development.
The City updates the SAR at least every four years to help ensure the fees are
accurate, reflect current construction costs and service needs, and remain
roughly proportionate and logically connected in the benefits to the
development that pays the fees. The City hired TischlerBise, a nationally
prominent specialist in impact fees, to support the City in updating the
impact fee SAR.
Staff has reviewed the draft Wastewater SAR prepared by TischlerBise on
behalf of the City and finds that the document meets the requirements of
state law for an SAR. The SAR is in writing, the document has been provided
to the public for review through the Engage Bozeman website [External Link]
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as well as the agenda for the Community Development Board meeting and
the City Commission agenda. The City has an annual process to update a
capital improvement program to schedule construction of public facility
capital improvements. As shown in the SAR, actual costs of construction and
reasonable estimate of costs have been used, forecast for future needs are
provided, necessary facilities to serve future growth are identified, and the
appropriateness of a single service area is established. No maintenance or
operational costs are included in the calculated fee. All other necessary
elements are also provided.
The City published formal notice in the Bozeman Daily Chronicle on
2/01/2025, 2/15/2025, 3/01/2025, and 3/15/2025 of the public hearings
before the Community Development Board and City Commission. A news
item was included on the City's website, the Engage Bozeman impact fee
update project website was established, several publicly available work
sessions and training sessions regarding impact fees have been held during
the project, and direct notification to interest groups occurred at the
beginning of the project. The Community Development Board held a public
hearing on the draft SAR on February 24, 2025. The video and minutes of the
hearing are available through the City's website [External Link]. Discussion
on the SAR begins at 4:15 in the meeting. See the cover materials for the
Wastewater Service Area Report for more information on the Community
Development Board hearing. The Board recommended unanimously, 7-0,
approval to the City Commission.
The action under this agenda item is specific to the Wastewater impact fee.
The City also implements fire, transportation, and water impact fees.
The review of the SAR is an item on the Commission's March 25, 2025,
agenda. Should the Commission find that the SAR is correct and meets all
requirements then this Resolution formally adopts the service area report
and sets the date that it will take effect as April 5, 2025.
UNRESOLVED ISSUES: To accept or not accept the suggested effective date.
ALTERNATIVES:1. Approve the Resolution as submitted;
2. Approve the Resolution with a modified effective date; or
3. Open and continue the item, with specific request staff to supply
additional information or to address specific items.
FISCAL EFFECTS:Adoption by resolution of the Service Area Report will enable continued
operation of the impact fee program to offset capital costs from new
construction for wastewater functions.
Attachments:
Adopting Resolution for Wastewater IF SAR 2025.docx
Bozeman, MT Impact Fee Report_Wastewater_2.6.25.pdf
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Report compiled on: March 11, 2025
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RESOLUTION 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ADOPTING THE WASTEWATER IMPACT FEESERVICE AREA REPORTPER ARTICLE 2.06, BMC AND
ESTABLISHING WASTEWATER IMPACT FEES AS STATED IN THE SERVICE AREA REPORT.
WHEREAS,the City of Bozeman is committed to addressing the community’s expressed
needs and desires for services; and
WHEREAS,the City of Bozeman is committed to meeting those desires and demands for
services in a fiscally responsible manner; and
WHEREAS,the City of Bozeman is committed to meeting those desires and demands for
services in a manner which recognizes the fiscal and legal interests of all of the system users now
and in the future and not a limited subset of users; and
WHEREAS, the City of Bozeman has developed and adopted a Wastewater master plan
which examined current and future needs and provides a lawful, logical, balanced, operationally
sound, and cost-effective basis upon which to maintain and develop the City’s Wastewater
system; and
WHEREAS, the City Commission has chosen to utilize impact fees as one element of an
integrated approach to fund and provide Wastewater services; and
WHEREAS, Sections 7-6-1601 through 7-6-1604, MCA provide specific authority and
direction regarding the documentation necessary to establish an impact fee and procedures to
adopt and administer an impact fee; and
WHEREAS, the City contracted with TischlerBise to provide professional services in
development of an updated Wastewater impact fee service area report;
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WHEREAS,TischlerBise reviewed the existing demand and needs for Wastewater
facilities, the existing facilities available to meet that demand, and the method of financing the
existing systems and needed new facilities; and,
WHEREAS, TischlerBise also reviewed the contribution made or to be made in the future
in cash or by taxes, fees, or assessments by property owners towards the capital costs of
Wastewater facilities; and,
WHEREAS,TishlerBise reviewed and relied upon the City of Bozeman’s level of service
(LOS) standards and facility cost assumptions as established by recently constructed projects in
recommending Wastewater facilities impact fees; and,
WHEREAS,The Community Development Board in their capacity as the Impact Fee
Advisory Committee reviewed the draft service area report and conducted a public hearing on
February 24, 2025, and having considered all matters properly related to the draft service area
report recommended that the City Commission adopt the service area report; and,
WHEREAS,TischlerBise has prepared the Service Area Report, presented to the City
Commission on March 25, 2025, including the assumptions, population and residential and non-
residential development projections, capital infrastructure and impact fee calculations, which
Service Area Report has been submitted to and reviewed by City staff, Community Development
Board acting in their capacity as the Impact Fee Advisory Committee, and City Commission; and,
WHEREAS,the City develops its Wastewater facility plans, and its capital improvements
program in a manner open to the public and accepts and responds to public comment and input;
and
WHEREAS,the City and TischlerBise have developed the service area report in a manner
open to the public and accepted and responded as appropriate to comment and input; and
WHEREAS,the City Commission conducted a public hearing on March 25, 2025, and
considered all offered oral and written comments; and
WHEREAS,the City Commission reviewed and discussed the service area report and
accepts and agrees with the content of the service area report and recognizes that updates and
modifications will be made to the fee schedule in the future in accord with the annual cost
adjustment requirements of Chapter 2, Article 6, Division 9 BMC; and
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WHEREAS,the City Commission finds that all required elements necessary for compliance
with standards for development of an impact fee have been satisfied.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
1. The draft of the Wastewater Impact Fee Service Area Report, as contained in Exhibit
"A", attached to this resolution and by this reference made a part of this resolution,
is hereby adopted.
2. As of April 5, 2025, any person who seeks to obtain any of the forms of development
listed 2.06.1680, BMC must pay a Wastewater Impact Fee pursuant to the schedule
included in Exhibit A of this Resolution.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 25th day of March 2025.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
391
Wastewater
Service Area Report and
Impact Fee Study
Prepared for:
Bozeman, Montana
February 6, 2025
4701 Sangamore Road
Suite S240
Bethesda, MD
(301) 320‐6900
www.TischlerBise.com
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Wastewater Service Area Report and Impact Fee Study
Bozeman, Montana
[PAGE INTENTIONALLY LEFT BLANK]
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i
Table of Contents
Executive Summary ................................................................................................................. 3
Montana Impact Fee Enabling Legislation ............................................................................ 3
Public Facilities ...................................................................................................................................... 3
Service Area Report .............................................................................................................................. 4
Legal Framework .................................................................................................................. 4
Methodology ....................................................................................................................... 6
Conceptual Impact Fee Calculation ...................................................................................................... 7
Evaluation of Credits ............................................................................................................................. 7
Maximum Supportable Wastewater Impact Fees ................................................................. 8
Wastewater Service Area Report ........................................................................................... 10
Service Area ........................................................................................................................................ 10
Cost Allocation .................................................................................................................................... 10
Service Demand Units ......................................................................................................................... 10
Existing and Projected Growth in Service Area ................................................................................... 13
Wastewater Capital Improvement Plan ............................................................................. 15
Cost Analysis of Wastewater Projects ................................................................................ 17
Wastewater Collection Cost Analysis .................................................................................................. 17
Wastewater Treatment Cost Analysis ................................................................................................. 18
Credit for Other Revenues Sources .................................................................................... 20
Wastewater Department Personnel and Operations .......................................................... 20
Maximum Supportable Wastewater Impact Fees ............................................................... 21
Projected Wastewater Impact Fee Revenue ....................................................................... 25
Appendix A: Land Use Assumptions ....................................................................................... 26
Population and Housing Characteristics ............................................................................. 26
Building Permit History ...................................................................................................... 26
Base Year Housing Units and Population ............................................................................ 27
Housing Unit and Population Projections ........................................................................... 30
Current Employment and Nonresidential Floor Area .......................................................... 31
Employment and Nonresidential Floor Area Projections .................................................... 31
Vehicle Trip Generation ..................................................................................................... 33
Residential Vehicle Trips by Housing Type ......................................................................................... 33
Residential Vehicle Trips Adjustment Factors..................................................................................... 34
Nonresidential Vehicle Trips ............................................................................................................... 34
Vehicle Trip Projections ..................................................................................................... 36
Demand Indicators by Dwelling Size ................................................................................... 37
Bozeman Control Totals ...................................................................................................................... 37
Demand Indicators by Dwelling Size ................................................................................................... 37
Persons by Dwelling Size ..................................................................................................................... 38
Person by Dwelling Size and Housing Type ......................................................................................... 39
Trip Generation by Dwelling Size ........................................................................................................ 42
Vehicle Trip Ends by Dwelling Size ...................................................................................................... 43
Vehicle Trip Ends by Dwelling Size and Housing Type ........................................................................ 44
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Appendix B: Land Use Definitions .......................................................................................... 46
Residential Development .................................................................................................................... 46
Nonresidential Development .............................................................................................................. 46
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EXECUTIVE SUMMARY
The City of Bozeman, Montana, contracted with TischlerBise to document land use assumptions, prepare
the Service Area Report, and update impact fees within the applicable service areas pursuant to Montana
Code 7‐6‐16 (hereafter referred to as the “Enabling Legislation”). Governmental entities in Montana may
assess impact fees to offset infrastructure costs to the governmental entity for public facilities needed to
serve future development. For each public facility for which an impact fee is imposed, the governmental
entity shall prepare and approve a service area report. The impact fees must (1) be reasonably related to
and reasonably attributable to the development's share of the cost of infrastructure improvements made
necessary by the new development and (2) may not exceed a proportionate share of the costs incurred
or to be incurred by the governmental entity in accommodating the development.
Impact fees are one‐time payments used to construct system improvements needed to accommodate
future development, and the fee represents future development’s proportionate share of infrastructure
costs. Impact fees may be used for infrastructure improvements or debt service for growth‐related
infrastructure. In contrast to general taxes, impact fees may not be used for operations, maintenance,
replacement, or correcting existing deficiencies.
This Service Area Report and associated update to its impact fees are for Bozeman wastewater
infrastructure. In a tandem effort, TischlerBise is also updating the Service Area Reports for fire/EMS,
transportation, and water public facilities.
Montana Impact Fee Enabling Legislation
The Enabling Legislation governs how impact fees are calculated for governmental entities in Montana.
Public Facilities
Under the requirements of the Enabling Legislation, impact fees may only be used for construction,
acquisition, or expansion of public facilities made necessary by new development. “Public Facilities”
means any of the following categories of capital improvements with a useful life of 10 years or more that
increase or improve the service capacity of a public facility (§7‐6‐1601(7)):
1. a water supply production, treatment, storage, or distribution facility;
2. a wastewater collection, treatment, or disposal facility;
3. a transportation facility, including roads, streets, bridges, rights‐of‐way, traffic signals, and
landscaping;
4. a storm water collection, retention, detention, treatment, or disposal facility or a flood control
facility;
5. a police, emergency medical rescue, or fire protection facility; and
6. other facilities for which documentation is prepared as provided in 7‐6‐1602 that have been
approved as part of an impact fee ordinance or resolution by:
a two‐thirds majority of the governing body of an incorporated city, town, or
consolidated local government; or
a unanimous vote of the board of county commissioners of a county government.
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Also, §7‐6‐1601(5a) states that "impact fee" means ‘any charge imposed upon development by a
governmental entity as part of the development approval process to fund the additional service capacity
required by the development from which it is collected. An impact fee may include a fee for the
administration of the impact fee not to exceed 5 percent of the total impact fee collected.’
Service Area Report
For each public facility for which an impact fee is imposed, the governmental entity shall prepare and
approve a service area report. The service area report is a written analysis that must:
1. describe existing conditions of the facility;
2. establish level‐of‐service standards;
3. forecast future additional needs for service for a defined period of time;
4. identify capital improvements necessary to meet future needs for service;
5. identify those capital improvements needed for continued operation and maintenance of the
facility;
6. make a determination as to whether one service area or more than one service area is
necessary to establish a correlation between impact fees and benefits;
7. make a determination as to whether one service area or more than one service area for facilities
is needed to establish a correlation between impact fees and benefits;
8. establish the methodology and time period over which the governmental entity will assign the
proportionate share of capital costs for expansion of the facility to provide service to new
development within each service area;
9. establish the methodology that the governmental entity will use to exclude operations and
maintenance costs and correction of existing deficiencies from the impact fee;
10. establish the amount of the impact fee that will be imposed for each unit of increased service
demand; and
11. have a component of the budget of the governmental entity that:
a. schedules construction of public facility capital improvements to serve projected
growth;
b. projects costs of the capital improvements;
c. allocates collected impact fees for construction of the capital improvements; and
d. covers at least a 5‐year period and is reviewed and updated at least every 5 years.
Legal Framework
Both state and federal courts have recognized the imposition of impact fees as a legitimate form of land
use regulation, provided the fees meet standards intended to protect against regulatory takings. Land use
regulations, development exactions, and impact fees are subject to the Fifth Amendment prohibition on
taking of private property for public use without just compensation. To comply with the Fifth Amendment,
development regulations must be shown to substantially advance a legitimate governmental interest. In
the case of impact fees, that interest is in the protection of public health, safety, and welfare by ensuring
development is not detrimental to the quality of essential public services. The means to this end are also
important, requiring both procedural and substantive due process. The process followed to receive
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community input (i.e., stakeholder meetings, work sessions, and public hearings) provides opportunities
for comments and refinements to the impact fees.
There are three reasonable relationship requirements for impact fees that are closely related to “rational
nexus”, or “reasonable relationship” requirements enunciated by a number of state courts. Although the
term “dual rational nexus” is often used to characterize the standard by which courts evaluate the validity
of impact fees under the U.S. Constitution, we prefer a more rigorous formulation that recognizes three
elements: “need,” “benefit,” and “proportionality.” The dual rational nexus test explicitly addresses only
the first two, although proportionality is reasonably implied, and was specifically mentioned by the U.S.
Supreme Court in the Dolan case (Dolan v. City of Tigard, OR, 1994). Furthermore, the plaintiff in the 2024
Sheetz v. El Dorado County U.S. Supreme Court case argued that the El Dorado County, CA impact fee
program failed to meet the Nollan/Dolan test. The U.S. Supreme Court remanded the case back to the
California Supreme Court for further proceedings on a stricter interpretation of the rational nexus,
specifically the extent impact fees can be “roughly proportionate.” Thus, it has been determined that
State courts will make similar judgements on future similar cases. Individual elements of the nexus
standard are discussed further in the following paragraphs.
All new development in a community creates additional demands on some, or all, public facilities provided
by local government. If the capacity of facilities is not increased to satisfy that additional demand, the
quality or availability of public services for the entire community will deteriorate. Impact fees may be used
to recover the cost of development‐related facilities, but only to the extent that the need for facilities is
a consequence of development that is subject to the fees. The Nollan decision reinforced the principle
that development exactions may be used only to mitigate conditions created by the developments upon
which they are imposed. That principle clearly applies to impact fees. In this study, the impact of
development on infrastructure needs is analyzed in terms of quantifiable relationships between various
types of development and the demand for specific capital facilities, based on applicable level‐of‐service
standards.
The requirement that exactions be proportional to the impacts of development was clearly stated by the
U.S. Supreme Court in the Dolan case and is logically necessary to establish a proper nexus. Proportionality
is established through the procedures used to identify development‐related facility costs, and in the
methods used to calculate impact fees for various types of facilities and categories of development. The
demand for capital facilities is measured in terms of relevant and measurable attributes of development
(e.g., a typical housing unit’s average weekday vehicle trips).
A sufficient benefit relationship requires that impact fee revenues be segregated from other funds and
expended only on the facilities for which the fees were charged. Impact fees must be expended in a timely
manner and the facilities funded by the fees must serve the development paying the fees. However,
nothing in the U.S. Constitution or the state enabling legislation requires that facilities funded with fee
revenues be available exclusively to the development paying the fees. In other words, benefit may extend
to a general area including multiple real estate developments. Procedures for the earmarking and
expenditure of fee revenues are discussed near the end of this study. All of these procedural as well as
substantive issues are intended to ensure that new development benefits from the impact fees they are
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required to pay. The authority and procedures to implement impact fees are separate from and
complementary to the authority to require improvements as part of subdivision or zoning review.
As documented in this report, the City of Bozeman has complied with applicable legal precedents. Impact
fees are proportionate and reasonably related to the capital improvement demands of new development.
Specific costs have been identified using local data and current dollars. With input from City staff,
TischlerBise identified service demand indicators for each type of infrastructure and calculated
proportionate share factors to allocate costs by type of development. This report documents the formulas
and input variables used to calculate the impact fees for each type of public facility. Impact fee
methodologies also identify the extent to which new development is entitled to various types of credits
to avoid potential double payment of growth‐related capital costs.
Methodology
Impact fees for public facilities made necessary by new development must be based on the same level of
service provided to existing development in the service area. There are three basic methodologies used
to calculate impact fees. They examine the past, present, and future status of infrastructure. The objective
of evaluating these different methodologies is to determine the best measure of the demand created by
new development for additional infrastructure capacity. Each method has advantages and disadvantages
in a particular situation and can be used simultaneously for different cost components. Additionally,
impact fees for public facilities can also include a fee for the administration of the impact fee not to exceed
five percent of the total impact fee collected.
Reduced to its simplest terms, the process of calculating impact fees involves two main steps: (1)
determining the cost of growth‐related capital improvements and (2) allocating those costs equitably to
various types of development. In practice, though, the calculation of impact fees can become quite
complicated because of the many variables involved in defining the relationship between development
and the need for facilities within the designated service area. The following paragraphs discuss basic
methods for calculating impact fees and how those methods can be applied.
Cost Recovery (past improvements) ‐ The rationale for recoupment, often called cost recovery, is
that future development is paying for its share of the useful life and remaining capacity of facilities
already built, or land already purchased, from which future development will benefit. This
methodology is often used for utility systems that must provide adequate capacity before new
development can take place.
Incremental Expansion (concurrent improvements) ‐ The incremental expansion methodology
documents current level‐of‐service standards for each type of public facility, using both quantitative
and qualitative measures. This approach assumes there are no existing infrastructure deficiencies or
surplus infrastructure capacity. Future development is only paying its proportionate share for
growth‐related infrastructure. Revenue will be used to expand or provide additional facilities, as
needed, to accommodate future development. An incremental expansion methodology is best suited
for public facilities that will be expanded in regular increments to keep pace with development.
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Plan‐Based (future improvements) ‐ The plan‐based methodology allocates costs for a specified set
of improvements to a specified amount of development. Improvements are typically identified in a
long‐range facility plan and development potential is identified by a land use plan. There are two
basic options for determining the cost per service demand unit: (1) total cost of a public facility can
be divided by total service demand units (average cost), or (2) the growth‐share of the public facility
cost can be divided by the net increase in service demand units over the planning timeframe
(marginal cost).
Conceptual Impact Fee Calculation
In contrast to project‐level improvements, impact fees fund growth‐related infrastructure that will benefit
multiple development projects, or the entire service area (usually referred to as system improvements).
The first step is to determine an appropriate service demand unit for the particular type of infrastructure.
The service demand indicator measures the number of service units for each unit of development. For
example, an appropriate indicator of the demand for roadways is vehicle trips or vehicle miles of travel
that can be determined by development type. The second step in the impact fee formula is to determine
infrastructure improvement units per service demand unit, typically called level of service (LOS) standards.
In keeping with the roadway example, a common LOS standard is volume to capacity ratio. The third step
in the impact fee formula is the cost of various infrastructure units. To complete the roadway example,
this part of the formula would establish a construction cost per lane mile of road expansion.
The body of the report will detail these steps specific to the Bozeman Wastewater Impact Fee analysis.
For reference, the service units and LOS standards can be found starting on page 10 and infrastructure
costs starting on page 17.
Evaluation of Credits
The consideration of credits is integral to the development of a legally defensible impact fee. There are
two types of credits that should be addressed in impact fee studies and ordinances. The first is a revenue
credit due to possible double payment situations, which could occur when other revenues expected to be
paid by future development may contribute to the capital costs of infrastructure covered by the impact
fee. This type of credit is integrated into the fee calculation, thus reducing the fee amount.
The second type of credit is a site‐specific credit for system improvements that have been included in the
impact fee calculations. Policies and procedures related to site‐specific credits for system improvements
are addressed in the ordinance that establishes the impact fees. However, the general concept is that
developers may be eligible for site‐specific credits only if they provide system improvements that have
been included in the impact fee calculations. Project improvements normally required as part of the
development approval process are not eligible for credits against impact fees. Site‐specific credits are
addressed in the administration and implementation of the development fee program.
Below, Figure 1 summarizes service areas, methodologies, and infrastructure cost components. Described
in the body of the report, the analysis takes a hybrid approach to calculating the capital cost of providing
wastewater service to future development.
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Figure 1. Impact Fee Service Areas, Methodologies, and Cost Allocation
Maximum Supportable Wastewater Impact Fees
The following figures list the schedule of the maximum supportable impact fees by type of land use. The
fees represent the highest amount allowable for each type of applicable land use. The City may adopt fees
that are less than the amounts shown. However, a reduction in impact fee revenue will necessitate an
increase in other revenues, a decrease in planned capital expenditures, and/or a decrease in levels of
service.
The maximum supportable impact fees for residential development will be assessed per housing unit,
based on the square footage of the unit. This study presents additional size bands compared to the current
fee schedule. Expanding the schedule allows for further proportionately for smaller and larger housing
units. Nonresidential impact fees will be assessed based on water meter size.
Figure 2. Maximum Supportable Wastewater Impact Fee Schedule – Single‐Unit Dwelling Including
Townhomes
Wastewater Citywide
Wastewater Collection,
Treatment ‐Wastewater Collection,
Treatment Gallons
Cost
AllocationFee Category Service Area
Incremental
Expansion Plan‐Based
Cost
Recovery
Residential ‐ Single‐Unit Dwelling including Townhomes
Residential (per housing unit)
Under 600 $1,109 $1,336 ($227)
600 to 800 $1,287 $1,336 ($49)
801 to 1,000 $1,559 $1,336 $223
1,001 to 1,200 $1,779 $1,336 $443
1,201 to 1,400 $1,967 $1,336 $631
1,401 to 1,600 $2,124 $1,699 $425
1,601 to 1,800 $2,260 $1,794 $466
1,801 to 2,000 $2,386 $1,908 $478
2,001 to 2,200 $2,490 $2,043 $447
2,201 to 2,400 (avg.)$2,595 $2,157 $438
2,401 to 2,600 $2,679 $2,272 $407
2,601 to 2,800 $2,762 $2,309 $453
2,801 to 3,000 $2,846 $2,425 $421
3,001 to 3,200 $2,919 $2,577 $342
3,201 to 3,400 $2,982 $2,577 $405
3,401 to 3,600 $3,055 $2,577 $478
3,601 to 3,800 $3,108 $2,577 $531
3,801 to 4,000 $3,171 $2,577 $594
4,001 or More $3,223 $2,577 $646
Increase/
(Decrease)
Current
Base Fee
Dwelling Size
(square feet)
Maximum
Supportable Fee
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Figure 3. Maximum Supportable Wastewater Impact Fee Schedule – Other Residential
Figure 4. Maximum Supportable Wastewater Impact Fee Schedule – Nonresidential
Residential ‐ Other Residential
Residential (per housing unit)
Under 600 $1,038 $1,336 ($298)
600 to 800 $1,220 $1,336 ($116)
801 to 1,000 $1,479 $1,336 $143
1,001 to 1,200 $1,687 $1,336 $351
1,201 to 1,400 $1,868 $1,336 $532
1,401 to 1,600 (avg.)$1,998 $1,699 $299
1,601 to 1,800 $2,128 $1,794 $334
1,801 to 2,000 $2,258 $1,908 $350
2,001 to 2,200 $2,361 $2,043 $318
2,201 to 2,400 $2,465 $2,157 $308
2,401 to 2,600 $2,543 $2,272 $271
2,601 to 2,800 $2,621 $2,309 $312
2,801 to 3,000 $2,699 $2,425 $274
3,001 to 3,200 $2,751 $2,577 $174
3,201 to 3,400 $2,829 $2,577 $252
3,401 to 3,600 $2,880 $2,577 $303
3,601 to 3,800 $2,932 $2,577 $355
3,801 to 4,000 $3,010 $2,577 $433
4,001 or More $3,036 $2,577 $459
Group Quarters (per person)
Group Quarters $1,194 $858 $336
Dwelling Size
(square feet)
Maximum
Supportable Fee
Current
Base Fee
Increase/
(Decrease)
Nonresidential
3/4 $6,749 $2,863 $3,886
1 $11,236 $4,773 $6,463
1 1/2 $22,499 $9,547 $12,952
2 $35,993 $15,276 $20,717
3 $67,496 $28,644 $38,852
Increase/
(Decrease)
Meter Size
(inches)
Maximum
Supportable Fee
Current
Base Fee
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WASTEWATER SERVICE AREA REPORT
The Bozeman Wastewater Impact Fee Study includes improvements towards wastewater collection and
treatment. Wastewater demand flows through these infrastructure components at separate times, thus,
the components are examined separately. The analysis uses a hybrid approach to calculate the average
capital cost per gallon to provide the two infrastructure components to future development. The
methodology includes a cost recovery approach associated with previously constructed growth‐related
infrastructure that was debt‐financed and includes future growth‐related projects identified in the FY26‐
31 Capital Improvement Plan (plan‐based). The requirement and purpose of the service area report is
explained on page 3.
Importantly, the fee calculation uses previously constructed and future infrastructure projects and
capacity added by the projects (in gallons) to determine the average construction cost per gallon to the
City of Bozeman to expand that type of infrastructure. The average cost per gallon is then multiplied by
the wastewater demand (in gallons) by development type to find the maximum supportable impact fee.
The methodology is not taking a more aggressive pure plan‐based approach by directly attributing specific
projects to a specific amount of growth (i.e. a 10‐year capital plan compared to a 10‐year projected
growth). Rather, the updated impact fees represent the cost to expand the Bozeman wastewater network
at a per gallon basis and the specific wastewater demand by the development type.
Service Area
The Bozeman wastewater system is one, interconnected network and the wastewater impact fee program
funds infrastructure which benefits all future wastewater users. As such, there is one, citywide service
area in the analysis.
Cost Allocation
Wastewater infrastructure is sized to service peak time demand. Thus, costs for wastewater
improvements are allocated to residential and nonresidential development based on daily wastewater
use (gallons) during peak month. Additionally, a peaking factor is applied to the wastewater collection
component of the analysis to account for the sizing needed in collection mains. If an annual average metric
was used there would be a mismatch between infrastructure capital planning, costs, and demand from
development.
Service Demand Units
A service unit is a standardized measure of demand. The service unit for the wastewater development
fees is an Equivalent Dwelling Unit (EDU). The standard EDU represents the demand from an average sized
single‐unit dwelling with a ¾‐inch water meter. The following section details the calculations to estimate
EDU daily wastewater use during peak month. For wastewater service, the level of service is the amount
of capacity (gallons) allocable to an EDU. The level of service generally represents the amount of capacity
attributable to an EDU.
To understand wastewater demand, water use is examined. Based on water utility account data, the
September billing cycle has been the peak month in Bozeman for water use. The three‐year average for
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daily water use during the peak month from an EDU (single‐unit dwelling with a ¾‐inch meter) is 407
gallons.
Shown in Figure 5, the Water Conservation and Efficiency Plan estimated that 33 percent of residential
wastewater use is for indoor uses, or 134 gallons per EDU (407 gallons x 33 percent = 134 gallons). Daily
indoor water use is used to calculate the wastewater treatment component of the impact fee.
Figure 5. Wastewater Treatment ‐ EDU Peak Month Average Daily Gallons
Importantly, wastewater flow fluctuates during a typical day. Flow peaks in the morning and in the
evening, which is accounted for when the wastewater network of collection mains is constructed.
Allowing for additional room in the collection mains results in the most efficient flow rate and prevents
sewer backups. This is called a peaking factor. In Bozeman, the peaking factor is 330 percent of the daily
demand. In other words, the wastewater collection network is sized at 330 percent of the daily indoor
water use to ensure proper service. For an EDU, this peaking factor results in a demand on the collection
infrastructure of 442 gallons (134 gallons of indoor water use x 330 percent = 442 gallons).
Figure 6. Wastewater Collection ‐ EDU Peak Month Average Daily Gallons
Residential Bozeman wastewater impact fees are based on the size and type of the dwelling unit. In Figure
7, the analysis incorporates persons per household (PPHH) factors to calculate EDUs by size groupings.
Additionally, the current average size Single‐Unit dwelling in Bozeman is between 2,201 and 2,400 square
feet which generates 2.48 PPHH. These characteristics are assumed for an EDU. As a result, EDUs per
household are found by comparing the PPHHs. For example, the average size Other Residential housing
type has 1.92 PPHH or 0.77 EDUs (1.92 PPHH / 2.48 PPHH per EDU = 0.77 EDUs). Note: definitions for the
Single‐Unit Dwelling and Other Residential housing types can be found in Appendix B: Land Use
Definitions.
Single‐Unit Dwelling 3/4‐Inch Meter Gallons
3‐Year Avg. Peak Month Daily Water Use [1] 407
Indoor Peak Water Use (33%) [2] 134
[1] Water utility account data
[2] Bozeman Water Conservation and Efficiency Plan (2023)
EDU Treatment Demand ‐ Indoor Water Use (gals)* 134
Collection Peaking Factor [1] 330%
EDU Collection Demand (gals) 442
Bozeman Wastewater Demand
[1] Collection systems are sized to handle peak use plus
additional room for adequate flow.
*Indoor water use has been calculated based on utility
account data and removing estimated irrigation water use.
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Figure 7. Wastewater Ratio of Service Unit to Development Unit
Nonresidential wastewater impact fees are calculated based on demand relative to an EDU. Using account
data, a Single‐Unit dwelling with a ¾‐inch water meter averaged 65,934 gallons in 2022 while commercial
and industrial users with the same sized water meter averaged 171,478 gallons in 2022. Thus, a
nonresidential user with a ¾‐inch meter consumes 260 percent of a residential use with the same meter
size. In other words, a nonresidential user with a ¾‐inch meter represents 2.60 EDUs. In the previous
(2018) impact fee study, nonresidential users accounted for 1.50 EDUs.
This difference in relationship of demand between residential and nonresidential uses may be influenced
by a variety of factors including conservation efforts by residential users, higher occupancy in office
spaces, busier restaurants, or similar increases in intensity of use.
Figure 8. Comparison of Residential and Nonresidential Demand
Following the data presented in Figure 9, a nonresidential development using a ¾‐inch water meter is
assessed 2.60 EDUs. Furthermore, the AWWA standards for max water flow by water meter size are used
Single‐Unit Dwelling including Townhomes Other Residential
Single‐Unit Other Res.
PPHH EDU PPHH EDU
Under 600 1.06 0.43 Under 600 1.00 0.40
600 to 800 1.23 0.50 600 to 800 1.16 0.47
801 to 1,000 1.49 0.60 801 to 1,000 1.41 0.57
1,001 to 1,200 1.70 0.69 1,001 to 1,200 1.61 0.65
1,201 to 1,400 1.88 0.76 1,201 to 1,400 1.78 0.72
1,401 to 1,600 2.03 0.82 1,401 to 1,600 (avg. other) 1.92 0.77
1,601 to 1,800 2.16 0.87 1,601 to 1,800 2.04 0.82
1,801 to 2,000 2.28 0.92 1,801 to 2,000 2.16 0.87
2,001 to 2,200 2.38 0.96 2,001 to 2,200 2.25 0.91
2,201 to 2,400 (EDU) 2.48 1.00 2,201 to 2,400 2.35 0.95
2,401 to 2,600 2.56 1.03 2,401 to 2,600 2.42 0.98
2,601 to 2,800 2.64 1.06 2,601 to 2,800 2.50 1.01
2,801 to 3,000 2.72 1.10 2,801 to 3,000 2.57 1.04
3,001 to 3,200 2.79 1.13 3,001 to 3,200 2.64 1.06
3,201 to 3,400 2.85 1.15 3,201 to 3,400 2.70 1.09
3,401 to 3,600 2.92 1.18 3,401 to 3,600 2.76 1.11
3,601 to 3,800 2.97 1.20 3,601 to 3,800 2.81 1.13
3,801 to 4,000 3.03 1.22 3,801 to 4,000 2.87 1.16
4,001 or More 3.08 1.24 4,001 or More 2.91 1.17
Group Quarters (per person)
Group Quarters 1.00 0.40
Dwelling Size
(square feet)
Dwelling Size
(square feet)
2022 2022
2022
3/4 Inch Meter Account
Single‐Unit Dwelling 662 10,038 65,934
Commercial, Industrial 127 741 171,478
Nonresidential Use vs Residential Use 260%
Total Water
Use (MGD)
Avg Use (gal)
per Account
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to calculate EDUs for developments with larger water meters. For example, the max water flow for a 1.5‐
inch meter is 100 gallons per minute, resulting in 8.67 EDUs (100 gpm / 30 gpm x 2.60 EDUs = 8.67 EDUs).
Larger meters can show highly variable use patterns. Thus, nonresidential developments with a water
meter greater than three inches are assessed an impact fee on a case‐by‐case basis based on its specific
estimated wastewater need. Estimated need is determined from plumbing fixture counts and other data
during the building permit process to establish an expected average gallons per day. The City does not
have an adequate installed inventory of meters greater than three inches diameter to provide a reliable
average demand value. Wastewater demand comes from flows to the sewer system; therefore, water
meters which only supply irrigation systems are not charged wastewater impact fees.
Figure 9. Nonresidential EDU Factor by Wastewater Meter Size
Existing and Projected Growth in Service Area
Based on the Water Conservation and Efficiency Plan (2023), indoor water use accounts for 74 percent of
total water demand in Bozeman. Indoor water use is assumed to represent the wastewater demand from
residential and nonresidential users. Total water use in 2023 was estimated at a daily average of 6.30
MGD. Thus, the daily wastewater demand from residential and nonresidential users is 4.66 MGD (6.30
MGD x 74 percent = 4.66 MGD). Note that the Water Reclamation Facility (WRF) receives more than 4.66
MGD because of groundwater inflow and stormwater infiltration (I/I). This additional flow to the WRF is a
naturally occurring element for typical wastewater systems and fluctuates throughout the year depending
on high groundwater conditions and rain events.
It is very difficult to accurately project daily average I/I flows, and impact fees can only fund infrastructure
related to residential and nonresidential users. Thus, the 10‐year wastewater projections in Figure 10 only
represent the demand from development (excluding I/I). Based on water demand projections under the
Plumbing Code and Conservation Program A scenario in the Water Conservation and Efficiency Plan,
wastewater demand is estimated to grow by 1.63 MGD over the next ten years, a 35 percent increase.
3/4 30 2.60
1504.33
1 1/2 100 8.67
2 160 13.87
3 300 26.01
Meter Size
(inches)
AWWA
Max Flow (gal) [1]
EDU Factor
[2]
[2] Nonresidential demand from 3/4 inch accounts is 260
percent of demand from residential EDU demand.
[1] American Water Works Association max water flow
(gallons per minute) standards.
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Figure 10. Projected Daily Residential and Nonresidential Wastewater Use
Base Year
City of Bozeman 2023 2024 2025 2026 2027 2028 2033
Total Daily Wastewater Use (MGD)* 4.66 4.85 5.04 5.19 5.33 5.48 6.29 1.63
*Total for residential and nonresidential wastewater users
10‐Year
Increase
Source: Bozeman Water Conservation and Efficiency Plan (2023); Water projection based on Plumbing Code and
Conservation Program A Savings. Indoor water use (sewer demand) is estimated to be 74 percent of total water use.
5‐Year Increment
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Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 15 Wastewater Capital Improvement Plan The impact fee portion of the FY26‐30 Wastewater Capital Improvement Plan (CIP) is listed in Figure 11 and Figure 12. The City of Bozeman publishes an annual CIP with a larger project list that includes projects that are not impact fee eligible. The five‐year plan totals $58.8 million that addresses wastewater collection and treatment infrastructure needs to accommodate future development. The majority ($50.4 million) is impact fee eligible, while $8.4 million is scheduled based on other sources of funding. Figure 11. Bozeman Impact Fee Funding Wastewater Capital Improvement Plan ProjectCode Project Name FY26 FY27 FY28 FY29 FY30 Total CostWW129 WRF Base Hydraulic Phase 1 $1,607,600 ‐ ‐ ‐ ‐ $1,607,600WW131 WRF Base Hydraulic Phase 2 $400,000 $1,607,700 $14,132,300 ‐ ‐ $16,140,000WWIF59 WRF Screw Press Upgrade ‐ ‐ ‐ ‐ ‐ $1,540,000WWIF60 WRF Screw Press No. 3 Improvement ‐ ‐ ‐ ‐ ‐ $2,651,000WWIF61 WRF Additional Peps Pump ‐ ‐ ‐ ‐ ‐ $869,000WWIF62 WRF Additional Headworks Screen ‐ ‐ ‐ ‐ ‐ $792,000WWIF63 Gooch Hill Lift Station $1,500,000 $1,625,000 $9,464,500 ‐ ‐ $12,589,500WWIF58 Fowler Sewer Upgrade $988,500 ‐ ‐ ‐ ‐ $988,500WW138 MSU Interceptor $836,800 $4,931,900 ‐ ‐ ‐ $5,768,700WWIF99 Wastewater Development Oversizing $70,000 $200,000 $500,000 ‐‐ $770,000WW139 4th Avenue, Babcock Street and Grand Avenue Sewer Repl. ‐ $108,900 $642,000 ‐ ‐ $750,900WWIF20 N. Frontage Interceptor ‐ $1,134,000 ‐ $6,683,300 ‐ $7,817,300WWIF44 WRF Interceptor ‐ ‐ $231,600 $1,365,100 ‐ $1,596,700WW140 North 9th Avenue, West Villard Street, and South 9th Avenue Sewer Repl. ‐ ‐ $369,000 $2,174,600 ‐ $2,543,600WWIF53 Cottonwood Rd Sewer Capacity ‐ ‐ ‐ $327,000 $2,022,000 $2,349,000$5,402,900 $9,607,500 $25,339,400 $10,550,000 $2,022,000 $58,773,800ALL FUNDING408
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 16 Figure 12. Bozeman Impact Fee Funding Wastewater Capital Improvement Plan cont. ProjectCode Project Name Project Type Total CostImpact FeeFundingOtherFundingWW129 WRF Base Hydraulic Phase 1 Treatment $1,607,600 $1,607,600 $0WW131 WRF Base Hydraulic Phase 2 Treatment $16,140,000 $16,140,000 $0WWIF59 WRF Screw Press Upgrade Treatment $1,540,000 $1,540,000 $0WWIF60 WRF Screw Press No. 3 Improvement Treatment $2,651,000 $2,651,000 $0WWIF61 WRF Additional Peps Pump Treatment $869,000 $869,000 $0WWIF62 WRF Additional Headworks Screen Treatment $792,000 $792,000 $0WWIF63 Gooch Hill Lift Station Collection $12,589,500 $12,589,500 $0WWIF58 Fowler Sewer Upgrade Collection $988,500 $466,800 $521,700WW138 MSU Interceptor Collection $5,768,700 $2,711,300 $3,057,400WWIF99 Wastewater Development Oversizing Collection $770,000 $770,000 $0WW139 4th Avenue, Babcock Street and Grand Avenue Sewer Repl. Collection $750,900 $270,300 $480,600WWIF20 N. Frontage Interceptor Collection $7,817,300 $5,721,600 $2,095,700WWIF44 WRF Interceptor Collection $1,596,700 $1,596,700 $0WW140 North 9th Avenue, West Villard Street, and South 9th Avenue Sewer Repl. Collection $2,543,600 $330,700 $2,212,900WWIF53 Cottonwood Rd Sewer Capacity Collection $2,349,000 $2,349,000$0Total $58,773,800 $50,405,500 $8,368,300
409
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 17 Cost Analysis of Wastewater Projects This Service Area Report defines the service demand units and the service area to be used in the impact fee calculations. This section details the method of calculating the capital cost to service new demand for wastewater collection and treatment. The cost per gallon is applied to the service demand units at the end of the report to calculate the maximum supportable impact fees by land use type. As mentioned, the fee calculation uses the previously constructed and future infrastructure projects and capacity added by the projects (in gallons) to determine the average construction cost per gallon to the City of Bozeman to expand that type of infrastructure. The average cost per gallon is then multiplied by the wastewater demand (in gallons) by development type to find the maximum supportable impact fee. The methodology is not taking a more aggressive pure plan‐based approach by directly attributing specific projects to a specific amount of growth (i.e. a 10‐year capital plan compared to a 10‐year projected growth). Rather, the updated impact fees represent the cost to expand the Bozeman wastewater network at a per gallon basis and the specific wastewater demand by the development type. Wastewater demand flows through these infrastructure components at separate times, thus, the components are examined separately. Wastewater Collection Cost Analysis There are eleven wastewater collection projects which are growth‐related and the City plans to fund with impact fees. Two of these projects have been previously constructed and debt financed. Impact fees can be used to fund principal and interest payments for growth‐related projects. Shown in Figure 13, the Front Street Interceptor project is considered to be 70 percent growth‐related, and the Davis/Norton Lift Station and Force Main project is considered to be 96 percent growth‐related. The growth‐related portions have been determined based on the capacity added to the wastewater collection network. The total remaining debt payments are combined with the percentage growth’s share to calculate growth’s share of the remaining payments. Figure 13. Previously Constructed Debt‐Financed Wastewater Collection Growth‐Related Projects Figure 14 combines the two previously constructed projects with the future collection projects in the CIP resulting in a total cost of $53 million, $43.2 million is impact fee eligible. In the case of wastewater collection infrastructure, the capital cost per gallon is found by dividing the impact fee eligible cost by the current capacity of the wastewater network. The capacity of the wastewater network is based on the current capacity of Collection ProjectsFront Street Interceptor 2020 2040 $2,867,138 70% $2,006,996Davis/Norton Lift Station and Force Main 2021 2041 $14,977,450 96% $14,378,352Total $17,844,588 $16,385,348*Based on the capacity added to the wastewater collection networkGrowth‐RelatedRemaining PaymentsYearDebt MaturesGrowth'sShare*RemainingPaymentsYearDebt Issued410
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 18 the wastewater treatment plant (8.50 MGD). As a result, the wastewater collection capital cost per gallon is $5.08 ($43,191,248 / 8.50 MGD = $5.08 per gallon). This represents the capital cost to the Bozeman wastewater network for future development to buy‐in to the current collection network. Figure 14. Wastewater Collection Capital Cost per Gallon Wastewater Treatment Cost Analysis There are seven wastewater treatment projects which are growth‐related and the City plans to fund with impact fees. One of these projects is the previous WRF expansion project which was debt‐financed. Shown in Figure 15, the 2010 expansion project increased the capacity from 5.8 MGD to 8.5 MGD, thus 31.8 percent growth‐related (2.7 MGD / 8.5 MGD = 31.8 percent). The total remaining debt payments are combined with the percentage growth’s share to calculate growth’s share of the remaining payments. The non‐growth‐related portion of this debt is to be funded through utility rates. The non‐growth‐related portion represents a previous deficiency resulting from a change in terms of the discharge permit issued by the State of Montana for the WRF which is not impact fee eligible, thus other funding is needed. In other words, existing and future wastewater users pay their fair share of addressing infrastructure deficiencies through utility rates and future users pay their fair share of capacity expansion through the impact fees. The City of Bozeman accounts for these separate sources WWIF63 Gooch Hill Lift Station Collection FY26 $12,589,500 $12,589,500WWIF58 Fowler Sewer Upgrade Collection FY26 $988,500 $466,800WW138 MSU Interceptor Collection FY26 $5,768,700 $2,711,300WWIF99 Wastewater Development Oversizing Collection FY26 $770,000 $770,000WW139 4th Avenue, Babcock Street and Grand Avenue Sewer Main Replacement Collection FY27 $750,900 $270,300WWIF20 N. Frontage Interceptor Collection FY27 $7,817,300 $5,721,600WWIF44 WRF Interceptor Collection FY28 $1,596,700 $1,596,700WW140 North 9th Avenue, West Villard Street, and South 9th Avenue Sewer Main Replacement Collection FY27 $2,543,600 $330,700WWIF53 Cottonwood Rd Sewer Capacity Collection FY29 $2,349,000 $2,349,000‐ Front Street Interceptor* Collection FY20 $2,867,138 $2,006,996‐ Davis/Norton Lift Station and Force Main* Collection FY21 $14,977,450 $14,378,352Total $53,018,788 $43,191,248Impact Fee Related Costs $43,191,248Capacity of Wastewater System (MGD) 8.50Capital Cost per Gallon $5.08Impact FeeFundingProjectCode Project Name Project TypeYearScheduled Total Cost* Previously constructed projects which were growth‐related and debt financed. Total cost represents the remaining principal and interest payments for the issued bonds, while the impact fee funding portion is the growth's share.411
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 19 and growth share of expansion projects ensuring utility rates are not funding growth portions of debt. Thus, no revenue credit is needed to prevent double charging. Figure 15. Previously Constructed Debt‐Financed Wastewater Treatment Growth‐Related Projects Along with the previous WRF expansion project, the City anticipates additional expansions to accommodate future growth. The future projects are anticipated to increase capacity by 6.10 MGD to the WRF. Figure 16 combines the WRF projects resulting in a total cost of $33.5 million, $26.7 million is impact fee eligible. The project list adds 8.80 MGD to the WRF as well. The average cost per gallon to add WRF capacity is found by dividing growth’s cost by the gallons added, resulting in $3.04 per gallon ($26,744,417 / 8.80 MGD = $3.04 per gallon). As mentioned, the total $26.7 million in impact fee eligible costs is not wholly attributed to development over the next ten years. Rather, the analysis has calculated the average cost per gallon to expand the water reclamation facility based on previous and future capital projects. Later in the report, the average cost per gallon will be applied to the demand by development type to find the maximum supportable impact fee. Figure 16. Wastewater Treatment Capital Cost per Gallon Treatment ProjectWastewater Reclamation Facility 2010 2030 $9,900,351 31.8% $3,144,817Total $9,900,351 $3,144,817*Capacity at the WRF was expanded from 5.8 MGD to 8.5 MGD. Adding 2.7MGD, the project is 31.8% growth‐related (2.7 MGD/8.5 MGD = 31.8%).RemainingPaymentsGrowth'sShare*Growth‐RelatedRemaining PaymentsYearDebt IssuedYearDebt MaturesProjectCode Project Name Project TypeYearScheduled Total CostImpact FeeFundingCapacityIncrease MGDWW129 WRF Base Hydraulic Phase 1 Treatment FY26 $1,607,600 $1,607,600WW131 WRF Base Hydraulic Phase 2 Treatment FY26 $16,140,000 $16,140,000WWIF59 WRF Screw Press Upgrade Treatment FY31+ $1,540,000 $1,540,000WWIF60 WRF Screw Press No. 3 Improvement Treatment FY31+ $2,651,000$2,651,000WWIF61 WRF Additional Peps Pump Treatment FY31+ $869,000 $869,000WWIF62 WRF Additional Headworks Screen Treatment FY31+ $792,000 $792,000‐ 2010 WRF Expansion Project* Treatment FY10 $9,900,351 $3,144,817 2.70Total $33,499,951 $26,744,417 8.80Impact Fee Related Costs $26,744,417Capacity Increase (MGD) 8.80Capital Cost per Gallon $3.04*Total cost represents total remaining payments, while impact fee amount is the growth‐related portion of the payments (31.8 percent).6.10412
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Credit for Other Revenues Sources
Evaluation of other revenues funding capital expansion is necessary to ensure the impact fee is
proportionate and there are no double charging scenarios.
The City has an existing impact fee fund balance ($4.9 million) that is not scheduled for current projects
and will fund a portion of the CIP. Currently, the growth‐related CIP and remaining debt payments total
$69.9 million. Thus, 6.9 percent of the growth‐related wastewater infrastructure cost has already been
collected. A credit for this amount is included in the final impact fee calculation.
Figure 17. Existing Wastewater Impact Fee Fund Balance Credit
Furthermore, City staff examines the non‐growth‐related share of each wastewater project. The portion
that is considered to be non‐growth‐related is funded through other sources such wastewater utility rates.
In this case, impact fees are funding the growth‐related portion, thus there is no double charging concern
and no need for another revenue credit.
Wastewater Department Personnel and Operations
As described in the legal framework section of this report, impact fees are limited to capacity adding
capital expansion. No Wastewater Department personnel, operations, or maintenance expenses are
allowed to be included in an impact fee and all such expenses are excluded from the impact fee. All these
expenses are paid for with monthly service charges or other non‐impact fee revenue.
City of Bozeman
Wastewater
Impact Fee Fund
Existing Fund Balance* $4,857,410
Growth‐Related CIP + Debt $69,935,665
Balance Share of Growth‐Related Costs 6.9%
*Excludes balance that is earmarked for current projects
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Maximum Supportable Wastewater Impact Fees
The following figures list the maximum supportable Bozeman Wastewater Impact Fees for residential and
nonresidential development and include an administration fee of five percent (§ 7‐6‐1601(5a)) and the
credit for the existing fund balance credit. As detailed, demand on wastewater treatment and collection
infrastructure is different because of the peaking factor needed for collection infrastructure. The cost per
gallon for each component along with the proportionate share of the credit and administrative fee are
combined with the gallons per EDU to find the capital cost per EDU by component. For example, the net
cost per gallon for treatment infrastructure is $2.97 resulting in $398 per EDU ($2.97 per gallon x 134
gallons per EDU = $398 per EDU). The grand total capital cost per EDU is $2,595.
Fees are calculated based on EDUs. For example, the fee for a 1,300 square foot Single‐Unit dwelling is
$1,967 ($2,595 per EDU x 0.76 EDUs = $1,967 per unit).
The fees represent the highest amount allowable for each type of applicable land use, which represents
new growth’s fair share of the cost for capital facilities. The City may adopt fees that are less than the
amounts shown. However, a reduction in impact fee revenue will necessitate an increase in other
revenues, a decrease in planned capital expenditures, and/or a decrease in levels of service.
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Figure 18. Maximum Supportable Wastewater Impact Fee Schedule – Single‐Unit Dwelling
Cost
per Gallon
WW Treatment Plant Projects $3.04
WW Collection Projects $5.08
Gross Total $8.12
Credit for Existing Fund Balance (6.9%)($0.56)
Administrative Fee (5%) $0.38
Wastewater Gallons per EDU ‐ Treatmeant 134
Subtotal Capital Cost per EDU $398
Wastewater Gallons per EDU ‐ Collection 442
Subtotal Capital Cost per EDU $2,197
Grand Total Capital Cost per EDU $2,595
Residential ‐ Single‐Unit Dwelling including Townhomes
Residential (per housing unit)
Under 600 0.43 $1,109 $1,336 ($227)
600 to 800 0.50 $1,287 $1,336 ($49)
801 to 1,000 0.60 $1,559 $1,336 $223
1,001 to 1,200 0.69 $1,779 $1,336 $443
1,201 to 1,400 0.76 $1,967 $1,336 $631
1,401 to 1,600 0.82 $2,124 $1,699 $425
1,601 to 1,800 0.87 $2,260 $1,794 $466
1,801 to 2,000 0.92 $2,386 $1,908 $478
2,001 to 2,200 0.96 $2,490 $2,043 $447
2,201 to 2,400 (avg.) 1.00 $2,595 $2,157 $438
2,401 to 2,600 1.03 $2,679 $2,272 $407
2,601 to 2,800 1.06 $2,762 $2,309 $453
2,801 to 3,000 1.10 $2,846 $2,425 $421
3,001 to 3,200 1.13 $2,919 $2,577 $342
3,201 to 3,400 1.15 $2,982 $2,577 $405
3,401 to 3,600 1.18 $3,055 $2,577 $478
3,601 to 3,800 1.20 $3,108 $2,577 $531
3,801 to 4,000 1.22 $3,171 $2,577 $594
4,001 or More 1.24 $3,223 $2,577 $646
Components
Increase/
(Decrease)
Current
Base Fee
Dwelling Size
(square feet)
EDU
Factor
Maximum
Supportable Fee
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Figure 19. Maximum Supportable Wastewater Impact Fee Schedule – Other Residential
Cost
per Gallon
WW Treatment Plant Projects $3.04
WW Collection Projects $5.08
Gross Total $8.12
Credit for Existing Fund Balance (6.9%)($0.56)
Administrative Fee (5%) $0.38
Wastewater Gallons per EDU ‐ Treatmeant 134
Subtotal Capital Cost per EDU $398
Wastewater Gallons per EDU ‐ Collection 442
Subtotal Capital Cost per EDU $2,197
Grand Total Capital Cost per EDU $2,595
Residential ‐ Other Residential
Residential (per housing unit)
Under 600 0.40 $1,038 $1,336 ($298)
600 to 800 0.47 $1,220 $1,336 ($116)
801 to 1,000 0.57 $1,479 $1,336 $143
1,001 to 1,200 0.65 $1,687 $1,336 $351
1,201 to 1,400 0.72 $1,868 $1,336 $532
1,401 to 1,600 (avg.) 0.77 $1,998 $1,699 $299
1,601 to 1,800 0.82 $2,128 $1,794 $334
1,801 to 2,000 0.87 $2,258 $1,908 $350
2,001 to 2,200 0.91 $2,361 $2,043 $318
2,201 to 2,400 0.95 $2,465 $2,157 $308
2,401 to 2,600 0.98 $2,543 $2,272 $271
2,601 to 2,800 1.01 $2,621 $2,309 $312
2,801 to 3,000 1.04 $2,699 $2,425 $274
3,001 to 3,200 1.06 $2,751 $2,577 $174
3,201 to 3,400 1.09 $2,829 $2,577 $252
3,401 to 3,600 1.11 $2,880 $2,577 $303
3,601 to 3,800 1.13 $2,932 $2,577 $355
3,801 to 4,000 1.16 $3,010 $2,577 $433
4,001 or More 1.17 $3,036 $2,577 $459
Group Quarters (per person)
Group Quarters 0.46 $1,194 $858 $336
Components
Dwelling Size
(square feet)
EDU
Factor
Maximum
Supportable Fee
Current
Base Fee
Increase/
(Decrease)
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Figure 20. Maximum Supportable Wastewater Impact Fee Schedule – Nonresidential
Cost
per Gallon
WW Treatment Plant Projects $3.04
WW Collection Projects $5.08
Gross Total $8.12
Credit for Existing Fund Balance (6.9%)($0.56)
Administrative Fee (5%) $0.38
Wastewater Gallons per EDU ‐ Treatmeant 134
Subtotal Capital Cost per EDU $398
Wastewater Gallons per EDU ‐ Collection 442
Subtotal Capital Cost per EDU $2,197
Grand Total Capital Cost per EDU $2,595
Nonresidential
3/4 2.60 $6,749 $2,863 $3,886
14.33$11,236 $4,773 $6,463
1 1/2 8.67 $22,499 $9,547 $12,952
2 13.87 $35,993 $15,276 $20,717
3 26.01 $67,496 $28,644 $38,852
[1] Nonresidential demand from 3/4 inch accounts is 260 percent of
demand from residential EDU demand
Components
Increase/
(Decrease)
Meter Size
(inches)
EDU Factor
[1]
Maximum
Supportable Fee
Current
Base Fee
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Projected Wastewater Impact Fee Revenue
Revenue projections assume implementation of the maximum supportable wastewater impact fees and
that future development is consistent with the land use assumptions described in Appendix A: Land Use
Assumptions. To the extent the rate of development either accelerates or slows down, there will be a
corresponding change in the impact fee revenue. As shown in Figure 21, wastewater impact fee revenue
is expected to total approximately $31.6 million over the next 10 years, compared to the total wastewater
expansion cost of $69.9 million. The funding gap is the result of the credit for existing impact fee fund
balance. Additionally, some of the CIP projects are expanding network capacity for growth beyond ten
years. For example, the future WRF expansion projects have a capacity of 6.10 MGD while there is a
projected increase in wastewater demand of 1.63 MGD (Figure 10). In this case, development over the
next ten years will only be funding its proportionate share of the project.
Figure 21. Projected Wastewater Impact Fee Revenue
WW Treatment Projects $33,499,951 $26,744,417
WW Collection Projects $53,018,788 $43,191,248
Total Expenditures $86,518,739 $69,935,665
EDU
$2,595
Base 2023 34,791
1 2024 36,204
2 2025 37,616
3 2026 38,711
4 2027 39,805
5 2028 40,900
6 2029 41,994
7 2030 43,089
8 2031 44,380
9 2032 45,672
10 2033 46,964
Ten‐Year Increase 12,173
Projected Revenue $31,588,430
CIP Expenditures $69,935,665
Funding Gap $38,347,235
Year
Total Cost
Impact Fee
Funding
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APPENDIX A: LAND USE ASSUMPTIONS
The following sections detail base year and projected demographic assumptions. These assumptions are
used in the Wastewater impact fee calculations along with the tandem efforts in updating the Service
Area Reports for Fire/EMS, Transportation, and Water public facilities. In this case, there is data in the
following section that relates to the other efforts and not the Wastewater calculations (i.e., trip
generation rates and the Transportation Service Area Report).
Note: definitions for the Single‐Unit Dwelling and Other Residential housing types can be found Appendix
B: Land Use Definitions
Population and Housing Characteristics
Impact fees often use per capita standards and persons per housing unit or persons per household to
derive proportionate share fee amounts. Housing types have varying household sizes and, consequently,
a varying demand on City infrastructure and services. Thus, it is important to differentiate between
housing types and size.
When persons per housing unit (PPHU) is used in the development impact fee calculations, infrastructure
standards are derived using year‐round population. In contrast, when persons per household (PPHH) is
used in the development impact fee calculations, the fee methodology assumes all housing units will be
occupied, thus requiring seasonal or peak population to be used when deriving infrastructure standards.
The City of Bozeman and the surrounding area is home to a significant number of second/vacation homes
and hosts many visitors throughout the year. Thus, TischlerBise recommends that fees for residential
development in Bozeman be imposed according to the persons per household.
Figure 22 shows the US Census American Community Survey 2021 5‐Year Estimates data for the City of
Bozeman. Single‐unit dwellings have an average household size of 2.48 persons and other residential
dwellings have an average household size of 1.92 persons. Additionally, there is a housing mix of 59
percent single‐unit dwelling and 41 percent other residential.
The estimates in Figure 22 are for household size calculations. Base year population and housing units are
estimated with another, more recent data source.
Figure 22. Persons per Household
Building Permit History
In Figure 23, the past six years of building permit history is listed by housing type to understand the recent
growth trend in Bozeman. There has been a steady amount of single‐unit dwelling development over the
Housing Persons per Persons per Housing
Housing Type Persons Units Housing Unit Households Household Unit Mix
Single‐Unit Dwelling [1] 31,140 13,355 2.33 12,534 2.48 59%
Other Residential [2] 16,235 9,110 1.78 8,451 1.92 41%
Subtotal 47,375 22,465 2.11 20,985 2.26
[1] Includes attached and detached single family homes and mobile homes
[2] Includes all other types
Source: U.S. Census Bureau, 2021 American Community Survey 5‐Year Estimates
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past years in Bozeman, while other residential development has been the driving factor in the elevated
construction trend. Housing development peaked in 2021, which included the largest apartment complex
ever built in the city. Housing activity leveled slowed in 2022 (consistent with the national trend with
increasing interest rates) while construction had a noticeable increase in 2023.
Overall, there has been an average of 228 single‐unit dwellings and 766 other residential units constructed
annually.
Figure 23. Building Permit History by Housing Type
Base Year Housing Units and Population
Furthermore, the nature of the influx of seasonal population in Bozeman necessitates four types of
populations to be included in the impact fee study:
1) Permanent Residents
2) Seasonal Residents
3) On‐Campus Students
4) Overnight‐Visitors
Bozeman is a destination for vacationers, students, and seasonal residents and City facilities and services
have been sized to accommodate the additional demand. The peak population includes residents who
have second homes in the city, students living on‐campus at Montana State University, and the seasonal
labor influx during peak tourism months. The MSU students living off‐campus are captured in the
permanent housing population.
Bozeman permanent population is found by using the housing growth since the 2020 US Census. The 2020
decennial census estimated that there were 23,535 housing units and 49,298 household population in
Bozeman. Additionally, there were 663 single‐unit dwellings and 2,384 other residential units constructed
since the survey. Based on PPHU factor, there has been an increase of 5,788 residents since the census.
By combining the 2020 US Census household population and estimated new residents since the Census,
a 2023 permanent population of 55,086 residents is estimated.
Housing Type 2018 2019 2020 2021 2022 2023 Total Average
Single‐Unit Dwelling [1] 266 245 211 255 197 193 1,367 228
Other Residential [2] 593 546 734 1,128 522 1,075 4,598 766
Total 859 791 945 1,383 719 1,268 5,965 994
Source: City of Bozeman
[1] Includes attached and detached single family homes and mobile homes
[2] Includes all other types
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Figure 24. Permanent Population
Seasonal housing population estimates are found by applying the PPHH factors for each housing type to
base year housing estimates to the percentage of housing occupied for seasonal use. As a result, the
seasonal population estimate is 4,185 (Figure 25).
Figure 25. Seasonal Population
Shown in Figure 26, in a survey of hotel and motels in Bozeman, TischlerBise found 2,241 lodging rooms
in the city. Based on general peak seasonal lodging factors there are 4,258 overnight‐visitors assumed.
Figure 26. Bozeman Visitors
Lastly, based on a news briefing from Montana State University in September 2023 there were 5,200
students living on‐campus. The information above is summarized in Figure 27. Based on the four
population types, there is an estimated peak population of 68,729 residents along with 26,582 housing
units in Bozeman.
Bozeman, MT Housing Units [1] HH Population [2]
2020 Census 23,535 49,298
Housing Units 2020 Census Post Census 2023
Single‐Unit Dwelling 13,991 663 14,654
Other Residential 9,544 2,384 11,928
Total 23,535 3,047 26,582
PPHU
Single‐Unit Dwelling 663 2.33 1,545
Other Residential 2,384 1.78 4,244
Total 3,047 5,788
Household Population 49,298 5,788 55,086
[1] Source: US Census DP1 Table
Bozeman, MT
Units Built
Post Census
New Residents
Post Census
[2] Source: US Census DP1 Table. Household population excludes those in
group quarters. Group quarters is estimated with On‐Campus Students in
another figure.
Bozeman, MT 2020 Census
New Residents
Post Census 2023 Estimate
Housing Units PPHH
Single‐Unit Dwelling 14,654 7% 967 2.48 2,399
Other Residential 11,928 8% 930 1.92 1,786
Total 26,582 1,898 4,185
Seasonal
Residents
Seasonal
Units
% Seasonal
Units
2023
Housing Units
Total Lodging Rooms 2,241
Assumed Ave Occupancy 2
Assumed Occupancy Rate 95%
Total Overnight‐Visitors 4,258
Source: TischlerBise survey of lodging property
and general peak season lodging factors
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Figure 27. Base Year Housing and Population
Base Year
2023
Permanent Hsg Population [1] 55,086
Seasonal Hsg Population [2] 4,185
On‐Campus Students [3] 5,200
Overnight‐Visitors [4] 4,258
Total Peak Population 68,729
Housing Units [1]
Single‐Unit Dwelling 14,654
Other Residential 11,928
Total Housing Units 26,582
Bozeman, MT
[1] Calculated based on 2020 US Census estimate
plus housing development since
[2] Assuming seasonal housing is fully occupied
during peak season
[3] MSU News Service (September, 2023)
[4] TischlerBise survey of lodging property and
general peak season lodging factors
422
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 30 Housing Unit and Population Projections The ten‐year residential projections are listed in Figure 28. Housing development in Bozeman is assumed to continue at its current pace over the next ten years. Overall, over the next ten years, 2,280 new single‐unit dwellings and 7,660 other residential units are assumed to be constructed. As a result of the market supporting more non‐single‐unit dwelling development, by 2033 there will be more non‐single‐unit dwelling units than single‐unit dwellings in Bozeman. Population growth is based on housing development and PPHH factors. Over the next ten years, housing development will support 18,841 new permanent residents and 1,520 seasonal residents. It is assumed that visitors to Bozeman will grow at the same rate as the resident population. Lastly, MSU has built a new dormitory every five years and is currently exploring another expansion. Conservatively, a 1 percent annual growth is assumed for on‐campus students. Overall, the peak population is estimated to grow from 68,729 to 91,099, a 32.5 percent increase. Figure 28. Residential Development Projections Importantly, the impact fee methodology does not rely on the growth projections to determine the fee amount. Rather, the current level of service is used in the fee calculation. In this case, if the growth projections included in the report overestimate or underestimate the real development in Bozeman, the fee collection is still accurate. For example, if growth is slower than the 10‐year projection, less revenue will be collected, however, the City will provide less capital expansion to keep up with the level of service. Base YearCity of Bozeman, MT 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033Permanent Hsg Population [1] 55,086 56,970 58,855 60,739 62,623 64,507 66,391 68,275 70,159 72,043 73,92818,841Seasonal Hsg Population [1] 4,185 4,337 4,489 4,641 4,793 4,945 5,097 5,249 5,401 5,553 5,7051,520On‐Campus Students [2] 5,200 5,252 5,305 5,358 5,412 5,466 5,521 5,576 5,632 5,688 5,745545Overnight‐Visitors [3] 4,258 4,404 4,551 4,697 4,843 4,989 5,136 5,282 5,428 5,574 5,7211,463Total Peak Population 68,729 70,964 73,199 75,435 77,671 79,907 82,14584,382 86,621 88,859 91,09922,3693.3% 3.2% 3.1% 3.0% 2.9% 2.8% 2.7% 2.7% 2.6% 2.5%32.5%Housing Units [4]Single‐Unit Dwelling 14,654 14,882 15,110 15,338 15,566 15,794 16,022 16,250 16,478 16,706 16,9342,280Other Residential 11,928 12,694 13,460 14,226 14,992 15,758 16,524 17,290 18,056 18,822 19,5887,660Total Housing Units 26,582 27,576 28,570 29,564 30,558 31,552 32,546 33,540 34,534 35,528 36,5229,940[1] Permanent and seasonal population growth is based on housing development and PPHH factors[2] On‐campus residences are conservatively assumed to grow by 1 percent annually[3] Visitor population is estimate to grow at the same rate as permanent and seasonal population[4] Housing development is based on the recent building permit trends without the 2021 peak development yearTotalIncreasePercent Increase423
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Current Employment and Nonresidential Floor Area
The impact fee study will include nonresidential development as well. The base year employment
estimates are calculated from two sources. First, from the Montana Department of Labor & Industry there
is an estimated 34,569 total jobs in Bozeman. Second, from the U.S. Census Bureau OnTheMap web
application employment splits are found between retail, office, industrial, and institutional industries. As
a result, the institutional industries (which include education and healthcare) account for the highest
share while retail industries employee over 10,000 jobs as well.
Furthermore, the floor area for the four industry types is summarized in Figure 29. Retail, office, and
industrial square footage is available from the Montana Department of Revenue (DOR). However, since
public education and healthcare facilities are tax exempt the DOR does not gather floor space for such
development. Instead, TischlerBise applied the average employee density factors (square feet per
employee) for schools and hospitals to the estimated institutional job total to estimate floor area. As a
result, there are 22.4 million square feet of nonresidential development in Bozeman. The majority being
institutional and retail industries.
Figure 29. Base Year Nonresidential Floor Area
Employment and Nonresidential Floor Area Projections
The Bozeman Community Plan 2020 provides an in‐depth analysis of the local market and buildout
capacity of the city. Through 2045, the Community Plan projected a growth of 6.3 million square feet of
nonresidential development broken down by retail, office, industrial, and institutional industries. The ten‐
year growth projections from the impact fee studies relies on these projections along with employee
density factors from the Institution of Transportation Engineers’ (ITE). For the retail industry the Shopping
Center land use factors are used; for office the General Office factors are used; for industrial the Light
Industrial factors are used; for Institutional the Hospital factors are used.
Figure 30. Institute of Transportation Engineers (ITE) Employment Density Factors
Employment
Industries
Base Year
Jobs [1]
Percent
of Total
Floor Area
(sq. ft.) [2]
Percent
of Total
Retail 10,116 29% 7,855,849 35%
Office 7,798 23% 3,025,341 14%
Industrial 5,042 15% 3,204,452 14%
Institutional [3] 11,612 34% 8,278,652 37%
Total 34,569 100% 22,364,294 100%
[3] Source: Trip Generation, Institute of Transportation Engineers,
11th Edition (2021)
[1] Source: MT Employment Statistics ‐ LAUS
[2] Source: Montana Department of Revenue Database
Employment ITE Demand Emp Per Sq Ft
Industry Code Land Use Unit Dmd Unit Per Emp
Retail 820 Shopping Center 1,000 Sq Ft 2.12 471
Office 710 General Office 1,000 Sq Ft 3.26 307
Industrial 110 Light Industrial 1,000 Sq Ft 1.57 637
Institutional 610 Hospital 1,000 Sq Ft 2.86 350
Source: Trip Generation , Institute of Transportation Engineers, 11th Edition (2021)
424
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 32 Shown in Figure 31, Bozeman is anticipated to grow by 6,075 jobs (17.6 percent) over the next ten years. Institutional, office, and retail industries all have significant growth while industrial development is anticipated to taper off. Based on the employee density factors, the employment growth will generate 2,250,000 million square feet of nonresidential floor area (10 percent growth from the base year). Figure 31. Employment and Nonresidential Floor Area Projections Base Year2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033Jobs [1]Retail 10,116 10,222 10,329 10,435 10,541 10,647 10,753 10,859 10,966 11,072 11,1781,062Office 7,798 7,996 8,194 8,391 8,589 8,787 8,985 9,182 9,380 9,578 9,7761,978Industrial 5,042 5,070 5,098 5,126 5,154 5,182 5,210 5,238 5,266 5,295 5,323280Institutional 11,612 11,888 12,164 12,439 12,715 12,990 13,266 13,541 13,817 14,092 14,3682,755Total 34,569 35,176 35,784 36,391 36,999 37,606 38,214 38,821 39,429 40,036 40,6446,0751.8% 1.7% 1.7% 1.7% 1.6% 1.6% 1.6% 1.6% 1.5% 1.5%17.6%Nonresidential Floor Area (1,000 sq. ft.) [2]Retail 7,856 7,906 7,956 8,006 8,056 8,106 8,156 8,206 8,256 8,306 8,356500Office 3,025 3,086 3,147 3,207 3,268 3,329 3,390 3,450 3,511 3,572 3,632607Industrial 3,204 3,222 3,240 3,258 3,276 3,294 3,312 3,329 3,347 3,365 3,383179Institutional 8,279 8,375 8,472 8,568 8,664 8,761 8,857 8,954 9,050 9,1479,243964Total 22,364 22,589 22,814 23,039 23,264 23,489 23,714 23,939 24,164 24,389 24,6142,250[1] Source: Bozeman Community Plan (2020)[2] Source: Institute of Transportation Engineers, Trip Generation, 2021IndustryTotalIncreasePercent Increase425
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Vehicle Trip Generation
Residential Vehicle Trips by Housing Type
A customized trip rate is calculated for the single‐unit dwellings and other residential units in Bozeman.
In Figure 32, the most recent data from the US Census American Community Survey is input into equations
provided by the Institute of Transportation Engineers to calculate the trip ends per housing unit factor. A
single‐unit dwelling is estimated to generate 9.27 trip ends and other residential units are estimated to
generate 5.36 trip ends on an average weekday.
Figure 32. Customized Residential Trip End Rates by Housing Type
Owner‐Occupied 19,262 8,463 889 9,352 2.06
Renter‐Occupied 20,735 4,071 7,562 11,633 1.78
Total 39,997 12,534 8,451 20,985 1.91
13,355 9,110 22,465
Persons in Trip Vehicles by Trip Average National Trip
Households4 Ends5 Type of Unit Ends
6 Trip Ends Ends per Unit
7
Single‐Unit Dwelling 31,140 86,764 24,680 160,855 123,810 9.27 9.43
Other Residential 16,235 37,097 15,292 60,543 48,820 5.36 4.54
Total 47,375 123,861 39,972 221,398 172,630 7.68
7. Trip Generation, Institute of Transportation Engineers, 11th Edition (2021).
Local Trip
Ends per Unit
1. Vehicles available by tenure from Table B25046, 2020 American Community Survey 5‐Year Estimates.
3. Housing units from Table B25024, 2020 American Community Survey 5‐Year Estimates.
4. Total population in households from Table B25033, 2020 American Community Survey 5‐Year Estimates.
5. Vehicle trips ends based on persons using formulas from Trip Generation (ITE 2021). For single‐family housing
(ITE 210), the fitted curve equation is EXP(0.89*LN(persons)+1.72). To approximate the average population of the
ITE studies, persons were divided by 3 and the equation result multiplied by 3. For multi‐family housing (ITE 221),
the fitted curve equation is (2.29*persons)‐64.48 (ITE 2017).
6. Vehicle trip ends based on vehicles available using formulas from Trip Generation (ITE 2021). For single‐family
housing (ITE 210), the fitted curve equation is EXP(0.92*LN(vehicles)+2.68). To approximate the average number of
vehicles in the ITE studies, vehicles available were divided by 5 and the equation result multiplied by 5. For multi‐
family housing (ITE 221), the fitted curve equation is (4.77*vehicles)‐46.46 (ITE 2021).
2. Households by tenure and units in structure from Table B25032, 2020 American Community Survey 5‐Year
Estimates.
Vehicles per
HH by Tenure
Housing Units3
Housing Type
Households by Structure Type2
Tenure by Units
in Structure
Vehicles
Available1
Single
Family Multifamily Total
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Residential Vehicle Trips Adjustment Factors
A vehicle trip end is the out‐bound or in‐bound leg of a vehicle trip. As a result, so as to not double count
trips, a standard 50 percent adjustment is applied to trip ends to calculate a vehicle trip. For example, the
out‐bound trip from a person’s home to work is attributed to the housing unit and the trip from work back
home is attributed to the employer.
However, an additional adjustment is necessary to capture city residents’ work bound trips that are
outside of the city. The trip adjustment factor includes two components. According to the National
Household Travel Survey, home‐based work trips are typically 31 percent of out‐bound trips (which are
50 percent of all trip ends). Also, utilizing the most recent data from the Census Bureau's web application
"OnTheMap”, 40 percent of Bozeman workers travel outside the city for work. In combination, these
factors account for 6 percent of additional production trips (0.31 x 0.50 x 0.40 = 0.06). Shown in Figure 33,
the total adjustment factor for residential housing units includes attraction trips (50 percent of trip ends)
plus the journey‐to‐work commuting adjustment (6 percent of production trips) for a total of 56 percent.
Figure 33. Residential Trip Adjustment Factor for Commuters
Nonresidential Vehicle Trips
Vehicle trip generation for nonresidential land uses are calculated by using ITE’s average daily trip end
rates and adjustment factors found in their recently published 11th edition of Trip Generation. To estimate
the trip generation in Bozeman, the weekday trip end per 1,000 square feet factors listed in Figure 34 are
used. The prior service area report used the 10th Edition of the Trip Generation. The latest edition includes
travel surveys since the previous edition ensuring changes in travel behavior is being captured in the
update.
Figure 34. Institute of Transportation Engineers Nonresidential Factors
For nonresidential land uses, the standard 50 percent adjustment is applied to office, industrial, and
institutional development. A lower vehicle trip adjustment factor is used for retail development because
Employed Bozeman Residents (2020) 25,702
Residents Working in Bozeman (2020) 15,447
Residents Commuting Outside of Bozeman for Work 10,255
Percent Commuting Out of Bozeman 40%
Additional Production Trips 6%
Standard Trip Adjustment Factor 50%
Residential Trip Adjustment Factor 56%
Source: U.S. Census, OnTheMap Application, 2020
Trip Adjustment Factor for Commuters
Employment ITE Demand Wkdy Trip Ends Wkdy Trip Ends
Industry Code Land Use Unit Per Dmd Unit Per Employee
Retail 820 Shopping Center 1,000 Sq Ft 37.01 17.42
Office 710 General Office 1,000 Sq Ft 10.84 3.33
Industrial 110 Light Industrial 1,000 Sq Ft 4.87 3.10
Institutional 610 Hospital 1,000 Sq Ft 10.77 3.77
Source: Trip Generation, Institute of Transportation Engineers, 11th Edition (2021)
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this type of growth attracts vehicles as they pass‐by on arterial and collector roads. For example, when
someone stops at a convenience store on their way home from work, the convenience store is not their
primary destination.
In Figure 35, the Institute for Transportation Engineers’ land use code, daily vehicle trip end rate, and trip
adjustment factor is listed for each land use.
Figure 35. Daily Vehicle Trip Factors
Residential (per housing unit)
Single‐Unit Dwelling 210 9.27 56% 5.19
Other Residential 220 5.36 56% 3.00
Nonresidential (per 1,000 square feet)
Retail 820 37.01 38% 14.06
Office 710 10.84 50% 5.42
Industrial 110 4.87 50% 2.44
Institutional 610 10.77 50% 5.39
Land Use
ITE
Codes
Daily Vehicle
Trip Ends
Trip Adj.
Factor
Daily Vehicle
Trips
Source: Trip Generation, Institute of Transportation Engineers, 11th Edition
(2021); National Household Travel Survey, 2009
428
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 36 Vehicle Trip Projections The base year vehicle trip totals and vehicle trip projections are calculated by combining the vehicle trip end factors, the trip adjustment factors, and the residential and nonresidential assumptions for housing stock and floor area. Citywide, residential land uses account for 111,875 vehicle trips and nonresidential land uses account for 179,264 vehicle trips in the base year (Figure 36). Through 2033, it is projected that daily vehicle trips will increase by 50,788 trips with the majority of the growth being generated by residential development (69 percent). Figure 36. Vehicle Trip Projections Base Year2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033Residential TripsSingle‐Unit Dwelling 76,072 77,255 78,439 79,623 80,806 81,990 83,173 84,357 85,541 86,724 87,90811,836Other Residential 35,803 38,102 40,402 42,701 45,000 47,299 49,598 51,898 54,197 56,496 58,79522,992Subtotal 111,875 115,358 118,841 122,323 125,806 129,289 132,772 136,255 139,737 143,220 146,70334,828Nonresidential TripsRetail 110,483 111,186 111,889 112,593 113,296 113,999 114,702 115,405 116,109 116,812 117,5157,032Office 16,397 16,726 17,055 17,385 17,714 18,043 18,372 18,701 19,030 19,359 19,6883,291Industrial 7,803 7,846 7,890 7,933 7,977 8,020 8,064 8,107 8,151 8,194 8,238435Institutional 44,581 45,100 45,619 46,138 46,658 47,177 47,696 48,215 48,735 49,254 49,7735,193Subtotal 179,264 180,859 182,454 184,049 185,644 187,239 188,834 190,429 192,024 193,619 195,21415,950Vehicle TripsGrand Total 291,139 296,217 301,294 306,372 311,450 316,528 321,606 326,684 331,761 336,839 341,91750,778Source: Institute of Transportation Engineers, Trip Generation, 11th Edition (2021)TotalIncreaseDevelopment Type429
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Demand Indicators by Dwelling Size
Impact fees must be proportionate to the demand for infrastructure. Because averages per household,
for both persons and vehicle trip ends, have a strong, positive correlation to the square footage of the
dwelling unit, TischlerBise recommends residential fee schedules by the size of the unit (consistent with
the City of Bozeman’s current fee schedule).
Bozeman Control Totals
According to the U.S. Census Bureau, Bozeman single‐unit dwellings have an average household size of
2.48 persons and other residential units have an average household size of 1.92 persons.
Figure 37. Persons per Household
Trip generation rates are also dependent upon the average number of vehicles available per dwelling. Key
independent variables needed for the analysis (i.e., vehicles available, households, and persons) are
available from the U.S. Census Bureau American Community Survey (ACS), indicating an average of 1.90
vehicles per household in Bozeman.
Figure 38. Vehicles per Household
Demand Indicators by Dwelling Size
Custom tabulations of demographic data by bedroom range can be created from individual survey
responses provided by the U.S. Census Bureau in files known as Public Use Microdata Samples (PUMS).
PUMS files are only available for areas of at least 100,000 persons with Bozeman included in Public Use
Microdata Areas (PUMA) 400.
Housing Persons per Persons per Housing
Housing Type Persons Units Housing Unit Households Household Unit Mix
Single‐Unit Dwelling [1] 31,140 13,355 2.33 12,534 2.48 59%
Other Residential [2] 16,235 9,110 1.78 8,451 1.92 41%
Subtotal 47,375 22,465 2.11 20,985 2.26
[1] Includes attached and detached single family homes and mobi le homes
[2] Includes all other types
Source: U.S. Census Bureau, 2021 American Community Survey 5‐Year Estimates
Owner‐occupied 19,262 8,463 889 9,352 2.06
Renter‐occupied 20,735 4,071 7,562 11,633 1.78
Total 39,997 12,534 8,451 20,985 1.91
Single‐Unit Dwelling [1] 24,680 12,534 1.97
Other Residential [2] 15,292 8,451 1.81
Total 39,972 20,985 1.90
Source: U.S. Census Bureau, 2021 American Community Survey 5‐Year Estimates
Vehicles per
HH by Tenure
Housing Type Vehicles
Available
Housing
Units
Vehicles per
Housing Unit
Households
Tenure Vehicles
Available
Single
Family Multifamily Total
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Cells shaded yellow below are survey results for PUMA 400. Unadjusted persons per household (2.31),
derived from PUMS data for the PUMA listed above, are adjusted downward to match the control totals
for Bozeman (2.26), as shown above in Figure 37. Adjusted persons per household totals are shaded in
gray.
Figure 39. Persons by Bedroom Range
Persons by Dwelling Size
Average floor area and number of persons by bedroom range are plotted in Figure 40 with a logarithmic
trend line derived from 2021 square footage estimates provided by the U.S. Census Bureau (West Region).
Dwellings with two bedrooms or less average 1,032 square feet of floor area—based on multifamily
dwellings constructed in the West Census Region. Three‐bedroom dwellings average 2,118 square feet,
four‐bedroom dwellings average 2,932 square feet, and dwellings with five or more bedrooms average
4,269 square feet—based on single‐unit dwellings constructed in the West Census Region. Using the trend
line formula shown in the chart, TischlerBise derived the estimated average number of persons, by
dwelling size, using 19 size thresholds, expanding the low and high range of the fee schedule.
As shown in the upper‐right corner of the table below, the smallest floor area range (under 600 square
feet) has an estimated average of 1.06 persons per dwelling. The largest floor area range (4,001 square
feet or more) has an estimated average of 3.08 persons per dwelling.
0‐2 2,180 2,204 1,273 33% 1.71 1.68 1.73 1.46
3 3,508 3,443 1,471 38% 2.38 2.33 2.34 1.97
4 2,173 2,139 798 21% 2.72 2.67 2.68 2.25
5+ 1,070 958 327 8% 3.27 3.20 2.93 2.46
Total 8,931 8,744 3,869 100% 2.31 2.26 2.26 1.90
[1] American Community Survey, Public Use Microdata Sample for Montana PUMA 400 (2021 5‐Year unweighted data).
[2] Adjusted multipliers are scaled to make the average PUMS values match control totals for Bozeman based on 2021
American Community Survey 5‐Year Estimates.
Unadjusted
PPHH
Adjusted
PPHH2
Unadjusted
VPHH
Adjusted
VPHH2
Bedroom
Range Persons
1
Vehicles
Available1 Households1
Housing
Mix
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Figure 40. Persons by Dwelling Size
Person by Dwelling Size and Housing Type
The PPHH factors in Figure 40 represents an average over all housing types in Bozeman. An equivalent
dwelling unit (EDU) analysis is completed to calculate the PPHH by size for single‐unit dwellings and other
residential units.
Shown in Figure 41, one single‐unit EDU is set to the average sized single‐unit dwelling in Bozeman (2,201
to 2,400 square feet). The EDU factor for the other size thresholds is found by comparing the PPHH factors,
for example, a single‐unit dwelling from 1,801 to 2,000 square feet is 0.92 EDUs (2.28 PPHH / 2.48 PPHH
= 0.92 EDUs).
Bedrooms Square Feet Persons Sq Ft Range Persons
0‐2 1,032 1.68 Under 600 1.06
3 2,118 2.33 600 to 800 1.23
4 2,932 2.67 801 to 1,000 1.49
5+ 4,269 3.20 1,001 to 1,200 1.70
1,201 to 1,400 1.88
1,401 to 1,600 2.03
1,601 to 1,800 2.16
1,801 to 2,000 2.28
2,001 to 2,200 2.38
2,201 to 2,400 2.48
2,401 to 2,600 2.56
2,601 to 2,800 2.64
2,801 to 3,000 2.72
3,001 to 3,200 2.79
3,201 to 3,400 2.85
3,401 to 3,600 2.92
3,601 to 3,800 2.97
3,801 to 4,000 3.03
4,001 or More 3.08
Actual Averages per Hsg Unit Fitted‐Curve Values
y = 1.0498ln(x) ‐ 5.6504
R² = 0.9878
0.00
0.50
1.00
1.50
2.00
2.50
3.00
3.50
0 1,000 2,000 3,000 4,000 5,000Person per HouseholdSquare Feet of Living Area
Persons per Household by
Square Feet of Dwelling
Average persons per household derived from
2021ACS PUMS data for the area that
includes Bozeman. Unit size for 0‐2 bedroom
is from the 2021 U.S. Census Bureau average
for all multifamily units constructed in the
Census West region. Unit size for all other
bedrooms is from the 2021 U.S. Census
Bureau average for single‐unit dwellings
constructed in the Census Mountain division.
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The EDU factors for the size threshold is then combined with the average PPHH for single‐unit dwelling.
For example, found with US Census ACS 2021 data (Figure 22) the average single‐unit dwelling home in
Bozeman is 2.48 persons, thus a single‐unit home from 1,801 to 2,000 square feet is 2.28 persons (0.92
EDUs x 2.48 persons = 2.28 persons per household).
Figure 41. Single‐Unit Dwelling PPHH by Size
Shown in Figure 42, one Other Residential EDU is set to the average sized Other Residential dwelling in
Bozeman (1,401 to 1,600 square feet). The EDU factor for the other size thresholds is found by comparing
the PPHH factors, for example, a unit from 1,001 to 1,200 square feet is 0.84 EDUs (1.70 PPHH / 2.03 PPHH
= 0.84 EDUs).
The EDU factors for the size threshold is then combined with the average PPHH for other residential
dwellings. For example, found with US Census ACS 2021 data (Figure 22) the average other residential
dwelling home in Bozeman is 1.92 persons, thus a single‐unit home from 1,001 to 1,200 square feet is
1.61 persons (0.84 EDUs x 1.92 persons = 1.61 persons per household).
Single‐Unit Dwelling including Townhomes
Single‐Unit
EDU Factor PPHH
Under 600 1.060.431.06
600 to 800 1.23 0.50 1.23
801 to 1,000 1.49 0.60 1.49
1,001 to 1,200 1.70 0.69 1.70
1,201 to 1,400 1.88 0.76 1.88
1,401 to 1,600 2.03 0.82 2.03
1,601 to 1,800 2.16 0.87 2.16
1,801 to 2,000 2.28 0.92 2.28
2,001 to 2,200 2.38 0.96 2.38
2,201 to 2,400 (avg. single) 2.48 1.00 2.48
2,401 to 2,600 2.56 1.03 2.56
2,601 to 2,800 2.64 1.06 2.64
2,801 to 3,000 2.72 1.10 2.72
3,001 to 3,200 2.79 1.13 2.79
3,201 to 3,400 2.85 1.15 2.85
3,401 to 3,600 2.92 1.18 2.92
3,601 to 3,800 2.97 1.20 2.97
3,801 to 4,000 3.03 1.22 3.03
4,001 or More 3.08 1.24 3.08
Average 2.48
Dwelling Size
(squre feet)
Overall
PPHH
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Figure 42. Other Residential PPHH by Size
Other Residential
Other Res.
EDU Factor PPHH
Under 600 1.060.521.00
600 to 800 1.23 0.61 1.16
801 to 1,000 1.49 0.73 1.41
1,001 to 1,200 1.70 0.84 1.61
1,201 to 1,400 1.88 0.93 1.78
1,401 to 1,600 (avg. other) 2.03 1.00 1.92
1,601 to 1,800 2.16 1.06 2.04
1,801 to 2,000 2.28 1.12 2.16
2,001 to 2,200 2.38 1.17 2.25
2,201 to 2,400 2.48 1.22 2.35
2,401 to 2,600 2.56 1.26 2.42
2,601 to 2,800 2.64 1.30 2.50
2,801 to 3,000 2.72 1.34 2.57
3,001 to 3,200 2.79 1.37 2.64
3,201 to 3,400 2.85 1.40 2.70
3,401 to 3,600 2.92 1.44 2.76
3,601 to 3,800 2.97 1.46 2.81
3,801 to 4,000 3.03 1.49 2.87
4,001 or More 3.08 1.52 2.91
Average 1.92
Overall
PPHH
Dwelling Size
(squre feet)
434
Wastewater Service Area Report and Impact Fee Study Bozeman, Montana 42 Trip Generation by Dwelling Size Rather than rely on one methodology, the recommended trip generation rates shown at the bottom of Figure 43, shaded gray, are an average of trip rates based on persons and vehicles available for all types of housing units. In Bozeman, the average household is expected to yield 8.86 average weekday vehicle trip ends (AWVTE), compared to the national weighted average of 7.45 trip ends per household. Figure 43. Average Weekday Vehicle Trip Ends by Bedroom Range 0‐2 2,180 2,204 1,273 33% 1.711.681.731.463 3,508 3,443 1,471 38% 2.382.332.341.974 2,173 2,139 798 21% 2.722.672.682.255+ 1,070 958 327 8% 3.273.202.932.46Total 8,931 8,744 3,869 100% 2.312.262.261.90National Averages According to ITE210 SFD 2.65 6.36 9.43 59% 3.56 1.48221 Apt 3.31 5.10 4.54 41% 1.37 0.89Weighted Avg 2.92 5.85 7.45 100% 2.67 1.24Recommended AWVTE per Household0‐2 4.91 8.546.733 6.80 11.529.164 7.80 13.1610.485+ 9.34 14.3911.87Average 6.60 11.128.86210 SFD 6.80 11.529.162.33 1.97220 Apt 5.20 10.597.901.78 1.81All Types 6.16 11.128.642.11 1.90UnadjustedVPHHBedroom RangeAWVTE perHH Basedon Persons3AWVTE perHH Basedon Vehicles4AWVTE per Household5ITE CodeAWVTEper PersonAWVTEper VehicleAWVTEper HHUnadjustedPPHHUnadjustedPPHHAdjustedPPHH2UnadjustedVPHHAdjustedVPHH2ITE CodeAWVTEper PersonAWVTEper VehicleAWVTEper HHHousingMixPersons perHouseholdVehicles perHouseholdBedroom Range Persons1VehiclesAvailable1Households1HousingMix1. American Community Survey, Public Use MicrodataSample for Montana PUMA 400 (2021 5‐Year unweighteddata).2. Adjusted multipliers are scaled to make the average PUMSvalues match control totals for Bozeman based on 2021American CommunitySurvey 5‐Year Estimates.3. Adjusted persons per household multiplied by nationalweighted average trip rateper person.4. Adjusted vehicles available per household multiplied bynationalweightedaveragetriprateper vehicle.5.Averagetripratesbasedonpersonsandvehiclesperhousehold.435
Wastewater Service Area Report and Impact Fee Study
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43
Vehicle Trip Ends by Dwelling Size
To derive AWVTE by dwelling size, TischlerBise matched trip generation rates and average floor area, by
bedroom range, as shown in Figure 44, with a logarithmic trend line derived from 2021 square footage
estimates provided by the U.S. Census Bureau (West Region). Using the trend line formula shown in the
chart, TischlerBise derived the estimated average weekday vehicle trip ends, by dwelling size, using 19
size thresholds, expanding the low and high range of the fee schedule.
As shown in the upper‐right corner of the table below, the smallest floor area range (under 600 square
feet) generates an estimated average of 4.70 trip ends per dwelling. The largest floor area range (4,001
square feet or more) generates an estimated average of 11.68 trip ends per dwelling.
Figure 44. Vehicle Trip Ends by Dwelling Size
Bedrooms Square Feet Trip Ends Sq Ft Range Trip Ends
0‐2 1,032 6.73 Under 600 4.70
3 2,118 9.16 600 to 800 5.27
4 2,932 10.48 801 to 1,000 6.18
5+ 4,269 11.87 1,001 to 1,200 6.91
1,201 to 1,400 7.51
1,401 to 1,600 8.03
1,601 to 1,800 8.49
1,801 to 2,000 8.89
2,001 to 2,200 9.25
2,201 to 2,400 9.58
2,401 to 2,600 9.88
2,601 to 2,800 10.16
2,801 to 3,000 10.42
3,001 to 3,200 10.66
3,201 to 3,400 10.89
3,401 to 3,600 11.10
3,601 to 3,800 11.30
3,801 to 4,000 11.50
4,001 or More 11.68
Actual Averages per Hsg Unit Fitted‐Curve Values
y = 3.6254ln(x) ‐ 18.482
R² = 0.9986
0.00
2.00
4.00
6.00
8.00
10.00
12.00
14.00
0 1,000 2,000 3,000 4,000 5,000Trip Ends per HouseholdSquare Feet of Living Area
Vehicle Trips by
Square Feet of Dwelling
Vehicle trips by dwelling size are derived
from 2021 ACS PUMS data for the area that
includes Bozeman. Unit size for 0‐2 bedroom
is from the 2021 U.S. Census Bureau average
for all multifamily units constructed in the
Census West region. Unit size for all other
bedrooms is from the 2021 U.S. Census
Bureau average for single‐unitdwellings
constructed in the Census Mountain division.
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Vehicle Trip Ends by Dwelling Size and Housing Type
The vehicle trip end factors in Figure 44 represents an average over all housing types in Bozeman. An
equivalent dwelling unit (EDU) analysis is completed to calculate the trip ends by size for single‐unit
dwellings and other residential units. Shown in Figure 45, one single‐unit EDU is set to the average sized
single‐unit dwelling in Bozeman (2,201‐2,400 square feet). The EDU factor for the other size thresholds is
found by comparing the trip factors, for example, homes from 1,801 to 2,000 square feet are 0.93 EDUs
(8.89 trip ends / 9.58 trip ends = 0.93 EDUs).
The EDU factors for the size threshold is then combined with the average trip end factor for single‐unit
dwellings to find the trip ends by size. For example, found with US Census ACS 2021 data (Figure 32) the
average single‐unit dwelling in Bozeman generates 9.27 trip ends, thus a single‐unit dwelling from 1,801
to 2,000 square feet has a trip end factor of 8.60 (0.93 EDUs x 9.27 trip ends = 8.60 trip ends per
household).
Figure 45. Single‐Unit Dwelling Trip Ends by Size
Shown in Figure 46, one Other Residential EDU is set to the average sized Other Residential dwelling in
Bozeman (1,401 to 1,600 square feet). The EDU factor for the other size thresholds is found by comparing
the trip factors, for example, homes from 1,001 to 1,200 square feet are 0.86 EDUs (6.91 trip ends / 8.03
trip ends = 0.86 EDUs).
The EDU factors for the size threshold is then combined with the average trip end factor for other
residential dwellings to find the trip ends by size. For example, found with US Census ACS 2021 data
(Figure 32) the average other residential dwelling in Bozeman generates 5.36 trip ends, thus an other
Single‐Unit Dwelling including Townhomes
Single‐Unit
EDU Factor Trip Ends
Under 600 4.700.494.55
600 to 800 5.27 0.55 5.10
801 to 1,000 6.18 0.65 5.98
1,001 to 1,200 6.91 0.72 6.69
1,201 to 1,400 7.51 0.78 7.27
1,401 to 1,600 8.03 0.84 7.77
1,601 to 1,800 8.49 0.89 8.22
1,801 to 2,000 8.89 0.93 8.60
2,001 to 2,200 9.25 0.97 8.95
2,201 to 2,400 (avg. single) 9.58 1.00 9.27
2,401 to 2,600 9.88 1.03 9.56
2,601 to 2,800 10.16 1.06 9.83
2,801 to 3,000 10.42 1.09 10.08
3,001 to 3,200 10.66 1.11 10.32
3,201 to 3,400 10.89 1.14 10.54
3,401 to 3,600 11.10 1.16 10.74
3,601 to 3,800 11.30 1.18 10.93
3,801 to 4,000 11.50 1.20 11.13
4,001 or More 11.68 1.22 11.30
Average 9.27
Dwelling Size
(squre feet)
Overall
Trip Ends
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45
residential dwelling from 1,001 to 1,200 square feet has a trip end factor of 4.61 (0.86 EDUs x 5.36 trip
ends = 4.61 trip ends per household).
Figure 46. Other Residential Trip Ends by Size
Other Residential
Other Res.
EDU Factor Trip Ends
Under 600 4.700.593.14
600 to 800 5.27 0.66 3.52
801 to 1,000 6.18 0.77 4.13
1,001 to 1,200 6.91 0.86 4.61
1,201 to 1,400 7.51 0.94 5.01
1,401 to 1,600 (avg. other) 8.03 1.00 5.36
1,601 to 1,800 8.49 1.06 5.67
1,801 to 2,000 8.89 1.11 5.93
2,001 to 2,200 9.25 1.15 6.17
2,201 to 2,400 9.58 1.19 6.39
2,401 to 2,600 9.88 1.23 6.59
2,601 to 2,800 10.16 1.27 6.78
2,801 to 3,000 10.42 1.30 6.96
3,001 to 3,200 10.66 1.33 7.12
3,201 to 3,400 10.89 1.36 7.27
3,401 to 3,600 11.10 1.38 7.41
3,601 to 3,800 11.30 1.41 7.54
3,801 to 4,000 11.50 1.43 7.68
4,001 or More 11.68 1.45 7.80
Average 5.36
Overall
Trip Ends
Dwelling Size
(squre feet)
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46
APPENDIX B: LAND USE DEFINITIONS
Residential Development
Single‐Unit Dwelling:
1. Single‐family detached is a one‐unit structure detached from any other house, that is, with open
space on all four sides. Such structures are considered detached even if they have an adjoining shed
or garage. A one‐family house that contains a business is considered detached as long as the building
has open space on all four sides.
2. Single‐family attached (townhouse) is a one‐unit structure that has one or more walls extending
from ground to roof separating it from adjoining structures. In row houses (sometimes called
townhouses), double houses, or houses attached to nonresidential structures, each house is a
separate, attached structure if the dividing or common wall goes from ground to roof.
3. Mobile home includes both occupied and vacant mobile homes, to which no permanent rooms have
been added, are counted in this category. Mobile homes used only for business purposes or for
extra sleeping space and mobile homes for sale on a dealer's lot, at the factory, or in storage are
not counted in the housing inventory.
Other Residential:
1. 2+ units (duplexes and apartments) are units in structures containing two or more housing units,
further categorized as units in structures with “2, 3 or 4, 5 to 9, 10 to 19, 20 to 49, and 50 or more
apartments.”
2. Boat, RV, Van, etc. includes any living quarters occupied as a housing unit that does not fit the other
categories (e.g., houseboats, railroad cars, campers, and vans). Recreational vehicles, boats, vans,
railroad cars, and the like are included only if they are occupied as a current place of residence. Such
living quarters are only allowed under Bozeman zoning under unusual temporary conditions.
Nonresidential Development
Nonresidential development categories represent general groups of land uses that share similar average
weekday vehicle trip generation rates and employment densities (i.e., jobs per 1,000 square feet).
Retail: Establishments primarily selling merchandise, eating/drinking places, and entertainment uses. By
way of example, Retail includes shopping centers, supermarkets, pharmacies, restaurants, bars,
nightclubs, automobile dealerships, and movie theaters.
Industrial: Establishments primarily engaged in the production, transportation, or storage of goods. By
way of example, Industrial includes manufacturing plants, distribution warehouses, trucking companies,
utility substations, power generation facilities, and telecommunications buildings.
Office: Establishments providing management, administrative, professional, or business services. By way
of example, Office can include business offices, office parks, and corporate headquarters.
Institutional: Establishments providing education and healthcare services. By way of example,
Institutional includes universities, nursing homes, daycare facilities, and hospitals.
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Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Review and Decision for the 2025 Impact Fee Service Area Report for Water
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Consider the Motion: Having reviewed and considered the staff
presentation, recommendation from the Community Development Board,
draft service area report, public comment, and all information presented, I
hereby find the 2025 service area report for Water impact fees meets all
requirements and accept the report as the basis for water impact fees.
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:The City of Bozeman first adopted impact fees in 1996 and has used them
continuously ever since. The State of Montana authorizes local government
impact fees through Title 7, Chapter 6, Part 16, Montana Code Annotated
(MCA) [External Link]. An impact fee is defined as:
(5) (a) "Impact fee" means any charge imposed upon development by a
governmental entity as part of the development approval process to fund
the additional service capacity required by the development from which it is
collected. An impact fee may include a fee for the administration of the
impact fee not to exceed 5% of the total impact fee collected.
(b) The term does not include:
(i) a charge or fee to pay for administration, plan review, or inspection
costs associated with a permit required for development;
(ii) a connection charge;
(iii) any other fee authorized by law, including but not limited to user
fees, special improvement district assessments, fees authorized under Title 7
for county, municipal, and consolidated government sewer and water
districts and systems, and costs of ongoing maintenance; or
(iv) onsite or offsite improvements necessary for new development to
meet the safety, level of service, and other minimum development
standards that have been adopted by the governmental entity.
In MCA 7-6-1601, Definitions, impact fees are authorized for specifically
listed types of facilities including:
440
(7) "Public facilities" means:
(b) a wastewater collection, treatment, or disposal facility;
The City uses impact fees to advance the following purposes:
Infrastructure concurrency of service increase with demand from new
development
Equity in funding capital expansion of certain services
Public safety
Remove barriers from development
Implement growth policy and facility plans by increasing capacity to
serve new development
Cost efficiency from coordinated projects
The Community Development Board has been assigned by the City
Commission the duties of the Impact Fee Advisory Committee [External Link]
to review calculation of fees. An element of this duty is to review and
recommend on the service area report (SAR).
A key part of the state authorization for impact fees is preparation of a
service area report for each fee type. The SAR consolidates key information
relating to the future needs for infrastructure, expected means to provide
the infrastructure, and the process by which the cost of additional services
are assigned to units of new development. A copy of 7-16-1602 MCA that
sets required documentation for an impact fee is attached to this agenda
item. In addition to the details of the SAR, the City also provides required
documentation through its Water Facilities Plan [External Link] and annual
capital improvement program and budgets [External link].
The City updates the SAR at least every four years to help ensure the fees are
accurate, reflect current construction costs and service needs, and remain
roughly proportionate and logically connected to the development that pays
the fees. Annual inflation adjustments are applied on January 1st of each
year and do not require an update to the SAR. The City hired TischlerBise, a
nationally prominent specialist in impact fees, to support the City in
updating the impact fee SAR.
Staff has reviewed the draft SAR prepared by TischlerBise on behalf of the
City and finds that the document meets the requirements of state law for a
SAR. The SAR is in writing, the document has been provided to the public for
review through the Engage Bozeman website [External Link] as well as the
agenda for the Community Development Board meeting and will be in the
City Commission agenda. The City has an annual process to update a capital
improvement program to schedule construction of public facility capital
improvements. As shown in the SAR, actual costs of construction and
reasonable estimate of costs have been used, forecast for future needs are
provided, necessary facilities to serve future growth are identified, and the
appropriateness of a single service area is established. No maintenance or
operational costs are included in the calculated fee. All other necessary
441
elements are also provided.
The City published formal notice in the Bozeman Daily Chronicle on
2/01/2025, 2/15/2025, 3/01/2025 and 3/15/2025 of the public hearings
before the Community Development Board and City Commission. A news
item was included on the City's website, the Engage Bozeman impact fee
update project website was established, several publicly available work
sessions and training sessions regarding impact fees have been held during
the project, and direct notification to interest groups occurred at the
beginning of the project.
The action through this agenda item is specific to the Water impact fee. The
City also implements Fire/EMS, Transportation, and Wastewater fees.
Updated SARs for Fire/EMS and Transportation were approved and adopted
by the Commission in 2024.
The City has adopted various fiscal policies to guide how revenues and
expenditures are made. These are included in the City’s adopted budget
[external link], see page 175. An example of relevant policy is:
5. User fees and charges will be used, as opposed to general
taxes, when distinct beneficiary populations or interest groups
can be identified.
User fees and charges are preferable to general taxes because
user charges can provide clear demand signals which assist in
determining what services to offer, their quantity, and their
quality. User charges are also more equitable, since only those
who use the service must pay--thereby eliminating the subsidy
provided by nonusers to users, which is inherent in general tax
financing.
Consistent with this policy the City uses impact fees to fund capital
improvements to expand service capacity necessary to serve new
development. Also consistent with this policy, impact fees are set only to the
amount demonstrated as necessary in the SAR to offset the costs due from
new construction. Impact fee revenue can be used to pay bonds for capital
improvements that otherwise qualify as an impact fee expenditure. All
expenses for operations such as personnel and supplies, maintenance, and
capital replacement must come from other user fees, assessments, and taxes
as authorized by law.
Most elements of the 2025 Water SAR are very similar to previous SAR
although updated data has been used in the forecasts and other calculations.
The data requirements established by state law ensure substantial
consistency from one SAR to its successor. The two primary changes are to
expand the range of home sizes for which fees are calculated and to account
for recently adopted water conservation standards for landscaping that
442
reduce expected water demand for new construction.
As better data has become available and as a greater range of home sizes is
being constructed in the community it's appropriate to consider if an
improved fit between construction, expected service demand, and fees
charged can be established. It is also necessary to keep the range realistic
and reasonably descriptive of expected demand. For example, although
there is a demonstrated correlation between home size and occupancy the
occupancy of a home can never go below 1 person regardless of its size. The
expanded range more clearly ties a fee to the lower dwelling occupancy
expected in smaller units. Service demand is strongly influenced by
occupancy therefore this enables a lower fee to be charged for smaller
homes. Bozeman has seen a substantial increase in smaller sized homes,
especially in the apartment type configuration, over the past few years.
The new SAR includes nine additional size bands to improve fit between fee
and demand. A review of building permit sizing for single homes and
townhomes over the past 24 months shows that 21% of the homes would
have been included in the new size ranges. Staff concludes that this is
enough improvement to support using the increased range of sizes. This also
supports consistency between fee types as the previously adopted Fire/EMS
SAR and Transportation SAR use the expanded size range. Only 4 homes
were in the largest of the new upper range categories. Staff concludes that
this small number indicates that it is unnecessary to add further to the upper
range at this time. Size ranges can be reevaluated with the next SAR. The
expanded range has been carried forward with this SAR. Staff recommends
adoption of the range proposed in the SAR to maintain consistency with the
recently adopted Fire/EMS and Transportation SAR and maintain a best
practical fit between construction and fee characteristics.
For context, a simple memo with information from other communities using
impact fees in MT is attached. Each community is distinct and cost of service
is not comparable from one community to another. Several community's
fees have not been updated recently and therefore do not reflect recent cost
escalation. Since the question of what other communities are doing comes
up every time the SAR are updated staff provides this information for
reference.
Impact fees are only one component of a complete water funding system.
Operations and maintenance activities cannot be funded with impact fees
and no such projects are included in the service area report. Operation and
maintenance are funded by the monthly service charges from the water
utility. Water rights for new development are addressed through the city's
water adequacy provisions in 38.410.130 BMC and are not included as part
of the water impact fee.
The Community Development Board, in their role as the impact fee advisory
committee required by state law, conducted a public hearing on February
443
24, 2025. A recording of the meeting [External link] is available. Discussion of
the Water impact fee SAR began at 54 minutes into the recording. No public
comment was received prior to or at the hearing. The Board reviewed the
SAR, considered the purpose and function of the fee, sizing of residential
water services, how residential fees were divided by dwelling size, and
potential alternative methodologies for determining a fee. After
consideration of these issues the Board found the SAR met state
requirements and recommended the Commission accept the SAR on a vote
of 7-0.
After recommendation by the Community Development Board, staff and
TischlerBise identified a need to revise figure 5 on page 12. The reduced
water demand expectation for irrigation was not correctly carried through in
a calculation. The correction makes a difference of 33 gallons per day for an
equivalent dwelling unit. The reduction in irrigation demand is now correctly
shown as 153 gallons per day for irrigation water uses, which is 120 gallons
per day less than expected demand before the City Commission adopted
Ordinance 2155 in May 2024. The reduced consumption of water for
irrigation is a primary reason why the water impact fee for housing shows a
reduction in cost per EDU. By reducing peak demand the lower amount of
water for irrigation is particularly effective in reducing need for capital
improvements for storage, transmission, and filtration.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Accept the service area report;
2. Accept with modifications the draft service area report;
3. Reject the draft service area report; or
4. Open and continue the public hearing on the service area report, with
specific request to staff to supply additional information or to address
specific items.
FISCAL EFFECTS:The service area report does not expend funds. It does update the costs per
unit of new development to ensure fees meet all legal requirements.
Subsequent adoption of the SAR by the City Commission will enable
continued operation of the impact fee program to offset capital costs from
new construction for wastewater collection and treatment functions.
Attachments:
Bozeman, MT Impact Fee Report_Water_3.5.25.pdf
7-6-1602. Calculation of impact fees -- documentation
required -- ordinance or resolution -- requirements for
impact fees, MCA.pdf
Other Communities Memo 9-5-2024.pdf
Report compiled on: March 10, 2025
444
Water
Service Area Report and
Impact Fee Study
Prepared for:
Bozeman, Montana
March 5, 2025
4701 Sangamore Road
Suite S240
Bethesda, MD
(301) 320-6900
www.TischlerBise.com
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Water Service Area Report and Impact Fee Study
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[PAGE INTENTIONALLY LEFT BLANK]
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i
Table of Contents
Executive Summary ............................................................................................................... 3
Montana Impact Fee Enabling Legislation ........................................................................... 3
Public Facilities ...................................................................................................................................... 3
Service Area Report .............................................................................................................................. 4
Legal Framework ................................................................................................................ 4
Methodology ..................................................................................................................... 6
Conceptual Impact Fee Calculation ...................................................................................................... 7
Evaluation of Credits ............................................................................................................................. 7
Maximum Supportable Water Impact Fees ......................................................................... 8
Water Service Area Report .................................................................................................. 11
Service Area ........................................................................................................................................ 11
Cost Allocation .................................................................................................................................... 11
Service Demand Units ......................................................................................................................... 11
Existing and Projected Growth in Service Area ................................................................................... 14
Water Capital Improvement Plan ..................................................................................... 15
Cost Analysis of Water Projects ........................................................................................ 16
Water Supply Cost Analysis ................................................................................................................. 16
Water Storage Cost Analysis ............................................................................................................... 17
Water Treatment Cost Analysis .......................................................................................................... 17
Water Distribution Cost Analysis ........................................................................................................ 18
Credit for Other Revenues Sources ................................................................................... 20
Water Department Personnel and Operations .................................................................. 20
Maximum Supportable Water Impact Fees ....................................................................... 21
Projected Water Impact Fee Revenue ............................................................................... 25
Appendix A: Land Use Assumptions ..................................................................................... 26
Population and Housing Characteristics ............................................................................ 26
Building Permit History .................................................................................................... 26
Base Year Housing Units and Population .......................................................................... 27
Housing Unit and Population Projections .......................................................................... 30
Current Employment and Nonresidential Floor Area ......................................................... 31
Employment and Nonresidential Floor Area Projections ................................................... 31
Vehicle Trip Generation ................................................................................................... 33
Residential Vehicle Trips by Housing Type.......................................................................................... 33
Residential Vehicle Trips Adjustment Factors..................................................................................... 34
Nonresidential Vehicle Trips ............................................................................................................... 34
Vehicle Trip Projections .................................................................................................... 36
Demand Indicators by Dwelling Size ................................................................................. 37
Bozeman Control Totals ...................................................................................................................... 37
Demand Indicators by Dwelling Size ................................................................................................... 37
Persons by Dwelling Size ..................................................................................................................... 38
Person by Dwelling Size and Housing Type ......................................................................................... 39
Trip Generation by Dwelling Size ........................................................................................................ 42
Vehicle Trip Ends by Dwelling Size ...................................................................................................... 43
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ii
Vehicle Trip Ends by Dwelling Size and Housing Type ........................................................................ 44
Appendix B: Land Use Definitions ........................................................................................ 46
Residential Development .................................................................................................................... 46
Nonresidential Development .............................................................................................................. 46
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3
EXECUTIVE SUMMARY
The City of Bozeman, Montana, contracted with TischlerBise to document land use assumptions, prepare
the Service Area Report, and update impact fees within the applicable service areas pursuant to Montana
Code 7-6-16 (hereafter referred to as the “Enabling Legislation”). Governmental entities in Montana may
assess impact fees to offset infrastructure costs to the governmental entity for public facilities needed to
serve future development. For each public facility for which an impact fee is imposed, the governmental
entity shall prepare and approve a service area report. The impact fees must (1) be reasonably related to
and reasonably attributable to the development's share of the cost of infrastructure improvements made
necessary by the new development and (2) may not exceed a proportionate share of the costs incurred
or to be incurred by the governmental entity in accommodating the development.
Impact fees are one-time payments used to construct system improvements needed to accommodate
future development, and the fee represents future development’s proportionate share of infrastructure
costs. Impact fees may be used for infrastructure improvements or debt service for growth-related
infrastructure. In contrast to general taxes, impact fees may not be used for operations, maintenance,
replacement, or correcting existing deficiencies.
This Service Area Report and associated update to its impact fees are for Bozeman water infrastructure.
In a tandem effort, TischlerBise is also updating the Service Area Reports for fire/EMS, transportation, and
wastewater public facilities.
Montana Impact Fee Enabling Legislation
The Enabling Legislation governs how impact fees are calculated for governmental entities in Montana.
Public Facilities
Under the requirements of the Enabling Legislation, impact fees may only be used for construction,
acquisition, or expansion of public facilities made necessary by new development. “Public Facilities”
means any of the following categories of capital improvements with a useful life of 10 years or more that
increase or improve the service capacity of a public facility (§7-6-1601(7)):
1. a water supply production, treatment, storage, or distribution facility;
2. a wastewater collection, treatment, or disposal facility;
3. a transportation facility, including roads, streets, bridges, rights-of-way, traffic signals, and
landscaping;
4. a storm water collection, retention, detention, treatment, or disposal facility or a flood control
facility;
5. a police, emergency medical rescue, or fire protection facility; and
6. other facilities for which documentation is prepared as provided in 7-6-1602 that have been
approved as part of an impact fee ordinance or resolution by:
a two-thirds majority of the governing body of an incorporated city, town, or
consolidated local government; or
a unanimous vote of the board of county commissioners of a county government.
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4
Also, §7-6-1601(5a) states that "impact fee" means ‘any charge imposed upon development by a
governmental entity as part of the development approval process to fund the additional service capacity
required by the development from which it is collected. An impact fee may include a fee for the
administration of the impact fee not to exceed 5 percent of the total impact fee collected.’
Service Area Report
For each public facility for which an impact fee is imposed, the governmental entity shall prepare and
approve a service area report. The service area report is a written analysis that must:
1. describe existing conditions of the facility;
2. establish level-of-service standards;
3. forecast future additional needs for service for a defined period of time;
4. identify capital improvements necessary to meet future needs for service;
5. identify those capital improvements needed for continued operation and maintenance of the
facility;
6. make a determination as to whether one service area or more than one service area is
necessary to establish a correlation between impact fees and benefits;
7. make a determination as to whether one service area or more than one service area for facilities
is needed to establish a correlation between impact fees and benefits;
8. establish the methodology and time period over which the governmental entity will assign the
proportionate share of capital costs for expansion of the facility to provide service to new
development within each service area;
9. establish the methodology that the governmental entity will use to exclude operations and
maintenance costs and correction of existing deficiencies from the impact fee;
10. establish the amount of the impact fee that will be imposed for each unit of increased service
demand; and
11. have a component of the budget of the governmental entity that:
a. schedules construction of public facility capital improvements to serve projected
growth;
b. projects costs of the capital improvements;
c. allocates collected impact fees for construction of the capital improvements; and
d. covers at least a 5-year period and is reviewed and updated at least every 5 years.
Legal Framework
Both state and federal courts have recognized the imposition of impact fees as a legitimate form of land
use regulation, provided the fees meet standards intended to protect against regulatory takings. Land use
regulations, development exactions, and impact fees are subject to the Fifth Amendment prohibition on
taking of private property for public use without just compensation. To comply with the Fifth Amendment,
development regulations must be shown to substantially advance a legitimate governmental interest. In
the case of impact fees, that interest is in the protection of public health, safety, and welfare by ensuring
development is not detrimental to the quality of essential public services. The means to this end are also
important, requiring both procedural and substantive due process. The process followed to receive
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community input (i.e., stakeholder meetings, work sessions, and public hearings) provides opportunities
for comments and refinements to the impact fees.
There are three reasonable relationship requirements for impact fees that are closely related to “rational
nexus”, or “reasonable relationship” requirements enunciated by a number of state courts. Although the
term “dual rational nexus” is often used to characterize the standard by which courts evaluate the validity
of impact fees under the U.S. Constitution, we prefer a more rigorous formulation that recognizes three
elements: “need,” “benefit,” and “proportionality.” The dual rational nexus test explicitly addresses only
the first two, although proportionality is reasonably implied, and was specifically mentioned by the U.S.
Supreme Court in the Dolan case (Dolan v. City of Tigard, OR, 1994). Furthermore, the plaintiff in the 2024
Sheetz v. El Dorado County U.S. Supreme Court case argued that the El Dorado County, CA impact fee
program failed to meet the Nollan/Dolan test. The U.S. Supreme Court remanded the case back to the
California Supreme Court for further proceedings on a stricter interpretation of the rational nexus,
specifically the extent impact fees can be “roughly proportionate.” Thus, is has been determined that
State courts will make similar judgements on future similar cases. Individual elements of the nexus
standard are discussed further in the following paragraphs.
All new development in a community creates additional demands on some, or all, public facilities provided
by local government. If the capacity of facilities is not increased to satisfy that additional demand, the
quality or availability of public services for the entire community will deteriorate. Impact fees may be used
to recover the cost of development-related facilities, but only to the extent that the need for facilities is
a consequence of development that is subject to the fees. The Nollan decision reinforced the principle
that development exactions may be used only to mitigate conditions created by the developments upon
which they are imposed. That principle clearly applies to impact fees. In this study, the impact of
development on infrastructure needs is analyzed in terms of quantifiable relationships between various
types of development and the demand for specific capital facilities, based on applicable level-of-service
standards.
The requirement that exactions be proportional to the impacts of development was clearly stated by the
U.S. Supreme Court in the Dolan case and is logically necessary to establish a proper nexus. Proportionality
is established through the procedures used to identify development-related facility costs, and in the
methods used to calculate impact fees for various types of facilities and categories of development. The
demand for capital facilities is measured in terms of relevant and measurable attributes of development
(e.g., a typical housing unit’s average weekday vehicle trips).
A sufficient benefit relationship requires that impact fee revenues be segregated from other funds and
expended only on the facilities for which the fees were charged. Impact fees must be expended in a timely
manner and the facilities funded by the fees must serve the development paying the fees. However,
nothing in the U.S. Constitution or the state enabling legislation requires that facilities funded with fee
revenues be available exclusively to the development paying the fees. In other words, benefit may extend
to a general area including multiple real estate developments. Procedures for the earmarking and
expenditure of fee revenues are discussed near the end of this study. All of these procedural as well as
substantive issues are intended to ensure that new development benefits from the impact fees they are
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required to pay. The authority and procedures to implement impact fees are separate from and
complementary to the authority to require improvements as part of subdivision or zoning review.
As documented in this report, the City of Bozeman has complied with applicable legal precedents. Impact
fees are proportionate and reasonably related to the capital improvement demands of new development.
Specific costs have been identified using local data and current dollars. With input from City staff,
TischlerBise identified service demand indicators for each type of infrastructure and calculated
proportionate share factors to allocate costs by type of development. This report documents the formulas
and input variables used to calculate the impact fees for each type of public facility. Impact fee
methodologies also identify the extent to which new development is entitled to various types of credits
to avoid potential double payment of growth-related capital costs.
Methodology
Impact fees for public facilities made necessary by new development must be based on the same level of
service provided to existing development in the service area. There are three basic methodologies used
to calculate impact fees. They examine the past, present, and future status of infrastructure. The objective
of evaluating these different methodologies is to determine the best measure of the demand created by
new development for additional infrastructure capacity. Each method has advantages and disadvantages
in a particular situation and can be used simultaneously for different cost components. Additionally,
impact fees for public facilities can also include a fee for the administration of the impact fee not to exceed
five percent of the total impact fee collected.
Reduced to its simplest terms, the process of calculating impact fees involves two main steps: (1)
determining the cost of growth-related capital improvements and (2) allocating those costs equitably to
various types of development. In practice, though, the calculation of impact fees can become quite
complicated because of the many variables involved in defining the relationship between development
and the need for facilities within the designated service area. The following paragraphs discuss basic
methods for calculating impact fees and how those methods can be applied.
• Cost Recovery (past improvements) - The rationale for recoupment, often called cost recovery, is
that future development is paying for its share of the useful life and remaining capacity of facilities
already built, or land already purchased, from which future development will benefit. This
methodology is often used for utility systems that must provide adequate capacity before new
development can take place.
• Incremental Expansion (concurrent improvements) - The incremental expansion methodology
documents current level-of-service standards for each type of public facility, using both quantitative
and qualitative measures. This approach assumes there are no existing infrastructure deficiencies or
surplus infrastructure capacity. Future development is only paying its proportionate share for
growth-related infrastructure. Revenue will be used to expand or provide additional facilities, as
needed, to accommodate future development. An incremental expansion methodology is best suited
for public facilities that will be expanded in regular increments to keep pace with development.
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• Plan-Based (future improvements) - The plan-based methodology allocates costs for a specified set
of improvements to a specified amount of development. Improvements are typically identified in a
long-range facility plan and development potential is identified by a land use plan. There are two
basic options for determining the cost per service demand unit: (1) total cost of a public facility can
be divided by total service demand units (average cost), or (2) the growth-share of the public facility
cost can be divided by the net increase in service demand units over the planning timeframe
(marginal cost).
Conceptual Impact Fee Calculation
In contrast to project-level improvements, impact fees fund growth-related infrastructure that will benefit
multiple development projects, or the entire service area (usually referred to as system improvements).
The first step is to determine an appropriate service demand unit for the particular type of infrastructure.
The service demand indicator measures the number of service units for each unit of development. For
example, an appropriate indicator of the demand for roadways is vehicle trips or vehicle miles of travel
that can be determined by development type. The second step in the impact fee formula is to determine
infrastructure improvement units per service demand unit, typically called level of service (LOS) standards.
In keeping with the roadway example, a common LOS standard is volume to capacity ratio. The third step
in the impact fee formula is the cost of various infrastructure units. To complete the roadway example,
this part of the formula would establish a construction cost per lane mile of road expansion.
The body of the report will detail these steps specific to the Bozeman Water Impact Fee analysis. For
reference, the service units and LOS standards can be found starting on page 11 ; and infrastructure costs
starting on page 16.
Evaluation of Credits
The consideration of credits is integral to the development of a legally defensible impact fee. There are
two types of credits that should be addressed in impact fee studies and ordinances. The first is a revenue
credit due to possible double payment situations, which could occur when other revenues expected to be
paid by future development may contribute to the capital costs of infrastructure covered by the impact
fee. This type of credit is integrated into the fee calculation, thus reducing the fee amount.
The second type of credit is a site-specific credit for system improvements that have been included in the
impact fee calculations. Policies and procedures related to site-specific credits for system improvements
are addressed in the ordinance that establishes the impact fees. However, the general concept is that
developers may be eligible for site-specific credits only if they provide system improvements that have
been included in the impact fee calculations. Project improvements normally required as part of the
development approval process are not eligible for credits against impact fees. Site-specific credits are
addressed in the administration and implementation of the development fee program.
Below, Figure 1 summarizes service areas, methodologies, and infrastructure cost components. Described
in the body of the report, the analysis takes a hybrid approach to calculating the capital cost of providing
water service to future development.
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Figure 1. Impact Fee Service Areas, Methodologies, and Cost Allocation
Maximum Supportable Water Impact Fees
The following figures list the schedule of the maximum supportable impact fees by type of land use. The
fees represent the highest amount allowable for each type of applicable land use. The City may adopt fees
that are less than the amounts shown. However, a reduction in impact fee revenue will necessitate an
increase in other revenues, a decrease in planned capital expenditures, and/or a decrease in levels of
service.
Notably, the results of the study are a decrease from the current residential water impact fees. Several
factors influenced this decrease. First, the recently adopted water conservation policy suggests that future
development will consume less water than current users. Specifically, irrigation water use (which accounts
for two-thirds of water use during peak season) will be reduced by 44 percent under the conservation
policy. Resulting in a reduction in the estimated demand from new development and proportionate
impact fee. Second, the existing water impact fee fund accounts for 25 percent of the impact fee eligible
costs in the Capital Improvement Plan and existing debt. In this case, a reduction of 25 percent is included
in the fee analysis. The increase in the nonresidential impact fees is a result of the relative increase in
commercial water user compared to residential water.
The maximum supportable impact fees for residential development will be assessed per housing unit,
based on the square footage of the unit. This study presents additional size bands compared to the current
fee schedule. Expanding the schedule allows for further proportionately for smaller and larger housing
units. Nonresidential impact fees will be assessed based on water meter size.
Water Citywide Water Storage,
Treatment -Water Supply, Storage,
Distribution Gallons
Cost
AllocationFee Category Service Area
Incremental
Expansion Plan-Based
Cost
Recovery
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Figure 2. Maximum Supportable Water Impact Fee Schedule – Single-Unit Dwelling Including
Townhomes
Residential - Single-Unit Dwelling including Townhomes
Residential (per housing unit)
Under 600 $1,115 $2,217 ($1,102)
600 to 800 $1,294 $2,217 ($923)
801 to 1,000 $1,568 $2,217 ($649)
1,001 to 1,200 $1,788 $2,217 ($429)
1,201 to 1,400 $1,978 $2,217 ($239)
1,401 to 1,600 $2,136 $2,819 ($683)
1,601 to 1,800 $2,272 $2,978 ($706)
1,801 to 2,000 $2,399 $3,167 ($768)
2,001 to 2,200 $2,504 $3,389 ($885)
2,201 to 2,400 (avg.)$2,609 $3,579 ($970)
2,401 to 2,600 $2,693 $3,769 ($1,076)
2,601 to 2,800 $2,777 $3,832 ($1,055)
2,801 to 3,000 $2,861 $4,023 ($1,162)
3,001 to 3,200 $2,935 $4,276 ($1,341)
3,201 to 3,400 $2,998 $4,276 ($1,278)
3,401 to 3,600 $3,072 $4,276 ($1,204)
3,601 to 3,800 $3,124 $4,276 ($1,152)
3,801 to 4,000 $3,188 $4,276 ($1,088)
4,001 or More $3,240 $4,276 ($1,036)
Dwelling Size
(square feet)
Maximum
Supportable Fee
Current
Fee
Increase/
(Decrease)
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Figure 3. Maximum Supportable Water Impact Fee Schedule – Other Residential
Figure 4. Water Maximum Supportable Water Impact Fee – Nonresidential
Residential - Other Residential
Residential (per housing unit)
Under 600 $1,044 $2,217 ($1,173)
600 to 800 $1,226 $2,217 ($991)
801 to 1,000 $1,487 $2,217 ($730)
1,001 to 1,200 $1,696 $2,217 ($521)
1,201 to 1,400 $1,878 $2,217 ($339)
1,401 to 1,600 (avg.)$2,009 $2,819 ($810)
1,601 to 1,800 $2,139 $2,978 ($839)
1,801 to 2,000 $2,270 $3,167 ($897)
2,001 to 2,200 $2,374 $3,389 ($1,015)
2,201 to 2,400 $2,479 $3,579 ($1,100)
2,401 to 2,600 $2,557 $3,769 ($1,212)
2,601 to 2,800 $2,635 $3,832 ($1,197)
2,801 to 3,000 $2,713 $4,023 ($1,310)
3,001 to 3,200 $2,766 $4,276 ($1,510)
3,201 to 3,400 $2,844 $4,276 ($1,432)
3,401 to 3,600 $2,896 $4,276 ($1,380)
3,601 to 3,800 $2,948 $4,276 ($1,328)
3,801 to 4,000 $3,026 $4,276 ($1,250)
4,001 or More $3,053 $4,276 ($1,223)
Group Quarters (per person)
Group Quarters $1,200 $1,424 ($224)
Dwelling Size
(square feet)
Maximum
Supportable Fee
Current
Fee
Increase/
(Decrease)
Nonresidential
3/4 $6,785 $4,752 $2,033
1 $11,297 $7,919 $3,378
1 1/2 $22,620 $15,840 $6,780
2 $36,187 $25,344 $10,843
3 $67,860 $47,521 $20,339
Increase/
(Decrease)
Current
Fee
Meter Size
(inches)
Maximum
Supportable Fee
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WATER SERVICE AREA REPORT
The Bozeman Water Impact Fee Study includes improvements towards water supply, storage, treatment,
and distribution. Water demand flows through these infrastructure components at separate times to
deliver the water to the user, thus, the components are examined separately. The analysis uses a hybrid
approach to calculate the average capital cost per gallon to provide those four infrastructure components
to future development. The methodology includes a cost recovery approach associated with previously
constructed growth-related infrastructure that was debt-financed and includes future growth-related
projects identified in the FY26-31 Capital Improvement Plan (plan-based). The requirement and purpose
of the service area report is explained on page 3.
Importantly, the fee calculation uses previously constructed and future infrastructure projects and
capacity added by the projects (in gallons) to determine the average construction cost per gallon to the
City of Bozeman to expand that type of infrastructure. The average cost per gallon is then multiplied by
the water demand (in gallons) by development type to find the maximum supportable impact fee. The
methodology is not taking a more aggressive pure plan-based approach by directly attributing specific
projects to a specific amount of growth (i.e., a 10-year capital plan compared to a 10-year projected
growth). Rather, the updated impact fees represent the cost to expand the Bozeman water network at a
per gallon basis and the specific water demand by the development type.
Service Area
The Bozeman water system is one, interconnected network and the water impact fee program funds
infrastructure which benefits all future water users. As such, there is one, citywide service area in the
analysis.
Cost Allocation
Water infrastructure is sized to service peak time demand. Thus, costs for water improvements are
allocated to residential and nonresidential development based on daily water use during peak month. If
an annual average metric was used there would be a mismatch between infrastructure capital planning,
costs, and demand from development.
Service Demand Units
A service unit is a standardized measure of demand. The service unit for the water development fees is
an Equivalent Dwelling Unit (EDU). The standard EDU represents the demand from an average sized single-
unit dwelling with a ¾-inch water meter. The following section details the calculations to estimate EDU
daily water use during peak month. For water service, the level of service is the amount of capacity
(gallons) allocable to an EDU. The level of service generally represents the amount of capacity attributable
to an EDU.
Based on water utility account data, the September billing cycle has been the peak month in Bozeman for
water use. This water demand includes residential irrigation, so to account for weather variation, three
years of account data is used to find a daily average. The average daily water use during the peak month
from an EDU (single-unit dwelling with a ¾-inch meter) is found to be 407 gallons.
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However, the recently adopted irrigation reduction policy in the Water Efficient Landscape Ordinance
which reduces the allowable amount of turf grass on new construction lots needs to be accounted for
when determining water demand from future development. Shown in Figure 5, the Water Conservation
and Efficiency Plan estimated that 67 percent of residential water use is for irrigation, or 273 gallons per
EDU (407 gallons x 67 percent = 273 gallons). Bozeman Water Conservation staff examined a variety of
irrigation scenarios with the turf grass change and determined that a 44 percent reduction in irrigation is
an appropriate average for an EDU. Thus, an average future EDU will generate 153 gallons of irrigation
water demand (273 gallons x [1.00-0.44] = 153 gallons).
Also, indoor water use represents 33 percent of total use in the Water Conservation and Efficiency Plan,
thus an estimated 134 gallons of daily indoor water use from an EDU. As a result, during peak month a
future EDU is estimated to generate 287 gallons of daily water demand.
Figure 5. EDU Peak Month Average Daily Water Use
Residential Bozeman water impact fees are based on the size and type of the dwelling unit. In Figure 6,
the analysis incorporates persons per household (PPHH) factors to calculate EDUs by size groupings.
Additionally, the current average size Single-Unit dwelling in Bozeman is between 2,201 and 2,400 square
feet which generates 2.48 PPHH. These characteristics are assumed for an EDU. As a result, EDUs per
household are found by comparing the PPHHs. For example, the average size Other Residential housing
type has 1.92 PPHH or 0.77 EDUs (1.92 PPHH / 2.48 PPHH per EDU = 0.77 EDUs). Note: definitions for the
Single-Unit Dwelling and Other Residential housing types can be found in Appendix B: Land Use
Definitions.
Single-Unit Dwelling 3/4-Inch Meter Gallons
3-Year Avg. Peak Month Daily Water Use [1]407
Current Irrigation Water Use (67%) [2]273
Irrigation Reduction Policy [3]44%
New Irrigation Water Use 153
Indoor Peak Water Use (33%) [2]134
Future EDU Peak Month Daily Water Use 287
[1] Water utility account data
[2] Bozeman Water Conservation and Efficiency Plan (2023)
[3] Bozeman Water Efficient Landscape Ordinance (2024) reduced the
allowable amount of turf grass on the new construction lots. Bozeman Water
Conservation staff examined a variety of irrigation scenarios and determined
that a 44 percent reduction is an appropriate average for an EDU.
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Figure 6. Water Ratio of Service Unit to Development Unit
Nonresidential water impact fees are calculated based on demand relative to an EDU. Using account data,
a Single-Unit dwelling with a ¾-inch water meter averaged 65,934 gallons in 2022 while commercial and
industrial users with the same sized water meter averaged 171,478 gallons in 2022. Thus, a nonresidential
water user with a ¾-inch meter consumes 260 percent of a residential water use with the same meter
size. In other words, a nonresidential water user with a ¾-inch meter represents 2.60 EDUs. In the previous
(2018) impact fee study, nonresidential users accounted for 1.50 EDUs.
This difference in relationship of demand between residential and nonresidential uses may be influenced
by a variety of factors including conservation efforts by residential users, higher occupancy in office
spaces, busier restaurants, or similar increases in intensity of use.
Figure 7. Comparison of Residential and Nonresidential Water Demand
Following the data presented in Figure 8, a nonresidential development using a ¾-inch water meter is
assessed 2.60 EDUs. Furthermore, the AWWA standards for max water flow by water meter size are used
Single-Unit Dwelling including Townhomes Other Residential
Single-Unit Other Res.
PPHH EDU PPHH EDU
Under 600 1.06 0.43 Under 600 1.00 0.40
600 to 800 1.23 0.50 600 to 800 1.16 0.47
801 to 1,000 1.49 0.60 801 to 1,000 1.41 0.57
1,001 to 1,200 1.70 0.69 1,001 to 1,200 1.61 0.65
1,201 to 1,400 1.88 0.76 1,201 to 1,400 1.78 0.72
1,401 to 1,600 2.03 0.82 1,401 to 1,600 (avg. other)1.92 0.77
1,601 to 1,800 2.16 0.87 1,601 to 1,800 2.04 0.82
1,801 to 2,000 2.28 0.92 1,801 to 2,000 2.16 0.87
2,001 to 2,200 2.38 0.96 2,001 to 2,200 2.25 0.91
2,201 to 2,400 (EDU)2.48 1.00 2,201 to 2,400 2.35 0.95
2,401 to 2,600 2.56 1.03 2,401 to 2,600 2.42 0.98
2,601 to 2,800 2.64 1.06 2,601 to 2,800 2.50 1.01
2,801 to 3,000 2.72 1.10 2,801 to 3,000 2.57 1.04
3,001 to 3,200 2.79 1.13 3,001 to 3,200 2.64 1.06
3,201 to 3,400 2.85 1.15 3,201 to 3,400 2.70 1.09
3,401 to 3,600 2.92 1.18 3,401 to 3,600 2.76 1.11
3,601 to 3,800 2.97 1.20 3,601 to 3,800 2.81 1.13
3,801 to 4,000 3.03 1.22 3,801 to 4,000 2.87 1.16
4,001 or More 3.08 1.24 4,001 or More 2.91 1.17
Group Quarters (per person)
Group Quarters 1.00 0.40
Dwelling Size
(square feet)
Dwelling Size
(square feet)
2022 2022
2022
3/4 Inch Meter Account
Single-Unit Dwelling 662 10,038 65,934
Commercial, Industrial 127 741 171,478
Nonresidential Use vs Residential Use 260%
Total Water
Use (MGD)
Avg Use (gal)
per Account
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to calculate EDUs for developments with larger water meters. For example, the max water flow for a 1.5-
inch meter is 100 gallons per minute, resulting in 8.67 EDUs (100 gpm / 30 gpm x 2.60 EDUs = 8.67 EDUs).
Larger meters can show highly variable use patterns. Thus, nonresidential developments with a water
meter greater than three inches are assessed an impact fee on a case-by-case basis based on its specific
estimated water need. Estimated need is determined from plumbing fixture counts and other data during
the building permit process to establish an expected average gallons per day. The City does not have an
adequate installed inventory of meters greater than three inches diameter to provide a reliable average
demand value. Irrigation supply meters also have use profiles different from standard service meters.
Impact fee for an irrigation supply meter is prepared by determining average daily designed use in gallons
and then multiplying that number of gallons by the cost per gallon established in this service area report.
Figure 8. Nonresidential EDU Factor by Water Meter Size
Existing and Projected Growth in Service Area
In 2023, the daily water use in Bozeman was 6.30 million gallons (MGD). The recent Water Conservation
and Efficiency Plan (2023) detailed several scenarios which included changes to Bozeman plumbing code
and conservation programs. At the moment, the most likely scenario is Plumbing Code and Conservation
Program A. Under this scenario, citywide water demand will increase to 8.50 MGD by 2033. This
represents a 2.20 MGD increase, 35 percent from 2023. Importantly, the City has water supply to
accommodate the increase in demand and has committed to further expanding the water supply.
Figure 9. Projected Daily Water Use
3/4 30 2.60
1 50 4.33
1 1/2 100 8.67
2 160 13.87
3 300 26.01
Meter Size
(inches)
AWWA
Max Flow (gal) [1]
EDU Factor
[2]
[2] Nonresidential demand from 3/4 inch accounts is 260
percent of demand from residential EDU demand.
[1] American Water Works Association max water flow
(gallons per minute) standards.
Base Year
City of Bozeman 2023 2024 2025 2026 2027 2028 2033
Total Daily Water Use (MGD)6.30 6.56 6.81 7.01 7.21 7.41 8.50 2.20
5-Year Increment
10-Year
Increase
Source: Bozeman Water Conservation and Efficiency Plan (2023); Water projection based on Plumbing
Code and Conservation Program A Savings
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Water Capital Improvement Plan
The impact fee portion of the FY26-30 Water Capital Improvement Plan (CIP) is listed in Figure 10 and Figure 11. The City of Bozeman publishes an
annual CIP with a larger project list that includes projects that are not impact fee eligible. The five-year plan totals $38.2 million that addresses
water supply, storage, and distribution infrastructure needs to accommodate future development. The majority ($37.5 million) is impact fee
eligible, while $700,000 is scheduled based on other sources of funding.
Figure 10. Bozeman Impact Fee Funding Water Capital Improvement Plan
Figure 11. Bozeman Impact Fee Funding Water Capital Improvement Plan cont.
Project
Code Project Name FY26 FY27 FY28 FY29 FY30
5-Year
Total
WIF33 Municipal Test Well & Mitigation System Exploration Program $1,622,400 ----$1,622,400
WIF32 Municipal Groundwater Public Water Supply & Mitigation System -$1,000,000 $9,000,000 --$10,000,000
WIF60 W Sourdough Reservoir #1 ---$4,015,000 -$4,015,000
WIF99 Water Development Oversizing $355,000 $720,000 $305,000 -$655,000 $2,035,000
WIF68 Stucky/S 27th Water Improvements -$354,300 $2,456,700 --$2,811,000
WIF59 Western Transmission Main / New South Pressure Zone ---$1,350,000 $16,400,000 $17,750,000
$1,977,400 $2,074,300 $11,761,700 $5,365,000 $17,055,000 $38,233,400
ALL FUNDING
Project
Code Project Name Project Type
5-Year
Total
Impact Fee
Funding
Other
Funding
WIF33 Municipal Test Well & Mitigation System Exploration Program Supply $1,622,400 $1,622,400 $0
WIF32 Municipal Groundwater Public Water Supply & Mitigation System Supply $10,000,000 $10,000,000 $0
WIF60 W Sourdough Reservoir #1 Storage $4,015,000 $4,015,000 $0
WIF99 Water Development Oversizing Distribution $2,035,000 $2,035,000 $0
WIF68 Stucky/S 27th Water Improvements Distribution $2,811,000 $2,108,200 $702,800
WIF59 Western Transmission Main / New South Pressure Zone Distribution $17,750,000 $17,750,000 $0
Total $38,233,400 $37,530,600 $702,800
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Cost Analysis of Water Projects
This Service Area Report defines the service demand units and the service area to be used in the impact fee calculations. This section details the
method of calculating the capital cost to service new demand for water supply, storage, treatment, and distribution. The cost per gallon is applied
to the service demand units at the end of the report to calculate the maximum supportable impact fees by land use type.
As mentioned, the fee calculation uses the previously constructed and future infrastructure projects and capacity added by the projects (in gallons)
to determine the average construction cost per gallon to the City of Bozeman to expand that type of infrastructure. The average cost per gallon is
then multiplied by the water demand (in gallons) by development type to find the maximum supportable impact fee. The methodology is not
taking a more aggressive pure plan-based approach by directly attributing specific projects to a specific amount of growth (i.e. a 10-year capital
plan compared to a 10-year projected growth). Rather, the updated impact fees represent the cost to expand the Bozeman water network at a
per gallon basis and the specific water demand by the development type. Water demand flows through these infrastructure components at
separate times to deliver the water to the user, thus, the components are examined separately.
Water Supply Cost Analysis
To address future water supply needs Bozeman has two future projects in the CIP. The projects combine for $11.6 million and will add 1.44 MGD
to the water supply infrastructure. The growth-related capital cost to add capacity to the water supply network is found by comparing the impact
fee funding portion to the added capacity. As a result, the water supply component of the impact fee program is $8.07 per gallon ($11,622,400 /
1.44 MGD = $8.07 per gallon).
Figure 12. Water Supply Capital Cost per Gallon
Project
Code Project Name Project Type
Year
Scheduled Total Cost
Impact Fee
Funding
Capacity
Increase MGD
WIF33 Municipal Test Well & Mitigation System Exploration Program Supply FY26 $1,622,400 $1,622,400
WIF32 Municipal Groundwater Public Water Supply & Mitigation System Supply FY27 $10,000,000 $10,000,000
Total $11,622,400 $11,622,400 1.44
Impact Fee Related Costs $11,622,400
Capacity Increase (MGD)1.44
Capital Cost per Gallon $8.07
1.44
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Water Storage Cost Analysis
The cost to provide water storage to future development in Bozeman is found by examining a future project in the City’s CIP and a previously
constructed project. First, the future W Sourdough Reservoir #1 project is planned to add 5 million gallons (MG) and is considered to be 100
percent growth-related. Additionally, the City anticipates debt financing the project. Impact fees can service principal and interest costs associated
with growth-related debt payments. Based on the City's standard financing assumptions (5 percent interest rate, 2 percent financing costs, over
20 years) the total cost represents estimated principal and interest payments.
The second project listed in Figure 13 is a previously constructed water tank (2017) that was debt-financed and considered to be 100 percent
growth-related. The remaining principal and interest payments on the State Revolving Fund Revenue Bond Series 2017 total $6.3 million and the
tank added 4 MG to the Bozeman water storage network. Since the project is considered to be 100 percent growth-related the entire remaining
debt payments are impact fee eligible.
In total, the City has added or plans to add 9 MG that is related to future growth totaling $12.9 million. The average cost per gallon to add to the
water storage system is found by dividing the cost by the added gallons, resulting in $1.43 per gallon ($12,858,949 / 9 MG = $1.43 per gallon). In
this case, future impact fee collections can fund the future reservoir project and help service the remaining debt service. However, future
development is only paying its fair share based on the average cost per gallon found with these two projects. No other revenues (such as utility
rates) will be used to service the debt payments as well. Thus, there is no double charging in this case.
Figure 13. Water Storage Capital Cost per Gallon
Water Treatment Cost Analysis
The impact fee study focuses on the previous plant expansion project and the remaining growth-related debt payments for the water treatment
component. Listed in Figure 14, the 2011 plant expansion project replaced a 15 MGD plant with a 22 MGD plant, adding 7 MGD to accommodate
future growth. This represents a 31.8 percent growth share. Additionally, there is $10.5 million remaining in debt payments, $3.3 million that is
WIF60 W Sourdough Reservoir #1*Storage FY29 $6,572,349 $6,572,349 5.00
-Remaining Water Tank/Storage Debt Payment [1]Storage FY17 $6,286,600 $6,286,600 4.00
Total $12,858,949 $12,858,949 9.00
Impact Fee Eligible Costs $12,858,949
Capacity Increase (MG)9.00
Capital Cost per Gallon $1.43
Capacity
Increase MG
*City plans to debt finance project. Based on the City's standard financing assumptions
(5% interest rate, 2% financing costs, over 20 years) the total cost represents estimated
principal and interest payments.
Year
Scheduled
Impact Fee
FundingTotal Cost
[1] Water tank project added 4 MG to the City's storage network and is considered to be
100% growth-related. State Revolving Fund Revenue Bond Series 2017.
Project
Code Project Name Project Type
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considered growth’s share. The average cost per gallon to add treatment plant capacity is found by dividing growth’s cost by the gallons added,
resulting in $0.48 per gallon ($3,332,567 / 7 MGD = $0.48 per gallon).
The non-growth-related portion of this debt is to be funded through utility rates. The non-growth-related portion represents a previous deficiency
in the water system, which is not impact fee eligible, thus other funding is needed. In other words, existing and future water users pay their fair
share of addressing infrastructure deficiencies through utility rates and future users pay their fair share of capacity expansion through the impact
fees. The City of Bozeman accounts for these separate sources and growth share of expansion projects ensuring utility rates are not funding growth
portions of debt. Thus, no revenue credit is needed to prevent double charging.
Figure 14. Water Treatment Capital Cost per Gallon
Water Distribution Cost Analysis
Lastly, there are a few growth-related water distribution projects in the water impact fee FY26-30 CIP, $33.2 million which is impact fee eligible.
One project, the future Western Transmission Main, is considered to be 100 percent growth-related and the City anticipates debt financing the
project. Impact fees can service principal and interest costs associated with growth-related debt payments. Based on the City's standard financing
assumptions (5 percent interest rate, 2 percent financing costs, over 20 years) the total cost in Figure 15 represents estimated principal and interest
payments and is entirely impact fee eligible.
In the case of water distribution infrastructure, the capital cost per gallon is found by dividing the impact fee eligible cost by the current capacity
of the water network. The capacity of the water network is based on the current capacity of the water treatment plant (22 MGD). As a result, the
Remaining Water Treatment Plant Debt Payment [1]$10,479,770
Total Remaining Payments $10,479,770
Growth's Share (31.8%)*$3,332,567
Growth's Cost $3,332,567
Added Capacity (MGD)7.0
Capital Cost per Gallon $0.48
[1] State Revolving Fund Revenue Bond Series 2011A/2011B
Principal+Interest
Total RemainingBozeman Water Debt
*Capacity at Sourdough Water Treatment Plant was previously 15 MGD and expanded to
22 MGD. Adding 7MGD, the project is 31.8% growth-related (7 MGD/22 MGD = 31.8%)
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water distribution capital cost per gallon is $1.51 ($33,199,041 / 22 MGD = $1.51 per gallon). This represents the capital cost to the Bozeman water
network for future development to buy-in to the current distribution network.
Figure 15. Water Distribution Capital Cost per Gallon
WIF99 Water Development Oversizing Distribution FY26 $2,035,000 $2,035,000
WIF68 Stucky/S 27th Water Improvements Distribution FY27 $2,811,000 $2,108,200
WIF59 Western Transmission Main / New South Pressure Zone*Distribution FY29 $29,055,841 $29,055,841
Total $33,901,841 $33,199,041
Impact Fee Eligible Costs $33,199,041
Capacity of Water System (MGD)22.00
Capital Cost per Gallon $1.51
*City plans to debt finance project. Based on the City's standard financing
assumptions (5% interest rate, 2% financing costs, over 20 years) the total
cost represents estimated principal and interest payments.
Project
Code Project Name Project Type
Year
Scheduled Total Cost
Impact Fee
Funding
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Credit for Other Revenues Sources
Evaluation of other revenues funding capital expansion is necessary to ensure the impact fee is
proportionate and there are no double charging scenarios.
The City has an existing water impact fee fund balance ($15 million) which is not scheduled for current
projects and will fund a portion of the CIP. Currently, the growth-related CIP and remaining debt payments
total $61 million. Thus, 24.6 percent of the growth-related water infrastructure cost has already been
collected. A credit for this amount is included in the final impact fee calculation.
Figure 16. Existing Water Impact Fee Fund Balance Credit
Furthermore, City staff examines the non-growth-related share of each water project. The portion that is
considered to be non-growth-related is funded through other sources such water utility rates. In this case,
impact fees are funding the growth-related portion, thus there is no double charging concern and no need
for another revenue credit. Similarly, previously issued debt for the water tank project is planned to be
100 percent funded through impact fees, requiring no credit.
Water Department Personnel and Operations
As described in the legal framework section of this report, impact fees are limited to capacity adding
capital expansion. No Water Department personnel, operations, or maintenance expenses are allowed to
be included in an impact fee and all such expenses are excluded from the impact fee. All these expenses
are paid for with monthly services charges or other non-impact fee revenue.
City of Bozeman
Water
Impact Fee Fund
Existing Fund Balance*$14,983,916
Impact Fee CIP + Debt $61,012,957
Balance Share of Growth-Related Costs 24.6%
*Excludes balance that is earmarked for current projects
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Maximum Supportable Water Impact Fees
The following figures list the maximum supportable Bozeman Water Impact Fees for residential and
nonresidential development and include an administration fee of five percent (§ 7-6-1601(5a)). After
reducing the fee for the existing fund balance credit, the net total cost per gallon is $9.09. Based on the
water account data, an EDU generates a demand of 287 gallons per day in the peak month. This results in
a capital cost per EDU of $2,609 ($9.09 per gallon x 287 gallons per EDU = $2,609 per EDU). Fees are
calculated based on EDUs. For example, the fee for a 1,300 square foot Single-Unit dwelling is $1,978
($2,609 per EDU x 0.76 EDUs = $1,978 per unit).
Notably, the results of the study are a decrease from the current residential water impact fees. Several
factors influenced this decrease. First, the recently adopted water conservation policy suggests that future
development will consume less water than current users. Specifically, irrigation water use (which accounts
for two-thirds of water use during peak season) will be reduced by 44 percent under the conservation
policy. Resulting in a reduction in the estimated demand from new development and proportionate
impact fee. Second, the existing water impact fee fund accounts for 26 percent of the impact fee eligible
costs in the Capital Improvement Plan and existing debt. In this case, a reduction of 26 percent is included
in the fee analysis. The increase in the nonresidential impact fees is a result of the relative increase in
commercial water user compared to residential water.
The fees represent the highest amount allowable for each type of applicable land use, which represents
new growth’s fair share of the cost for capital facilities. The City may adopt fees that are less than the
amounts shown. However, a reduction in impact fee revenue will necessitate an increase in other
revenues, a decrease in planned capital expenditures, and/or a decrease in levels of service.
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Figure 17. Maximum Supportable Water Impact Fee Schedule – Single-Unit Dwelling
Cost
per Gallon
Water Supply $8.07
Water Storage $1.43
Water Treatment $0.48
Water Distribution $1.51
Gross Total $11.49
Credit for Existing Fund Balance (24.6%)($2.83)
Administrative Fee (5%)$0.43
Net Total $9.09
Peak Month Daily Avg Gallons per EDU 287
Capital Cost per EDU $2,609
Residential - Single-Unit Dwelling including Townhomes
Residential (per housing unit)
Under 600 0.43 $1,115 $2,217 ($1,102)
600 to 800 0.50 $1,294 $2,217 ($923)
801 to 1,000 0.60 $1,568 $2,217 ($649)
1,001 to 1,200 0.69 $1,788 $2,217 ($429)
1,201 to 1,400 0.76 $1,978 $2,217 ($239)
1,401 to 1,600 0.82 $2,136 $2,819 ($683)
1,601 to 1,800 0.87 $2,272 $2,978 ($706)
1,801 to 2,000 0.92 $2,399 $3,167 ($768)
2,001 to 2,200 0.96 $2,504 $3,389 ($885)
2,201 to 2,400 (avg.)1.00 $2,609 $3,579 ($970)
2,401 to 2,600 1.03 $2,693 $3,769 ($1,076)
2,601 to 2,800 1.06 $2,777 $3,832 ($1,055)
2,801 to 3,000 1.10 $2,861 $4,023 ($1,162)
3,001 to 3,200 1.13 $2,935 $4,276 ($1,341)
3,201 to 3,400 1.15 $2,998 $4,276 ($1,278)
3,401 to 3,600 1.18 $3,072 $4,276 ($1,204)
3,601 to 3,800 1.20 $3,124 $4,276 ($1,152)
3,801 to 4,000 1.22 $3,188 $4,276 ($1,088)
4,001 or More 1.24 $3,240 $4,276 ($1,036)
Components
Dwelling Size
(square feet)
EDU
Factor
Maximum
Supportable Fee
Current
Fee
Increase/
(Decrease)
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Figure 18. Maximum Supportable Water Impact Fee Schedule – Other Residential
Cost
per Gallon
Water Supply $8.07
Water Storage $1.43
Water Treatment $0.48
Water Distribution $1.51
Gross Total $11.49
Credit for Existing Fund Balance (24.6%)($2.83)
Administrative Fee (5%)$0.43
Net Total $9.09
Peak Month Daily Avg Gallons per EDU 287
Capital Cost per EDU $2,609
Residential - Other Residential
Residential (per housing unit)
Under 600 0.40 $1,044 $2,217 ($1,173)
600 to 800 0.47 $1,226 $2,217 ($991)
801 to 1,000 0.57 $1,487 $2,217 ($730)
1,001 to 1,200 0.65 $1,696 $2,217 ($521)
1,201 to 1,400 0.72 $1,878 $2,217 ($339)
1,401 to 1,600 (avg.)0.77 $2,009 $2,819 ($810)
1,601 to 1,800 0.82 $2,139 $2,978 ($839)
1,801 to 2,000 0.87 $2,270 $3,167 ($897)
2,001 to 2,200 0.91 $2,374 $3,389 ($1,015)
2,201 to 2,400 0.95 $2,479 $3,579 ($1,100)
2,401 to 2,600 0.98 $2,557 $3,769 ($1,212)
2,601 to 2,800 1.01 $2,635 $3,832 ($1,197)
2,801 to 3,000 1.04 $2,713 $4,023 ($1,310)
3,001 to 3,200 1.06 $2,766 $4,276 ($1,510)
3,201 to 3,400 1.09 $2,844 $4,276 ($1,432)
3,401 to 3,600 1.11 $2,896 $4,276 ($1,380)
3,601 to 3,800 1.13 $2,948 $4,276 ($1,328)
3,801 to 4,000 1.16 $3,026 $4,276 ($1,250)
4,001 or More 1.17 $3,053 $4,276 ($1,223)
Group Quarters (per person)
Group Quarters 0.46 $1,200 $1,424 ($224)
Components
Dwelling Size
(square feet)
EDU
Factor
Maximum
Supportable Fee
Current
Fee
Increase/
(Decrease)
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Figure 19. Maximum Supportable Water Impact Fee Schedule – Nonresidential
Cost
per Gallon
Water Supply $8.07
Water Storage $1.43
Water Treatment $0.48
Water Distribution $1.51
Gross Total $11.49
Credit for Existing Fund Balance (24.6%)($2.83)
Administrative Fee (5%)$0.43
Net Total $9.09
Peak Month Daily Avg Gallons per EDU 287
Capital Cost per EDU $2,609
Nonresidential
3/4 2.60 $6,785 $4,752 $2,033
1 4.33 $11,297 $7,919 $3,378
1 1/2 8.67 $22,620 $15,840 $6,780
2 13.87 $36,187 $25,344 $10,843
3 26.01 $67,860 $47,521 $20,339
Components
Increase/
(Decrease)
Current
Fee
[1] Nonresidential demand from 3/4 inch accounts is 260 percent of
demand from residential EDU demand
Meter Size
(inches)
EDU Factor
[1]
Maximum
Supportable Fee
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Projected Water Impact Fee Revenue
Revenue projections assume implementation of the maximum supportable water impact fees and that
future development is consistent with the land use assumptions described in Appendix A: Land Use
Assumptions. To the extent the rate of development either accelerates or slows down, there will be a
corresponding change in the impact fee revenue. As shown in Figure 20, water impact fee revenue is
expected to total approximately $20 million over the next 10 years, compared to projected total water
expansion cost of $61 million. The funding gap is the result of the credit for existing impact fee fund
balance. Additionally, some of the CIP projects are expanding network capacity for growth beyond ten
years. For example, the Sourdough Reservoir has a capacity of 5 MG while there is a projected increase in
water demand of 2.2 MG (Figure 9). In this case, development over the next ten years will only be funding
its proportionate share of the project.
Figure 20. Projected Water Impact Fee Revenue
Water Supply $11,622,400 $11,622,400
Water Storage $12,858,949 $12,858,949
Water Treatment $10,479,770 $3,332,567
Water Distribution $33,901,841 $33,199,041
Total Expenditures $68,862,960 $61,012,957
EDU
$2,609
Base 2023 21,951
1 2024 22,843
2 2025 23,734
3 2026 24,424
4 2027 25,115
5 2028 25,806
6 2029 26,496
7 2030 27,187
8 2031 28,002
9 2032 28,817
10 2033 29,632
Ten-Year Increase 7,680
Projected Revenue $20,038,072
CIP Expenditures $61,012,957
Funding Gap $40,974,885
Year
Impact Fee
FundingTotal Cost
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APPENDIX A: LAND USE ASSUMPTIONS
The following sections detail base year and projected demographic assumptions. These assumptions are
used in the Water impact fee calculations along with the tandem efforts in updating the Service Area
Reports for Fire/EMS, Transportation, and Wastewater public facilities. In this case, there is data in the
following section that relates to the other efforts and not the Water calculations (i.e., trip generation rates
and the Transportation Service Area Report).
Note: definitions for the Single-Unit Dwelling and Other Residential housing types can be found Appendix
B: Land Use Definitions
Population and Housing Characteristics
Impact fees often use per capita standards and persons per housing unit or persons per household to
derive proportionate share fee amounts. Housing types have varying household sizes and, consequently,
a varying demand on City infrastructure and services. Thus, it is important to differentiate between
housing types and size.
When persons per housing unit (PPHU) is used in the development impact fee calculations, infrastructure
standards are derived using year-round population. In contrast, when persons per household (PPHH) is
used in the development impact fee calculations, the fee methodology assumes all housing units will be
occupied, thus requiring seasonal or peak population to be used when deriving infrastructure standards.
The City of Bozeman and the surrounding area is home to a significant number of second/vacation homes
and hosts many visitors throughout the year. Thus, TischlerBise recommends that fees for residential
development in Bozeman be imposed according to the persons per household.
Figure 21 shows the US Census American Community Survey 2021 5-Year Estimates data for the City of
Bozeman. Single-unit dwellings have an average household size of 2.48 persons and other residential
dwellings have an average household size of 1.92 persons. Additionally, there is a housing mix of 59
percent single-unit dwelling and 41 percent other residential.
The estimates in Figure 21 are for household size calculations. Base year population and housing units are
estimated with another, more recent data source.
Figure 21. Persons per Household
Building Permit History
In Figure 22, the past six years of building permit history is listed by housing type to understand the recent
growth trend in Bozeman. There has been a steady amount of single-unit dwelling development over the
Housing Persons per Persons per Housing
Housing Type Persons Units Housing Unit Households Household Unit Mix
Single-Unit Dwelling [1]31,140 13,355 2.33 12,534 2.48 59%
Other Residential [2]16,235 9,110 1.78 8,451 1.92 41%
Subtotal 47,375 22,465 2.11 20,985 2.26
[1] Includes attached and detached single family homes and mobile homes
[2] Includes all other types
Source: U.S. Census Bureau, 2021 American Community Survey 5-Year Estimates
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past years in Bozeman, while other residential development has been the driving factor in the elevated
construction trend. Housing development peaked in 2021 which included the largest apartment complex
ever built in the city. Housing activity leveled slowed in 2022 (consistent with the national trend with
increasing interest rates) while construction had a noticeable increase in 2023.
Overall, there has been an average of 228 single-unit dwellings and 766 other residential units constructed
annually.
Figure 22. Building Permit History by Housing Type
Base Year Housing Units and Population
Furthermore, the nature of the influx of seasonal population in Bozeman necessitates four types of
populations to be included in the impact fee study:
1) Permanent Residents
2) Seasonal Residents
3) On-Campus Students
4) Overnight-Visitors
Bozeman is a destination for vacationers, students, and seasonal residents and City facilities and services
have been sized to accommodate the additional demand. The peak population includes residents who
have second homes in the city, students living on-campus at Montana State University, and the seasonal
labor influx during peak tourism months. The MSU students living off-campus are captured in the
permanent housing population.
Bozeman permanent population is found by using the housing growth since the 2020 US Census. The 2020
decennial census estimated that there were 23,535 housing units and 49,298 household population in
Bozeman. Additionally, there were 663 single-unit dwellings and 2,384 other residential units constructed
since the survey. Based on PPHU factor, there has been an increase of 5,788 residents since the census.
By combining the 2020 US Census household population and estimated new residents since the Census,
a 2023 permanent population of 55,086 residents is estimated.
Housing Type 2018 2019 2020 2021 2022 2023 Total Average
Single-Unit Dwelling [1]266 245 211 255 197 193 1,367 228
Other Residential [2]593 546 734 1,128 522 1,075 4,598 766
Total 859 791 945 1,383 719 1,268 5,965 994
Source: City of Bozeman
[1] Includes attached and detached single family homes and mobile homes
[2] Includes all other types
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Figure 23. Permanent Population
Seasonal housing population estimates are found by applying the PPHH factors for each housing type to
base year housing estimates to the percent of housing occupied for seasonal use. As a result, the seasonal
population estimate is 4,185 (Figure 24).
Figure 24. Seasonal Population
Shown in Figure 25, in a survey of hotel and motels in Bozeman, TischlerBise found 2,241 lodging rooms
in the city. Based on general peak seasonal lodging factors there are 4,258 overnight-visitors assumed.
Figure 25. Bozeman Visitors
Lastly, based on a news briefing from Montana State University in September 2023 there were 5,200
students living on-campus. The information above is summarized in Figure 26. Based on the four
population types, there is an estimated peak population of 68,729 residents along with 26,582 housing
units in Bozeman.
Bozeman, MT Housing Units [1]HH Population [2]
2020 Census 23,535 49,298
Housing Units 2020 Census Post Census 2023
Single-Unit Dwelling 13,991 663 14,654
Other Residential 9,544 2,384 11,928
Total 23,535 3,047 26,582
PPHU
Single-Unit Dwelling 663 2.33 1,545
Other Residential 2,384 1.78 4,244
Total 3,047 5,788
Household Population 49,298 5,788 55,086
[1] Source: US Census DP1 Table
Bozeman, MT
Units Built
Post Census
New Residents
Post Census
[2] Source: US Census DP1 Table. Household population excludes those in
group quarters. Group quarters is estimated with On-Campus Students in
another figure.
Bozeman, MT 2020 Census
New Residents
Post Census 2023 Estimate
Housing Units PPHH
Single-Unit Dwelling 14,654 7%967 2.48 2,399
Other Residential 11,928 8%930 1.92 1,786
Total 26,582 1,898 4,185
Seasonal
Residents
Seasonal
Units
% Seasonal
Units
2023
Housing Units
Total Lodging Rooms 2,241
Assumed Ave Occupancy 2
Assumed Occupancy Rate 95%
Total Overnight-Visitors 4,258
Source: TischlerBise survey of lodging property
and general peak season lodging factors
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Figure 26. Base Year Housing and Population
Base Year
2023
Permanent Hsg Population [1]55,086
Seasonal Hsg Population [2]4,185
On-Campus Students [3]5,200
Overnight-Visitors [4]4,258
Total Peak Population 68,729
Housing Units [1]
Single-Unit Dwelling 14,654
Other Residential 11,928
Total Housing Units 26,582
Bozeman, MT
[1] Calculated based on 2020 US Census estimate
plus housing development since
[2] Assuming seasonal housing is fully occupied
during peak season
[3] MSU News Service (September, 2023)
[4] TischlerBise survey of lodging property and
general peak season lodging factors
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Housing Unit and Population Projections
The ten-year residential projections are listed in Figure 27. Housing development in Bozeman is assumed to continue at its current pace over the
next ten years. Overall, over the next ten years, 2,280 new single-unit dwellings and 7,660 other residential units are assumed to be constructed.
As a result of the market supporting more non-single-unit dwelling development, by 2033 there will be more non-single-unit dwelling units than
single-unit dwellings in Bozeman.
Population growth is based on housing development and PPHH factors. Over the next ten years, housing development will support 18,841 new
permanent residents and 1,520 seasonal residents. It is assumed that visitors to Bozeman will grow at the same rate as the resident population.
Lastly, MSU has built a new dormitory every five years and is currently exploring another expansion. Conservatively, a 1 percent annual growth is
assumed for on-campus students. Overall, the peak population is estimated to grow from 68,729 to 91,099, a 32.5 percent increase.
Figure 27. Residential Development Projections
Importantly, the impact fee methodology does not rely on the growth projections to determine the fee amount. Rather, the current level of service
is used in the fee calculation. In this case, if the growth projections included in the report overestimate or underestimate the real development in
Bozeman, the fee collection is still accurate. For example, if growth is slower than the 10-year projection, less revenue will be collected, however,
the City will provide less capital expansion to keep up with the level of service.
Base Year
City of Bozeman, MT 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Permanent Hsg Population [1]55,086 56,970 58,855 60,739 62,623 64,507 66,391 68,275 70,159 72,043 73,928 18,841
Seasonal Hsg Population [1]4,185 4,337 4,489 4,641 4,793 4,945 5,097 5,249 5,401 5,553 5,705 1,520
On-Campus Students [2]5,200 5,252 5,305 5,358 5,412 5,466 5,521 5,576 5,632 5,688 5,745 545
Overnight-Visitors [3]4,258 4,404 4,551 4,697 4,843 4,989 5,136 5,282 5,428 5,574 5,721 1,463
Total Peak Population 68,729 70,964 73,199 75,435 77,671 79,907 82,145 84,382 86,621 88,859 91,099 22,369
3.3%3.2%3.1%3.0%2.9%2.8%2.7%2.7%2.6%2.5%32.5%
Housing Units [4]
Single-Unit Dwelling 14,654 14,882 15,110 15,338 15,566 15,794 16,022 16,250 16,478 16,706 16,934 2,280
Other Residential 11,928 12,694 13,460 14,226 14,992 15,758 16,524 17,290 18,056 18,822 19,588 7,660
Total Housing Units 26,582 27,576 28,570 29,564 30,558 31,552 32,546 33,540 34,534 35,528 36,522 9,940
[1] Permanent and seasonal population growth is based on housing development and PPHH factors
[2] On-campus residences are conservatively assumed to grow by 1 percent annually
[3] Visitor population is estimate to grow at the same rate as permanent and seasonal population
[4] Housing development is based on the recent building permit trends without the 2021 peak development year
Total
Increase
Percent Increase
476
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31
Current Employment and Nonresidential Floor Area
The impact fee study will include nonresidential development as well. The base year employment
estimates are calculated from two sources. First, from the Montana Department of Labor & Industry there
is an estimated 34,569 total jobs in Bozeman. Second, from the U.S. Census Bureau OnTheMap web
application employment splits are found between retail, office, industrial, and institutional industries. As
a result, the institutional industries (which include education and healthcare) account for the highest
share while retail industries employee over 10,000 jobs as well.
Furthermore, the floor area for the four industry types is summarized in Figure 28. Retail, office, and
industrial square footage is available from the Montana Department of Revenue (DOR). However, since
public education and healthcare facilities are tax exempt the DOR does not gather floor space for such
development. Instead, TischlerBise applied the average employee density factors (square feet per
employee) for schools and hospitals to the estimated institutional job total to estimate floor area. As a
result, there are 22.4 million square feet of nonresidential development in Bozeman. The majority being
institutional and retail industries.
Figure 28. Base Year Nonresidential Floor Area
Employment and Nonresidential Floor Area Projections
The Bozeman Community Plan 2020 provides an in-depth analysis of the local market and buildout
capacity of the city. Through 2045, the Community Plan projected a growth of 6.3 million square feet of
nonresidential development broken down by retail, office, industrial, and institutional industries. The ten-
year growth projections from the impact fee studies relies on these projections along with employee
density factors from the Institution of Transportation Engineers’ (ITE). For the retail industry the Shopping
Center land use factors are used; for office the General Office factors are used; for industrial the Light
Industrial factors are used; for Institutional the Hospital factors are used.
Figure 29. Institute of Transportation Engineers (ITE) Employment Density Factors
Employment
Industries
Base Year
Jobs [1]
Percent
of Total
Floor Area
(sq. ft.) [2]
Percent
of Total
Retail 10,116 29%7,855,849 35%
Office 7,798 23%3,025,341 14%
Industrial 5,042 15%3,204,452 14%
Institutional [3]11,612 34%8,278,652 37%
Total 34,569 100%22,364,294 100%
[3] Source: Trip Generation, Institute of Transportation Engineers,
11th Edition (2021)
[1] Source: MT Employment Statistics - LAUS
[2] Source: Montana Department of Revenue Database
Employment ITE Demand Emp Per Sq Ft
Industry Code Land Use Unit Dmd Unit Per Emp
Retail 820 Shopping Center 1,000 Sq Ft 2.12 471
Office 710 General Office 1,000 Sq Ft 3.26 307
Industrial 110 Light Industrial 1,000 Sq Ft 1.57 637
Institutional 610 Hospital 1,000 Sq Ft 2.86 350
Source: Trip Generation , Institute of Transportation Engineers, 11th Edition (2021)
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Shown in Figure 30, Bozeman is anticipated to grow by 6,075 jobs (17.6 percent) over the next ten years. Institutional, office, and retail industries
all have significant growth while industrial development is anticipated to taper off. Based on the employee density factors, the employment growth
will generate 2,250,000 million square feet of nonresidential floor area (10 percent growth from the base year).
Figure 30. Employment and Nonresidential Floor Area Projections
Base Year
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Jobs [1]
Retail 10,116 10,222 10,329 10,435 10,541 10,647 10,753 10,859 10,966 11,072 11,178 1,062
Office 7,798 7,996 8,194 8,391 8,589 8,787 8,985 9,182 9,380 9,578 9,776 1,978
Industrial 5,042 5,070 5,098 5,126 5,154 5,182 5,210 5,238 5,266 5,295 5,323 280
Institutional 11,612 11,888 12,164 12,439 12,715 12,990 13,266 13,541 13,817 14,092 14,368 2,755
Total 34,569 35,176 35,784 36,391 36,999 37,606 38,214 38,821 39,429 40,036 40,644 6,075
1.8%1.7%1.7%1.7%1.6%1.6%1.6%1.6%1.5%1.5%17.6%
Nonresidential Floor Area (1,000 sq. ft.) [2]
Retail 7,856 7,906 7,956 8,006 8,056 8,106 8,156 8,206 8,256 8,306 8,356 500
Office 3,025 3,086 3,147 3,207 3,268 3,329 3,390 3,450 3,511 3,572 3,632 607
Industrial 3,204 3,222 3,240 3,258 3,276 3,294 3,312 3,329 3,347 3,365 3,383 179
Institutional 8,279 8,375 8,472 8,568 8,664 8,761 8,857 8,954 9,050 9,147 9,243 964
Total 22,364 22,589 22,814 23,039 23,264 23,489 23,714 23,939 24,164 24,389 24,614 2,250
[1] Source: Bozeman Community Plan (2020)
[2] Source: Institute of Transportation Engineers, Trip Generation , 2021
Industry
Total
Increase
Percent Increase
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Bozeman, Montana
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Vehicle Trip Generation
Residential Vehicle Trips by Housing Type
A customized trip rate is calculated for the single-unit dwellings and other residential units in Bozeman.
In Figure 31, the most recent data from the US Census American Community Survey is input into equations
provided by the Institute of Transportation Engineers to calculate the trip ends per housing unit factor. A
single-unit dwelling is estimated to generate 9.27 trip ends and other residential units are estimated to
generate 5.36 trip ends on an average weekday.
Figure 31. Customized Residential Trip End Rates by Housing Type
Owner-Occupied 19,262 8,463 889 9,352 2.06
Renter-Occupied 20,735 4,071 7,562 11,633 1.78
Total 39,997 12,534 8,451 20,985 1.91
13,355 9,110 22,465
Persons in Trip Vehicles by Trip Average National Trip
Households4 Ends5 Type of Unit Ends6 Trip Ends Ends per Unit7
Single-Unit Dwelling 31,140 86,764 24,680 160,855 123,810 9.27 9.43
Other Residential 16,235 37,097 15,292 60,543 48,820 5.36 4.54
Total 47,375 123,861 39,972 221,398 172,630 7.68
7. Trip Generation, Institute of Transportation Engineers, 11th Edition (2021).
Local Trip
Ends per Unit
1. Vehicles available by tenure from Table B25046, 2020 American Community Survey 5-Year Estimates.
3. Housing units from Table B25024, 2020 American Community Survey 5-Year Estimates.
4. Total population in households from Table B25033, 2020 American Community Survey 5-Year Estimates.
5. Vehicle trips ends based on persons using formulas from Trip Generation (ITE 2021). For single-family housing
(ITE 210), the fitted curve equation is EXP(0.89*LN(persons)+1.72). To approximate the average population of the
ITE studies, persons were divided by 3 and the equation result multiplied by 3. For multi-family housing (ITE 221),
the fitted curve equation is (2.29*persons)-64.48 (ITE 2017).
6. Vehicle trip ends based on vehicles available using formulas from Trip Generation (ITE 2021). For single-family
housing (ITE 210), the fitted curve equation is EXP(0.92*LN(vehicles)+2.68). To approximate the average number of
vehicles in the ITE studies, vehicles available were divided by 5 and the equation result multiplied by 5. For multi-
family housing (ITE 221), the fitted curve equation is (4.77*vehicles)-46.46 (ITE 2021).
2. Households by tenure and units in structure from Table B25032, 2020 American Community Survey 5-Year
Estimates.
Vehicles per
HH by Tenure
Housing Units3
Housing Type
Households by Structure Type2
Tenure by Units
in Structure
Vehicles
Available1
Single
Family Multifamily Total
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Residential Vehicle Trips Adjustment Factors
A vehicle trip end is the out-bound or in-bound leg of a vehicle trip. As a result, so as to not double count
trips, a standard 50 percent adjustment is applied to trip ends to calculate a vehicle trip. For example, the
out-bound trip from a person’s home to work is attributed to the housing unit and the trip from work back
home is attributed to the employer.
However, an additional adjustment is necessary to capture city residents’ work bound trips that are
outside of the city. The trip adjustment factor includes two components. According to the National
Household Travel Survey, home-based work trips are typically 31 percent of out-bound trips (which are
50 percent of all trip ends). Also, utilizing the most recent data from the Census Bureau's web application
"OnTheMap”, 40 percent of Bozeman workers travel outside the city for work. In combination, these
factors account for 6 percent of additional production trips (0.31 x 0.50 x 0.40 = 0.06). Shown in Figure 32,
the total adjustment factor for residential housing units includes attraction trips (50 percent of trip ends)
plus the journey-to-work commuting adjustment (6 percent of production trips) for a total of 56 percent.
Figure 32. Residential Trip Adjustment Factor for Commuters
Nonresidential Vehicle Trips
Vehicle trip generation for nonresidential land uses are calculated by using ITE’s average daily trip end
rates and adjustment factors found in their recently published 11th edition of Trip Generation. To estimate
the trip generation in Bozeman, the weekday trip end per 1,000 square feet factors listed in Figure 33 are
used. The prior service area report used the 10th Edition of the Trip Generation. The latest edition includes
travel surveys since the previous edition ensuring changes in travel behavior is being captured in the
update.
Figure 33. Institute of Transportation Engineers Nonresidential Factors
For nonresidential land uses, the standard 50 percent adjustment is applied to office, industrial, and
institutional development. A lower vehicle trip adjustment factor is used for retail development because
Employed Bozeman Residents (2020)25,702
Residents Working in Bozeman (2020)15,447
Residents Commuting Outside of Bozeman for Work 10,255
Percent Commuting Out of Bozeman 40%
Additional Production Trips 6%
Standard Trip Adjustment Factor 50%
Residential Trip Adjustment Factor 56%
Source: U.S. Census, OnTheMap Application, 2020
Trip Adjustment Factor for Commuters
Employment ITE Demand Wkdy Trip Ends Wkdy Trip Ends
Industry Code Land Use Unit Per Dmd Unit Per Employee
Retail 820 Shopping Center 1,000 Sq Ft 37.01 17.42
Office 710 General Office 1,000 Sq Ft 10.84 3.33
Industrial 110 Light Industrial 1,000 Sq Ft 4.87 3.10
Institutional 610 Hospital 1,000 Sq Ft 10.77 3.77
Source: Trip Generation, Institute of Transportation Engineers, 11th Edition (2021)
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35
this type of growth attracts vehicles as they pass-by on arterial and collector roads. For example, when
someone stops at a convenience store on their way home from work, the convenience store is not their
primary destination.
In Figure 34, the Institute for Transportation Engineers’ land use code, daily vehicle trip end rate, and trip
adjustment factor is listed for each land use.
Figure 34. Daily Vehicle Trip Factors
Residential (per housing unit)
Single-Unit Dwelling 210 9.27 56%5.19
Other Residential 220 5.36 56%3.00
Nonresidential (per 1,000 square feet)
Retail 820 37.01 38%14.06
Office 710 10.84 50%5.42
Industrial 110 4.87 50%2.44
Institutional 610 10.77 50%5.39
Land Use
ITE
Codes
Daily Vehicle
Trip Ends
Trip Adj.
Factor
Daily Vehicle
Trips
Source: Trip Generation, Institute of Transportation Engineers, 11th Edition
(2021); National Household Travel Survey, 2009
481
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Vehicle Trip Projections
The base year vehicle trip totals and vehicle trip projections are calculated by combining the vehicle trip end factors, the trip adjustment factors,
and the residential and nonresidential assumptions for housing stock and floor area. Citywide, residential land uses account for 111,875 vehicle
trips and nonresidential land uses account for 179,264 vehicle trips in the base year (Figure 35).
Through 2033, it is projected that daily vehicle trips will increase by 50,788 trips with the majority of the growth being generated by residential
development (69 percent).
Figure 35. Vehicle Trip Projections
Base Year
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Residential Trips
Single-Unit Dwelling 76,072 77,255 78,439 79,623 80,806 81,990 83,173 84,357 85,541 86,724 87,908 11,836
Other Residential 35,803 38,102 40,402 42,701 45,000 47,299 49,598 51,898 54,197 56,496 58,795 22,992
Subtotal 111,875 115,358 118,841 122,323 125,806 129,289 132,772 136,255 139,737 143,220 146,703 34,828
Nonresidential Trips
Retail 110,483 111,186 111,889 112,593 113,296 113,999 114,702 115,405 116,109 116,812 117,515 7,032
Office 16,397 16,726 17,055 17,385 17,714 18,043 18,372 18,701 19,030 19,359 19,688 3,291
Industrial 7,803 7,846 7,890 7,933 7,977 8,020 8,064 8,107 8,151 8,194 8,238 435
Institutional 44,581 45,100 45,619 46,138 46,658 47,177 47,696 48,215 48,735 49,254 49,773 5,193
Subtotal 179,264 180,859 182,454 184,049 185,644 187,239 188,834 190,429 192,024 193,619 195,214 15,950
Vehicle Trips
Grand Total 291,139 296,217 301,294 306,372 311,450 316,528 321,606 326,684 331,761 336,839 341,917 50,778
Source: Institute of Transportation Engineers, Trip Generation, 11th Edition (2021)
Total
IncreaseDevelopment Type
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Demand Indicators by Dwelling Size
Impact fees must be proportionate to the demand for infrastructure. Because averages per household,
for both persons and vehicle trip ends, have a strong, positive correlation to the square footage of the
dwelling unit, TischlerBise recommends residential fee schedules by the size of the unit (consistent with
the City of Bozeman’s current fee schedule).
Bozeman Control Totals
According to the U.S. Census Bureau, Bozeman single-unit dwellings have an average household size of
2.48 persons and other residential units have an average household size of 1.92 persons.
Figure 36. Persons per Household
Trip generation rates are also dependent upon the average number of vehicles available per dwelling. Key
independent variables needed for the analysis (i.e., vehicles available, households, and persons) are
available from the U.S. Census Bureau American Community Survey (ACS), indicating an average of 1.90
vehicles per household in Bozeman.
Figure 37. Vehicles per Household
Demand Indicators by Dwelling Size
Custom tabulations of demographic data by bedroom range can be created from individual survey
responses provided by the U.S. Census Bureau in files known as Public Use Microdata Samples (PUMS).
PUMS files are only available for areas of at least 100,000 persons with Bozeman included in Public Use
Microdata Areas (PUMA) 400.
Housing Persons per Persons per Housing
Housing Type Persons Units Housing Unit Households Household Unit Mix
Single-Unit Dwelling [1]31,140 13,355 2.33 12,534 2.48 59%
Other Residential [2]16,235 9,110 1.78 8,451 1.92 41%
Subtotal 47,375 22,465 2.11 20,985 2.26
[1] Includes attached and detached single family homes and mobile homes
[2] Includes all other types
Source: U.S. Census Bureau, 2021 American Community Survey 5-Year Estimates
Owner-occupied 19,262 8,463 889 9,352 2.06
Renter-occupied 20,735 4,071 7,562 11,633 1.78
Total 39,997 12,534 8,451 20,985 1.91
Single-Unit Dwelling [1]24,680 12,534 1.97
Other Residential [2]15,292 8,451 1.81
Total 39,972 20,985 1.90
Source: U.S. Census Bureau, 2021 American Community Survey 5-Year Estimates
Vehicles per
HH by Tenure
Housing Type Vehicles
Available
Housing
Units
Vehicles per
Housing Unit
Households
Tenure Vehicles
Available
Single
Family Multifamily Total
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Bozeman, Montana
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Cells shaded yellow below are survey results for PUMA 400. Unadjusted persons per household (2.31),
derived from PUMS data for the PUMA listed above, are adjusted downward to match the control totals
for Bozeman (2.26), as shown above in Figure 36. Adjusted persons per household totals are shaded in
gray.
Figure 38. Persons by Bedroom Range
Persons by Dwelling Size
Average floor area and number of persons by bedroom range are plotted in Figure 39 with a logarithmic
trend line derived from 2021 square footage estimates provided by the U.S. Census Bureau (West Region).
Dwellings with two bedrooms or less average 1,032 square feet of floor area—based on multifamily
dwellings constructed in the West Census Region. Three-bedroom dwellings average 2,118 square feet,
four-bedroom dwellings average 2,932 square feet, and dwellings with five or more bedrooms average
4,269 square feet—based on single-unit dwellings constructed in the West Census Region. Using the trend
line formula shown in the chart, TischlerBise derived the estimated average number of persons, by
dwelling size, using 19 size thresholds, expanding the low and high range of the fee schedule.
As shown in the upper-right corner of the table below, the smallest floor area range (under 600 square
feet) has an estimated average of 1.06 persons per dwelling. The largest floor area range (4,001 square
feet or more) has an estimated average of 3.08 persons per dwelling.
0-2 2,180 2,204 1,273 33%1.71 1.68 1.73 1.46
3 3,508 3,443 1,471 38%2.38 2.33 2.34 1.97
4 2,173 2,139 798 21%2.72 2.67 2.68 2.25
5+1,070 958 327 8%3.27 3.20 2.93 2.46
Total 8,931 8,744 3,869 100%2.31 2.26 2.26 1.90
[1] American Community Survey, Public Use Microdata Sample for Montana PUMA 400 (2021 5-Year unweighted data).
[2] Adjusted multipliers are scaled to make the average PUMS values match control totals for Bozeman based on 2021
American Community Survey 5-Year Estimates.
Unadjusted
PPHH
Adjusted
PPHH2
Unadjusted
VPHH
Adjusted
VPHH2
Bedroom
Range Persons1
Vehicles
Available1 Households1
Housing
Mix
484
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Bozeman, Montana
39
Figure 39. Persons by Dwelling Size
Person by Dwelling Size and Housing Type
The PPHH factors in Figure 39 represents an average over all housing types in Bozeman. An equivalent
dwelling unit (EDU) analysis is completed to calculate the PPHH by size for single-unit dwellings and other
residential units.
Shown in Figure 40, one single-unit EDU is set to the average sized single-unit dwelling in Bozeman (2,201
to 2,400 square feet). The EDU factor for the other size thresholds is found by comparing the PPHH factors,
for example, a single-unit dwelling from 1,801 to 2,000 square feet is 0.92 EDUs (2.28 PPHH / 2.48 PPHH
= 0.92 EDUs).
Bedrooms Square Feet Persons Sq Ft Range Persons
0-2 1,032 1.68 Under 600 1.06
3 2,118 2.33 600 to 800 1.23
4 2,932 2.67 801 to 1,000 1.49
5+4,269 3.20 1,001 to 1,200 1.70
1,201 to 1,400 1.88
1,401 to 1,600 2.03
1,601 to 1,800 2.16
1,801 to 2,000 2.28
2,001 to 2,200 2.38
2,201 to 2,400 2.48
2,401 to 2,600 2.56
2,601 to 2,800 2.64
2,801 to 3,000 2.72
3,001 to 3,200 2.79
3,201 to 3,400 2.85
3,401 to 3,600 2.92
3,601 to 3,800 2.97
3,801 to 4,000 3.03
4,001 or More 3.08
Actual Averages per Hsg Unit Fitted-Curve Values
y = 1.0498ln(x) -5.6504
R² = 0.9878
0.00
0.50
1.00
1.50
2.00
2.50
3.00
3.50
0 1,000 2,000 3,000 4,000 5,000Person per HouseholdSquare Feet of Living Area
Persons per Household by
Square Feet of Dwelling
Average persons per household derived from
2021 ACS PUMS data for the area that
includes Bozeman. Unit size for 0-2 bedroom
is from the 2021 U.S. Census Bureau average for all multifamily units constructed in the
Census West region. Unit size for all other
bedrooms is from the 2021 U.S. Census
Bureau average for single-unit dwellings
constructed in the Census Mountain division.
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The EDU factors for the size threshold is then combined with the average PPHH for single-unit dwelling.
For example, found with US Census ACS 2021 data (Figure 21) the average single-unit dwelling home in
Bozeman is 2.48 persons, thus a single-unit home from 1,801 to 2,000 square feet is 2.28 persons (0.92
EDUs x 2.48 persons = 2.28 persons per household).
Figure 40. Single-Unit Dwelling PPHH by Size
Shown in Figure 41, one Other Residential EDU is set to the average sized Other Residential dwelling in
Bozeman (1,401 to 1,600 square feet). The EDU factor for the other size thresholds is found by comparing
the PPHH factors, for example, a unit from 1,001 to 1,200 square feet is 0.84 EDUs (1.70 PPHH / 2.03 PPHH
= 0.84 EDUs).
The EDU factors for the size threshold is then combined with the average PPHH for other residential
dwellings. For example, found with US Census ACS 2021 data (Figure 21) the average other residential
dwelling home in Bozeman is 1.92 persons, thus a single-unit home from 1,001 to 1,200 square feet is
1.61 persons (0.84 EDUs x 1.92 persons = 1.61 persons per household).
Single-Unit Dwelling including Townhomes
Single-Unit
EDU Factor PPHH
Under 600 1.06 0.43 1.06
600 to 800 1.23 0.50 1.23
801 to 1,000 1.49 0.60 1.49
1,001 to 1,200 1.70 0.69 1.70
1,201 to 1,400 1.88 0.76 1.88
1,401 to 1,600 2.03 0.82 2.03
1,601 to 1,800 2.16 0.87 2.16
1,801 to 2,000 2.28 0.92 2.28
2,001 to 2,200 2.38 0.96 2.38
2,201 to 2,400 (avg. single)2.48 1.00 2.48
2,401 to 2,600 2.56 1.03 2.56
2,601 to 2,800 2.64 1.06 2.64
2,801 to 3,000 2.72 1.10 2.72
3,001 to 3,200 2.79 1.13 2.79
3,201 to 3,400 2.85 1.15 2.85
3,401 to 3,600 2.92 1.18 2.92
3,601 to 3,800 2.97 1.20 2.97
3,801 to 4,000 3.03 1.22 3.03
4,001 or More 3.08 1.24 3.08
Average 2.48
Dwelling Size
(squre feet)
Overall
PPHH
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41
Figure 41. Other Residential PPHH by Size
Other Residential
Other Res.
EDU Factor PPHH
Under 600 1.06 0.52 1.00
600 to 800 1.23 0.61 1.16
801 to 1,000 1.49 0.73 1.41
1,001 to 1,200 1.70 0.84 1.61
1,201 to 1,400 1.88 0.93 1.78
1,401 to 1,600 (avg. other)2.03 1.00 1.92
1,601 to 1,800 2.16 1.06 2.04
1,801 to 2,000 2.28 1.12 2.16
2,001 to 2,200 2.38 1.17 2.25
2,201 to 2,400 2.48 1.22 2.35
2,401 to 2,600 2.56 1.26 2.42
2,601 to 2,800 2.64 1.30 2.50
2,801 to 3,000 2.72 1.34 2.57
3,001 to 3,200 2.79 1.37 2.64
3,201 to 3,400 2.85 1.40 2.70
3,401 to 3,600 2.92 1.44 2.76
3,601 to 3,800 2.97 1.46 2.81
3,801 to 4,000 3.03 1.49 2.87
4,001 or More 3.08 1.52 2.91
Average 1.92
Overall
PPHH
Dwelling Size
(squre feet)
487
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Trip Generation by Dwelling Size
Rather than rely on one methodology, the recommended trip generation rates shown at the bottom of Figure 42, shaded gray, are an average of
trip rates based on persons and vehicles available for all types of housing units. In Bozeman, the average household is expected to yield 8.86 average
weekday vehicle trip ends (AWVTE), compared to the national weighted average of 7.45 trip ends per household.
Figure 42. Average Weekday Vehicle Trip Ends by Bedroom Range
0-2 2,180 2,204 1,273 33%1.71 1.68 1.73 1.46
3 3,508 3,443 1,471 38%2.38 2.33 2.34 1.97
4 2,173 2,139 798 21%2.72 2.67 2.68 2.25
5+1,070 958 327 8%3.27 3.20 2.93 2.46
Total 8,931 8,744 3,869 100%2.31 2.26 2.26 1.90
National Averages According to ITE
210 SFD 2.65 6.36 9.43 59%3.56 1.48
221 Apt 3.31 5.10 4.54 41%1.37 0.89
Weighted Avg 2.92 5.85 7.45 100%2.67 1.24
Recommended AWVTE per Household
0-2 4.91 8.54 6.73
3 6.80 11.52 9.16
4 7.80 13.16 10.48
5+9.34 14.39 11.87
Average 6.60 11.12 8.86
210 SFD 6.80 11.52 9.16 2.33 1.97
220 Apt 5.20 10.59 7.90 1.78 1.81
All Types 6.16 11.12 8.64 2.11 1.90
Unadjusted
VPHH
Bedroom
Range
AWVTE per
HH Based
on Persons3
AWVTE per
HH Based
on Vehicles4
AWVTE per
Household5
ITE Code AWVTE
per Person
AWVTE
per Vehicle
AWVTE
per HH
Unadjusted
PPHH
Unadjusted
PPHH
Adjusted
PPHH2
Unadjusted
VPHH
Adjusted
VPHH2
ITE Code AWVTE
per Person
AWVTE
per Vehicle
AWVTE
per HH
Housing
Mix
Persons per
Household
Vehicles per
Household
Bedroom
Range Persons1
Vehicles
Available1 Households1
Housing
Mix
1.American Community Survey,Public Use Microdata
Sample for Montana PUMA 400 (2021 5-Year unweighted
data).
2.Adjusted multipliers are scaled to make the average PUMSvaluesmatchcontroltotalsforBozemanbasedon2021
American CommunitySurvey 5-Year Estimates.3.Adjusted persons per household multiplied by national
weighted average triprate perperson.
4.Adjusted vehicles available per household multiplied by
national weighted average trip rateper vehicle.5.Average trip rates based on persons and vehicles per
household.
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Vehicle Trip Ends by Dwelling Size
To derive AWVTE by dwelling size, TischlerBise matched trip generation rates and average floor area, by
bedroom range, as shown in Figure 43, with a logarithmic trend line derived from 2021 square footage
estimates provided by the U.S. Census Bureau (West Region). Using the trend line formula shown in the
chart, TischlerBise derived the estimated average weekday vehicle trip ends, by dwelling size, using 19
size thresholds, expanding the low and high range of the fee schedule.
As shown in the upper-right corner of the table below, the smallest floor area range (under 600 square
feet) generates an estimated average of 4.70 trip ends per dwelling. The largest floor area range (4,001
square feet or more) generates an estimated average of 11.68 trip ends per dwelling.
Figure 43. Vehicle Trip Ends by Dwelling Size
Bedrooms Square Feet Trip Ends Sq Ft Range Trip Ends
0-2 1,032 6.73 Under 600 4.70
3 2,118 9.16 600 to 800 5.27
4 2,932 10.48 801 to 1,000 6.18
5+4,269 11.87 1,001 to 1,200 6.91
1,201 to 1,400 7.51
1,401 to 1,600 8.03
1,601 to 1,800 8.49
1,801 to 2,000 8.89
2,001 to 2,200 9.25
2,201 to 2,400 9.58
2,401 to 2,600 9.88
2,601 to 2,800 10.16
2,801 to 3,000 10.42
3,001 to 3,200 10.66
3,201 to 3,400 10.89
3,401 to 3,600 11.10
3,601 to 3,800 11.30
3,801 to 4,000 11.50
4,001 or More 11.68
Actual Averages per Hsg Unit Fitted-Curve Values
y = 3.6254ln(x) -18.482
R² = 0.9986
0.00
2.00
4.00
6.00
8.00
10.00
12.00
14.00
0 1,000 2,000 3,000 4,000 5,000Trip Ends per HouseholdSquare Feet of Living Area
Vehicle Trips by
Square Feet of Dwelling
Vehicle trips by dwelling size are derived
from 2021 ACS PUMS data for the area that
includes Bozeman. Unit size for 0-2 bedroom
is from the 2021 U.S. Census Bureau average
for all multifamily units constructed in the
Census West region. Unit size for all other
bedrooms is from the 2021 U.S. Census
Bureau average for single-unit dwellings
constructed in the Census Mountain division.
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44
Vehicle Trip Ends by Dwelling Size and Housing Type
The vehicle trip end factors in Figure 43 represents an average over all housing types in Bozeman. An
equivalent dwelling unit (EDU) analysis is completed to calculate the trip ends by size for single-unit
dwellings and other residential units. Shown in Figure 44, one single-unit EDU is set to the average sized
single-unit dwelling in Bozeman (2,201-2,400 square feet). The EDU factor for the other size thresholds is
found by comparing the trip factors, for example, homes from 1,801 to 2,000 square feet are 0.93 EDUs
(8.89 trip ends / 9.58 trip ends = 0.93 EDUs).
The EDU factors for the size threshold is then combined with the average trip end factor for single-unit
dwellings to find the trip ends by size. For example, found with US Census ACS 2021 data (Figure 31) the
average single-unit dwelling in Bozeman generates 9.27 trip ends, thus a single-unit dwelling from 1,801
to 2,000 square feet has a trip end factor of 8.60 (0.93 EDUs x 9.27 trip ends = 8.60 trip ends per
household).
Figure 44. Single-Unit Dwelling Trip Ends by Size
Shown in Figure 45, one Other Residential EDU is set to the average sized Other Residential dwelling in
Bozeman (1,401 to 1,600 square feet). The EDU factor for the other size thresholds is found by comparing
the trip factors, for example, homes from 1,001 to 1,200 square feet are 0.86 EDUs (6.91 trip ends / 8.03
trip ends = 0.86 EDUs).
The EDU factors for the size threshold is then combined with the average trip end factor for other
residential dwellings to find the trip ends by size. For example, found with US Census ACS 2021 data
(Figure 31) the average other residential dwelling in Bozeman generates 5.36 trip ends, thus an Other
Single-Unit Dwelling including Townhomes
Single-Unit
EDU Factor Trip Ends
Under 600 4.70 0.49 4.55
600 to 800 5.27 0.55 5.10
801 to 1,000 6.18 0.65 5.98
1,001 to 1,200 6.91 0.72 6.69
1,201 to 1,400 7.51 0.78 7.27
1,401 to 1,600 8.03 0.84 7.77
1,601 to 1,800 8.49 0.89 8.22
1,801 to 2,000 8.89 0.93 8.60
2,001 to 2,200 9.25 0.97 8.95
2,201 to 2,400 (avg. single)9.58 1.00 9.27
2,401 to 2,600 9.88 1.03 9.56
2,601 to 2,800 10.16 1.06 9.83
2,801 to 3,000 10.42 1.09 10.08
3,001 to 3,200 10.66 1.11 10.32
3,201 to 3,400 10.89 1.14 10.54
3,401 to 3,600 11.10 1.16 10.74
3,601 to 3,800 11.30 1.18 10.93
3,801 to 4,000 11.50 1.20 11.13
4,001 or More 11.68 1.22 11.30
Average 9.27
Dwelling Size
(squre feet)
Overall
Trip Ends
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45
Residential dwelling from 1,001 to 1,200 square feet has a trip end factor of 4.61 (0.86 EDUs x 5.36 trip
ends = 4.61 trip ends per household).
Figure 45. Other Residential Trip Ends by Size
Other Residential
Other Res.
EDU Factor Trip Ends
Under 600 4.70 0.59 3.14
600 to 800 5.27 0.66 3.52
801 to 1,000 6.18 0.77 4.13
1,001 to 1,200 6.91 0.86 4.61
1,201 to 1,400 7.51 0.94 5.01
1,401 to 1,600 (avg. other)8.03 1.00 5.36
1,601 to 1,800 8.49 1.06 5.67
1,801 to 2,000 8.89 1.11 5.93
2,001 to 2,200 9.25 1.15 6.17
2,201 to 2,400 9.58 1.19 6.39
2,401 to 2,600 9.88 1.23 6.59
2,601 to 2,800 10.16 1.27 6.78
2,801 to 3,000 10.42 1.30 6.96
3,001 to 3,200 10.66 1.33 7.12
3,201 to 3,400 10.89 1.36 7.27
3,401 to 3,600 11.10 1.38 7.41
3,601 to 3,800 11.30 1.41 7.54
3,801 to 4,000 11.50 1.43 7.68
4,001 or More 11.68 1.45 7.80
Average 5.36
Overall
Trip Ends
Dwelling Size
(squre feet)
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46
APPENDIX B: LAND USE DEFINITIONS
Residential Development
Single-Unit Dwelling:
1. Single-family detached is a one-unit structure detached from any other house, that is, with open
space on all four sides. Such structures are considered detached even if they have an adjoining shed
or garage. A one-family house that contains a business is considered detached as long as the building
has open space on all four sides.
2. Single-family attached (townhouse) is a one-unit structure that has one or more walls extending
from ground to roof separating it from adjoining structures. In row houses (sometimes called
townhouses), double houses, or houses attached to nonresidential structures, each house is a
separate, attached structure if the dividing or common wall goes from ground to roof.
3. Mobile home includes both occupied and vacant mobile homes, to which no permanent rooms have
been added, are counted in this category. Mobile homes used only for business purposes or for
extra sleeping space and mobile homes for sale on a dealer's lot, at the factory, or in storage are
not counted in the housing inventory.
Other Residential:
1. 2+ units (duplexes and apartments) are units in structures containing two or more housing units,
further categorized as units in structures with “2, 3 or 4, 5 to 9, 10 to 19, 20 to 49, and 50 or more
apartments.”
2. Boat, RV, Van, etc. includes any living quarters occupied as a housing unit that does not fit the other
categories (e.g., houseboats, railroad cars, campers, and vans). Recreational vehicles, boats, vans,
railroad cars, and the like are included only if they are occupied as a current place of residence. Such
living quarters are only allowed under Bozeman zoning under unusual temporary conditions.
Nonresidential Development
Nonresidential development categories represent general groups of land uses that share similar average
weekday vehicle trip generation rates and employment densities (i.e., jobs per 1,000 square feet).
Retail: Establishments primarily selling merchandise, eating/drinking places, and entertainment uses. By
way of example, Retail includes shopping centers, supermarkets, pharmacies, restaurants, bars,
nightclubs, automobile dealerships, and movie theaters.
Industrial: Establishments primarily engaged in the production, transportation, or storage of goods. By
way of example, Industrial includes manufacturing plants, distribution warehouses, trucking companies,
utility substations, power generation facilities, and telecommunications buildings.
Office: Establishments providing management, administrative, professional, or business services. By way
of example, Office can include business offices, office parks, and corporate headquarters.
Institutional: Establishments providing education and healthcare services. By way of example,
Institutional includes universities, nursing homes, daycare facilities, and hospitals.
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MCA Contents / TITLE 7 / CHAPTER 6 / Part 16 / 7-6-1602 Calculation of…
Montana Code Annotated 2023
TITLE 7. LOCAL GOVERNMENT
CHAPTER 6. FINANCIAL ADMINISTRATION AND TAXATION
Part 16. Impact Fees to Fund Capital Improvements
Calculation Of Impact Fees -- Documentation
Required -- Ordinance Or Resolution --
Requirements For Impact Fees
7-6-1602. Calculation of impact fees -- documentation required -- ordinance or resolution --
requirements for impact fees. (1) For each public facility for which an impact fee is imposed, the governmental
entity shall prepare and approve a service area report.
(2) The service area report is a written analysis that must:
(a) describe existing conditions of the facility;
(b) establish level-of-service standards;
(c) forecast future additional needs for service for a defined period of time;
(d) identify capital improvements necessary to meet future needs for service;
(e) identify those capital improvements needed for continued operation and maintenance of the facility;
(f) make a determination as to whether one service area or more than one service area is necessary to
establish a correlation between impact fees and benefits;
(g) make a determination as to whether one service area or more than one service area for transportation
facilities is needed to establish a correlation between impact fees and benefits;
(h) establish the methodology and time period over which the governmental entity will assign the proportionate
share of capital costs for expansion of the facility to provide service to new development within each service
area;
(i) establish the methodology that the governmental entity will use to exclude operations and maintenance
costs and correction of existing deficiencies from the impact fee;
(j) establish the amount of the impact fee that will be imposed for each unit of increased service demand; and
(k) have a component of the budget of the governmental entity that:
(i) schedules construction of public facility capital improvements to serve projected growth;
(ii) projects costs of the capital improvements;
(iii) allocates collected impact fees for construction of the capital improvements; and
(iv) covers at least a 5-year period and is reviewed and updated at least every 5 years.
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(3) The service area report is a written analysis that must contain documentation of sources and methodology
used for purposes of subsection (2) and must document how each impact fee meets the requirements of
subsection (7).
(4) The service area report that supports adoption and calculation of an impact fee must be available to the
public upon request.
(5) The amount of each impact fee imposed must be based upon the actual cost of public facility expansion or
improvements or reasonable estimates of the cost to be incurred by the governmental entity as a result of new
development. The calculation of each impact fee must be in accordance with generally accepted accounting
principles.
(6) The ordinance or resolution adopting the impact fee must include a time schedule for periodically updating
the documentation required under subsection (2).
(7) An impact fee must meet the following requirements:
(a) The amount of the impact fee must be reasonably related to and reasonably attributable to the
development's share of the cost of infrastructure improvements made necessary by the new development.
(b) The impact fees imposed may not exceed a proportionate share of the costs incurred or to be incurred by
the governmental entity in accommodating the development. The following factors must be considered in
determining a proportionate share of public facilities capital improvements costs:
(i) the need for public facilities capital improvements required to serve new development; and
(ii) consideration of payments for system improvements reasonably anticipated to be made by or as a result of
the development in the form of user fees, debt service payments, taxes, and other available sources of funding
the system improvements.
(c) Costs for correction of existing deficiencies in a public facility may not be included in the impact fee.
(d) New development may not be held to a higher level of service than existing users unless there is a
mechanism in place for the existing users to make improvements to the existing system to match the higher level
of service.
(e) Impact fees may not include expenses for operations and maintenance of the facility.
History: En. Sec. 2, Ch. 299, L. 2005; amd. Sec. 1, Ch. 358, L. 2009; amd. Sec. 1, Ch. 276, L. 2015.
Created by
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MEMORANDUM
TO: COMMUNITY DEVELOPMENT BOARD
FROM: CHRIS SAUNDERS, COMMUNITY DEVELOPMENT MANAGER
DATE: AUGUST 14, 2024
SUBJECT: IMPACT FEE USE BY OTHER MONTANA COMMUNITIES The Community Development Board expressed interest in the impact fees used by other communities in the state. Staff has surveyed likely communities and obtained information as follows.
Belgrade: Belgrade is currently working on an update to their impact fees. An RFP was issued in March and a consultant was selected. Belgrade has adopted impact fees for Parks, Water, Sewer, Streets, and Fire. Fees were most recently updated in 2019 and have not been inflation adjusted since then. They recently merged fire services with Central Valley Fire District. Fees are charged for both residential and non-residential uses. They do not divide fees as finely as Bozeman does. Fees for a single detached home (no specified size) are: Parks $1,139 Water $4,786 Sewer $2,709 Streets $5,238 Fire $272 Administration fee of 5% $707.20 Missoula: Missoula has adopted impact fees for Community Services (various governmental general functions, vehicles, and equipment), Parks and Open Space, Transportation, Police, and Fire. City-wide fees were updated in 2019. Fees are charged for both residential and non-residential uses. They divide fees similar to how Bozeman does with gradations for housing size but different size bands. Fees for a single detached home (2,400 sq. ft.) are: Community Services $1,406 Parks and Open Space $4,904 Transportation $1,602 Police $151 Fire $506
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Page 2 of 2
Whitefish: Whitefish has adopted impact fees for Water, Sewer, Stormwater, Police, and Fire. Fees were most recently adopted in 2023. Fees are charged for both residential and non-residential uses. They divide some fees by square footage of home but less finely than Bozeman does. Water and sewer are set by meter size for all uses. Fees for a single detached home (2,400 sq. ft.) are: Parks & Recreation $419 Paved Trails $912 City Hall $1,138 Police $551 Fire $790 Water $3,903 Sewer $4,041 Kalispell: Kalispell has adopted impact fees for Water, Sewer, Stormwater, Police, and Fire. Fees were adopted in 2015-2019. They have recently begun inflation adjustments. Fees are charged for both residential and non-residential uses. They do not divide fees as finely as Bozeman does. Fees for a single detached home (no specified size) are: Water $2,138 Sewer $3,240 Stormwater $618 Police $41 Fire $438 Helena, Great Falls, and Billings have not chosen to use impact fees as part of their infrastructure funding approach.
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Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:A Resolution Adopting the 2025 Service Area Report for Water Impact Fees
and Establishing an Effective Date of April 5, 2025
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: Having reviewed and considered the staff
presentation, public comment, and all information presented, I hereby adopt
the findings of the proposed Resolution and adopt the Resolution with an
effective date of April 5, 2025.
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:The City of Bozeman first adopted impact fees in 1996 and has used them
continuously since. The State of Montana authorizes local government
impact fees through Title 7, Chapter 6, Part 16, Montana Code Annotated
(MCA) [External Link]. A key part of the state authorization is the
requirement for a local government to prepare a service area report (SAR)
for each fee type. The SAR consolidates key information relating to the
future needs for infrastructure, expected means to provide the
infrastructure, and the process by which the cost of additional services are
assigned to units of new development.
The City updates the SAR at least every four years to help ensure the fees are
accurate, reflect current construction costs and service needs, and remain
roughly proportionate and logically connected in the benefits to the
development that pays the fees. The City hired TischlerBise, a nationally
prominent specialist in impact fees, to support the City in updating the
impact fee SAR.
Staff has reviewed the draft Water SAR prepared by TischlerBise on behalf of
the City and finds that the document meets the requirements of state law
for an SAR. The SAR is in writing, the document has been provided to the
public for review through the Engage Bozeman website [External Link] as
497
well as the agenda for the Community Development Board meeting and the
City Commission agenda. The City has an annual process to update a capital
improvement program to schedule construction of public facility capital
improvements. As shown in the SAR, actual costs of construction and
reasonable estimate of costs have been used, forecast for future needs are
provided, necessary facilities to serve future growth are identified, and the
appropriateness of a single service area is established. No maintenance or
operational costs are included in the calculated fee. All other necessary
elements are also provided.
The City published formal notice in the Bozeman Daily Chronicle on
2/01/2025, 2/15/2025, 3/01/2025, and 3/15/2025 of the public hearings
before the Community Development Board and City Commission. A news
item was included on the City's website, the Engage Bozeman impact fee
update project website was established, several publicly available work
sessions and training sessions regarding impact fees have been held during
the project, and direct notification to interest groups occurred at the
beginning of the project. The Community Development Board held a public
hearing on the draft SAR on February 24, 2025. The video and minutes of the
hearing are available through the City's website [External Link]. Discussion
on the SAR begins at 54 minutes in the meeting. See the cover materials for
the Water Service Area Report for more information on the Community
Development Board hearing. The Board recommended unanimously, 7-0,
approval to the City Commission.
The action under this agenda item is specific to the Water impact fee. The
City also implements fire, transportation, and wastewater impact fees.
The review of the Water SAR is an item on the Commission's March 25,
2025, agenda. Should the Commission find that the SAR is correct and meets
all requirements then this Resolution formally adopts the service area report
and sets the date that it will take effect as April 5, 2025.
UNRESOLVED ISSUES: To accept or not accept the suggested effective date.
ALTERNATIVES:1. Approve the Resolution as submitted;
2. Approve the Resolution with a modified effective date; or
3. Open and continue the item, with specific request staff to supply
additional information or to address specific items.
FISCAL EFFECTS:Adoption by resolution of the Service Area Report will enable continued
operation of the impact fee program to offset capital costs from new
construction for wastewater functions.
Attachments:
Adopting Resolution for Water IF SAR 2025.docx
Bozeman, MT Impact Fee Report_Water_3.5.25.pdf
498
Report compiled on: March 11, 2025
499
RESOLUTION 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ADOPTING THE WATER IMPACT FEE SERVICE AREA REPORT PER ARTICLE 2.06, BMC AND
ESTABLISHING WATER IMPACT FEES AS STATED IN THE SERVICE AREA REPORT.
WHEREAS,the City of Bozeman is committed to addressing the community’s expressed
needs and desires for services; and
WHEREAS,the City of Bozeman is committed to meeting those desires and demands for
services in a fiscally responsible manner; and
WHEREAS,the City of Bozeman is committed to meeting those desires and demands for
services in a manner which recognizes the fiscal and legal interests of all of the system users now
and in the future and not a limited subset of users; and
WHEREAS, the City of Bozeman has developed and adopted a Water master plan which
examined current and future needs and provides a lawful, logical, balanced, operationally sound,
and cost-effective basis upon which to maintain and develop the City’s Water system; and
WHEREAS, the City Commission has chosen to utilize impact fees as one element of an
integrated approach to fund and provide Water services; and
WHEREAS, Sections 7-6-1601 through 7-6-1604, MCA provide specific authority and
direction regarding the documentation necessary to establish an impact fee and procedures to
adopt and administer an impact fee; and
WHEREAS, the City contracted with TischlerBise to provide professional services in
development of an updated Water impact fee service area report;
WHEREAS,TischlerBise reviewed the existing demand and needs for Water facilities, the
500
existing facilities available to meet that demand, and the method of financing the existing
systems and needed new facilities; and,
WHEREAS, TischlerBise also reviewed the contribution made or to be made in the future
in cash or by taxes, fees, or assessments by property owners towards the capital costs of Water
facilities; and,
WHEREAS,TishlerBise reviewed and relied upon the City of Bozeman’s level of service
(LOS) standards and facility cost assumptions as established by recently constructed projects in
recommending Water facilities impact fees; and,
WHEREAS,The Community Development Board in their capacity as the Impact Fee
Advisory Committee reviewed the draft service area report and conducted a public hearing on
February 24, 2025, and having considered all matters properly related to the draft service area
report recommended that the City Commission adopt the service area report; and,
WHEREAS,TischlerBise has prepared the Service Area Report, presented to the City
Commission on March 25, 2025, including the assumptions, population and residential and non-
residential development projections, capital infrastructure and impact fee calculations, which
Service Area Report has been submitted to and reviewed by City staff, Community Development
Board acting in their capacity as the Impact Fee Advisory Committee, and City Commission; and,
WHEREAS,the City develops its Water facility plans, and its capital improvements
program in a manner open to the public and accepts and responds to public comment and input;
and
WHEREAS,the City and TischlerBise have developed the service area report in a manner
open to the public and accepted and responded as appropriate to comment and input; and
WHEREAS,the City Commission conducted a public hearing on March 25, 2025, and
considered all offered oral and written comments; and
WHEREAS,the City Commission reviewed and discussed the service area report and
accepts and agrees with the content of the service area report and recognizes that updates and
modifications will be made to the fee schedule in the future in accord with the annual cost
adjustment requirements of Chapter 2, Article 6, Division 9 BMC; and
WHEREAS,the City Commission finds that all required elements necessary for compliance
501
with standards for development of an impact fee have been satisfied.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
1. The draft of the Water Impact Fee Service Area Report, as contained in Exhibit "A",
attached to this resolution and by this reference made a part of this resolution, is
hereby adopted.
2. As of April 5, 2025, any person who seeks to obtain any of the forms of development
listed 2.06.1670, BMC must pay a Water Impact Fee pursuant to the schedule included
in Exhibit A of this Resolution.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 25th day of March 2025.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
502
Water
Service Area Report and
Impact Fee Study
Prepared for:
Bozeman, Montana
March 5, 2025
4701 Sangamore Road
Suite S240
Bethesda, MD
(301) 320-6900
www.TischlerBise.com
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Water Service Area Report and Impact Fee Study
Bozeman, Montana
[PAGE INTENTIONALLY LEFT BLANK]
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i
Table of Contents
Executive Summary ............................................................................................................... 3
Montana Impact Fee Enabling Legislation ........................................................................... 3
Public Facilities ...................................................................................................................................... 3
Service Area Report .............................................................................................................................. 4
Legal Framework ................................................................................................................ 4
Methodology ..................................................................................................................... 6
Conceptual Impact Fee Calculation ...................................................................................................... 7
Evaluation of Credits ............................................................................................................................. 7
Maximum Supportable Water Impact Fees ......................................................................... 8
Water Service Area Report .................................................................................................. 11
Service Area ........................................................................................................................................ 11
Cost Allocation .................................................................................................................................... 11
Service Demand Units ......................................................................................................................... 11
Existing and Projected Growth in Service Area ................................................................................... 14
Water Capital Improvement Plan ..................................................................................... 15
Cost Analysis of Water Projects ........................................................................................ 16
Water Supply Cost Analysis ................................................................................................................. 16
Water Storage Cost Analysis ............................................................................................................... 17
Water Treatment Cost Analysis .......................................................................................................... 17
Water Distribution Cost Analysis ........................................................................................................ 18
Credit for Other Revenues Sources ................................................................................... 20
Water Department Personnel and Operations .................................................................. 20
Maximum Supportable Water Impact Fees ....................................................................... 21
Projected Water Impact Fee Revenue ............................................................................... 25
Appendix A: Land Use Assumptions ..................................................................................... 26
Population and Housing Characteristics ............................................................................ 26
Building Permit History .................................................................................................... 26
Base Year Housing Units and Population .......................................................................... 27
Housing Unit and Population Projections .......................................................................... 30
Current Employment and Nonresidential Floor Area ......................................................... 31
Employment and Nonresidential Floor Area Projections ................................................... 31
Vehicle Trip Generation ................................................................................................... 33
Residential Vehicle Trips by Housing Type.......................................................................................... 33
Residential Vehicle Trips Adjustment Factors..................................................................................... 34
Nonresidential Vehicle Trips ............................................................................................................... 34
Vehicle Trip Projections .................................................................................................... 36
Demand Indicators by Dwelling Size ................................................................................. 37
Bozeman Control Totals ...................................................................................................................... 37
Demand Indicators by Dwelling Size ................................................................................................... 37
Persons by Dwelling Size ..................................................................................................................... 38
Person by Dwelling Size and Housing Type ......................................................................................... 39
Trip Generation by Dwelling Size ........................................................................................................ 42
Vehicle Trip Ends by Dwelling Size ...................................................................................................... 43
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ii
Vehicle Trip Ends by Dwelling Size and Housing Type ........................................................................ 44
Appendix B: Land Use Definitions ........................................................................................ 46
Residential Development .................................................................................................................... 46
Nonresidential Development .............................................................................................................. 46
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3
EXECUTIVE SUMMARY
The City of Bozeman, Montana, contracted with TischlerBise to document land use assumptions, prepare
the Service Area Report, and update impact fees within the applicable service areas pursuant to Montana
Code 7-6-16 (hereafter referred to as the “Enabling Legislation”). Governmental entities in Montana may
assess impact fees to offset infrastructure costs to the governmental entity for public facilities needed to
serve future development. For each public facility for which an impact fee is imposed, the governmental
entity shall prepare and approve a service area report. The impact fees must (1) be reasonably related to
and reasonably attributable to the development's share of the cost of infrastructure improvements made
necessary by the new development and (2) may not exceed a proportionate share of the costs incurred
or to be incurred by the governmental entity in accommodating the development.
Impact fees are one-time payments used to construct system improvements needed to accommodate
future development, and the fee represents future development’s proportionate share of infrastructure
costs. Impact fees may be used for infrastructure improvements or debt service for growth-related
infrastructure. In contrast to general taxes, impact fees may not be used for operations, maintenance,
replacement, or correcting existing deficiencies.
This Service Area Report and associated update to its impact fees are for Bozeman water infrastructure.
In a tandem effort, TischlerBise is also updating the Service Area Reports for fire/EMS, transportation, and
wastewater public facilities.
Montana Impact Fee Enabling Legislation
The Enabling Legislation governs how impact fees are calculated for governmental entities in Montana.
Public Facilities
Under the requirements of the Enabling Legislation, impact fees may only be used for construction,
acquisition, or expansion of public facilities made necessary by new development. “Public Facilities”
means any of the following categories of capital improvements with a useful life of 10 years or more that
increase or improve the service capacity of a public facility (§7-6-1601(7)):
1. a water supply production, treatment, storage, or distribution facility;
2. a wastewater collection, treatment, or disposal facility;
3. a transportation facility, including roads, streets, bridges, rights-of-way, traffic signals, and
landscaping;
4. a storm water collection, retention, detention, treatment, or disposal facility or a flood control
facility;
5. a police, emergency medical rescue, or fire protection facility; and
6. other facilities for which documentation is prepared as provided in 7-6-1602 that have been
approved as part of an impact fee ordinance or resolution by:
a two-thirds majority of the governing body of an incorporated city, town, or
consolidated local government; or
a unanimous vote of the board of county commissioners of a county government.
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Also, §7-6-1601(5a) states that "impact fee" means ‘any charge imposed upon development by a
governmental entity as part of the development approval process to fund the additional service capacity
required by the development from which it is collected. An impact fee may include a fee for the
administration of the impact fee not to exceed 5 percent of the total impact fee collected.’
Service Area Report
For each public facility for which an impact fee is imposed, the governmental entity shall prepare and
approve a service area report. The service area report is a written analysis that must:
1. describe existing conditions of the facility;
2. establish level-of-service standards;
3. forecast future additional needs for service for a defined period of time;
4. identify capital improvements necessary to meet future needs for service;
5. identify those capital improvements needed for continued operation and maintenance of the
facility;
6. make a determination as to whether one service area or more than one service area is
necessary to establish a correlation between impact fees and benefits;
7. make a determination as to whether one service area or more than one service area for facilities
is needed to establish a correlation between impact fees and benefits;
8. establish the methodology and time period over which the governmental entity will assign the
proportionate share of capital costs for expansion of the facility to provide service to new
development within each service area;
9. establish the methodology that the governmental entity will use to exclude operations and
maintenance costs and correction of existing deficiencies from the impact fee;
10. establish the amount of the impact fee that will be imposed for each unit of increased service
demand; and
11. have a component of the budget of the governmental entity that:
a. schedules construction of public facility capital improvements to serve projected
growth;
b. projects costs of the capital improvements;
c. allocates collected impact fees for construction of the capital improvements; and
d. covers at least a 5-year period and is reviewed and updated at least every 5 years.
Legal Framework
Both state and federal courts have recognized the imposition of impact fees as a legitimate form of land
use regulation, provided the fees meet standards intended to protect against regulatory takings. Land use
regulations, development exactions, and impact fees are subject to the Fifth Amendment prohibition on
taking of private property for public use without just compensation. To comply with the Fifth Amendment,
development regulations must be shown to substantially advance a legitimate governmental interest. In
the case of impact fees, that interest is in the protection of public health, safety, and welfare by ensuring
development is not detrimental to the quality of essential public services. The means to this end are also
important, requiring both procedural and substantive due process. The process followed to receive
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community input (i.e., stakeholder meetings, work sessions, and public hearings) provides opportunities
for comments and refinements to the impact fees.
There are three reasonable relationship requirements for impact fees that are closely related to “rational
nexus”, or “reasonable relationship” requirements enunciated by a number of state courts. Although the
term “dual rational nexus” is often used to characterize the standard by which courts evaluate the validity
of impact fees under the U.S. Constitution, we prefer a more rigorous formulation that recognizes three
elements: “need,” “benefit,” and “proportionality.” The dual rational nexus test explicitly addresses only
the first two, although proportionality is reasonably implied, and was specifically mentioned by the U.S.
Supreme Court in the Dolan case (Dolan v. City of Tigard, OR, 1994). Furthermore, the plaintiff in the 2024
Sheetz v. El Dorado County U.S. Supreme Court case argued that the El Dorado County, CA impact fee
program failed to meet the Nollan/Dolan test. The U.S. Supreme Court remanded the case back to the
California Supreme Court for further proceedings on a stricter interpretation of the rational nexus,
specifically the extent impact fees can be “roughly proportionate.” Thus, is has been determined that
State courts will make similar judgements on future similar cases. Individual elements of the nexus
standard are discussed further in the following paragraphs.
All new development in a community creates additional demands on some, or all, public facilities provided
by local government. If the capacity of facilities is not increased to satisfy that additional demand, the
quality or availability of public services for the entire community will deteriorate. Impact fees may be used
to recover the cost of development-related facilities, but only to the extent that the need for facilities is
a consequence of development that is subject to the fees. The Nollan decision reinforced the principle
that development exactions may be used only to mitigate conditions created by the developments upon
which they are imposed. That principle clearly applies to impact fees. In this study, the impact of
development on infrastructure needs is analyzed in terms of quantifiable relationships between various
types of development and the demand for specific capital facilities, based on applicable level-of-service
standards.
The requirement that exactions be proportional to the impacts of development was clearly stated by the
U.S. Supreme Court in the Dolan case and is logically necessary to establish a proper nexus. Proportionality
is established through the procedures used to identify development-related facility costs, and in the
methods used to calculate impact fees for various types of facilities and categories of development. The
demand for capital facilities is measured in terms of relevant and measurable attributes of development
(e.g., a typical housing unit’s average weekday vehicle trips).
A sufficient benefit relationship requires that impact fee revenues be segregated from other funds and
expended only on the facilities for which the fees were charged. Impact fees must be expended in a timely
manner and the facilities funded by the fees must serve the development paying the fees. However,
nothing in the U.S. Constitution or the state enabling legislation requires that facilities funded with fee
revenues be available exclusively to the development paying the fees. In other words, benefit may extend
to a general area including multiple real estate developments. Procedures for the earmarking and
expenditure of fee revenues are discussed near the end of this study. All of these procedural as well as
substantive issues are intended to ensure that new development benefits from the impact fees they are
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required to pay. The authority and procedures to implement impact fees are separate from and
complementary to the authority to require improvements as part of subdivision or zoning review.
As documented in this report, the City of Bozeman has complied with applicable legal precedents. Impact
fees are proportionate and reasonably related to the capital improvement demands of new development.
Specific costs have been identified using local data and current dollars. With input from City staff,
TischlerBise identified service demand indicators for each type of infrastructure and calculated
proportionate share factors to allocate costs by type of development. This report documents the formulas
and input variables used to calculate the impact fees for each type of public facility. Impact fee
methodologies also identify the extent to which new development is entitled to various types of credits
to avoid potential double payment of growth-related capital costs.
Methodology
Impact fees for public facilities made necessary by new development must be based on the same level of
service provided to existing development in the service area. There are three basic methodologies used
to calculate impact fees. They examine the past, present, and future status of infrastructure. The objective
of evaluating these different methodologies is to determine the best measure of the demand created by
new development for additional infrastructure capacity. Each method has advantages and disadvantages
in a particular situation and can be used simultaneously for different cost components. Additionally,
impact fees for public facilities can also include a fee for the administration of the impact fee not to exceed
five percent of the total impact fee collected.
Reduced to its simplest terms, the process of calculating impact fees involves two main steps: (1)
determining the cost of growth-related capital improvements and (2) allocating those costs equitably to
various types of development. In practice, though, the calculation of impact fees can become quite
complicated because of the many variables involved in defining the relationship between development
and the need for facilities within the designated service area. The following paragraphs discuss basic
methods for calculating impact fees and how those methods can be applied.
• Cost Recovery (past improvements) - The rationale for recoupment, often called cost recovery, is
that future development is paying for its share of the useful life and remaining capacity of facilities
already built, or land already purchased, from which future development will benefit. This
methodology is often used for utility systems that must provide adequate capacity before new
development can take place.
• Incremental Expansion (concurrent improvements) - The incremental expansion methodology
documents current level-of-service standards for each type of public facility, using both quantitative
and qualitative measures. This approach assumes there are no existing infrastructure deficiencies or
surplus infrastructure capacity. Future development is only paying its proportionate share for
growth-related infrastructure. Revenue will be used to expand or provide additional facilities, as
needed, to accommodate future development. An incremental expansion methodology is best suited
for public facilities that will be expanded in regular increments to keep pace with development.
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• Plan-Based (future improvements) - The plan-based methodology allocates costs for a specified set
of improvements to a specified amount of development. Improvements are typically identified in a
long-range facility plan and development potential is identified by a land use plan. There are two
basic options for determining the cost per service demand unit: (1) total cost of a public facility can
be divided by total service demand units (average cost), or (2) the growth-share of the public facility
cost can be divided by the net increase in service demand units over the planning timeframe
(marginal cost).
Conceptual Impact Fee Calculation
In contrast to project-level improvements, impact fees fund growth-related infrastructure that will benefit
multiple development projects, or the entire service area (usually referred to as system improvements).
The first step is to determine an appropriate service demand unit for the particular type of infrastructure.
The service demand indicator measures the number of service units for each unit of development. For
example, an appropriate indicator of the demand for roadways is vehicle trips or vehicle miles of travel
that can be determined by development type. The second step in the impact fee formula is to determine
infrastructure improvement units per service demand unit, typically called level of service (LOS) standards.
In keeping with the roadway example, a common LOS standard is volume to capacity ratio. The third step
in the impact fee formula is the cost of various infrastructure units. To complete the roadway example,
this part of the formula would establish a construction cost per lane mile of road expansion.
The body of the report will detail these steps specific to the Bozeman Water Impact Fee analysis. For
reference, the service units and LOS standards can be found starting on page 11 ; and infrastructure costs
starting on page 16.
Evaluation of Credits
The consideration of credits is integral to the development of a legally defensible impact fee. There are
two types of credits that should be addressed in impact fee studies and ordinances. The first is a revenue
credit due to possible double payment situations, which could occur when other revenues expected to be
paid by future development may contribute to the capital costs of infrastructure covered by the impact
fee. This type of credit is integrated into the fee calculation, thus reducing the fee amount.
The second type of credit is a site-specific credit for system improvements that have been included in the
impact fee calculations. Policies and procedures related to site-specific credits for system improvements
are addressed in the ordinance that establishes the impact fees. However, the general concept is that
developers may be eligible for site-specific credits only if they provide system improvements that have
been included in the impact fee calculations. Project improvements normally required as part of the
development approval process are not eligible for credits against impact fees. Site-specific credits are
addressed in the administration and implementation of the development fee program.
Below, Figure 1 summarizes service areas, methodologies, and infrastructure cost components. Described
in the body of the report, the analysis takes a hybrid approach to calculating the capital cost of providing
water service to future development.
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Figure 1. Impact Fee Service Areas, Methodologies, and Cost Allocation
Maximum Supportable Water Impact Fees
The following figures list the schedule of the maximum supportable impact fees by type of land use. The
fees represent the highest amount allowable for each type of applicable land use. The City may adopt fees
that are less than the amounts shown. However, a reduction in impact fee revenue will necessitate an
increase in other revenues, a decrease in planned capital expenditures, and/or a decrease in levels of
service.
Notably, the results of the study are a decrease from the current residential water impact fees. Several
factors influenced this decrease. First, the recently adopted water conservation policy suggests that future
development will consume less water than current users. Specifically, irrigation water use (which accounts
for two-thirds of water use during peak season) will be reduced by 44 percent under the conservation
policy. Resulting in a reduction in the estimated demand from new development and proportionate
impact fee. Second, the existing water impact fee fund accounts for 25 percent of the impact fee eligible
costs in the Capital Improvement Plan and existing debt. In this case, a reduction of 25 percent is included
in the fee analysis. The increase in the nonresidential impact fees is a result of the relative increase in
commercial water user compared to residential water.
The maximum supportable impact fees for residential development will be assessed per housing unit,
based on the square footage of the unit. This study presents additional size bands compared to the current
fee schedule. Expanding the schedule allows for further proportionately for smaller and larger housing
units. Nonresidential impact fees will be assessed based on water meter size.
Water Citywide Water Storage,
Treatment -Water Supply, Storage,
Distribution Gallons
Cost
AllocationFee Category Service Area
Incremental
Expansion Plan-Based
Cost
Recovery
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Figure 2. Maximum Supportable Water Impact Fee Schedule – Single-Unit Dwelling Including
Townhomes
Residential - Single-Unit Dwelling including Townhomes
Residential (per housing unit)
Under 600 $1,115 $2,217 ($1,102)
600 to 800 $1,294 $2,217 ($923)
801 to 1,000 $1,568 $2,217 ($649)
1,001 to 1,200 $1,788 $2,217 ($429)
1,201 to 1,400 $1,978 $2,217 ($239)
1,401 to 1,600 $2,136 $2,819 ($683)
1,601 to 1,800 $2,272 $2,978 ($706)
1,801 to 2,000 $2,399 $3,167 ($768)
2,001 to 2,200 $2,504 $3,389 ($885)
2,201 to 2,400 (avg.)$2,609 $3,579 ($970)
2,401 to 2,600 $2,693 $3,769 ($1,076)
2,601 to 2,800 $2,777 $3,832 ($1,055)
2,801 to 3,000 $2,861 $4,023 ($1,162)
3,001 to 3,200 $2,935 $4,276 ($1,341)
3,201 to 3,400 $2,998 $4,276 ($1,278)
3,401 to 3,600 $3,072 $4,276 ($1,204)
3,601 to 3,800 $3,124 $4,276 ($1,152)
3,801 to 4,000 $3,188 $4,276 ($1,088)
4,001 or More $3,240 $4,276 ($1,036)
Dwelling Size
(square feet)
Maximum
Supportable Fee
Current
Fee
Increase/
(Decrease)
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Figure 3. Maximum Supportable Water Impact Fee Schedule – Other Residential
Figure 4. Water Maximum Supportable Water Impact Fee – Nonresidential
Residential - Other Residential
Residential (per housing unit)
Under 600 $1,044 $2,217 ($1,173)
600 to 800 $1,226 $2,217 ($991)
801 to 1,000 $1,487 $2,217 ($730)
1,001 to 1,200 $1,696 $2,217 ($521)
1,201 to 1,400 $1,878 $2,217 ($339)
1,401 to 1,600 (avg.)$2,009 $2,819 ($810)
1,601 to 1,800 $2,139 $2,978 ($839)
1,801 to 2,000 $2,270 $3,167 ($897)
2,001 to 2,200 $2,374 $3,389 ($1,015)
2,201 to 2,400 $2,479 $3,579 ($1,100)
2,401 to 2,600 $2,557 $3,769 ($1,212)
2,601 to 2,800 $2,635 $3,832 ($1,197)
2,801 to 3,000 $2,713 $4,023 ($1,310)
3,001 to 3,200 $2,766 $4,276 ($1,510)
3,201 to 3,400 $2,844 $4,276 ($1,432)
3,401 to 3,600 $2,896 $4,276 ($1,380)
3,601 to 3,800 $2,948 $4,276 ($1,328)
3,801 to 4,000 $3,026 $4,276 ($1,250)
4,001 or More $3,053 $4,276 ($1,223)
Group Quarters (per person)
Group Quarters $1,200 $1,424 ($224)
Dwelling Size
(square feet)
Maximum
Supportable Fee
Current
Fee
Increase/
(Decrease)
Nonresidential
3/4 $6,785 $4,752 $2,033
1 $11,297 $7,919 $3,378
1 1/2 $22,620 $15,840 $6,780
2 $36,187 $25,344 $10,843
3 $67,860 $47,521 $20,339
Increase/
(Decrease)
Current
Fee
Meter Size
(inches)
Maximum
Supportable Fee
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WATER SERVICE AREA REPORT
The Bozeman Water Impact Fee Study includes improvements towards water supply, storage, treatment,
and distribution. Water demand flows through these infrastructure components at separate times to
deliver the water to the user, thus, the components are examined separately. The analysis uses a hybrid
approach to calculate the average capital cost per gallon to provide those four infrastructure components
to future development. The methodology includes a cost recovery approach associated with previously
constructed growth-related infrastructure that was debt-financed and includes future growth-related
projects identified in the FY26-31 Capital Improvement Plan (plan-based). The requirement and purpose
of the service area report is explained on page 3.
Importantly, the fee calculation uses previously constructed and future infrastructure projects and
capacity added by the projects (in gallons) to determine the average construction cost per gallon to the
City of Bozeman to expand that type of infrastructure. The average cost per gallon is then multiplied by
the water demand (in gallons) by development type to find the maximum supportable impact fee. The
methodology is not taking a more aggressive pure plan-based approach by directly attributing specific
projects to a specific amount of growth (i.e., a 10-year capital plan compared to a 10-year projected
growth). Rather, the updated impact fees represent the cost to expand the Bozeman water network at a
per gallon basis and the specific water demand by the development type.
Service Area
The Bozeman water system is one, interconnected network and the water impact fee program funds
infrastructure which benefits all future water users. As such, there is one, citywide service area in the
analysis.
Cost Allocation
Water infrastructure is sized to service peak time demand. Thus, costs for water improvements are
allocated to residential and nonresidential development based on daily water use during peak month. If
an annual average metric was used there would be a mismatch between infrastructure capital planning,
costs, and demand from development.
Service Demand Units
A service unit is a standardized measure of demand. The service unit for the water development fees is
an Equivalent Dwelling Unit (EDU). The standard EDU represents the demand from an average sized single-
unit dwelling with a ¾-inch water meter. The following section details the calculations to estimate EDU
daily water use during peak month. For water service, the level of service is the amount of capacity
(gallons) allocable to an EDU. The level of service generally represents the amount of capacity attributable
to an EDU.
Based on water utility account data, the September billing cycle has been the peak month in Bozeman for
water use. This water demand includes residential irrigation, so to account for weather variation, three
years of account data is used to find a daily average. The average daily water use during the peak month
from an EDU (single-unit dwelling with a ¾-inch meter) is found to be 407 gallons.
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However, the recently adopted irrigation reduction policy in the Water Efficient Landscape Ordinance
which reduces the allowable amount of turf grass on new construction lots needs to be accounted for
when determining water demand from future development. Shown in Figure 5, the Water Conservation
and Efficiency Plan estimated that 67 percent of residential water use is for irrigation, or 273 gallons per
EDU (407 gallons x 67 percent = 273 gallons). Bozeman Water Conservation staff examined a variety of
irrigation scenarios with the turf grass change and determined that a 44 percent reduction in irrigation is
an appropriate average for an EDU. Thus, an average future EDU will generate 153 gallons of irrigation
water demand (273 gallons x [1.00-0.44] = 153 gallons).
Also, indoor water use represents 33 percent of total use in the Water Conservation and Efficiency Plan,
thus an estimated 134 gallons of daily indoor water use from an EDU. As a result, during peak month a
future EDU is estimated to generate 287 gallons of daily water demand.
Figure 5. EDU Peak Month Average Daily Water Use
Residential Bozeman water impact fees are based on the size and type of the dwelling unit. In Figure 6,
the analysis incorporates persons per household (PPHH) factors to calculate EDUs by size groupings.
Additionally, the current average size Single-Unit dwelling in Bozeman is between 2,201 and 2,400 square
feet which generates 2.48 PPHH. These characteristics are assumed for an EDU. As a result, EDUs per
household are found by comparing the PPHHs. For example, the average size Other Residential housing
type has 1.92 PPHH or 0.77 EDUs (1.92 PPHH / 2.48 PPHH per EDU = 0.77 EDUs). Note: definitions for the
Single-Unit Dwelling and Other Residential housing types can be found in Appendix B: Land Use
Definitions.
Single-Unit Dwelling 3/4-Inch Meter Gallons
3-Year Avg. Peak Month Daily Water Use [1]407
Current Irrigation Water Use (67%) [2]273
Irrigation Reduction Policy [3]44%
New Irrigation Water Use 153
Indoor Peak Water Use (33%) [2]134
Future EDU Peak Month Daily Water Use 287
[1] Water utility account data
[2] Bozeman Water Conservation and Efficiency Plan (2023)
[3] Bozeman Water Efficient Landscape Ordinance (2024) reduced the
allowable amount of turf grass on the new construction lots. Bozeman Water
Conservation staff examined a variety of irrigation scenarios and determined
that a 44 percent reduction is an appropriate average for an EDU.
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Figure 6. Water Ratio of Service Unit to Development Unit
Nonresidential water impact fees are calculated based on demand relative to an EDU. Using account data,
a Single-Unit dwelling with a ¾-inch water meter averaged 65,934 gallons in 2022 while commercial and
industrial users with the same sized water meter averaged 171,478 gallons in 2022. Thus, a nonresidential
water user with a ¾-inch meter consumes 260 percent of a residential water use with the same meter
size. In other words, a nonresidential water user with a ¾-inch meter represents 2.60 EDUs. In the previous
(2018) impact fee study, nonresidential users accounted for 1.50 EDUs.
This difference in relationship of demand between residential and nonresidential uses may be influenced
by a variety of factors including conservation efforts by residential users, higher occupancy in office
spaces, busier restaurants, or similar increases in intensity of use.
Figure 7. Comparison of Residential and Nonresidential Water Demand
Following the data presented in Figure 8, a nonresidential development using a ¾-inch water meter is
assessed 2.60 EDUs. Furthermore, the AWWA standards for max water flow by water meter size are used
Single-Unit Dwelling including Townhomes Other Residential
Single-Unit Other Res.
PPHH EDU PPHH EDU
Under 600 1.06 0.43 Under 600 1.00 0.40
600 to 800 1.23 0.50 600 to 800 1.16 0.47
801 to 1,000 1.49 0.60 801 to 1,000 1.41 0.57
1,001 to 1,200 1.70 0.69 1,001 to 1,200 1.61 0.65
1,201 to 1,400 1.88 0.76 1,201 to 1,400 1.78 0.72
1,401 to 1,600 2.03 0.82 1,401 to 1,600 (avg. other)1.92 0.77
1,601 to 1,800 2.16 0.87 1,601 to 1,800 2.04 0.82
1,801 to 2,000 2.28 0.92 1,801 to 2,000 2.16 0.87
2,001 to 2,200 2.38 0.96 2,001 to 2,200 2.25 0.91
2,201 to 2,400 (EDU)2.48 1.00 2,201 to 2,400 2.35 0.95
2,401 to 2,600 2.56 1.03 2,401 to 2,600 2.42 0.98
2,601 to 2,800 2.64 1.06 2,601 to 2,800 2.50 1.01
2,801 to 3,000 2.72 1.10 2,801 to 3,000 2.57 1.04
3,001 to 3,200 2.79 1.13 3,001 to 3,200 2.64 1.06
3,201 to 3,400 2.85 1.15 3,201 to 3,400 2.70 1.09
3,401 to 3,600 2.92 1.18 3,401 to 3,600 2.76 1.11
3,601 to 3,800 2.97 1.20 3,601 to 3,800 2.81 1.13
3,801 to 4,000 3.03 1.22 3,801 to 4,000 2.87 1.16
4,001 or More 3.08 1.24 4,001 or More 2.91 1.17
Group Quarters (per person)
Group Quarters 1.00 0.40
Dwelling Size
(square feet)
Dwelling Size
(square feet)
2022 2022
2022
3/4 Inch Meter Account
Single-Unit Dwelling 662 10,038 65,934
Commercial, Industrial 127 741 171,478
Nonresidential Use vs Residential Use 260%
Total Water
Use (MGD)
Avg Use (gal)
per Account
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to calculate EDUs for developments with larger water meters. For example, the max water flow for a 1.5-
inch meter is 100 gallons per minute, resulting in 8.67 EDUs (100 gpm / 30 gpm x 2.60 EDUs = 8.67 EDUs).
Larger meters can show highly variable use patterns. Thus, nonresidential developments with a water
meter greater than three inches are assessed an impact fee on a case-by-case basis based on its specific
estimated water need. Estimated need is determined from plumbing fixture counts and other data during
the building permit process to establish an expected average gallons per day. The City does not have an
adequate installed inventory of meters greater than three inches diameter to provide a reliable average
demand value. Irrigation supply meters also have use profiles different from standard service meters.
Impact fee for an irrigation supply meter is prepared by determining average daily designed use in gallons
and then multiplying that number of gallons by the cost per gallon established in this service area report.
Figure 8. Nonresidential EDU Factor by Water Meter Size
Existing and Projected Growth in Service Area
In 2023, the daily water use in Bozeman was 6.30 million gallons (MGD). The recent Water Conservation
and Efficiency Plan (2023) detailed several scenarios which included changes to Bozeman plumbing code
and conservation programs. At the moment, the most likely scenario is Plumbing Code and Conservation
Program A. Under this scenario, citywide water demand will increase to 8.50 MGD by 2033. This
represents a 2.20 MGD increase, 35 percent from 2023. Importantly, the City has water supply to
accommodate the increase in demand and has committed to further expanding the water supply.
Figure 9. Projected Daily Water Use
3/4 30 2.60
1 50 4.33
1 1/2 100 8.67
2 160 13.87
3 300 26.01
Meter Size
(inches)
AWWA
Max Flow (gal) [1]
EDU Factor
[2]
[2] Nonresidential demand from 3/4 inch accounts is 260
percent of demand from residential EDU demand.
[1] American Water Works Association max water flow
(gallons per minute) standards.
Base Year
City of Bozeman 2023 2024 2025 2026 2027 2028 2033
Total Daily Water Use (MGD)6.30 6.56 6.81 7.01 7.21 7.41 8.50 2.20
5-Year Increment
10-Year
Increase
Source: Bozeman Water Conservation and Efficiency Plan (2023); Water projection based on Plumbing
Code and Conservation Program A Savings
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Water Capital Improvement Plan
The impact fee portion of the FY26-30 Water Capital Improvement Plan (CIP) is listed in Figure 10 and Figure 11. The City of Bozeman publishes an
annual CIP with a larger project list that includes projects that are not impact fee eligible. The five-year plan totals $38.2 million that addresses
water supply, storage, and distribution infrastructure needs to accommodate future development. The majority ($37.5 million) is impact fee
eligible, while $700,000 is scheduled based on other sources of funding.
Figure 10. Bozeman Impact Fee Funding Water Capital Improvement Plan
Figure 11. Bozeman Impact Fee Funding Water Capital Improvement Plan cont.
Project
Code Project Name FY26 FY27 FY28 FY29 FY30
5-Year
Total
WIF33 Municipal Test Well & Mitigation System Exploration Program $1,622,400 ----$1,622,400
WIF32 Municipal Groundwater Public Water Supply & Mitigation System -$1,000,000 $9,000,000 --$10,000,000
WIF60 W Sourdough Reservoir #1 ---$4,015,000 -$4,015,000
WIF99 Water Development Oversizing $355,000 $720,000 $305,000 -$655,000 $2,035,000
WIF68 Stucky/S 27th Water Improvements -$354,300 $2,456,700 --$2,811,000
WIF59 Western Transmission Main / New South Pressure Zone ---$1,350,000 $16,400,000 $17,750,000
$1,977,400 $2,074,300 $11,761,700 $5,365,000 $17,055,000 $38,233,400
ALL FUNDING
Project
Code Project Name Project Type
5-Year
Total
Impact Fee
Funding
Other
Funding
WIF33 Municipal Test Well & Mitigation System Exploration Program Supply $1,622,400 $1,622,400 $0
WIF32 Municipal Groundwater Public Water Supply & Mitigation System Supply $10,000,000 $10,000,000 $0
WIF60 W Sourdough Reservoir #1 Storage $4,015,000 $4,015,000 $0
WIF99 Water Development Oversizing Distribution $2,035,000 $2,035,000 $0
WIF68 Stucky/S 27th Water Improvements Distribution $2,811,000 $2,108,200 $702,800
WIF59 Western Transmission Main / New South Pressure Zone Distribution $17,750,000 $17,750,000 $0
Total $38,233,400 $37,530,600 $702,800
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Cost Analysis of Water Projects
This Service Area Report defines the service demand units and the service area to be used in the impact fee calculations. This section details the
method of calculating the capital cost to service new demand for water supply, storage, treatment, and distribution. The cost per gallon is applied
to the service demand units at the end of the report to calculate the maximum supportable impact fees by land use type.
As mentioned, the fee calculation uses the previously constructed and future infrastructure projects and capacity added by the projects (in gallons)
to determine the average construction cost per gallon to the City of Bozeman to expand that type of infrastructure. The average cost per gallon is
then multiplied by the water demand (in gallons) by development type to find the maximum supportable impact fee. The methodology is not
taking a more aggressive pure plan-based approach by directly attributing specific projects to a specific amount of growth (i.e. a 10-year capital
plan compared to a 10-year projected growth). Rather, the updated impact fees represent the cost to expand the Bozeman water network at a
per gallon basis and the specific water demand by the development type. Water demand flows through these infrastructure components at
separate times to deliver the water to the user, thus, the components are examined separately.
Water Supply Cost Analysis
To address future water supply needs Bozeman has two future projects in the CIP. The projects combine for $11.6 million and will add 1.44 MGD
to the water supply infrastructure. The growth-related capital cost to add capacity to the water supply network is found by comparing the impact
fee funding portion to the added capacity. As a result, the water supply component of the impact fee program is $8.07 per gallon ($11,622,400 /
1.44 MGD = $8.07 per gallon).
Figure 12. Water Supply Capital Cost per Gallon
Project
Code Project Name Project Type
Year
Scheduled Total Cost
Impact Fee
Funding
Capacity
Increase MGD
WIF33 Municipal Test Well & Mitigation System Exploration Program Supply FY26 $1,622,400 $1,622,400
WIF32 Municipal Groundwater Public Water Supply & Mitigation System Supply FY27 $10,000,000 $10,000,000
Total $11,622,400 $11,622,400 1.44
Impact Fee Related Costs $11,622,400
Capacity Increase (MGD)1.44
Capital Cost per Gallon $8.07
1.44
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Water Storage Cost Analysis
The cost to provide water storage to future development in Bozeman is found by examining a future project in the City’s CIP and a previously
constructed project. First, the future W Sourdough Reservoir #1 project is planned to add 5 million gallons (MG) and is considered to be 100
percent growth-related. Additionally, the City anticipates debt financing the project. Impact fees can service principal and interest costs associated
with growth-related debt payments. Based on the City's standard financing assumptions (5 percent interest rate, 2 percent financing costs, over
20 years) the total cost represents estimated principal and interest payments.
The second project listed in Figure 13 is a previously constructed water tank (2017) that was debt-financed and considered to be 100 percent
growth-related. The remaining principal and interest payments on the State Revolving Fund Revenue Bond Series 2017 total $6.3 million and the
tank added 4 MG to the Bozeman water storage network. Since the project is considered to be 100 percent growth-related the entire remaining
debt payments are impact fee eligible.
In total, the City has added or plans to add 9 MG that is related to future growth totaling $12.9 million. The average cost per gallon to add to the
water storage system is found by dividing the cost by the added gallons, resulting in $1.43 per gallon ($12,858,949 / 9 MG = $1.43 per gallon). In
this case, future impact fee collections can fund the future reservoir project and help service the remaining debt service. However, future
development is only paying its fair share based on the average cost per gallon found with these two projects. No other revenues (such as utility
rates) will be used to service the debt payments as well. Thus, there is no double charging in this case.
Figure 13. Water Storage Capital Cost per Gallon
Water Treatment Cost Analysis
The impact fee study focuses on the previous plant expansion project and the remaining growth-related debt payments for the water treatment
component. Listed in Figure 14, the 2011 plant expansion project replaced a 15 MGD plant with a 22 MGD plant, adding 7 MGD to accommodate
future growth. This represents a 31.8 percent growth share. Additionally, there is $10.5 million remaining in debt payments, $3.3 million that is
WIF60 W Sourdough Reservoir #1*Storage FY29 $6,572,349 $6,572,349 5.00
-Remaining Water Tank/Storage Debt Payment [1]Storage FY17 $6,286,600 $6,286,600 4.00
Total $12,858,949 $12,858,949 9.00
Impact Fee Eligible Costs $12,858,949
Capacity Increase (MG)9.00
Capital Cost per Gallon $1.43
Capacity
Increase MG
*City plans to debt finance project. Based on the City's standard financing assumptions
(5% interest rate, 2% financing costs, over 20 years) the total cost represents estimated
principal and interest payments.
Year
Scheduled
Impact Fee
FundingTotal Cost
[1] Water tank project added 4 MG to the City's storage network and is considered to be
100% growth-related. State Revolving Fund Revenue Bond Series 2017.
Project
Code Project Name Project Type
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considered growth’s share. The average cost per gallon to add treatment plant capacity is found by dividing growth’s cost by the gallons added,
resulting in $0.48 per gallon ($3,332,567 / 7 MGD = $0.48 per gallon).
The non-growth-related portion of this debt is to be funded through utility rates. The non-growth-related portion represents a previous deficiency
in the water system, which is not impact fee eligible, thus other funding is needed. In other words, existing and future water users pay their fair
share of addressing infrastructure deficiencies through utility rates and future users pay their fair share of capacity expansion through the impact
fees. The City of Bozeman accounts for these separate sources and growth share of expansion projects ensuring utility rates are not funding growth
portions of debt. Thus, no revenue credit is needed to prevent double charging.
Figure 14. Water Treatment Capital Cost per Gallon
Water Distribution Cost Analysis
Lastly, there are a few growth-related water distribution projects in the water impact fee FY26-30 CIP, $33.2 million which is impact fee eligible.
One project, the future Western Transmission Main, is considered to be 100 percent growth-related and the City anticipates debt financing the
project. Impact fees can service principal and interest costs associated with growth-related debt payments. Based on the City's standard financing
assumptions (5 percent interest rate, 2 percent financing costs, over 20 years) the total cost in Figure 15 represents estimated principal and interest
payments and is entirely impact fee eligible.
In the case of water distribution infrastructure, the capital cost per gallon is found by dividing the impact fee eligible cost by the current capacity
of the water network. The capacity of the water network is based on the current capacity of the water treatment plant (22 MGD). As a result, the
Remaining Water Treatment Plant Debt Payment [1]$10,479,770
Total Remaining Payments $10,479,770
Growth's Share (31.8%)*$3,332,567
Growth's Cost $3,332,567
Added Capacity (MGD)7.0
Capital Cost per Gallon $0.48
[1] State Revolving Fund Revenue Bond Series 2011A/2011B
Principal+Interest
Total RemainingBozeman Water Debt
*Capacity at Sourdough Water Treatment Plant was previously 15 MGD and expanded to
22 MGD. Adding 7MGD, the project is 31.8% growth-related (7 MGD/22 MGD = 31.8%)
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water distribution capital cost per gallon is $1.51 ($33,199,041 / 22 MGD = $1.51 per gallon). This represents the capital cost to the Bozeman water
network for future development to buy-in to the current distribution network.
Figure 15. Water Distribution Capital Cost per Gallon
WIF99 Water Development Oversizing Distribution FY26 $2,035,000 $2,035,000
WIF68 Stucky/S 27th Water Improvements Distribution FY27 $2,811,000 $2,108,200
WIF59 Western Transmission Main / New South Pressure Zone*Distribution FY29 $29,055,841 $29,055,841
Total $33,901,841 $33,199,041
Impact Fee Eligible Costs $33,199,041
Capacity of Water System (MGD)22.00
Capital Cost per Gallon $1.51
*City plans to debt finance project. Based on the City's standard financing
assumptions (5% interest rate, 2% financing costs, over 20 years) the total
cost represents estimated principal and interest payments.
Project
Code Project Name Project Type
Year
Scheduled Total Cost
Impact Fee
Funding
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Credit for Other Revenues Sources
Evaluation of other revenues funding capital expansion is necessary to ensure the impact fee is
proportionate and there are no double charging scenarios.
The City has an existing water impact fee fund balance ($15 million) which is not scheduled for current
projects and will fund a portion of the CIP. Currently, the growth-related CIP and remaining debt payments
total $61 million. Thus, 24.6 percent of the growth-related water infrastructure cost has already been
collected. A credit for this amount is included in the final impact fee calculation.
Figure 16. Existing Water Impact Fee Fund Balance Credit
Furthermore, City staff examines the non-growth-related share of each water project. The portion that is
considered to be non-growth-related is funded through other sources such water utility rates. In this case,
impact fees are funding the growth-related portion, thus there is no double charging concern and no need
for another revenue credit. Similarly, previously issued debt for the water tank project is planned to be
100 percent funded through impact fees, requiring no credit.
Water Department Personnel and Operations
As described in the legal framework section of this report, impact fees are limited to capacity adding
capital expansion. No Water Department personnel, operations, or maintenance expenses are allowed to
be included in an impact fee and all such expenses are excluded from the impact fee. All these expenses
are paid for with monthly services charges or other non-impact fee revenue.
City of Bozeman
Water
Impact Fee Fund
Existing Fund Balance*$14,983,916
Impact Fee CIP + Debt $61,012,957
Balance Share of Growth-Related Costs 24.6%
*Excludes balance that is earmarked for current projects
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Maximum Supportable Water Impact Fees
The following figures list the maximum supportable Bozeman Water Impact Fees for residential and
nonresidential development and include an administration fee of five percent (§ 7-6-1601(5a)). After
reducing the fee for the existing fund balance credit, the net total cost per gallon is $9.09. Based on the
water account data, an EDU generates a demand of 287 gallons per day in the peak month. This results in
a capital cost per EDU of $2,609 ($9.09 per gallon x 287 gallons per EDU = $2,609 per EDU). Fees are
calculated based on EDUs. For example, the fee for a 1,300 square foot Single-Unit dwelling is $1,978
($2,609 per EDU x 0.76 EDUs = $1,978 per unit).
Notably, the results of the study are a decrease from the current residential water impact fees. Several
factors influenced this decrease. First, the recently adopted water conservation policy suggests that future
development will consume less water than current users. Specifically, irrigation water use (which accounts
for two-thirds of water use during peak season) will be reduced by 44 percent under the conservation
policy. Resulting in a reduction in the estimated demand from new development and proportionate
impact fee. Second, the existing water impact fee fund accounts for 26 percent of the impact fee eligible
costs in the Capital Improvement Plan and existing debt. In this case, a reduction of 26 percent is included
in the fee analysis. The increase in the nonresidential impact fees is a result of the relative increase in
commercial water user compared to residential water.
The fees represent the highest amount allowable for each type of applicable land use, which represents
new growth’s fair share of the cost for capital facilities. The City may adopt fees that are less than the
amounts shown. However, a reduction in impact fee revenue will necessitate an increase in other
revenues, a decrease in planned capital expenditures, and/or a decrease in levels of service.
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Figure 17. Maximum Supportable Water Impact Fee Schedule – Single-Unit Dwelling
Cost
per Gallon
Water Supply $8.07
Water Storage $1.43
Water Treatment $0.48
Water Distribution $1.51
Gross Total $11.49
Credit for Existing Fund Balance (24.6%)($2.83)
Administrative Fee (5%)$0.43
Net Total $9.09
Peak Month Daily Avg Gallons per EDU 287
Capital Cost per EDU $2,609
Residential - Single-Unit Dwelling including Townhomes
Residential (per housing unit)
Under 600 0.43 $1,115 $2,217 ($1,102)
600 to 800 0.50 $1,294 $2,217 ($923)
801 to 1,000 0.60 $1,568 $2,217 ($649)
1,001 to 1,200 0.69 $1,788 $2,217 ($429)
1,201 to 1,400 0.76 $1,978 $2,217 ($239)
1,401 to 1,600 0.82 $2,136 $2,819 ($683)
1,601 to 1,800 0.87 $2,272 $2,978 ($706)
1,801 to 2,000 0.92 $2,399 $3,167 ($768)
2,001 to 2,200 0.96 $2,504 $3,389 ($885)
2,201 to 2,400 (avg.)1.00 $2,609 $3,579 ($970)
2,401 to 2,600 1.03 $2,693 $3,769 ($1,076)
2,601 to 2,800 1.06 $2,777 $3,832 ($1,055)
2,801 to 3,000 1.10 $2,861 $4,023 ($1,162)
3,001 to 3,200 1.13 $2,935 $4,276 ($1,341)
3,201 to 3,400 1.15 $2,998 $4,276 ($1,278)
3,401 to 3,600 1.18 $3,072 $4,276 ($1,204)
3,601 to 3,800 1.20 $3,124 $4,276 ($1,152)
3,801 to 4,000 1.22 $3,188 $4,276 ($1,088)
4,001 or More 1.24 $3,240 $4,276 ($1,036)
Components
Dwelling Size
(square feet)
EDU
Factor
Maximum
Supportable Fee
Current
Fee
Increase/
(Decrease)
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Figure 18. Maximum Supportable Water Impact Fee Schedule – Other Residential
Cost
per Gallon
Water Supply $8.07
Water Storage $1.43
Water Treatment $0.48
Water Distribution $1.51
Gross Total $11.49
Credit for Existing Fund Balance (24.6%)($2.83)
Administrative Fee (5%)$0.43
Net Total $9.09
Peak Month Daily Avg Gallons per EDU 287
Capital Cost per EDU $2,609
Residential - Other Residential
Residential (per housing unit)
Under 600 0.40 $1,044 $2,217 ($1,173)
600 to 800 0.47 $1,226 $2,217 ($991)
801 to 1,000 0.57 $1,487 $2,217 ($730)
1,001 to 1,200 0.65 $1,696 $2,217 ($521)
1,201 to 1,400 0.72 $1,878 $2,217 ($339)
1,401 to 1,600 (avg.)0.77 $2,009 $2,819 ($810)
1,601 to 1,800 0.82 $2,139 $2,978 ($839)
1,801 to 2,000 0.87 $2,270 $3,167 ($897)
2,001 to 2,200 0.91 $2,374 $3,389 ($1,015)
2,201 to 2,400 0.95 $2,479 $3,579 ($1,100)
2,401 to 2,600 0.98 $2,557 $3,769 ($1,212)
2,601 to 2,800 1.01 $2,635 $3,832 ($1,197)
2,801 to 3,000 1.04 $2,713 $4,023 ($1,310)
3,001 to 3,200 1.06 $2,766 $4,276 ($1,510)
3,201 to 3,400 1.09 $2,844 $4,276 ($1,432)
3,401 to 3,600 1.11 $2,896 $4,276 ($1,380)
3,601 to 3,800 1.13 $2,948 $4,276 ($1,328)
3,801 to 4,000 1.16 $3,026 $4,276 ($1,250)
4,001 or More 1.17 $3,053 $4,276 ($1,223)
Group Quarters (per person)
Group Quarters 0.46 $1,200 $1,424 ($224)
Components
Dwelling Size
(square feet)
EDU
Factor
Maximum
Supportable Fee
Current
Fee
Increase/
(Decrease)
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Figure 19. Maximum Supportable Water Impact Fee Schedule – Nonresidential
Cost
per Gallon
Water Supply $8.07
Water Storage $1.43
Water Treatment $0.48
Water Distribution $1.51
Gross Total $11.49
Credit for Existing Fund Balance (24.6%)($2.83)
Administrative Fee (5%)$0.43
Net Total $9.09
Peak Month Daily Avg Gallons per EDU 287
Capital Cost per EDU $2,609
Nonresidential
3/4 2.60 $6,785 $4,752 $2,033
1 4.33 $11,297 $7,919 $3,378
1 1/2 8.67 $22,620 $15,840 $6,780
2 13.87 $36,187 $25,344 $10,843
3 26.01 $67,860 $47,521 $20,339
Components
Increase/
(Decrease)
Current
Fee
[1] Nonresidential demand from 3/4 inch accounts is 260 percent of
demand from residential EDU demand
Meter Size
(inches)
EDU Factor
[1]
Maximum
Supportable Fee
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Projected Water Impact Fee Revenue
Revenue projections assume implementation of the maximum supportable water impact fees and that
future development is consistent with the land use assumptions described in Appendix A: Land Use
Assumptions. To the extent the rate of development either accelerates or slows down, there will be a
corresponding change in the impact fee revenue. As shown in Figure 20, water impact fee revenue is
expected to total approximately $20 million over the next 10 years, compared to projected total water
expansion cost of $61 million. The funding gap is the result of the credit for existing impact fee fund
balance. Additionally, some of the CIP projects are expanding network capacity for growth beyond ten
years. For example, the Sourdough Reservoir has a capacity of 5 MG while there is a projected increase in
water demand of 2.2 MG (Figure 9). In this case, development over the next ten years will only be funding
its proportionate share of the project.
Figure 20. Projected Water Impact Fee Revenue
Water Supply $11,622,400 $11,622,400
Water Storage $12,858,949 $12,858,949
Water Treatment $10,479,770 $3,332,567
Water Distribution $33,901,841 $33,199,041
Total Expenditures $68,862,960 $61,012,957
EDU
$2,609
Base 2023 21,951
1 2024 22,843
2 2025 23,734
3 2026 24,424
4 2027 25,115
5 2028 25,806
6 2029 26,496
7 2030 27,187
8 2031 28,002
9 2032 28,817
10 2033 29,632
Ten-Year Increase 7,680
Projected Revenue $20,038,072
CIP Expenditures $61,012,957
Funding Gap $40,974,885
Year
Impact Fee
FundingTotal Cost
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APPENDIX A: LAND USE ASSUMPTIONS
The following sections detail base year and projected demographic assumptions. These assumptions are
used in the Water impact fee calculations along with the tandem efforts in updating the Service Area
Reports for Fire/EMS, Transportation, and Wastewater public facilities. In this case, there is data in the
following section that relates to the other efforts and not the Water calculations (i.e., trip generation rates
and the Transportation Service Area Report).
Note: definitions for the Single-Unit Dwelling and Other Residential housing types can be found Appendix
B: Land Use Definitions
Population and Housing Characteristics
Impact fees often use per capita standards and persons per housing unit or persons per household to
derive proportionate share fee amounts. Housing types have varying household sizes and, consequently,
a varying demand on City infrastructure and services. Thus, it is important to differentiate between
housing types and size.
When persons per housing unit (PPHU) is used in the development impact fee calculations, infrastructure
standards are derived using year-round population. In contrast, when persons per household (PPHH) is
used in the development impact fee calculations, the fee methodology assumes all housing units will be
occupied, thus requiring seasonal or peak population to be used when deriving infrastructure standards.
The City of Bozeman and the surrounding area is home to a significant number of second/vacation homes
and hosts many visitors throughout the year. Thus, TischlerBise recommends that fees for residential
development in Bozeman be imposed according to the persons per household.
Figure 21 shows the US Census American Community Survey 2021 5-Year Estimates data for the City of
Bozeman. Single-unit dwellings have an average household size of 2.48 persons and other residential
dwellings have an average household size of 1.92 persons. Additionally, there is a housing mix of 59
percent single-unit dwelling and 41 percent other residential.
The estimates in Figure 21 are for household size calculations. Base year population and housing units are
estimated with another, more recent data source.
Figure 21. Persons per Household
Building Permit History
In Figure 22, the past six years of building permit history is listed by housing type to understand the recent
growth trend in Bozeman. There has been a steady amount of single-unit dwelling development over the
Housing Persons per Persons per Housing
Housing Type Persons Units Housing Unit Households Household Unit Mix
Single-Unit Dwelling [1]31,140 13,355 2.33 12,534 2.48 59%
Other Residential [2]16,235 9,110 1.78 8,451 1.92 41%
Subtotal 47,375 22,465 2.11 20,985 2.26
[1] Includes attached and detached single family homes and mobile homes
[2] Includes all other types
Source: U.S. Census Bureau, 2021 American Community Survey 5-Year Estimates
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past years in Bozeman, while other residential development has been the driving factor in the elevated
construction trend. Housing development peaked in 2021 which included the largest apartment complex
ever built in the city. Housing activity leveled slowed in 2022 (consistent with the national trend with
increasing interest rates) while construction had a noticeable increase in 2023.
Overall, there has been an average of 228 single-unit dwellings and 766 other residential units constructed
annually.
Figure 22. Building Permit History by Housing Type
Base Year Housing Units and Population
Furthermore, the nature of the influx of seasonal population in Bozeman necessitates four types of
populations to be included in the impact fee study:
1) Permanent Residents
2) Seasonal Residents
3) On-Campus Students
4) Overnight-Visitors
Bozeman is a destination for vacationers, students, and seasonal residents and City facilities and services
have been sized to accommodate the additional demand. The peak population includes residents who
have second homes in the city, students living on-campus at Montana State University, and the seasonal
labor influx during peak tourism months. The MSU students living off-campus are captured in the
permanent housing population.
Bozeman permanent population is found by using the housing growth since the 2020 US Census. The 2020
decennial census estimated that there were 23,535 housing units and 49,298 household population in
Bozeman. Additionally, there were 663 single-unit dwellings and 2,384 other residential units constructed
since the survey. Based on PPHU factor, there has been an increase of 5,788 residents since the census.
By combining the 2020 US Census household population and estimated new residents since the Census,
a 2023 permanent population of 55,086 residents is estimated.
Housing Type 2018 2019 2020 2021 2022 2023 Total Average
Single-Unit Dwelling [1]266 245 211 255 197 193 1,367 228
Other Residential [2]593 546 734 1,128 522 1,075 4,598 766
Total 859 791 945 1,383 719 1,268 5,965 994
Source: City of Bozeman
[1] Includes attached and detached single family homes and mobile homes
[2] Includes all other types
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Figure 23. Permanent Population
Seasonal housing population estimates are found by applying the PPHH factors for each housing type to
base year housing estimates to the percent of housing occupied for seasonal use. As a result, the seasonal
population estimate is 4,185 (Figure 24).
Figure 24. Seasonal Population
Shown in Figure 25, in a survey of hotel and motels in Bozeman, TischlerBise found 2,241 lodging rooms
in the city. Based on general peak seasonal lodging factors there are 4,258 overnight-visitors assumed.
Figure 25. Bozeman Visitors
Lastly, based on a news briefing from Montana State University in September 2023 there were 5,200
students living on-campus. The information above is summarized in Figure 26. Based on the four
population types, there is an estimated peak population of 68,729 residents along with 26,582 housing
units in Bozeman.
Bozeman, MT Housing Units [1]HH Population [2]
2020 Census 23,535 49,298
Housing Units 2020 Census Post Census 2023
Single-Unit Dwelling 13,991 663 14,654
Other Residential 9,544 2,384 11,928
Total 23,535 3,047 26,582
PPHU
Single-Unit Dwelling 663 2.33 1,545
Other Residential 2,384 1.78 4,244
Total 3,047 5,788
Household Population 49,298 5,788 55,086
[1] Source: US Census DP1 Table
Bozeman, MT
Units Built
Post Census
New Residents
Post Census
[2] Source: US Census DP1 Table. Household population excludes those in
group quarters. Group quarters is estimated with On-Campus Students in
another figure.
Bozeman, MT 2020 Census
New Residents
Post Census 2023 Estimate
Housing Units PPHH
Single-Unit Dwelling 14,654 7%967 2.48 2,399
Other Residential 11,928 8%930 1.92 1,786
Total 26,582 1,898 4,185
Seasonal
Residents
Seasonal
Units
% Seasonal
Units
2023
Housing Units
Total Lodging Rooms 2,241
Assumed Ave Occupancy 2
Assumed Occupancy Rate 95%
Total Overnight-Visitors 4,258
Source: TischlerBise survey of lodging property
and general peak season lodging factors
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Figure 26. Base Year Housing and Population
Base Year
2023
Permanent Hsg Population [1]55,086
Seasonal Hsg Population [2]4,185
On-Campus Students [3]5,200
Overnight-Visitors [4]4,258
Total Peak Population 68,729
Housing Units [1]
Single-Unit Dwelling 14,654
Other Residential 11,928
Total Housing Units 26,582
Bozeman, MT
[1] Calculated based on 2020 US Census estimate
plus housing development since
[2] Assuming seasonal housing is fully occupied
during peak season
[3] MSU News Service (September, 2023)
[4] TischlerBise survey of lodging property and
general peak season lodging factors
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Housing Unit and Population Projections
The ten-year residential projections are listed in Figure 27. Housing development in Bozeman is assumed to continue at its current pace over the
next ten years. Overall, over the next ten years, 2,280 new single-unit dwellings and 7,660 other residential units are assumed to be constructed.
As a result of the market supporting more non-single-unit dwelling development, by 2033 there will be more non-single-unit dwelling units than
single-unit dwellings in Bozeman.
Population growth is based on housing development and PPHH factors. Over the next ten years, housing development will support 18,841 new
permanent residents and 1,520 seasonal residents. It is assumed that visitors to Bozeman will grow at the same rate as the resident population.
Lastly, MSU has built a new dormitory every five years and is currently exploring another expansion. Conservatively, a 1 percent annual growth is
assumed for on-campus students. Overall, the peak population is estimated to grow from 68,729 to 91,099, a 32.5 percent increase.
Figure 27. Residential Development Projections
Importantly, the impact fee methodology does not rely on the growth projections to determine the fee amount. Rather, the current level of service
is used in the fee calculation. In this case, if the growth projections included in the report overestimate or underestimate the real development in
Bozeman, the fee collection is still accurate. For example, if growth is slower than the 10-year projection, less revenue will be collected, however,
the City will provide less capital expansion to keep up with the level of service.
Base Year
City of Bozeman, MT 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Permanent Hsg Population [1]55,086 56,970 58,855 60,739 62,623 64,507 66,391 68,275 70,159 72,043 73,928 18,841
Seasonal Hsg Population [1]4,185 4,337 4,489 4,641 4,793 4,945 5,097 5,249 5,401 5,553 5,705 1,520
On-Campus Students [2]5,200 5,252 5,305 5,358 5,412 5,466 5,521 5,576 5,632 5,688 5,745 545
Overnight-Visitors [3]4,258 4,404 4,551 4,697 4,843 4,989 5,136 5,282 5,428 5,574 5,721 1,463
Total Peak Population 68,729 70,964 73,199 75,435 77,671 79,907 82,145 84,382 86,621 88,859 91,099 22,369
3.3%3.2%3.1%3.0%2.9%2.8%2.7%2.7%2.6%2.5%32.5%
Housing Units [4]
Single-Unit Dwelling 14,654 14,882 15,110 15,338 15,566 15,794 16,022 16,250 16,478 16,706 16,934 2,280
Other Residential 11,928 12,694 13,460 14,226 14,992 15,758 16,524 17,290 18,056 18,822 19,588 7,660
Total Housing Units 26,582 27,576 28,570 29,564 30,558 31,552 32,546 33,540 34,534 35,528 36,522 9,940
[1] Permanent and seasonal population growth is based on housing development and PPHH factors
[2] On-campus residences are conservatively assumed to grow by 1 percent annually
[3] Visitor population is estimate to grow at the same rate as permanent and seasonal population
[4] Housing development is based on the recent building permit trends without the 2021 peak development year
Total
Increase
Percent Increase
534
Water Service Area Report and Impact Fee Study
Bozeman, Montana
31
Current Employment and Nonresidential Floor Area
The impact fee study will include nonresidential development as well. The base year employment
estimates are calculated from two sources. First, from the Montana Department of Labor & Industry there
is an estimated 34,569 total jobs in Bozeman. Second, from the U.S. Census Bureau OnTheMap web
application employment splits are found between retail, office, industrial, and institutional industries. As
a result, the institutional industries (which include education and healthcare) account for the highest
share while retail industries employee over 10,000 jobs as well.
Furthermore, the floor area for the four industry types is summarized in Figure 28. Retail, office, and
industrial square footage is available from the Montana Department of Revenue (DOR). However, since
public education and healthcare facilities are tax exempt the DOR does not gather floor space for such
development. Instead, TischlerBise applied the average employee density factors (square feet per
employee) for schools and hospitals to the estimated institutional job total to estimate floor area. As a
result, there are 22.4 million square feet of nonresidential development in Bozeman. The majority being
institutional and retail industries.
Figure 28. Base Year Nonresidential Floor Area
Employment and Nonresidential Floor Area Projections
The Bozeman Community Plan 2020 provides an in-depth analysis of the local market and buildout
capacity of the city. Through 2045, the Community Plan projected a growth of 6.3 million square feet of
nonresidential development broken down by retail, office, industrial, and institutional industries. The ten-
year growth projections from the impact fee studies relies on these projections along with employee
density factors from the Institution of Transportation Engineers’ (ITE). For the retail industry the Shopping
Center land use factors are used; for office the General Office factors are used; for industrial the Light
Industrial factors are used; for Institutional the Hospital factors are used.
Figure 29. Institute of Transportation Engineers (ITE) Employment Density Factors
Employment
Industries
Base Year
Jobs [1]
Percent
of Total
Floor Area
(sq. ft.) [2]
Percent
of Total
Retail 10,116 29%7,855,849 35%
Office 7,798 23%3,025,341 14%
Industrial 5,042 15%3,204,452 14%
Institutional [3]11,612 34%8,278,652 37%
Total 34,569 100%22,364,294 100%
[3] Source: Trip Generation, Institute of Transportation Engineers,
11th Edition (2021)
[1] Source: MT Employment Statistics - LAUS
[2] Source: Montana Department of Revenue Database
Employment ITE Demand Emp Per Sq Ft
Industry Code Land Use Unit Dmd Unit Per Emp
Retail 820 Shopping Center 1,000 Sq Ft 2.12 471
Office 710 General Office 1,000 Sq Ft 3.26 307
Industrial 110 Light Industrial 1,000 Sq Ft 1.57 637
Institutional 610 Hospital 1,000 Sq Ft 2.86 350
Source: Trip Generation , Institute of Transportation Engineers, 11th Edition (2021)
535
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32
Shown in Figure 30, Bozeman is anticipated to grow by 6,075 jobs (17.6 percent) over the next ten years. Institutional, office, and retail industries
all have significant growth while industrial development is anticipated to taper off. Based on the employee density factors, the employment growth
will generate 2,250,000 million square feet of nonresidential floor area (10 percent growth from the base year).
Figure 30. Employment and Nonresidential Floor Area Projections
Base Year
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Jobs [1]
Retail 10,116 10,222 10,329 10,435 10,541 10,647 10,753 10,859 10,966 11,072 11,178 1,062
Office 7,798 7,996 8,194 8,391 8,589 8,787 8,985 9,182 9,380 9,578 9,776 1,978
Industrial 5,042 5,070 5,098 5,126 5,154 5,182 5,210 5,238 5,266 5,295 5,323 280
Institutional 11,612 11,888 12,164 12,439 12,715 12,990 13,266 13,541 13,817 14,092 14,368 2,755
Total 34,569 35,176 35,784 36,391 36,999 37,606 38,214 38,821 39,429 40,036 40,644 6,075
1.8%1.7%1.7%1.7%1.6%1.6%1.6%1.6%1.5%1.5%17.6%
Nonresidential Floor Area (1,000 sq. ft.) [2]
Retail 7,856 7,906 7,956 8,006 8,056 8,106 8,156 8,206 8,256 8,306 8,356 500
Office 3,025 3,086 3,147 3,207 3,268 3,329 3,390 3,450 3,511 3,572 3,632 607
Industrial 3,204 3,222 3,240 3,258 3,276 3,294 3,312 3,329 3,347 3,365 3,383 179
Institutional 8,279 8,375 8,472 8,568 8,664 8,761 8,857 8,954 9,050 9,147 9,243 964
Total 22,364 22,589 22,814 23,039 23,264 23,489 23,714 23,939 24,164 24,389 24,614 2,250
[1] Source: Bozeman Community Plan (2020)
[2] Source: Institute of Transportation Engineers, Trip Generation , 2021
Industry
Total
Increase
Percent Increase
536
Water Service Area Report and Impact Fee Study
Bozeman, Montana
33
Vehicle Trip Generation
Residential Vehicle Trips by Housing Type
A customized trip rate is calculated for the single-unit dwellings and other residential units in Bozeman.
In Figure 31, the most recent data from the US Census American Community Survey is input into equations
provided by the Institute of Transportation Engineers to calculate the trip ends per housing unit factor. A
single-unit dwelling is estimated to generate 9.27 trip ends and other residential units are estimated to
generate 5.36 trip ends on an average weekday.
Figure 31. Customized Residential Trip End Rates by Housing Type
Owner-Occupied 19,262 8,463 889 9,352 2.06
Renter-Occupied 20,735 4,071 7,562 11,633 1.78
Total 39,997 12,534 8,451 20,985 1.91
13,355 9,110 22,465
Persons in Trip Vehicles by Trip Average National Trip
Households4 Ends5 Type of Unit Ends6 Trip Ends Ends per Unit7
Single-Unit Dwelling 31,140 86,764 24,680 160,855 123,810 9.27 9.43
Other Residential 16,235 37,097 15,292 60,543 48,820 5.36 4.54
Total 47,375 123,861 39,972 221,398 172,630 7.68
7. Trip Generation, Institute of Transportation Engineers, 11th Edition (2021).
Local Trip
Ends per Unit
1. Vehicles available by tenure from Table B25046, 2020 American Community Survey 5-Year Estimates.
3. Housing units from Table B25024, 2020 American Community Survey 5-Year Estimates.
4. Total population in households from Table B25033, 2020 American Community Survey 5-Year Estimates.
5. Vehicle trips ends based on persons using formulas from Trip Generation (ITE 2021). For single-family housing
(ITE 210), the fitted curve equation is EXP(0.89*LN(persons)+1.72). To approximate the average population of the
ITE studies, persons were divided by 3 and the equation result multiplied by 3. For multi-family housing (ITE 221),
the fitted curve equation is (2.29*persons)-64.48 (ITE 2017).
6. Vehicle trip ends based on vehicles available using formulas from Trip Generation (ITE 2021). For single-family
housing (ITE 210), the fitted curve equation is EXP(0.92*LN(vehicles)+2.68). To approximate the average number of
vehicles in the ITE studies, vehicles available were divided by 5 and the equation result multiplied by 5. For multi-
family housing (ITE 221), the fitted curve equation is (4.77*vehicles)-46.46 (ITE 2021).
2. Households by tenure and units in structure from Table B25032, 2020 American Community Survey 5-Year
Estimates.
Vehicles per
HH by Tenure
Housing Units3
Housing Type
Households by Structure Type2
Tenure by Units
in Structure
Vehicles
Available1
Single
Family Multifamily Total
537
Water Service Area Report and Impact Fee Study
Bozeman, Montana
34
Residential Vehicle Trips Adjustment Factors
A vehicle trip end is the out-bound or in-bound leg of a vehicle trip. As a result, so as to not double count
trips, a standard 50 percent adjustment is applied to trip ends to calculate a vehicle trip. For example, the
out-bound trip from a person’s home to work is attributed to the housing unit and the trip from work back
home is attributed to the employer.
However, an additional adjustment is necessary to capture city residents’ work bound trips that are
outside of the city. The trip adjustment factor includes two components. According to the National
Household Travel Survey, home-based work trips are typically 31 percent of out-bound trips (which are
50 percent of all trip ends). Also, utilizing the most recent data from the Census Bureau's web application
"OnTheMap”, 40 percent of Bozeman workers travel outside the city for work. In combination, these
factors account for 6 percent of additional production trips (0.31 x 0.50 x 0.40 = 0.06). Shown in Figure 32,
the total adjustment factor for residential housing units includes attraction trips (50 percent of trip ends)
plus the journey-to-work commuting adjustment (6 percent of production trips) for a total of 56 percent.
Figure 32. Residential Trip Adjustment Factor for Commuters
Nonresidential Vehicle Trips
Vehicle trip generation for nonresidential land uses are calculated by using ITE’s average daily trip end
rates and adjustment factors found in their recently published 11th edition of Trip Generation. To estimate
the trip generation in Bozeman, the weekday trip end per 1,000 square feet factors listed in Figure 33 are
used. The prior service area report used the 10th Edition of the Trip Generation. The latest edition includes
travel surveys since the previous edition ensuring changes in travel behavior is being captured in the
update.
Figure 33. Institute of Transportation Engineers Nonresidential Factors
For nonresidential land uses, the standard 50 percent adjustment is applied to office, industrial, and
institutional development. A lower vehicle trip adjustment factor is used for retail development because
Employed Bozeman Residents (2020)25,702
Residents Working in Bozeman (2020)15,447
Residents Commuting Outside of Bozeman for Work 10,255
Percent Commuting Out of Bozeman 40%
Additional Production Trips 6%
Standard Trip Adjustment Factor 50%
Residential Trip Adjustment Factor 56%
Source: U.S. Census, OnTheMap Application, 2020
Trip Adjustment Factor for Commuters
Employment ITE Demand Wkdy Trip Ends Wkdy Trip Ends
Industry Code Land Use Unit Per Dmd Unit Per Employee
Retail 820 Shopping Center 1,000 Sq Ft 37.01 17.42
Office 710 General Office 1,000 Sq Ft 10.84 3.33
Industrial 110 Light Industrial 1,000 Sq Ft 4.87 3.10
Institutional 610 Hospital 1,000 Sq Ft 10.77 3.77
Source: Trip Generation, Institute of Transportation Engineers, 11th Edition (2021)
538
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Bozeman, Montana
35
this type of growth attracts vehicles as they pass-by on arterial and collector roads. For example, when
someone stops at a convenience store on their way home from work, the convenience store is not their
primary destination.
In Figure 34, the Institute for Transportation Engineers’ land use code, daily vehicle trip end rate, and trip
adjustment factor is listed for each land use.
Figure 34. Daily Vehicle Trip Factors
Residential (per housing unit)
Single-Unit Dwelling 210 9.27 56%5.19
Other Residential 220 5.36 56%3.00
Nonresidential (per 1,000 square feet)
Retail 820 37.01 38%14.06
Office 710 10.84 50%5.42
Industrial 110 4.87 50%2.44
Institutional 610 10.77 50%5.39
Land Use
ITE
Codes
Daily Vehicle
Trip Ends
Trip Adj.
Factor
Daily Vehicle
Trips
Source: Trip Generation, Institute of Transportation Engineers, 11th Edition
(2021); National Household Travel Survey, 2009
539
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Bozeman, Montana
36
Vehicle Trip Projections
The base year vehicle trip totals and vehicle trip projections are calculated by combining the vehicle trip end factors, the trip adjustment factors,
and the residential and nonresidential assumptions for housing stock and floor area. Citywide, residential land uses account for 111,875 vehicle
trips and nonresidential land uses account for 179,264 vehicle trips in the base year (Figure 35).
Through 2033, it is projected that daily vehicle trips will increase by 50,788 trips with the majority of the growth being generated by residential
development (69 percent).
Figure 35. Vehicle Trip Projections
Base Year
2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
Residential Trips
Single-Unit Dwelling 76,072 77,255 78,439 79,623 80,806 81,990 83,173 84,357 85,541 86,724 87,908 11,836
Other Residential 35,803 38,102 40,402 42,701 45,000 47,299 49,598 51,898 54,197 56,496 58,795 22,992
Subtotal 111,875 115,358 118,841 122,323 125,806 129,289 132,772 136,255 139,737 143,220 146,703 34,828
Nonresidential Trips
Retail 110,483 111,186 111,889 112,593 113,296 113,999 114,702 115,405 116,109 116,812 117,515 7,032
Office 16,397 16,726 17,055 17,385 17,714 18,043 18,372 18,701 19,030 19,359 19,688 3,291
Industrial 7,803 7,846 7,890 7,933 7,977 8,020 8,064 8,107 8,151 8,194 8,238 435
Institutional 44,581 45,100 45,619 46,138 46,658 47,177 47,696 48,215 48,735 49,254 49,773 5,193
Subtotal 179,264 180,859 182,454 184,049 185,644 187,239 188,834 190,429 192,024 193,619 195,214 15,950
Vehicle Trips
Grand Total 291,139 296,217 301,294 306,372 311,450 316,528 321,606 326,684 331,761 336,839 341,917 50,778
Source: Institute of Transportation Engineers, Trip Generation, 11th Edition (2021)
Total
IncreaseDevelopment Type
540
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Bozeman, Montana
37
Demand Indicators by Dwelling Size
Impact fees must be proportionate to the demand for infrastructure. Because averages per household,
for both persons and vehicle trip ends, have a strong, positive correlation to the square footage of the
dwelling unit, TischlerBise recommends residential fee schedules by the size of the unit (consistent with
the City of Bozeman’s current fee schedule).
Bozeman Control Totals
According to the U.S. Census Bureau, Bozeman single-unit dwellings have an average household size of
2.48 persons and other residential units have an average household size of 1.92 persons.
Figure 36. Persons per Household
Trip generation rates are also dependent upon the average number of vehicles available per dwelling. Key
independent variables needed for the analysis (i.e., vehicles available, households, and persons) are
available from the U.S. Census Bureau American Community Survey (ACS), indicating an average of 1.90
vehicles per household in Bozeman.
Figure 37. Vehicles per Household
Demand Indicators by Dwelling Size
Custom tabulations of demographic data by bedroom range can be created from individual survey
responses provided by the U.S. Census Bureau in files known as Public Use Microdata Samples (PUMS).
PUMS files are only available for areas of at least 100,000 persons with Bozeman included in Public Use
Microdata Areas (PUMA) 400.
Housing Persons per Persons per Housing
Housing Type Persons Units Housing Unit Households Household Unit Mix
Single-Unit Dwelling [1]31,140 13,355 2.33 12,534 2.48 59%
Other Residential [2]16,235 9,110 1.78 8,451 1.92 41%
Subtotal 47,375 22,465 2.11 20,985 2.26
[1] Includes attached and detached single family homes and mobile homes
[2] Includes all other types
Source: U.S. Census Bureau, 2021 American Community Survey 5-Year Estimates
Owner-occupied 19,262 8,463 889 9,352 2.06
Renter-occupied 20,735 4,071 7,562 11,633 1.78
Total 39,997 12,534 8,451 20,985 1.91
Single-Unit Dwelling [1]24,680 12,534 1.97
Other Residential [2]15,292 8,451 1.81
Total 39,972 20,985 1.90
Source: U.S. Census Bureau, 2021 American Community Survey 5-Year Estimates
Vehicles per
HH by Tenure
Housing Type Vehicles
Available
Housing
Units
Vehicles per
Housing Unit
Households
Tenure Vehicles
Available
Single
Family Multifamily Total
541
Water Service Area Report and Impact Fee Study
Bozeman, Montana
38
Cells shaded yellow below are survey results for PUMA 400. Unadjusted persons per household (2.31),
derived from PUMS data for the PUMA listed above, are adjusted downward to match the control totals
for Bozeman (2.26), as shown above in Figure 36. Adjusted persons per household totals are shaded in
gray.
Figure 38. Persons by Bedroom Range
Persons by Dwelling Size
Average floor area and number of persons by bedroom range are plotted in Figure 39 with a logarithmic
trend line derived from 2021 square footage estimates provided by the U.S. Census Bureau (West Region).
Dwellings with two bedrooms or less average 1,032 square feet of floor area—based on multifamily
dwellings constructed in the West Census Region. Three-bedroom dwellings average 2,118 square feet,
four-bedroom dwellings average 2,932 square feet, and dwellings with five or more bedrooms average
4,269 square feet—based on single-unit dwellings constructed in the West Census Region. Using the trend
line formula shown in the chart, TischlerBise derived the estimated average number of persons, by
dwelling size, using 19 size thresholds, expanding the low and high range of the fee schedule.
As shown in the upper-right corner of the table below, the smallest floor area range (under 600 square
feet) has an estimated average of 1.06 persons per dwelling. The largest floor area range (4,001 square
feet or more) has an estimated average of 3.08 persons per dwelling.
0-2 2,180 2,204 1,273 33%1.71 1.68 1.73 1.46
3 3,508 3,443 1,471 38%2.38 2.33 2.34 1.97
4 2,173 2,139 798 21%2.72 2.67 2.68 2.25
5+1,070 958 327 8%3.27 3.20 2.93 2.46
Total 8,931 8,744 3,869 100%2.31 2.26 2.26 1.90
[1] American Community Survey, Public Use Microdata Sample for Montana PUMA 400 (2021 5-Year unweighted data).
[2] Adjusted multipliers are scaled to make the average PUMS values match control totals for Bozeman based on 2021
American Community Survey 5-Year Estimates.
Unadjusted
PPHH
Adjusted
PPHH2
Unadjusted
VPHH
Adjusted
VPHH2
Bedroom
Range Persons1
Vehicles
Available1 Households1
Housing
Mix
542
Water Service Area Report and Impact Fee Study
Bozeman, Montana
39
Figure 39. Persons by Dwelling Size
Person by Dwelling Size and Housing Type
The PPHH factors in Figure 39 represents an average over all housing types in Bozeman. An equivalent
dwelling unit (EDU) analysis is completed to calculate the PPHH by size for single-unit dwellings and other
residential units.
Shown in Figure 40, one single-unit EDU is set to the average sized single-unit dwelling in Bozeman (2,201
to 2,400 square feet). The EDU factor for the other size thresholds is found by comparing the PPHH factors,
for example, a single-unit dwelling from 1,801 to 2,000 square feet is 0.92 EDUs (2.28 PPHH / 2.48 PPHH
= 0.92 EDUs).
Bedrooms Square Feet Persons Sq Ft Range Persons
0-2 1,032 1.68 Under 600 1.06
3 2,118 2.33 600 to 800 1.23
4 2,932 2.67 801 to 1,000 1.49
5+4,269 3.20 1,001 to 1,200 1.70
1,201 to 1,400 1.88
1,401 to 1,600 2.03
1,601 to 1,800 2.16
1,801 to 2,000 2.28
2,001 to 2,200 2.38
2,201 to 2,400 2.48
2,401 to 2,600 2.56
2,601 to 2,800 2.64
2,801 to 3,000 2.72
3,001 to 3,200 2.79
3,201 to 3,400 2.85
3,401 to 3,600 2.92
3,601 to 3,800 2.97
3,801 to 4,000 3.03
4,001 or More 3.08
Actual Averages per Hsg Unit Fitted-Curve Values
y = 1.0498ln(x) -5.6504
R² = 0.9878
0.00
0.50
1.00
1.50
2.00
2.50
3.00
3.50
0 1,000 2,000 3,000 4,000 5,000Person per HouseholdSquare Feet of Living Area
Persons per Household by
Square Feet of Dwelling
Average persons per household derived from
2021 ACS PUMS data for the area that
includes Bozeman. Unit size for 0-2 bedroom
is from the 2021 U.S. Census Bureau average for all multifamily units constructed in the
Census West region. Unit size for all other
bedrooms is from the 2021 U.S. Census
Bureau average for single-unit dwellings
constructed in the Census Mountain division.
543
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Bozeman, Montana
40
The EDU factors for the size threshold is then combined with the average PPHH for single-unit dwelling.
For example, found with US Census ACS 2021 data (Figure 21) the average single-unit dwelling home in
Bozeman is 2.48 persons, thus a single-unit home from 1,801 to 2,000 square feet is 2.28 persons (0.92
EDUs x 2.48 persons = 2.28 persons per household).
Figure 40. Single-Unit Dwelling PPHH by Size
Shown in Figure 41, one Other Residential EDU is set to the average sized Other Residential dwelling in
Bozeman (1,401 to 1,600 square feet). The EDU factor for the other size thresholds is found by comparing
the PPHH factors, for example, a unit from 1,001 to 1,200 square feet is 0.84 EDUs (1.70 PPHH / 2.03 PPHH
= 0.84 EDUs).
The EDU factors for the size threshold is then combined with the average PPHH for other residential
dwellings. For example, found with US Census ACS 2021 data (Figure 21) the average other residential
dwelling home in Bozeman is 1.92 persons, thus a single-unit home from 1,001 to 1,200 square feet is
1.61 persons (0.84 EDUs x 1.92 persons = 1.61 persons per household).
Single-Unit Dwelling including Townhomes
Single-Unit
EDU Factor PPHH
Under 600 1.06 0.43 1.06
600 to 800 1.23 0.50 1.23
801 to 1,000 1.49 0.60 1.49
1,001 to 1,200 1.70 0.69 1.70
1,201 to 1,400 1.88 0.76 1.88
1,401 to 1,600 2.03 0.82 2.03
1,601 to 1,800 2.16 0.87 2.16
1,801 to 2,000 2.28 0.92 2.28
2,001 to 2,200 2.38 0.96 2.38
2,201 to 2,400 (avg. single)2.48 1.00 2.48
2,401 to 2,600 2.56 1.03 2.56
2,601 to 2,800 2.64 1.06 2.64
2,801 to 3,000 2.72 1.10 2.72
3,001 to 3,200 2.79 1.13 2.79
3,201 to 3,400 2.85 1.15 2.85
3,401 to 3,600 2.92 1.18 2.92
3,601 to 3,800 2.97 1.20 2.97
3,801 to 4,000 3.03 1.22 3.03
4,001 or More 3.08 1.24 3.08
Average 2.48
Dwelling Size
(squre feet)
Overall
PPHH
544
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Bozeman, Montana
41
Figure 41. Other Residential PPHH by Size
Other Residential
Other Res.
EDU Factor PPHH
Under 600 1.06 0.52 1.00
600 to 800 1.23 0.61 1.16
801 to 1,000 1.49 0.73 1.41
1,001 to 1,200 1.70 0.84 1.61
1,201 to 1,400 1.88 0.93 1.78
1,401 to 1,600 (avg. other)2.03 1.00 1.92
1,601 to 1,800 2.16 1.06 2.04
1,801 to 2,000 2.28 1.12 2.16
2,001 to 2,200 2.38 1.17 2.25
2,201 to 2,400 2.48 1.22 2.35
2,401 to 2,600 2.56 1.26 2.42
2,601 to 2,800 2.64 1.30 2.50
2,801 to 3,000 2.72 1.34 2.57
3,001 to 3,200 2.79 1.37 2.64
3,201 to 3,400 2.85 1.40 2.70
3,401 to 3,600 2.92 1.44 2.76
3,601 to 3,800 2.97 1.46 2.81
3,801 to 4,000 3.03 1.49 2.87
4,001 or More 3.08 1.52 2.91
Average 1.92
Overall
PPHH
Dwelling Size
(squre feet)
545
Water Service Area Report and Impact Fee Study
Bozeman, Montana
42
Trip Generation by Dwelling Size
Rather than rely on one methodology, the recommended trip generation rates shown at the bottom of Figure 42, shaded gray, are an average of
trip rates based on persons and vehicles available for all types of housing units. In Bozeman, the average household is expected to yield 8.86 average
weekday vehicle trip ends (AWVTE), compared to the national weighted average of 7.45 trip ends per household.
Figure 42. Average Weekday Vehicle Trip Ends by Bedroom Range
0-2 2,180 2,204 1,273 33%1.71 1.68 1.73 1.46
3 3,508 3,443 1,471 38%2.38 2.33 2.34 1.97
4 2,173 2,139 798 21%2.72 2.67 2.68 2.25
5+1,070 958 327 8%3.27 3.20 2.93 2.46
Total 8,931 8,744 3,869 100%2.31 2.26 2.26 1.90
National Averages According to ITE
210 SFD 2.65 6.36 9.43 59%3.56 1.48
221 Apt 3.31 5.10 4.54 41%1.37 0.89
Weighted Avg 2.92 5.85 7.45 100%2.67 1.24
Recommended AWVTE per Household
0-2 4.91 8.54 6.73
3 6.80 11.52 9.16
4 7.80 13.16 10.48
5+9.34 14.39 11.87
Average 6.60 11.12 8.86
210 SFD 6.80 11.52 9.16 2.33 1.97
220 Apt 5.20 10.59 7.90 1.78 1.81
All Types 6.16 11.12 8.64 2.11 1.90
Unadjusted
VPHH
Bedroom
Range
AWVTE per
HH Based
on Persons3
AWVTE per
HH Based
on Vehicles4
AWVTE per
Household5
ITE Code AWVTE
per Person
AWVTE
per Vehicle
AWVTE
per HH
Unadjusted
PPHH
Unadjusted
PPHH
Adjusted
PPHH2
Unadjusted
VPHH
Adjusted
VPHH2
ITE Code AWVTE
per Person
AWVTE
per Vehicle
AWVTE
per HH
Housing
Mix
Persons per
Household
Vehicles per
Household
Bedroom
Range Persons1
Vehicles
Available1 Households1
Housing
Mix
1.American Community Survey,Public Use Microdata
Sample for Montana PUMA 400 (2021 5-Year unweighted
data).
2.Adjusted multipliers are scaled to make the average PUMSvaluesmatchcontroltotalsforBozemanbasedon2021
American CommunitySurvey 5-Year Estimates.3.Adjusted persons per household multiplied by national
weighted average triprate perperson.
4.Adjusted vehicles available per household multiplied by
national weighted average trip rateper vehicle.5.Average trip rates based on persons and vehicles per
household.
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43
Vehicle Trip Ends by Dwelling Size
To derive AWVTE by dwelling size, TischlerBise matched trip generation rates and average floor area, by
bedroom range, as shown in Figure 43, with a logarithmic trend line derived from 2021 square footage
estimates provided by the U.S. Census Bureau (West Region). Using the trend line formula shown in the
chart, TischlerBise derived the estimated average weekday vehicle trip ends, by dwelling size, using 19
size thresholds, expanding the low and high range of the fee schedule.
As shown in the upper-right corner of the table below, the smallest floor area range (under 600 square
feet) generates an estimated average of 4.70 trip ends per dwelling. The largest floor area range (4,001
square feet or more) generates an estimated average of 11.68 trip ends per dwelling.
Figure 43. Vehicle Trip Ends by Dwelling Size
Bedrooms Square Feet Trip Ends Sq Ft Range Trip Ends
0-2 1,032 6.73 Under 600 4.70
3 2,118 9.16 600 to 800 5.27
4 2,932 10.48 801 to 1,000 6.18
5+4,269 11.87 1,001 to 1,200 6.91
1,201 to 1,400 7.51
1,401 to 1,600 8.03
1,601 to 1,800 8.49
1,801 to 2,000 8.89
2,001 to 2,200 9.25
2,201 to 2,400 9.58
2,401 to 2,600 9.88
2,601 to 2,800 10.16
2,801 to 3,000 10.42
3,001 to 3,200 10.66
3,201 to 3,400 10.89
3,401 to 3,600 11.10
3,601 to 3,800 11.30
3,801 to 4,000 11.50
4,001 or More 11.68
Actual Averages per Hsg Unit Fitted-Curve Values
y = 3.6254ln(x) -18.482
R² = 0.9986
0.00
2.00
4.00
6.00
8.00
10.00
12.00
14.00
0 1,000 2,000 3,000 4,000 5,000Trip Ends per HouseholdSquare Feet of Living Area
Vehicle Trips by
Square Feet of Dwelling
Vehicle trips by dwelling size are derived
from 2021 ACS PUMS data for the area that
includes Bozeman. Unit size for 0-2 bedroom
is from the 2021 U.S. Census Bureau average
for all multifamily units constructed in the
Census West region. Unit size for all other
bedrooms is from the 2021 U.S. Census
Bureau average for single-unit dwellings
constructed in the Census Mountain division.
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44
Vehicle Trip Ends by Dwelling Size and Housing Type
The vehicle trip end factors in Figure 43 represents an average over all housing types in Bozeman. An
equivalent dwelling unit (EDU) analysis is completed to calculate the trip ends by size for single-unit
dwellings and other residential units. Shown in Figure 44, one single-unit EDU is set to the average sized
single-unit dwelling in Bozeman (2,201-2,400 square feet). The EDU factor for the other size thresholds is
found by comparing the trip factors, for example, homes from 1,801 to 2,000 square feet are 0.93 EDUs
(8.89 trip ends / 9.58 trip ends = 0.93 EDUs).
The EDU factors for the size threshold is then combined with the average trip end factor for single-unit
dwellings to find the trip ends by size. For example, found with US Census ACS 2021 data (Figure 31) the
average single-unit dwelling in Bozeman generates 9.27 trip ends, thus a single-unit dwelling from 1,801
to 2,000 square feet has a trip end factor of 8.60 (0.93 EDUs x 9.27 trip ends = 8.60 trip ends per
household).
Figure 44. Single-Unit Dwelling Trip Ends by Size
Shown in Figure 45, one Other Residential EDU is set to the average sized Other Residential dwelling in
Bozeman (1,401 to 1,600 square feet). The EDU factor for the other size thresholds is found by comparing
the trip factors, for example, homes from 1,001 to 1,200 square feet are 0.86 EDUs (6.91 trip ends / 8.03
trip ends = 0.86 EDUs).
The EDU factors for the size threshold is then combined with the average trip end factor for other
residential dwellings to find the trip ends by size. For example, found with US Census ACS 2021 data
(Figure 31) the average other residential dwelling in Bozeman generates 5.36 trip ends, thus an Other
Single-Unit Dwelling including Townhomes
Single-Unit
EDU Factor Trip Ends
Under 600 4.70 0.49 4.55
600 to 800 5.27 0.55 5.10
801 to 1,000 6.18 0.65 5.98
1,001 to 1,200 6.91 0.72 6.69
1,201 to 1,400 7.51 0.78 7.27
1,401 to 1,600 8.03 0.84 7.77
1,601 to 1,800 8.49 0.89 8.22
1,801 to 2,000 8.89 0.93 8.60
2,001 to 2,200 9.25 0.97 8.95
2,201 to 2,400 (avg. single)9.58 1.00 9.27
2,401 to 2,600 9.88 1.03 9.56
2,601 to 2,800 10.16 1.06 9.83
2,801 to 3,000 10.42 1.09 10.08
3,001 to 3,200 10.66 1.11 10.32
3,201 to 3,400 10.89 1.14 10.54
3,401 to 3,600 11.10 1.16 10.74
3,601 to 3,800 11.30 1.18 10.93
3,801 to 4,000 11.50 1.20 11.13
4,001 or More 11.68 1.22 11.30
Average 9.27
Dwelling Size
(squre feet)
Overall
Trip Ends
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45
Residential dwelling from 1,001 to 1,200 square feet has a trip end factor of 4.61 (0.86 EDUs x 5.36 trip
ends = 4.61 trip ends per household).
Figure 45. Other Residential Trip Ends by Size
Other Residential
Other Res.
EDU Factor Trip Ends
Under 600 4.70 0.59 3.14
600 to 800 5.27 0.66 3.52
801 to 1,000 6.18 0.77 4.13
1,001 to 1,200 6.91 0.86 4.61
1,201 to 1,400 7.51 0.94 5.01
1,401 to 1,600 (avg. other)8.03 1.00 5.36
1,601 to 1,800 8.49 1.06 5.67
1,801 to 2,000 8.89 1.11 5.93
2,001 to 2,200 9.25 1.15 6.17
2,201 to 2,400 9.58 1.19 6.39
2,401 to 2,600 9.88 1.23 6.59
2,601 to 2,800 10.16 1.27 6.78
2,801 to 3,000 10.42 1.30 6.96
3,001 to 3,200 10.66 1.33 7.12
3,201 to 3,400 10.89 1.36 7.27
3,401 to 3,600 11.10 1.38 7.41
3,601 to 3,800 11.30 1.41 7.54
3,801 to 4,000 11.50 1.43 7.68
4,001 or More 11.68 1.45 7.80
Average 5.36
Overall
Trip Ends
Dwelling Size
(squre feet)
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APPENDIX B: LAND USE DEFINITIONS
Residential Development
Single-Unit Dwelling:
1. Single-family detached is a one-unit structure detached from any other house, that is, with open
space on all four sides. Such structures are considered detached even if they have an adjoining shed
or garage. A one-family house that contains a business is considered detached as long as the building
has open space on all four sides.
2. Single-family attached (townhouse) is a one-unit structure that has one or more walls extending
from ground to roof separating it from adjoining structures. In row houses (sometimes called
townhouses), double houses, or houses attached to nonresidential structures, each house is a
separate, attached structure if the dividing or common wall goes from ground to roof.
3. Mobile home includes both occupied and vacant mobile homes, to which no permanent rooms have
been added, are counted in this category. Mobile homes used only for business purposes or for
extra sleeping space and mobile homes for sale on a dealer's lot, at the factory, or in storage are
not counted in the housing inventory.
Other Residential:
1. 2+ units (duplexes and apartments) are units in structures containing two or more housing units,
further categorized as units in structures with “2, 3 or 4, 5 to 9, 10 to 19, 20 to 49, and 50 or more
apartments.”
2. Boat, RV, Van, etc. includes any living quarters occupied as a housing unit that does not fit the other
categories (e.g., houseboats, railroad cars, campers, and vans). Recreational vehicles, boats, vans,
railroad cars, and the like are included only if they are occupied as a current place of residence. Such
living quarters are only allowed under Bozeman zoning under unusual temporary conditions.
Nonresidential Development
Nonresidential development categories represent general groups of land uses that share similar average
weekday vehicle trip generation rates and employment densities (i.e., jobs per 1,000 square feet).
Retail: Establishments primarily selling merchandise, eating/drinking places, and entertainment uses. By
way of example, Retail includes shopping centers, supermarkets, pharmacies, restaurants, bars,
nightclubs, automobile dealerships, and movie theaters.
Industrial: Establishments primarily engaged in the production, transportation, or storage of goods. By
way of example, Industrial includes manufacturing plants, distribution warehouses, trucking companies,
utility substations, power generation facilities, and telecommunications buildings.
Office: Establishments providing management, administrative, professional, or business services. By way
of example, Office can include business offices, office parks, and corporate headquarters.
Institutional: Establishments providing education and healthcare services. By way of example,
Institutional includes universities, nursing homes, daycare facilities, and hospitals.
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Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to sign a Gallatin Housing Impact Fund Grant
Agreement with Neighborworks Montana in support of the Hidden Creek
Affordable Housing Project
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Consider the Motion: I move to authorize the City Manager to sign the Grant
Agreement with Neighborworks Montana.
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:Hidden Creek Apartments is a 182 dwelling, affordable apartment complex,
including 40 units reserved for tenants earning 30% or less of Area Median
Income (AMI), to be built on the undeveloped northern half of the Gallatin
Rest Home located at 1221 Durston. The City Commission previously voted
to provide $2 million in financial support to the Hidden Creek Apartments
project. The most effective way to contribute these funds to a low income
housing tax credit (LIHTC) project is to loan the funds into the project.
Neighborworks Montana (NWMT) is a community development financial
institution (CDFI) that manages the Gallatin Housing Impact Fund, which is
designed to provide gap financing to projects in Gallatin County. The City of
Bozeman's initial $1,000,000 facilitated an initial total of $4,000,000 being
lent to projects in Bozeman, by harnessing private investments in the fund.
The City's new contribution will remain in the fund after it is repaid and can
continue to support community housing projects for years to come. NWMT's
expertise in underwriting and servicing loans protects the City's investment
in this project and prevents the City from needing to develop these
competencies in house.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The grant is payable from available funds allocated to housing projects in the
551
adopted Fiscal Year 2025 Budget for the Community Housing Fund. The total
amount of the grant is $2,000,000.
Attachments:
Bozeman Grant Agreement v1 2025.docx
Community Housing Fund_Structure and Offer_April
2023.pdf
Gallatin Housing Impact Fund_Loan Program Term Sheet.pdf
Charter for Gallatin Housing Impact Fund Advisory Board.pdf
Report compiled on: March 11, 2025
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Gallatin Community Housing Impact Fund
Grant Agreement
This Grant Agreement (“Agreement”) is made and entered into by and between 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 P.O.Box 1230, Bozeman, MT 59771(the “City”)andMontana Homeownership
Network, Inc., doing business as NeighborWorks Montana (“NWMT”), with a mailing address of
P.O. Box 1025, Great Falls, MT 59403, as of March 25, 2025 (the “Effective Date”).
WHEREAS, the Bozeman City Commission may make grants of money for public
purposes pursuant to Section 7-1-4124(9), Montana Code Annotated (“MCA”); and
WHEREAS, on October 17, 2005, the Bozeman City Commission adopted Resolution No.
3866, establishing policies for the granting of funds from the City; and
WHEREAS, the Bozeman City Commission determines the granting of funds under this
Agreement is for a public purpose benefitting the community as described herein; and
WHEREAS, the City has identified the lack of available affordable housing as a significant
challenge within the City; and
WHEREAS, encouraging the development of sustainable and lasting housing options for
lower income individuals and families is one of the City’s strategic goals; and
WHEREAS, among other programs, the City has developed an affordable housing fund to
provide assistance to facilitate affordable housing development in the City; and
WHEREAS, the City has adopted a Community Housing Action Plan, which outlines a
partnership framework to address community housing in the City; and
WHEREAS, NWMT is a statewide community development financial institution whose
mission is to strengthen communities by providing education and financing that gives every
Montanan the opportunity to live in a home where they can thrive; and
WHEREAS, NWMT has worked with various private sector partners to develop a Gallatin
Community Housing Impact Fund (the “Fund”) for the purpose of offering low-interest financing
to encourage for-profit and nonprofit developers, investors and local governments to partner with
community housing providers to preserve and expand housing solutions in Gallatin County; and
WHEREAS, the Fund will be administered and managed by NWMT under the guidance
of an advisory board (the “Board”), which shall operate in accordance with the provisions of the
Gallatin Community Housing Impact Fund Advisory Board Charter; and
WHEREAS, the Fund is seeking a combination of investments and donations, as a
combination of investment and philanthropy will allow the Fund to charge lower interest rates to
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2
borrowers, supporting the preservation and creation of more units of housing and creating deeper
affordability impacts; and
WHEREAS, the City has determined that making a grant to the Fund, on the terms and
conditions set forth in this Agreement, will help the City to achieve the purposes of its affordable
housing fund and maximize the impact of its affordable housing dollars.
NOW, therefore, the parties agree as follows.
1.The Grant. Subject to the terms and conditions hereof, the City hereby grants
$2,000,000 (the “Grant”) from the City’s affordable housing fund to NWMT as a donation to the
Fund. NWMT hereby accepts the Grant and agrees to use the Grant in accordance with the terms
and conditions set forth in this Agreement.
2.NWMT Representations.
(a)NWMT 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 NWMT’s performance under this Agreement.
(b)NWMT 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
NWMT to meet this warranty.
(c)NWMT represents and warrants to City that the Grant funds are necessary
to accomplish the financial requirements of the Fund.
3.The Initial Loan; Loans Within City Limits.
(a)NWMT, as the administrator of the Fund, agrees to use the Grant to make a
loan from the Fund for a housing project acceptable to NWMT and the City and located
within the City limits prior to June 30, 2026.
(b)The parties agree that if the Grant is not used to make a loan for a housing
project in accordance with subparagraph 2(a) above by June 30, 2026, NWMT will repay
the Grant to the City, unless the City agrees in writing to an extension.
(c)In consideration of receipt of the Grant and in furtherance of the purpose of
the Fund, NWMT agrees that, following the initial deployment of the Grant to make a loan
as described in subparagraph (a) above, a minimum of $3,000,000 of the Fund will be used
to make loans for housing projects located within the City limits, measured on an annual
basis as of the last day of the fiscal year of the Fund. The parties recognize that the Fund
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3
is a revolving loan fund, and that amounts loaned from the Fund will be repaid and re-
deployed over time. The parties intend that, as far as reasonably possible, in each year the
Fund will have a minimum of $3,000,000 in loans outstanding to housing projects located
within the City limits.
4.The Board. NWMT has created or shall create the Board to provide input to support
the success of the Fund. The City shall have the right to appoint a member to the Board, and the
City hereby selects the [City Manager or his or her designee] to represent the City on the Board.
Meetings of the Board shall be open to the public and members of the public shall be given the
opportunity to be heard.
5.Reports/Accountability/Public Information. If Grant funds are paid to NWMT,
NWMT will provide to the City on an annual basis a formal written report that includes, at a
minimum, information regarding the loans made by the Fund. NWMT shall maintain complete
records of receipts and expenditures for the Fund pursuant to generally accepted accounting
principles, and NWMT agrees to develop and/or provide such other documentation as requested
by the City demonstrating NWMT’s compliance with the requirements of this Agreement. NWMT
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 monies provided to NWMT pursuant to this
Agreement were used in compliance with this Agreement and all applicable provisions of federal,
state, and local law. NWMT shall retain annual financial records for seven years after the
applicable fiscal year and shall retain records relating to specific loans from the Fund for seven
years after the repayment in full of the applicable loan. NWMT shall not issue any statements,
releases or information for public dissemination relating to the City’s role in the Fund without
prior approval of the City’s Representative described in Section 13 hereof.
6.Independent Contractor Status. The parties agree that NWMT, 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. NWMT
and its agents, employees, contractors, and subcontractors are not subject to the terms and
provisions of the City’s personnel policies handbook and may not be considered City employees
for workers’ compensation or any other purpose. NWMT, its agents, employees, contractors, and
subcontractors are not authorized to represent the City or otherwise bind the City in any way.
7.Termination for NWMT’s Fault:
(a)If NWMT 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 NWMT’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”).
(b)In the event of a termination pursuant to this Section 7: (i) within 20 days
of the date of the Termination Notice Due to Contractor’s fault, NWMT shall return to the
City any amount of the Grant that has not been loaned as of the date of the Termination
Notice Due to Contractor’s Fault, together with all books, records and all other information
related to the loans that have been made using amounts of the Grant, and (ii) within 90 days
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4
after the date of the Termination Notice Due to Contractor’s Fault, NWMT shall be
required to repay to the City the portion of the Grant that has been loaned, less net Fund
loan losses relating to housing projects within the City limits as of the date of such
termination notice. The City may take any action, including any legal action it deems
necessary, to recover such amount from NWMT.
(c)Any termination provided for by this Section 7 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 7, NWMT 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.
8.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 NWMT (“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 NWMT.
(b)Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, NWMT may immediately cease performance under this
Agreement.
(c)In the event of a termination pursuant to this Section 8, NWMT 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.Default Provisions. If NWMT dissolves, the Fund dissolves, the Grant is not used
in accordance with this Agreement, including Section 3 hereof, or NWMT otherwise fails to
comply with the terms and conditions of this Agreement and this Agreement is terminated as
described in Section 7 hereof, the City shall then have the right to:
(a)Pursue any action available to it, at law or in equity, including specific
performance, in order to enforce the terms of this Agreement, and
(b)Recover (i) any amount of the Grant that has not been loaned as of the date
of the termination, and (ii) within 90 days after the date of the termination, the portion of
the Grant that has been loaned, less net Fund loan losses relating to housing projects within
the City limits as of the date of termination. The City may take any action, including any
legal action it deems necessary, to recover such amount from NWMT.
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Whenever any Event of Default described in this Agreement occurs and the City shall
employ attorneys or incur other expenses for the collection of payments due or to become due or
for the enforcement or performance or observance of any obligation or agreement on the part of
NWMT herein contained, and the City prevails in an action to enforce this Agreement, NWMT
agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and
such other expenses as may be reasonably and appropriately incurred by the City in connection
therewith.
10.Governing Law. This Agreement shall be governed by the laws of the State of
Montana without regard to the conflict of law principles thereof.
11.Assignment. Neither this Agreement nor any of the rights, benefits, duties or
obligations provided herein may be assigned by NWMT without the prior written consent of the
City.
12.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.
13.Representatives.
(a)City’s Representative. The City’s Representative for the purpose of this
Agreement shall be David Fine, Economic Development Manager,or such other individual
as City may designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication
or submission must be directed to the City’s Representative and approvals or authorizations
will be issued only by such Representative; provided, however, that in exigent
circumstances when City’s Representative is not available, NWMT may direct its
communication or submission to other designated City personnel or agentsand may receive
approvals or authorization from such persons.
(b)NWMT’s Representative. NWMT’s Representative for the purpose of this
Agreement shall be Kaia Peterson, Executive Director, or such other individual as NWMT
designates in writing. Whenever direction to or communication with NWMT is required
by this Agreement, such direction or communication must be directed to NWMT’s
Representative; provided, however, that in exigent circumstances when NWMT/s
Representative is not available, City may direct its direction or communication to other
designated NWMT personnel or agents.
14.Indemnity/Waiver of Claims. To the fullest extent permitted by law, NWMT
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 NWMT’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
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6
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). NWMT’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 NWMT to
assert its right to defense or indemnification under this Agreement 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 NWMT was obligated to defend
the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against 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.
NWMT 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 Section 28-2-702, MCA.
The obligations set forth in this Section 14 shall survive termination of this Agreement.
15.Nondiscrimination, Equal Pay, and Living Wage. NWMT agrees that all hiring by
NWMT of persons performing this Agreement shall be on the basis of merit and
qualifications. NWMT will have a policy to provide equal employment opportunity in accordance
with all applicable state and federal anti-discrimination laws, regulations, and contracts. NWMT
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.
In addition, NWMT 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). NWMT must report to the City any violations of the Montana Equal Pay
Act that NWMT has been found liable for or guilty of within 30 days of such finding for violations
occurring during the term of this Agreement.
NWMT shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
16.Amendments. This Agreement may be supplemented, amended, or modified only
by the mutual written agreement of the parties.
17.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 the City Attorney.
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18.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.Notices. Any formal notice, demand or communication required or permitted by
the terms of this Agreement to be given to the City or NWMT will be in writing and will be
delivered to such party either: (i) by personal hand-delivery, or (ii) by depositing the same in the
United States mail, certified mail with return receipt requested, addressed to such party at the
address named below, with postage prepaid thereon. Notice will be deemed complete upon receipt
of the notice pursuant to any of the foregoing methods of notice.
If to City:
City of Bozeman
Attention: Bozeman City Manager
121 N. Rouse Ave.
P.O. Box 1230
Bozeman, MT 59771
If to NWMT:
NeighborWorks Montana
Attention: Kaia Peterson, Executive Director
P.O. Box 1025
Great Falls, MT 59403
The City and NWMT, by notice given hereunder, may designate different addresses to which
subsequent notices, certificates or other communications should be sent.
20.Severability. If a court of competent jurisdiction holds any provision of this
Agreement invalid or unenforceable, the remaining provisions will nonetheless be enforceable. If
such court determines that any provision of this Agreement is held to be overbroad as written, such
provision will be deemed amended to narrow its application to the extent necessary to make the
provision enforceable according to applicable law and enforced as amended.
21.Term. This Agreement shall be effective as of the Effective Date and shall continue
for thirty (30) years, unless earlier terminated (i) as described in Sections 7, 8 and 9 hereof; (ii) by
the City, in its sole discretion; or (iii) by NWMT, only if it repays the City the full amount of the
Grant.
22.Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed one and the same 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.
559
DRAFT 03/11/25
8
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the Effective Date.
CITY OF BOZEMAN, MONTANA
By:_______________________________________
Printed Name: Chuck Winn
Title: Interim City Manager
560
DRAFT 03/11/25
9
NEIGHBORWORKS MONTANA
By:_______________________________________
Printed Name:
Title:
561
GALLATIN COMMUNITY HOUSING IMPACT FUND
FUND PURPOSE
To provide stable returns for long-term investments to fund housing solutions. The fund will offer low-
interest financing to encourage for-profit and nonprofit developers, investors, and local governments to
partner with community housing providers to preserve and expand housing solutions in Gallatin County.
FUND TARGETS
The initial fund targets will be to support projects serving renters with incomes up to $70,000 per
household and create homeownership opportunities for households with incomes up to $150,000 per
household. At least 60% of the fund dollars and projects funded will serve households making less than
80% of the area median income, and the highest income levels served will be 150% of area median.
Refer to loan program terms for more detailed parameters.
ANTICIPATED IMPACT
This fund is anticipated to create and preserve 850 units of housing. Fund dollars are expected to be
leveraged 8:1 attracting $80,000,000 in dollars from other sources.
IMPACT FUND ADVISORY BOARD
Funds will be invested in NeighborWorks Montana who will administer the fund under the guidance of a
local fund advisory board. The advisory board will be comprised of loan pool investors. Each investor
with $250k or more invested in the fund will hold a seat on the board. The board will meet bi-annually
to review deployment and impacts. Other stakeholders may be invited to attend meetings for education
and discussion.
Role of the Advisory Board
High level fund parameters and targets have been set up front to meet community needs. The advisory
board will have the ability to adjust maximum loan dollars per project, and oversee and approve any
changes in fee structure requested by NWMT. The advisory board will not define specific products or
more detailed underwriting standards. These will be defined by NeighborWorks Montana as the fund
manager.
Advisory board members may also be called on to provide local market perspective for NWMT
underwriting and provide suggestions for market needs that could be addressed using available Impact
Fund dollars.
NEIGHBORWORKS MONTANA FUND MANAGEMENT
NeighborWorks Montana will be responsible for all fund management and administration. This includes
loan product development, policies and procedures, marketing, receipt of applications, underwriting,
originating, and servicing. NeighborWorks Montana is a statewide Community Development Financial
Institution whose mission is to strengthen communities by providing education and financing that gives
every Montanan the opportunity to live in a home where they can thrive.
562
NWMT will charge origination of 1.00% of total loan amount for all loan types. In addition, NWMT will
manage the fund for a 1.50% net rate of return. NWMT may request changes to fees and rates through
approval of the fund advisory board. At the end of the fund term any returns in excess of the agreed
upon rate to the fund manager will be reinvested in the Gallatin Community.
Unless otherwise defined specifically for this fund, NWMT will follow all internal NWMT organizational
policies and procedures including financial management and loan reserves.
FUND INVESTMENT OPPORTUNITY
The Community Housing Impact Fund requires a combination of investments and donations and is
seeking interested investors and donors to participate in this fund. Impact investments will be pledged
up front and drawn over a two-year period. Philanthropic gifts will be pledged up front and may be
gifted over a two-year period.
Funding Source Dollar Amount
Impact Investment $8,000,000
NWMT Investment $1,000,000
Grants & Donations $1,000,000
Total Impact Fund $10,000,000
The minimum impact investment amount is $100k. The term on these investments is 10- to 15-years
with an interest rate of 2.00%. Investors who do not require a return on this investment are encouraged
to invest at 0.00%. With lower returns to investors the fund can charge lower rates to borrowers,
support the preservation and creation of more units, and create deeper affordability impacts. In
addition, investors are encouraged to also be donors. It is the combination of investment and
philanthropic giving that will best meet community and project needs.
563
GALLATIN COMMUNITY HOUSING IMPACT FUND GAP FINANCING
PROGRAM HIGHLIGHTS
Type of Program: In partnership with local financial institutions, private sector
stakeholders, government, and non-profit organizations a
community impact fund has been established to fund housing
solutions throughout Gallatin County. The fund purpose is to offer
low-interest financing to encourage for-profit and nonprofit
developers, investors, and local governments to partner with
community housing providers to preserve and expand housing
solutions in Gallatin County.
Eligible Applicants: Applicant can be a for-profit, non-profit, or governmental entity.
The property must be held by a Single Asset Entity.
Types of Projects: New construction or acquisition/rehabilitation of properties
providing housing for rent or for sale. Land acquisition and pre-
development are also eligible. Projects or units financed with the
fund must serve renter households with incomes no greater than
80% AMI and homebuyer households with incomes no greater
than 150% AMI.
Security: Subordinate mortgage
Loan-to-Development Cost:Program can provide gap financing up to 20% of the total
development cost for acquisition, rehab, construction, and
permanent financing or up to 35% for land acquisition and/or
predevelopment costs.
Loan Amounts: Intended to be gap financing for projects. Maximum to any one
project is $1,500,000. Higher amounts may be available if outside
sources are allocated to the fund for a specific project or purpose.
Loan Term: Up to 40-year amortization. Maximum term of 10-years except for
LIHTC projects which may go up to 17 years. Amortizing payments
are expected. A period of deferment or interest-only may be
offered depending on project needs. Land acquisition and/or pre-
development loans interest-only, term not to exceed three years.
Reserve Requirements: Escrows to be established for property taxes and hazard
insurance, operating reserve, and reserve for replacement by the
first mortgage.
Interest Rate: Targeted interest rate is 2.00% below the first mortgage for
projects with a minimum of a 30-year period of affordability, and
1.00% below the first mortgage for projects with a minimum of a
15-year period of affordability. Interest rate floor is 3.50%. Rate
floor for land acquisition and predevelopment is 4.50%.
Origination Fees: Total of 1% of loan amount due at closing
564
Approved by NWMT Board of Directors 06/01/2023
Gallatin Community Housing Impact Fund Advisory Board Charter
I. Purpose and Scope of Work
The Advisory Board is created to provide input to support the success of the Gallatin Community Housing
Impact Fund. The fund is held and managed by NeighborWorks Montana (NWMT).
The specific scope of work of the Advisory Board may include the following:
• Adjust maximum loan dollars per project as needed to meet project and community needs
• Oversee and approve changes in fund manager fee structure as requested by NWMT
• Provide local market perspective for NWMT underwriting and provide suggestions for market needs
that could be addressed using available Impact Fund dollars
• Act as ambassadors for the fund to the broader Gallatin community, sharing fund goals and impacts
The advisory board will not define specific products or more detailed underwriting standards or review
individual project applications or terms. These will be defined by NWMT as the fund manager.
II. Exclusions
Advisory Board members shall not have power to make decisions about NWMT program management or
operations not specifically defined in the scope of work above. They cannot outline rules for how the
organization operates, give employees instructions, or give directives to the Board of Directors or
management.
Advisory Board members shall not speak on behalf of NWMT or on behalf of the Gallatin Community
Housing Impact Fund without coordinating with NWMT as the fund manager.
III. Membership
The Advisory Board shall be comprised of two NWMT designees and fund investors who have invested
$250k or more in the fund. NWMT designees will be appointed by the NWMT Governance Committee. Each
investing entity may appoint one representative to the Advisory Board. All Advisory Board members must
sign NWMT’s conflict of interest statement and confidentiality acknowledgement and act in the interests of
the fund and the Gallatin community housing goals.
IV. Organizational Structure
The Advisory Board shall be co-chaired by a NWMT designee to the advisory board and the President of First
Security Bank or their designee as the lead fund investor. The co-chairs shall have the authority to call and
run meetings of the Advisory Board.
V. Procedural Rules
Meetings: The committee will meet at least two times per year. Written notices of upcoming meetings will be
emailed to members at least seven days before a meeting. Meetings will also be publicly noticed on the
NWMT website at least 48 hours before a meeting. Meetings shall be held in person or remotely via video or
phone conference.
Minutes: Minutes of each meeting will be kept and shared with Advisory Board members and NWMT’s board
of directors.
565
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Ben Abbey, Chief Building Official
SUBJECT:Appointments to the Building Board of Appeals
MEETING DATE:March 25, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to appoint two members to the Building Board
of Appeals to terms ending December 31, 2026 or December 31, 2027.
-AND-
I move to appoint ______________________ as Vice-Chair of the Building
Board of Appeals.
-AND-
I move to adjust the term of Eugene Graf, who was appointed at the January
14th, 2025 Commission meeting, to a term ending December 31st, 2027.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Building Board of Appeals has two positions available due to vacancy.
These two terms will end December 31, 2027. Both at-large positions are
Mayoral appointments.
The City Clerks' Office posted the notice of positions online and ran a legal
ads in the Bozeman Daily Chronicle. Seven applications were received.
The role of Vice-chair will also need to be appointed.
One of the appointees (Eugene Graf, Thomas Kujawa, and Andrew Arena)
who were appointed to the Board at the January 14th, 2025 Commission
meeting to a term ending December 31, 2026 will need their term adjusted
to end December 31, 2027.
566
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by Commission.
FISCAL EFFECTS:None.
Attachments:
05-09-23 - CAB Applications - Eugene Graf.pdf
05-03-24 - CAB Applications - Jon Zemans.pdf
11-20-24 - CAB Applications - Thomas Kujawa.pdf
01-07-25 - CAB Applications - Andrew Arena.pdf
Sean Paulauskis 01-29-25.pdf
Jason Martel 01-22-25.pdf
Bayliss Ward 02-18-25.pdf
Report compiled on: January 8, 2025
567
From:City of Bozeman, MT
To:Agenda
Subject:*NEW SUBMISSION* Citizen Advisory Board Application
Date:Tuesday, May 9, 2023 3:57:30 PM
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.
Citizen Advisory Board Application
Submission #:2423956
IP Address:69.145.52.232
Submission Date:05/09/2023 3:57
Survey Time:6 minutes, 15 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Read-Only Content
Applicant Information
Full Name
Eugene Graf
Residential Address
211 Mathewbird Cir
Bozeman, MT 59715
Primary Phone
4065798248
Additional Phone
Current Occupation
Home Builder
Employer
E.G. Construction
Email
eugene@eg-construction.com
Which position are you applying for?
Building Board of Appeals
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
568
11 years or more
Have you ever served on a City or County Board or Commission?
Yes
Where, how long, and what Board?
Bozeman planning board, bozeman economic development board 2010 era for both
Please describe your professional and personal experiences, interest, and qualifications that make you a good fit
for this board.
I have been in the building profession for 20+ years and believe in a positive relationship between the city staff and
the professional world and a clear predictable process is detrimental for that to happen. I believe I can be a voice for
both sides in conflict resolution
The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged
in to expand your understanding of DEI.
I treat everyone respectfully
References
Read-Only Content
Reference #1 Full Name
Bill Fiedler
Phone
4065390959
Email
bill@distinctivelighting.com
Section Break
Reference #2 Full Name
Chris Budeski
Phone
4065399711
Email
chris@mad-eng.com
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If
appointed, do you understand you will be expected to take online and in person ethics training?
Yes
How did you hear about this board or vacancy?
through the grapes vine
Is there any other information that you feel we need to know?
Read-Only Content
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
569
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323.
Applicant Information
* Full Name
Jon Zemans
* Residential Address
1421 Kenyon Drive
Bozeman MT 59715
* Primary Phone
(406) 209-6840
* Current Occupation
Retired Healthcare CEO
* Employer
The Wesley Group, Rochester, NY
* Email
jonz39@yahoo.com
Which position are you applying for?
Building Board of Appeals
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
6-10 years
* Have you ever served on a City or County Board or Commission?
Yes
Where, how long, and what Board?
Chairman, Commission to Analyze Savings & Efficiency, Office of the County Executive, Monroe County, NY (Back in the Day)
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
University of Chicago MBA, 40 years management experience. Photographer and grandfather.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
Treasurer & Director, Greater Community of Churches, Rochester, NY
References
Please provide name, phone, and email contact information for two references.
Page | 1 570
* Reference #1 Full Name
Andy Knight
* Phone
(406) 582-2023
* Email
aknight@bozeman.net
* Reference #2 Full Name
George Haddenhorst
* Phone
(406) 860-0436
* Email
Ghaddenhorst@gmail.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
Email from City of Bozeman, MT
Is there any other information that you feel we need to know?
Not likely.
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301).
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 571
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
* Full Name
Thomas Kujawa
* Residential Address
2463 Blackfeet Ln
Bozeman Montana 59715
* Primary Phone
(406) 580-2939
* Current Occupation
Structural Engineer
* Employer
Hicks Engineering PC
* Email
tkujawa@hicksengineeringpc.com
Which position are you applying for?
Building Board of Appeals
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
11 years or more
* Have you ever served on a City or County Board or Commission?
No
Where, how long, and what Board?
n/a
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
Tom Kujawa is a Professional Structural Engineer and Principal & VP at Hicks Engineering PC. He has extensive experience with building codes and all major building
materials. He works closely with professional design teams and understands building construction, development, and community impacts. Tom has lived in Bozeman since
2003. He offers a deep understanding of the importance of building codes, development challenges, and is impartial in his approach to situations with divergent viewpoints.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
Tom has a personal appreciation for individuality and the value that it brings to a community. He prides himself on approaching situations and relationships without
judgement and values how much can be learned from various peoples’ backgrounds, ideals, beliefs, struggles and identities. In larger settings, he advocates for those that
may be less vocal, but nonetheless have important messages to share, and endeavors to bring all stakeholders together when making impactful decisions.
Page | 1 572
References
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
John How
* Phone
(406) 589-5335
* Email
john.how@montana.edu
* Reference #2 Full Name
Kyle Scarr
* Phone
(406) 461-8465
* Email
Kyle.Scarr@tdhengineering.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
Ben Abbey (Bozeman Chief Building Offical)
Is there any other information that you feel we need to know?
As a member of the Building Code Board of Appeals, Tom will maintain impartiality while reviewing appeals, interpreting the building code, and making recommendations.
He will leverage his professional experience and maintain a fair and balanced approach to the challenges and requests he will face. As a volunteer, he is committed to
dedicating the necessary time to review each application in detail and provide objective findings and recommendations. He would be honored to serve on the Board.
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 573
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
* Full Name
Andrew Arena
* Residential Address
1007 S. Bozeman Ave.
Bozeman MT 59715
* Primary Phone
(406) 539-3640
* Current Occupation
Sales Lead/ Estimator
* Employer
DP Doors & Millwork
* Email
arenaconstruction.mt@gmail.com
Which position are you applying for?
Building Board of Appeals
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
6-10 years
* Have you ever served on a City or County Board or Commission?
No
Where, how long, and what Board?
**SKIPPED**
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
I’ve worked in the trades for 17 years, starting in hardscape and masonry during high school summers and transitioning to frame-to-finish carpentry after earning an AS in
Construction Technology from Southern Maine Community College. I’ve managed diverse construction projects and owned a remodeling business before shifting to sales.
My background as a freelance writer has helped to blend my industry expertise with strong communication skills, making me a prime candidate for this position.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
I recently began organizing adult rec volleyball open gyms with Overtime Sports. This experience has enhanced my understanding of diversity, equity, and inclusion. It’s
taught me to foster connections across diverse backgrounds, ensure fair play, and create a welcoming space. Creating balanced participation, resolving conflicts, and
addressing biases emphasized the importance of empathy, clear communication, and providing equitable opportunities to build an inclusive and collaborative community.
Page | 1 574
References
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Gordon Smith
* Phone
(650) 245-3118
* Email
gsmith@raindale.com
* Reference #2 Full Name
Shawn Holmes
* Phone
(406) 220-1284
* Email
s.holmes@dpdoorsmt.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
My friends Ashlie Gilbert and Shelby Smith.
Is there any other information that you feel we need to know?
Given the opportunity, I would be excited to put my building and construction knowledge to use in a new and different application.
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 575
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
* Full Name
Sean Paulauskis
* Residential Address
1002 Sunrise Dr
Belgrade MT 59714
* Primary Phone
(406) 581-9824
* Current Occupation
VP of Community Engagement
* Employer
Valley Credit Union
* Email
spaulauskis@valleyfcu.com
Which position are you applying for?
Building Board of Appeals
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
No
How long have you lived in the Bozeman Area?
11 years or more
* Have you ever served on a City or County Board or Commission?
No
Where, how long, and what Board?
N/A
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
MT Born - Bozeman 99 to 2018, Belgrade 2018 to Current. I know this town very well and have strong relationships across the valley. I own and operate a self built but
humble real-estate portfolio. Which also included building a spec home in Ennis. I love real-estate, DYIs, and have the experience working with the city when opening Valley
CU's branch in Bozeman and Chase Banks Branch more recently. On top of it all I just really love solving problems and usually find success. Lets do this thing!
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
I have taken part in many optional and mandatory trainings and courses provided by JP MORGAN Chase Bank. Certificates earned are internal only however these
accreditations are held in high regard within the company on Chase Bank. This is the only formal training I have had. Outside of formal training, my fiancé has introduced to
me to "Queer Eye" the show. I learned a lot from watching this, especially Jon who is non-binary. This made me curious to learn more and comfortable to do so.
Page | 1 576
References
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Brandon Scala
* Phone
(406) 855-8884
* Email
bscala@valleyfcu.com
* Reference #2 Full Name
Omar Shehryar
* Phone
(406) 451-3688
* Email
omar@montana.edu
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
Proactive research on bozeman.net
Is there any other information that you feel we need to know?
I reside outside of Bozeman City limits, work in Bozeman, own and operate rental in Bozeman. I wanted to make this clear so it is apparent I have ties to the City of
Bozeman more so than Belgrade. If this position requires you to live in city limits I request that my above comments are taken into consideration. Thank you for your time!
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 577
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
* Full Name
Jason Martel
* Residential Address
2104 Spring Creek Drive
Bozeman Montana 59715
* Primary Phone
(406) 579-7562
* Current Occupation
General Building Contractor
* Employer
Martel Construction
* Email
jmartel@martelconstruction.com
Which position are you applying for?
Building Board of Appeals
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
11 years or more
* Have you ever served on a City or County Board or Commission?
Yes
Where, how long, and what Board?
Building Board of Appeals
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
Previous experience on the board along with nearly 45 years of construction experience in Bozeman
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
I believe that DEI initiatives, while well-intentioned, can sometimes prioritize group identity over individual merit and qualifications. I think it's important to focus on fairness
and equal opportunity based on personal abilities, skills, and experience, rather than emphasizing diversity metrics. True inclusion should be about treating everyone equally
and focusing on individual contributions, without creating new divisions or forms of discrimination
References
Page | 1 578
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Brett Gunnink
* Phone
(406) 994-2272
* Email
bgunnink@montana.edu
* Reference #2 Full Name
Kris Koessl
* Phone
(406) 248-2633
* Email
kkoessl@ae.design.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
City of Bozeman Chief Building Official - Previous Board Member
Is there any other information that you feel we need to know?
**SKIPPED**
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 579
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
* Full Name
Bayliss Ward
* Residential Address
4575 Valley Commons
Suite 102
Bozeman MT 59718
* Primary Phone
(406) 586-5007
* Current Occupation
Architect
* Employer
Bayliss Architects, P.C.
* Email
bayliss@baylissarchitects.com
Which position are you applying for?
Building Board of Appeals
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
1-5 years
* Have you ever served on a City or County Board or Commission?
Yes
Where, how long, and what Board?
Bozeman, Board of Appeals
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
Professionally, i was the recent President for NCARB which is the national organization that is in charge of the regulatory issues for all licensed architects in the US and
other territories. I was the president for the State of Montana for 14 years and I have been practicing architecture for over 30 years in Montana, 10 other states in the US
as well as England. I feel very qualified for this board.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
I was a key figure in changing the governance for NCARB while president. DEI is important as long as it is a qualification based and not a check the box process to
implement into all aspects of work and life.
Page | 1 580
References
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Michael Armstrong
* Phone
(202) 549-8000
* Email
MArmstrong@ncarb.org
* Reference #2 Full Name
Sloan Bauer
* Phone
(406) 586-5007
* Email
sbauer@baylissarchitects.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
Ben Abbey
Is there any other information that you feel we need to know?
I feel more than qualified to assist appeal issues
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 581
First Amend. to Construction Agreement for
2023 Downtown Bozeman Alley Enhancement Pilot Project
Page 1 of 23
FIRST AMENDMENT TO CONSTRUCTION AGREEMENT
This Construction Agreement is made and entered into this _____ day of ____________,
202__ (“Effective Date”), by and between the BOZEMAN DOWNTOWN URBAN
RENEWAL DISTRICT, an agency of the CITY OF BOZEMAN, MONTANA, a self-
governing municipal corporation organized and existing under its Charter and the laws of the State
of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as “City,” and, CONSTRUCTIVE SOLUTIONS,
INC., hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
Recitals
A. The City issued an Invitation to Bid for the construction project known as
Downtown Bozeman Alley Enhancement Pilot Project (“Construction Project”) pursuant to the
requirements of all applicable statutes, rules, regulations, and ordinances.
B. The City analyzed all responses to the Invitation to Bid received pursuant to its
standard practices and the requirements of all applicable statutes, rules, regulations, and
ordinances.
C. Upon the full execution of this Construction Agreement, the City will issue the
Notice of Award, attached as Exhibit A, to Contractor.
In consideration of the covenants, agreements, representations, and warranties contained
herein, the Parties agree as follows:
Agreement
1. Work to be Performed:
a. A description of the work to be performed including asphalt coatings, visual
enhancements via murals and sculpture installation, lighting improvements, landscape and
hardscape improvements, site furnishings, signage, and miscellaneous other items in and
around the alley between North Tracy Avenue and North Black Avenue within the City of
DocuSign Envelope ID: 7F51E609-DAC2-4001-AD4D-3F3C9984697A
February
4
13th
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Bozeman (the “Construction Project”) and Contractor’s duties is set forth in the Scope of
Services attached hereto as Exhibit B and by this reference made a part hereof. The City’s
Notice of Award is attached here as Exhibit A.
A part of the Construction Project includes the installation of commissioned murals and
sculptures (“Artwork”), which is detailed in Artwork Scope of Services, attached Exhibit
C. When the term “Artwork” is specifically used in this Agreement, it explicitly excludes
any other work described in paragraph 1(a) of this Construction Agreement. Contractor
and the City are jointly responsible for the approval of all selected Artwork that will be
installed as part of the Construction Project.
The following constitute the Construction Documents and are made a part of this
Agreement as if incorporated herein:
• This Agreement;
• All required insurance;
• The Contractor’s Nondiscrimination and Gender Pay Affirmation;
• The Scope of Services;
• Artwork Scope of Services;
• The Notice of Award;
• The Drawings, Plans, and Specifications;
• Artwork Plans and Drawings;
• Transfer and Assignment of Copyright for Public Artwork; and
• 1990 Visual Artists’ Rights Act Waiver.
Where a provision of any other portion of the Construction Documents conflicts with this
Agreement, the terms and conditions of this Agreement shall control.
All work under this Agreement that is subject to the Montana Public Works Standard
Specifications or the City’s Modifications to the same must comply with such standards.
b. Prior to the commencement of any work on the Construction Project,
Contractor’s representatives and City’s representatives shall hold a meeting to establish a
working understanding among the parties as to the scope of the Construction Project and
duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding
issues related to the plans, designs, drawings, and specifications. If the parties are unable
to resolve these issues and the City fails, refuses, or is unable to approve the same, no work
shall commence on the Construction Project until such issues are resolved.
DocuSign Envelope ID: 7F51E609-DAC2-4001-AD4D-3F3C9984697ADocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
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c. Except as provided elsewhere in this Agreement, Contractor shall furnish
all the labor, materials, equipment, tools, and services necessary to perform and complete
the Construction Project.
d. During work on the Construction Project, and as part of the final completion
of the Construction Project, Contractor shall clean up the Project site, including the removal
and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the
performance of any other work necessary to restore the site to at least as good order and
condition as at the commencement of the Construction Project.
2. City-Supplied Materials: The City may supply materials from time to time in
furtherance of the Construction Project.
3. Time of Performance:
a. Contractor shall begin the Construction Project after receiving a Notice to
Proceed from City and shall complete the Construction Project no later than August 31,
2024. Time is of the essence of completion of all work and each phase of the Construction
Project.
b. The City’s Representative must develop a Construction Schedule in
consultation with the Contractor. Contractor’s construction plan, methods of operation,
materials used, and individuals and subcontractors employed (collectively “Contractor’s
Resources”) are subject to the City’s approval at all times during the term of this Agreement
and must be such as to ensure the completion of the work in compliance with the deadlines
set in the Construction Schedule during the term of this Agreement. In the event the City
determines the Contractor’s Resources are inadequate to meet the approved Construction
Schedule, the City may order the Contractor to accelerate its performance to give
reasonable assurances of timely completion and quality results. Acceleration under this
section shall not be deemed a Change Order as defined in Section 5b below and the
Contractor shall receive no equitable adjustment for such acceleration. Nothing in this
section shall be interpreted to relieve the Contractor of its duties and responsibilities to plan
for and complete the work in a timely manner according to the Construction Schedule.
4. Liquidated Damages: If the Construction Project is not completed within the time
provided by this Agreement, the City may deduct for each day the Construction Project remains
uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter
specified and retain that sum as payment for liquidated damages sustained by reason of the
Contractor’s failure to complete the Construction Project on time.
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5. Compensation:
a. City shall pay to Contractor, and Contractor shall accept as full payment for
the performance of this Agreement and the Construction Project, the amount of Two
Hundred Ninety-Eight Thousand Five Hundred Thirteen Dollars and Twenty-Eight Cents
($298,513.28). Monthly progress payments and final payment will be made only in
accordance with the terms of a completed Compensation Schedule to be approved by the
City’s Representative. All invoices must be submitted to the City’s Representative.
b. If work not included within the original Construction Documents is
requested by City, such additional work and the related compensation shall be agreed to in
writing by both parties prior to commencement of the additional work (“Change Order”).
c. City shall retain five percent (5%) of the total amount of compensation to
be paid to the Contractor to ensure compliance with the terms and conditions of this
Agreement and the timely completion of the Construction Project and any and all “punch
list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty
(30) days after the City’s final acceptance of the portion of work for which a separate price
is stated in the specifications for the Construction Project.
e. Upon acceptance of final payment and for other good and valuable
consideration, Contractor shall and hereby does release and forever discharge City, its
officers, agents, and employees of and from any and all claims, demands, actions, causes
of action, obligations, and liabilities of every kind and character whatsoever, in law and in
equity, whether now known or in the future discovered, arising from or related to this
Agreement or the Construction Project that Contractor may have or assert against City, its
officers, agents, and employees.
6. Inspection and Testing:
a. City has the right to inspect and test any and all work performed by
Contractor on the Construction Project. Contractor shall allow City and its agents access
to the Construction Project at all times and shall provide every reasonable facility for the
purpose of such inspection and testing, including temporarily discontinuing portions of the
work or uncovering or taking down portions of the finished work. Any inspection and
testing performed by the City and its agents is for the sole benefit of the City and shall not
relieve the Contractor of its duty, responsibility, and obligation to ensure that the work
strictly complies with the Agreement terms and conditions and all applicable laws and
building and safety codes. City’s inspection and testing shall not be deemed or considered
acceptance by the City of any portion of the Construction Project. City’s inspection and
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testing shall not serve to nullify, amend, or waive any warranties provided by the
Contractor under this Agreement.
b. Contractor shall, without charge, replace any material or correct any work
found by the City or its agents to be defective or otherwise not in compliance with the terms
and conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City
may take such corrective action, either with its own materials and employees or by
retaining any third party to do so, and deduct the cost and expense of such corrective action
from the Contractor’s compensation.
7. Partial Utilization of Construction Project: City shall have the right to use or
occupy any portion of the Construction Project that City and Contractor mutually agree is
substantially completed and constitutes a separately functioning and usable part of the
Construction Project for its intended purpose without significant interference with Contractor’s
performance of the remaining portions of the Construction Project. In the event City takes
possession of any portion of the Construction Project, such possession shall not be deemed an
acceptance of the Construction Project, in whole or in part. City’s use of any portion of the
Construction Project shall not be grounds for extensions of any construction deadlines or a change
in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the
total Construction Project and not from the date the City may take possession of selected portions
of the Construction Project.
8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude
City, through its own employees or by contract with any third party, from performing other work
related to the Construction Project at the construction site; provided such related work is not
otherwise addressed in this Agreement and provided such related work does not otherwise interfere
with Contractor’s performance of this Agreement or the completion of the Construction Project.
Contractor shall afford any City employee, agent or representative, or any third party under
contract with the City to perform the related work, proper and safe access to the construction site,
a reasonable opportunity for the introduction and storage of materials and equipment, the
opportunity to perform the related work, and shall properly coordinate the Contractor’s work on
the Construction Project with the related work.
9. Contractor’s Warranties: Contractor represents and warrants as follows:
a. Unless otherwise specified by the terms of this Agreement, all materials and
equipment used by Contractor on the Construction Project shall be new and where not
otherwise specified, of the most suitable grade for their intended uses.
DocuSign Envelope ID: 7F51E609-DAC2-4001-AD4D-3F3C9984697ADocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
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b. All workmanship and materials shall be of a kind and nature acceptable to
the City.
c. All equipment, materials, and labor provided to, on, or for the Construction
Project must be free of defects and nonconformities in design, materials, and workmanship
for a minimum period beginning with the commencement of the work on the Construction
Project and ending one (1) year from the final completion and acceptance by the City of
the Construction Project, regardless of whether such equipment, materials, or labor were
supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers.
Other express warranties on materials that provide for a warranty period longer than one
year apply for the period of that express warranty and are not reduced by this provision.
Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to
correct the defective or nonconforming condition within a time frame acceptable to the
City and at no additional cost to the City. Contractor shall also, at its sole cost, perform
any tests required by City to verify that such defective or nonconforming condition has
been corrected. Contractor warrants the corrective action taken against defective and
nonconforming conditions for a period of an additional one (1) year from the date of City’s
acceptance of the corrective action.
d. Contractor and its sureties are liable for the satisfaction and full
performance of all warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the
completion of the Construction Project and Contractor, or its duly authorized representative
assigned to serve as the Construction Project Manager, shall be personally present at the
site of the Construction Project during working hours for the term of this Agreement until
the completion of the Construction Project.
f. Contractor shall have a complete, accurate, and up-to-date set of
construction plans, drawings, and specifications on site at all times.
g. Contractor has examined all available records and made field examinations
of the site of the Construction Project. Contractor has knowledge of the field conditions to
be encountered during the Construction Project. Contractor has knowledge of the types
and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
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h. Contractor is responsible for the safety of the work and shall maintain all
lights, guards, signs, temporary passages, or other protections necessary for that purpose at
all times.
i. All work must be performed at Contractor’s risk, and Contractor shall
promptly repair or replace all damage and loss at its sole cost and expense regardless of the
reason or cause of the damage or loss; provided, however, should the damage or loss be
caused by an intentional or negligent act of the City, the risk of such loss shall be placed
on the City.
j. Contractor is responsible for any loss or damage to materials, tools, or other
articles used or held for use in the completion of performance of the Construction Project.
k. Contractor’s performance must be without damage or disruption to any
other work or property of the City or of others and without interference with the operation
of existing machinery or equipment.
l. Title to all work, materials, and equipment covered by any payment of
Contractor’s compensation by City, whether directly incorporated into the Construction
Project or not, passes to City at the time of payment, free and clear of all liens and
encumbrances.
m. Contractor, at its expense and in consultation with the City, will arrange for
the preparation and installation of the Artwork on or before September 30, 2024. As further
delineated in paragraph 18, the City retains the right to repair, remove, or un-install the
Artwork at any time. Contractor bears the risk of loss for the Artwork up and until the title
of the Artwork transfers to the City.
n. For one-year from installation, Contractor expressly warrants that its
installation of the Artwork will be free from any defects related to installation. If, during
the one-year warranty period, any defect occurs, upon receiving written notice from the
City, Contractor agrees to repair, replace, or pay the City the reasonable cost of repairing
or replacing the Artwork. Contractor acknowledges and agrees that the choice between
repairing, replacing, or paying the City is solely within the City’s discretion and authority.
10. Delays and Extensions of Time: If Contractor’s performance of this Agreement
is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including
acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any
such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of
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the termination of such delay, give the City written notice of the total actual duration of the delay.
If the City is provided with these required notices and if the City determines that the cause of the
delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the
fault or negligence of the Contractor, then the City will determine the total duration of the delay
and extend the time for performance of the Agreement accordingly. Unless the delay is caused by
the intentional interference of the City with the Contractor’s performance, Contractor shall make
no claim for damages or any other claim other than for an extension of time as herein provided by
reason of any delays.
11. Suspension:
a. The City may, by written notice to the Contractor and at its convenience for
any reason, suspend the performance of all or any portion of the work to be performed on
the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set
forth the time of suspension, if then known to the City. During the period of suspension,
Contractor shall use its best efforts to minimize costs associated with the suspension.
b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice
requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to
the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts
for materials, services, or equipment; (3) promptly make every reasonable effort to obtain
suspension upon terms satisfactory to City of all orders, subcontracts, and rental
agreements to the extent that they relate to the performance of the work suspended; and (4)
continue to protect and maintain the Project, including those portions on which work has
been suspended.
c. As compensation for the suspended work, Contractor will be reimbursed for
the following costs, reasonably incurred, without duplication of any item, and to the extent
that such costs directly resulted from the suspension: (1) a standby charge paid during the
period of suspension which will be sufficient to compensate Contractor for keeping, to the
extent required in the Notice of Suspension, Contractor’s organization and equipment
committed to the Project in standby status; (2) all reasonably incurred costs for the
demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable
amount to reimburse Contractor for the cost to protect and maintain the Project during the
period of suspension; and (4) an equitable adjustment in the cost of performing the
remaining portion of the work post-suspension if, as a direct result of the suspension, the
cost to Contractor of subsequently performing the remaining work on the Construction
Project has increased or decreased.
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d. Upon receipt of written notice by the City to resume the suspended work
(“Notice to Resume Work”), Contractor shall immediately resume performance of the
suspended work as to the extent required in the Notice to Resume Work. Any claim by
Contractor for time or compensation described in Section 11(c) shall be made within fifteen
(15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised
Construction Schedule for the City’s review and approval. Contractor’s failure to timely
make such a claim shall result in a waiver of the claim.
e. No compensation described in Section 11(c) shall be paid and no extension
of time to complete the Construction Project shall be granted if the suspension results from
Contractor’s non-compliance with or breach of the terms or requirements of this
Agreement.
12. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any
terms or conditions of this Agreement, the City may, by written notice, terminate this
Agreement and the Contractor’s right to proceed with all or any part of the Construction
Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over
the Construction Project and complete it, either with its own resources or by re-letting the
contract to any other third party, and may immediately take possession of and use such
materials, appliances, tools, and equipment as may be on the site and which may be
necessary for the completion of the Construction Project.
b. In the event of a termination pursuant to this Section 12, Contractor shall be
entitled to payment only for those services Contractor actually rendered. In the case of a
lump sum or unit price contract, Contractor shall not be entitled to any further payment
until the Construction Project has been completed. Upon completion of the Construction
Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City
of completing the work, including all costs paid to any subcontractors or third parties
retained by the City to complete the Construction Project and all administrative costs
resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to
the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the
Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay
the difference, plus interest at the rate applicable to court judgments, to the City.
c. Any termination provided for by this Section 12 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
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d. In the event of termination under this Section 12, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
13. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease work on the Construction Project, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for
City’s Convenience”). The termination shall be effective in the manner specified in the
Notice of Termination for City’s Convenience and shall be without prejudice to any claims
that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease work on the
Construction Project, discontinue placing orders for materials, supplies, and equipment for
the Construction Project, and make every reasonable effort to cancel all existing orders or
contracts upon terms satisfactory to the City. Contractor shall do only such work as may
be necessary to preserve, protect, and maintain work already completed, in progress, or in
transit to the construction site.
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered and materials
actually purchased or which Contractor has made obligations to purchase on or before the
receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs
for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any
materials that City is obligated to purchase from Contractor will remain the City’s sole
property.
d. The compensation described in Section 13(c) is the sole compensation due
to Contractor for its performance of this Agreement. Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
14. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
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waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Ellie Staley or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is
required by this Agreement, such communication or submission shall be directed to the
City’s Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents and may receive approvals or authorization from
such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Rob Evans 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.
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16. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the
provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every
effort to avoid damage to underground facilities and shall be solely responsible for any damage
that may occur. If City personnel assume responsibility for locating any underground facilities,
this fact shall be noted in writing prior to commencement of such location work.
17. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Construction Project.
18. Ownership of Artwork. The City shall be the legal owner of the Artwork once it
is installed. Until installation and title transfers, Contractor remains the owner of the Artwork. See
paragraph 9 of this Construction Agreement for Artwork-specific warranties which apply only to
the Artwork and not to the Construction Project in its entirety. For the Artwork, the Parties agree
to sign a Transfer and Assignment of Copyright for Public Artwork, attached as Exhibit D, prior
to the City’s acceptance of the Artwork.
In addition, as required by the U.S. Copyright Act, and as set forth in paragraph 24(d) of
this Agreement, Contractor and its sub-contractors which are providing murals and other artwork
related to the Artwork agree to sign, prior to the City’s acceptance of the Artwork, a 1990 Visual
Artists’ Rights Act Waiver (“Waiver”), attached as Exhibit E. Contractor and its applicable
subcontractors acknowledge that by signing the Waiver, they are agreeing to voluntarily waive
all rights to attribution and integrity with respect to the Artwork, and any and all claims that may
arise under the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. §§ 106(A) and 113(d) or
any other local, state, or federal law that conveys the same or similar “moral rights,” as defined
by VARA, with respect to the Artwork.
Contractor agrees to provide Exhibit D and Exhibit E to its subcontractors for the
Artwork. Contractor must return executed copies to the City at the time title transfers. Once the
Transfer of Copyright for Public Artwork is executed, the City will become copyright owner and
take title in and to the Artwork, and any and all drawings, sketches, models, and any other
documents or materials created by the Contractor in furtherance of the Artwork. The Contractor
agrees to deliver to the City all such materials within five (5) working days of title transfer.
19. Maintenance, Repairs, and Alterations of the Artwork. The City recognizes that
due to the nature of the Artwork, maintenance is essential. Upon transfer of the title of Artwork
and legal ownership passes to the City, as set forth in paragraph 18, the City retains full discretion
and responsibility to maintain and protect the Artwork. The City retains the sole right to determine
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whether, when, and to what extent any repairs to the Artwork will occur. The City is not obligated
to provide the Contractor or any of its subcontractors for the Artwork notice before undertaking
any repairs or modifications to the Artwork. However, the City shall endeavor to notify the
Contractor of any proposed alteration of the Artwork. Contractor is responsible for maintaining a
current contact person and contact information to receive such notice. If Contractor receives such
notice from the City, it is responsible for notifying its subcontractors for the Artwork. The City is
under no obligation to provide notice to the Contractor if the Contractor fails to maintain such
contact information with the City.
Because the Artwork is attached to the City’s property, Contractor agrees to indemnify,
defend, and hold harmless the City against any and all liability, damage, loss, or expense, including
reasonable attorneys’ fees and expenses of litigation, incurred by the City for any and all claims
raised under the Visual Artists Rights Act.
Should the City determine that the removal or extraction of the Artwork is necessary,
Contractor retains first priority to reclaim physical possession of the Artwork. In such an instance,
Contractor is responsible for all associated costs of such removal.
20. 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.
21. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor
of persons performing this Agreement shall be on the basis of merit and qualifications. Contractor
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. Contractor shall not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction.
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.
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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.
22. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Construction Project. Contractor acknowledges it is aware of and shall comply with its
responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations
governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the
right to request proof of such compliance and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
23. Labor Relations:
a. Contractor shall post a legible statement of all wages and fringe benefits to
be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly
wage employees shall be paid weekly). Such posting shall be made in a prominent and
accessible location at the site of the Construction Project and shall be made no later than
the first day of work. Such posting shall be removed only upon the final completion of the
Construction Project and the termination of this Agreement.
b. In performing the terms and conditions of this Agreement and the work on
the Construction Project, Contractor shall give preference to the employment of bona fide
residents of Montana, as required by §18-2-403, MCA, and as such, term is defined by
§18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they
are assigned.
c. Pursuant to §18-2-403 and §18-2-422, MCA, Contractor shall pay wages,
benefits, and expenses in conformance with the current version of the Prevailing Wage
Rates for Highway Construction Services as published by the Montana Department of
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Labor and Industry and which are applicable to Gallatin County. Contractor shall pay all
hourly wage employees on a weekly basis. Violation of the requirements to pay applicable
prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407,
MCA. Contractor shall maintain payroll records and provide certified copies to the City.
Contractor shall maintain such payroll records during the term of this Agreement, the
course of the work on the Construction Project, and for a period of three (3) years following
the date of final completion of the Construction Project and termination of this Agreement.
d. In the event that, during the term of this Agreement and throughout the
course of Contractor’s performance of the Construction Project, any labor problems or
disputes of any type arise or materialize which in turn cause any work on the Construction
Project to cease for any period of time, Contractor specifically agrees to take immediate
steps, at its own expense and without expectation of reimbursement from City, to alleviate
or resolve all such labor problems or disputes. The specific steps Contractor shall take to
resume work on the Construction Project shall be left to the discretion of Contractor;
provided, however, that Contractor shall bear all costs of any related legal action.
Contractor shall provide immediate relief to the City so as to permit the work on the
Construction Project to resume and be completed within the time frames set forth in the
Construction Schedule at no additional cost to City.
b. Contractor shall indemnify, defend, and hold the City harmless from any
and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting
from, or occurring in connection with any labor problems or disputes or any delays or
stoppages of work associated with such problems or disputes.
24. Subcontractors:
a. Contractor may employ subcontractors for any work on the Construction
Project. Contractor shall provide City with a list of all subcontractors employed.
b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Construction Project.
c. Contractor is solely liable for any and all payments to subcontractors.
Contractor shall hold all payments received from the City in trust for the benefit of
subcontractors, and all such payments shall be used to satisfy obligations of the
Construction Project before being used for any other purpose. Contractor shall make any
payments due to any subcontractor within seven (7) days of Contractor’s receipt of
payment, including a proportional part of the retainage Contractor has received from the
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City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall
promptly pay the undisputed amount to the subcontractor and notify the subcontractor in
writing of the amount in dispute and the reasons for the dispute. Any withholding of
payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor
is unwilling or unable to make timely and proper payment to any subcontractor, City may
elect to withhold any payment otherwise due to Contractor and upon seven (7) days’
written notice to Contractor, may pay subcontractor by direct or joint payment.
d. Contractor will require any subcontractors hired for the Construction
Project to sign a Transfer and Assignment of Copyright for Public Artwork and a 1990
Visual Artists’ Rights Act Waiver.
25. Indebtedness and Liens: Before City may make any final payment to Contractor,
Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in
connection with the Construction Project. If the Contractor allows any indebtedness to accrue to
subcontractors or others during the progress of the work, and fails to pay or discharge the same
within five (5) days after demand, then City may either withhold any money due to Contractor
until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If
any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the
Contractor shall immediately notify the City and shall cause the same to be discharged of record
within thirty (30) days after its filing.
26. Hazard Communication: Contractor shall comply with all hazard communication
requirements dictated by the Environmental Protection Agency, the Montana Department of
Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City
ordinances. Contractor shall supply a chemical list, the associated material safety data sheets
(MSDS), and other pertinent health exposure data for chemicals that the Contractor’s,
subcontractor’s or the City’s employees may be exposed to while working on City property during
the course of the Construction Project. One copy of this documentation must be delivered to City
to the attention of the City’s Representative. This documentation must be delivered before work
involving these chemicals may commence.
27. Accounts and Records: During the term of this Agreement and for two (2) years
following the City’s final acceptance of the Construction Project, Contractor shall maintain
accounts and records related to the Construction Project. Upon reasonable notice, City shall have
the right to inspect all such accounts and records, including but not limited to, Contractor’s records,
books, correspondence, instructions, drawings, specifications, field and site notes, receipts,
invoices, bills, contracts, or other documents relating to the Construction Project.
28. Indemnification; Insurance; Bonds:
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a. Contractor agrees to release, defend, indemnify, and hold harmless the City,
its agents, representatives, employees, and officers (collectively referred to for purposes of
this Section as the City) from and against any and all claims, demands, actions, fees and
costs (including attorney’s fees and the costs and fees of and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any
party or parties that may be asserted against, recovered from or suffered by the City
occasioned by, growing or arising out of or resulting from or in any way related to: (i) the
negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless,
or intentional misconduct of any of the Contractor’s agents; or (iii) the negligent, reckless
or intentional misconduct of any other party.
b. Such obligations shall not be construed to negate, abridge, or reduce other
rights or obligations of indemnity that would otherwise exist. The indemnification
obligations of this Section must not be construed to negate, abridge, or reduce any
common-law or statutory rights of the indemnitee(s) which would otherwise exist as to
such indemnitee(s).
c. Contractor’s indemnity under this Section shall be without regard to and
without any right to contribution from any insurance maintained by City.
d. Should the City be required to bring an action against the Contractor to
assert its right to defense or indemnification under this Agreement or under the
Contractor’s applicable insurance policies required below the City shall be entitled to
recover reasonable costs and attorney fees incurred in asserting its right to indemnification
or defense but only if a court of competent jurisdiction determines the Contractor was
obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or
any portion(s) thereof.
e. In the event of an action filed against the City resulting from the City’s
performance under this Agreement, the City may elect to represent itself and incur all costs
and expenses of suit.
f. Contractor also waives any and all claims and recourse against the City,
including the right of contribution for loss or damage to person or property arising from,
growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or
property of another, or for violation of law, whether willful or negligent” as per 28-2-702,
MCA.
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g. These obligations shall survive termination of this Agreement and the
services performed hereunder.
h. In addition to and independent from the above, Contractor shall at
Contractor’s expense secure insurance coverage through an insurance company or
companies duly licensed and authorized to conduct insurance business in Montana which
insures the liabilities and obligations specifically assumed by the Contractor in this Section.
The insurance coverage shall not contain any exclusion for liabilities specifically assumed
by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to
all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed
against, recovered from, or suffered by the City without limit and without regard to the
cause therefore and which is acceptable to the City. Contractor shall furnish to the City an
accompanying certificate of insurance and accompanying endorsements in amounts not
less than as shown below:
• Workers’ Compensation – not less than statutory limits;
• Employers’ Liability - $1,500,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability (bodily injury and property damage) -
$1,500,000 per occurrence; $3,000,000 annual aggregate;
• Products and Completed Operations – $3,000,000;
• Automobile Liability - $1,500,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
• Builder’s Risk/Property Insurance at least as broad as that provided by the ISO
special causes of loss form (CP10 30) naming at a minimum the City in an
amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism,
malicious mischief, earthquake, collapse, debris removal, demolition occasioned
by enforcement of laws, water damage, flood if site within a flood plain, repair or
replacement costs, testing and start-up costs) on an all risk coverage basis.
• Owner’s and Contractor’s Protective Liability: one policy designating the City
(including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the City’s Representative (including its
consultants, consultants, agents and employees) as the insured on the declarations
with both policies covering: (i) operations performed by the Contractor under this
Agreement for the City; and (ii) the City’s and City’s Representatives acts or
omissions, including negligent acts, in connection with its general supervision of
the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence;
$3,000,000 aggregate;
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• Contractual Liability Insurance (covering the Contractor’s indemnity
obligations described in this Agreement) - $1,000,000 per occurrence $3,000,000
aggregate
The amounts of insurance provided shall be exclusive of defense costs. The City of
Bozeman shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include
no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify
City within two (2) business days of Contractor’s receipt of notice that any required
insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
i. Required Bonds. Contractor shall make, execute, purchase, maintain and deliver
to City performance and payment bonds in an amount at least equal to the Contractor’s
compensation under this Agreement, conditioned that the Contractor shall faithfully
perform of all of Contractor’s obligations under this Agreement and pay all laborers,
mechanics, subcontractors, material suppliers and all persons who supply the Contractor
or Contractor’s subcontractors with provisions, provender, material, or supplies for
performing work on the Construction Project. All bonds must be obtained with a surety
company that is duly licensed and authorized to transact business within the state of
Montana and to issue bonds for the limits so required. The surety company must have a
Best’s Financial Strength Rating of A, as rated by the A. M. Best Co., or an equivalent
rating from a similar rating service. All bonds must remain in effect throughout the life of
this Agreement and for a minimum of one (1) year following the date of expiration of
Contractor’s warranties. A certified copy of the agent’s authority to act must accompany
all bonds signed by an agent. If the surety on any bond furnished by Contractor is declared
bankrupt or becomes insolvent or its right to do business within the state of Montana is
terminated, Contractor shall promptly notify City and shall within twenty (20) days after
the event giving rise to such notification, provide another bond with another surety
company, both of which shall comply with all requirements set forth herein.
Bond Types and Amounts:
1. Performance Bond Equal to Contractor’s compensation amount
2. Labor and Materials Bond Equal to Contractor’s compensation amount
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29. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license
fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand
Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
30. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
31. Survival: Contractor’s indemnification and warranty obligations shall survive the
termination or expiration of this Agreement for the maximum period allowed under applicable
law.
32. 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.
33. Waiver: A waiver by City of any default or breach by Contractor of any covenants,
terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms,
or conditions or to pursue City’s rights in the event of any subsequent default or breach.
35. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any 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.
36. 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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Page 21 of 23
37. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
38. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
39. Amendments: This Agreement may not be modified, amended, or changed in any
respect except by a written document signed by all parties.
40. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
41. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
42. Assignment: Contractor may not assign this Agreement in whole or in part without
the prior written consent of the City. No assignment will relieve Contractor of its responsibility
for the performance of the Agreement and the completion of the Construction Project. Contractor
may not assign to any third party other than Contractor’s subcontractors on the Construction
Project, the right to receive monies due from City without the prior written consent of City.
43. Authority: Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
44. Independent Contractor: The parties agree and acknowledge that in the
performance of this Agreement and the completion of the Construction Project, Contractor shall
render services as an independent contractor and not as the agent, representative, subcontractor, or
employee of the City. The parties further agree that all individuals and companies retained by
Contractor at all times will be considered the agents, employees, or independent contractors of
Contractor and at no time will they be the employees, agents, or representatives of the City.
45. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
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First Amend. to Construction Agreement for
2023 Downtown Bozeman Alley Enhancement Pilot Project
Page 22 of 23
46. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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First Amend. to Construction Agreement for
2023 Downtown Bozeman Alley Enhancement Pilot Project
Page 23 of 23
IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Jeff Mihelich, City Manager
Print Name:
Title:
APPROVED AS TO FORM:
By: _______________________________
Greg Sullivan, City Attorney
DocuSign Envelope ID: 7F51E609-DAC2-4001-AD4D-3F3C9984697A
Constructive Solutions Inc.
Rob Evans
President
XXXXXXXXXXXXXXXXXXXXXXXXXXXX
Acting City Manager, Chuck Winn
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-1- Ex. C: Artwork Scope of Services Agreement
EXHIBIT C: ARTWORK SCOPE OF SERVICE AGREEMENT
CLIENT CONTACT: CONTRACTOR CONTACT:
City of Bozeman 121 N. Rouse Ave.
Bozeman, Montana 59715
Constructive Solutions Inc. 111 South Grand Ave. Room 223
Bozeman MT, 59715
Primary Contact: Ellie Staley, 406-581-3827 Primary Contact: Rob Evans, 406-570-5048
Term:
February 13, 2024 to September 30, 2024
Project Overview: Downtown Alley Enhancement Pilot Project. Visual enhancements via murals
and sculpture installations in and around the alley between North Tracy Avenue and North Black Avenue within the City of Bozeman, as specified in the contract documents. Service Details: Two murals are planned for the south (rear) elevation of the existing parking garage in the locations
shown on the attached exhibit. Each brick canvas will be a maximum of 430 square feet
(approximately 33 feet in height x 13 feet in width – see appendix). The murals relate to the adventure and exploration theme. Artwork may be figurative or abstract and may be paint, vinyl wrap, or other durable materials designed for outside. An artist fee of $6,000- $12,000/mural will be provided.
Three sculptures are planned for the south (rear) elevation of the existing parking garage in the
general locations shown on the attached exhibit. Some flexibility is expected for exact size and
placement. The sculptures relate to the adventure and exploration theme. Artwork may be figurative
or abstract and may be constructed of a variety of materials if said materials are durable and
designed to be located outside. An artist fee of $10,000-$15,000/sculpture will be provided.
Additional Services: N/A
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-2- Ex. C: Artwork Scope of Services Agreement
City of Bozeman Constructive Solutions Inc.
Signature: __________________________ Signature: _________________________
Printed: __________________________ Printed: _________________________
Title: __________________________ Title: _________________________
Date: __________________________ Date: _________________________
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Exhibit D: Clarke Transfer and Assignment of Copyright - Page 1 of 4 -
EXHIBIT D TRANSFER AND ASSIGNMENT OF COPYRIGHT 1. Parties. This Transfer and Assignment of Copyright (“Assignment”) made this
__________ (“Effective Date”) is by and between: Assignor. Kelsey Clarke, with a mailing address of 303 N. 9th Ave., Bozeman, MT 59715 (“Assignor”), and Assignee. Bozeman Downtown Urban Renewal District, an agency of the City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“Assignee”). The Assignor and the Assignee are each referred to herein as a “Party” and
collectively as the “Parties.” 2. Transfer and Assignment of Authored Projects. The Assignor, through this Assignment, transfers assigns to the Assignee of all the Assignor’s interest in:
a. The following registered copyrighted Artwork (“Artwork”): i. Copyright #1
• Author Name: Kelsey Clarke
• Title of Artwork 1: Birds Eye View ii. Copyright #2
• Author Name: Kelsey Clarke
• Title of Artwork 2: On the Horizon iii. Copyright #3
• Author Name: Kelsey Clarke
• Title of Artwork 3: Fish Eye Lens b. All the usual rights granted to the owner of a copyright under federal law,
including but not limited to the right to reproduce, publish, adapt, modify, distribute, create derivative Projects on, display, publicize, and transmit each Project; c. The right to register, as well as applications for registrations of each Project, with the U.S. Copyright Office, including any and all renewals
and extensions; d. The income, royalties, and damages due to the Assignor in regards to each Project, including damages for past or future infringements and misappropriations for each Project; e. The right to sue for past, present, and future infringements and
misappropriations for each Project. 3. Assignment Purchase. Payment for the Assignment is included in the amount due and as set forth in the Construction Agreement and incorporated Construction Documents.
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4. Further Use of Project. This Assignment is exclusive. Unless otherwise specified in the Construction Agreement or its corresponding exhibits, once the effective date has passed, the Assignor may not make any further use of the
Project or derivatives without written, authorized consent from the Assignee and further may not challenge the Assignee’s use or ownership of the Artwork or the validity of the Artwork. 5. Authorship. In relation to authorship rights, following the effective date of this
Agreement, the Assignor maintains the right to be identified as the rightful author of the Artwork whenever the Artwork are reproduced, published, or otherwise publicly displayed. The authorship rights conferred in this section must be read in conjunction with the Waiver of Proprietary Rights. 6. Warranty. Assignor warrants and represents that: a. the Artwork is an original work of authorship;
b. the Assignor is the legal owner of the Artwork;
c. the Artwork does not infringe on any existing copyright;
d. Assignor has not entered into any other assignments, transfers, licenses,
contracts, or mutual understandings in conflict with the terms and
obligations of this Construction Agreement;
e. There are no claims currently pending or threatened, nor does Assignor
have any reason to believe that any claims will be brought or threatened in
the future against Assignor’s right, ownership, or interest in the Artwork.
7. Documentation. The Assignor will provide all documentation relating to the Artwork for the Assignee’s record-keeping needs, assertion of rights, or for any
other use. They will likewise sign any additional agreements or complete any
other lawful action reasonably necessary for a successful filing of the assignment with the United States government. 8. Integration and Modification. This document contains the entire Assignment
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 Assignment may not be modified except by
written agreement signed by both parties.
9. 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.
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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 Assignment.
10. No Third-Party Beneficiary. The terms and provisions of this Assignment 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.
11. Choice of Law. This Assignment shall be governed and construed in accordance
with the laws of the State of Montana without regard to conflict of law provisions.
The Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
12. Non-Waiver. A waiver by any Party of any default or breach by the other Party
of any terms or conditions of this Assignment 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.
13. Severability. If any portion of this Assignment is held to be void or
unenforceable, the balance of the Assignment shall continue in effect.
14. Counterparts. This Assignment may be executed in counterparts, which together
constitute one instrument.
15. Assignment and Delegation. Assignor may not subcontract or assign rights to
any other individual or corporation not listed in this Assignment.
16. Entire Agreement. This document constitutes the entire Assignment between the Parties. No modification or amendment of this Assignment shall be effective unless in writing and signed by both Parties.
17. Execution. The Assignor and the Assignee each represent and warrant to the other that each person executing this Assignment on behalf of each party is duly authorized to execute and deliver this Assignment on behalf of that party.
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.
Assignor’s Signature: _________________________ Date: ________________
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Print Name: _________________________ Kelsey Clarke
Assignee’s Signature: _________________________ Date: ________________ Print Name: _________________________ Ellie Staley, Downtown Urban Renewal District
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EXHIBIT D TRANSFER AND ASSIGNMENT OF COPYRIGHT 1. Parties. This Transfer and Assignment of Copyright (“Assignment”) made this
__________ (“Effective Date”) is by and between: Assignor. Kelsey Dzintars, with a mailing address of 1504 Rainbow Road, Bozeman, MT 59715 (“Assignor”), and Assignee. Bozeman Downtown Urban Renewal District, an agency of the City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“Assignee”). The Assignor and the Assignee are each referred to herein as a “Party” and
collectively as the “Parties.” 2. Transfer and Assignment of Authored Projects. The Assignor, through this Assignment, transfers assigns to the Assignee of all the Assignor’s interest in:
a. The following registered copyrighted Artwork (“Artwork”): i. Copyright #1
• Author Name: Kelsey Dzintars
• Title of Artwork 1: “Adventure and Exploration” East Mural, Downtown Bozeman Alley Enhancement Project b. All the usual rights granted to the owner of a copyright under federal law,
including but not limited to the right to reproduce, publish, adapt, modify,
distribute, create derivative Projects on, display, publicize, and transmit each Project; c. The right to register, as well as applications for registrations of each Project, with the U.S. Copyright Office, including any and all renewals
and extensions;
d. The income, royalties, and damages due to the Assignor in regards to each Project, including damages for past or future infringements and misappropriations for each Project; e. The right to sue for past, present, and future infringements and
misappropriations for each Project.
3. Assignment Purchase. Payment for the Assignment is included in the amount due and as set forth in the Construction Agreement and incorporated Construction Documents.
4. Further Use of Project. This Assignment is exclusive. Unless otherwise specified in the Construction Agreement or its corresponding exhibits, once the effective date has passed, the Assignor may not make any further use of the Project or derivatives without written, authorized consent from the Assignee and
further may not challenge the Assignee’s use or ownership of the Artwork or the
validity of the Artwork.
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5. Authorship. In relation to authorship rights, following the effective date of this Agreement, the Assignor maintains the right to be identified as the rightful author of the Artwork whenever the Artwork are reproduced, published, or otherwise
publicly displayed. The authorship rights conferred in this section must be read in conjunction with the Waiver of Proprietary Rights. 6. Warranty. Assignor warrants and represents that: a. the Artwork is an original work of authorship;
b. the Assignor is the legal owner of the Artwork;
c. the Artwork does not infringe on any existing copyright;
d. Assignor has not entered into any other assignments, transfers, licenses,
contracts, or mutual understandings in conflict with the terms and
obligations of this Construction Agreement;
e. There are no claims currently pending or threatened, nor does Assignor
have any reason to believe that any claims will be brought or threatened in
the future against Assignor’s right, ownership, or interest in the Artwork.
7. Documentation. The Assignor will provide all documentation relating to the Artwork for the Assignee’s record-keeping needs, assertion of rights, or for any other use. They will likewise sign any additional agreements or complete any other lawful action reasonably necessary for a successful filing of the assignment
with the United States government. 8. Integration and Modification. This document contains the entire Assignment
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 Assignment may not be modified except by
written agreement signed by both parties.
9. 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 Assignment.
10. No Third-Party Beneficiary. The terms and provisions of this Assignment are
intended solely for the benefit of each Party and their respective successors and
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assigns. It is not the Parties’ intent to confer third party beneficiary rights upon
any other person or entity.
11. Choice of Law. This Assignment shall be governed and construed in accordance
with the laws of the State of Montana without regard to conflict of law provisions.
The Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
12. Non-Waiver. A waiver by any Party of any default or breach by the other Party
of any terms or conditions of this Assignment 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.
13. Severability. If any portion of this Assignment is held to be void or
unenforceable, the balance of the Assignment shall continue in effect.
14. Counterparts. This Assignment may be executed in counterparts, which together
constitute one instrument.
15. Assignment and Delegation. Assignor may not subcontract or assign rights to
any other individual or corporation not listed in this Assignment.
16. Entire Agreement. This document constitutes the entire Assignment between the Parties. No modification or amendment of this Assignment shall be effective unless in writing and signed by both Parties.
17. Execution. The Assignor and the Assignee each represent and warrant to the other that each person executing this Assignment on behalf of each party is duly authorized to execute and deliver this Assignment on behalf of that party. 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. Assignor’s Signature: _________________________ Date: ________________ Print Name: _________________________ Kelsey Dzintars
Assignee’s Signature: _________________________ Date: ________________ Print Name: _________________________ Ellie Staley, Downtown Urban Renewal District
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EXHIBIT E WAIVER OF PROPRIETARY RIGHTS 1. Parties. This Waiver of Proprietary Rights (“Waiver”) made this __________
(“Effective Date”) is by and between: Assignor. Stella Nall (“Assignor”), with a mailing address of 1752 S. 14th Street W, Missoula, MT 59801; and Assignee. Bozeman Downtown Urban Renewal District, an agency of City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“Assignee”). The Assignor and the Assignee are each referred to herein as a “Party” and
collectively as the “Parties.” 2. Description of Assignor’s Authored Projects. The Assignor, through this Assignment, transfers assigns to the Assignee of all the Assignor’s interest in the following Artwork:
a. Artwork 1:
• Author Name: Stella Nall
• Title of Project: Baáchuuashe
• Located at: West Mural 1, refer to final plans 3. Waiver. Assignor voluntarily waives all rights to attribution and integrity with
respect to the Artwork, as described in the Construction Agreement and
corresponding exhibits, and any and all claims as may arise under the Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) (”VARA”), or any other local, state, foreign or international law that conveys the same or similar rights (“moral rights laws” as defined by VARA), with respect to the Artwork, its
display, removal from display, exhibition, installation, conservation, storage,
study, alteration and any other activities conducted by the Assignee, its officers, employees, agents, contractors, licensees, successors or assigns. If the Artwork is incorporated into a building such that the Artwork cannot be removed from the building or structure, and alternation, distortion, destruction, or other modification
(collectively, “modification”) of the Artwork occurs, Assignor-Author waives any
and all such claims under any moral rights laws arising out of or against any current or future owners of the Assignee, and its agents, officers and employees, for modification of the Artwork.
4. Assignor’s Right to Accreditation and Promotion. Assignor retains the right to
reproduce, publish, or display the Artwork in Assignor’s portfolios, websites,
galleries, design periodicals, or any other media or exhibit for the purpose of recognition of creative excellence or professional advancement, and to be credited with Assignor’s Authorship of the Artwork.
5. Right to Modify. The Assignee has the absolute right and retrains the sole
discretion to distort, mutilate, or other modification including, but not limited to,
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change, destroy, remove, relocate, move, replace, transport, repair or restore the Artwork, in whole or in part. The Assignee is not required to provide the Assignor with any notice of modification.
6. Third Party Claims. The Assignee has no obligation to pursue claims against
third parties for modifications or damage to the Artwork done without the Assignee’s authorization. However, the Assignee may pursue claims against third parties for modifications or damage or to restore the Artwork if the Artwork was modified without the Assignee’s authorization. In the event that the Assignee pursues such a claim, it shall notify the Assignor, who must cooperate with the
Assignee’s efforts to pursue such claims.
7. Authorship. If the Assignee modifies the Artwork without the Assignor’s consent in a manner that is prejudicial to Assignor’s reputation, Assignor retains the right to disclaim Authorship of the Artwork in accordance with 17 U.S.C. § 106A(a)(2)
and as set forth in section 3 of this Waiver. 8. Notice. As required under the U.S. Copyright Act, the Assignee must provide
notice if it wishes to remove the Project from a part of the building and the
removal can occur without destruction or modification of the Project. Assignee is
required to keep the Assignor informed of its updated mailing address.
9. 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 Waiver may be
considered valid or binding. This Waiver may not be modified except by written
agreement signed by both parties.
10. 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 Gallatin County, Montana.
11. No Third-Party Beneficiary. The terms and provisions of this Wavier 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.
12. Choice of Law. This Waiver shall be governed and construed in accordance with
the laws of the State of Montana without regard to conflict of law provisions. The
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Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
13. Non-Waiver. A waiver by either Party of any default or breach by the other Party
of any terms or conditions of this Waiver 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.
14. Severability. If any portion of this Waiver is held to be void or unenforceable, the
balance of the Assignment shall continue in effect.
15. Counterparts. This Waiver may be executed in counterparts, which together
constitute one instrument.
16. Assignment and Delegation. Assignor may not subcontract or assign rights to
any other individual or corporation not listed in this Waiver.
17. Entire Agreement. This document constitutes the entire Waiver between the
Parties. No modification or amendment of this Waiver shall be effective unless in
writing and signed by both Parties. 18. Execution. The Assignor and the Assignee each represent and warrant to the other that each person executing this Waiver on behalf of each party is duly
authorized to execute and deliver this Waiver on behalf of that party. 19. 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.
Assignor’s Signature: _________________________ Date: ________________
Print Name: _________________________
Stella Nall
Assignee’s Signature: _________________________ Date: ________________
Print Name: _________________________ Ellie Staley, Downtown Urban Renewal District
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EXHIBIT E WAIVER OF PROPRIETARY RIGHTS
1. Parties. This Waiver of Proprietary Rights (“Waiver”) made this __________ (“Effective Date”) is by and between:
Assignor. Kelsey Clarke (“Assignor”), with a mailing address of 303 N. 9th Ave.,
Bozeman, MT 59715; and Assignee. Bozeman Downtown Urban Renewal District, an agency of City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771
(“Assignee”).
The Assignor and the Assignee are each referred to herein as a “Party” and collectively as the “Parties.”
2. Description of Assignor’s Authored Projects. The Assignor, through this
Assignment, transfers assigns to the Assignee of all the Assignor’s interest in the following Artwork: a. Artwork 1:
• Author Name: Kelsey Clarke
• Title of Project: Birds Eye View
• Located at: Parking Garage
b. Artwork 2:
• Author Name: Kelsey Clarke
• Title of Project: On the Horizon
• Located at: Parking Garage
c. Artwork 3:
• Author Name: Kelsey Clarke
• Title of Project: Fish Eye Lens
• Located at: Parking Garage 3. Waiver. Assignor voluntarily waives all rights to attribution and integrity with respect to the Artwork, as described in the Construction Agreement and
corresponding exhibits, and any and all claims as may arise under the Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) (”VARA”), or any other local, state, foreign or international law that conveys the same or similar rights (“moral rights laws” as defined by VARA), with respect to the Artwork, its display, removal from display, exhibition, installation, conservation, storage,
study, alteration and any other activities conducted by the Assignee, its officers, employees, agents, contractors, licensees, successors or assigns. If the Artwork is incorporated into a building such that the Artwork cannot be removed from the building or structure, and alternation, distortion, destruction, or other modification (collectively, “modification”) of the Artwork occurs, Assignor-Author waives any
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and all such claims under any moral rights laws arising out of or against any current or future owners of the Assignee, and its agents, officers and employees,
for modification of the Artwork.
4. Assignor’s Right to Accreditation and Promotion. Assignor retains the right to reproduce, publish, or display the Artwork in Assignor’s portfolios, websites, galleries, design periodicals, or any other media or exhibit for the purpose of recognition of creative excellence or professional advancement, and to be credited
with Assignor’s Authorship of the Artwork.
5. Right to Modify. The Assignee has the absolute right and retrains the sole discretion to distort, mutilate, or other modification including, but not limited to, change, destroy, remove, relocate, move, replace, transport, repair or restore the Artwork, in whole or in part. The Assignee is not required to provide the Assignor
with any notice of modification.
6. Third Party Claims. The Assignee has no obligation to pursue claims against third parties for modifications or damage to the Artwork done without the Assignee’s authorization. However, the Assignee may pursue claims against third parties for modifications or damage or to restore the Artwork if the Artwork was
modified without the Assignee’s authorization. In the event that the Assignee
pursues such a claim, it shall notify the Assignor, who must cooperate with the Assignee’s efforts to pursue such claims.
7. Authorship. If the Assignee modifies the Artwork without the Assignor’s consent in a manner that is prejudicial to Assignor’s reputation, Assignor retains the right
to disclaim Authorship of the Artwork in accordance with 17 U.S.C. § 106A(a)(2)
and as set forth in section 3 of this Waiver. 8. Notice. As required under the U.S. Copyright Act, the Assignee must provide
notice if it wishes to remove the Project from a part of the building and the
removal can occur without destruction or modification of the Project. Assignee is
required to keep the Assignor informed of its updated mailing address.
9. 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 Waiver may be
considered valid or binding. This Waiver may not be modified except by written
agreement signed by both parties.
10. 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
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
248618
Clarke Waiver of Proprietary Rights - Page 3 of 4 -
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 Gallatin County, Montana.
11. No Third-Party Beneficiary. The terms and provisions of this Wavier 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.
12. Choice of Law. This Waiver shall be governed and construed in accordance with
the laws of the State of Montana without regard to conflict of law provisions. The
Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
13. Non-Waiver. A waiver by either Party of any default or breach by the other Party
of any terms or conditions of this Waiver 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.
14. Severability. If any portion of this Waiver is held to be void or unenforceable, the
balance of the Assignment shall continue in effect.
15. Counterparts. This Waiver may be executed in counterparts, which together
constitute one instrument.
16. Assignment and Delegation. Assignor may not subcontract or assign rights to
any other individual or corporation not listed in this Waiver.
17. Entire Agreement. This document constitutes the entire Waiver between the
Parties. No modification or amendment of this Waiver shall be effective unless in
writing and signed by both Parties. 18. Execution. The Assignor and the Assignee each represent and warrant to the other that each person executing this Waiver on behalf of each party is duly
authorized to execute and deliver this Waiver on behalf of that party. 19. 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.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
249619
Clarke Waiver of Proprietary Rights - Page 4 of 4 -
Assignor’s Signature: _________________________ Date: ________________
Print Name: _________________________
Kelsey Clarke
Assignee’s Signature: _________________________ Date: ________________
Print Name: _________________________ Ellie Staley, Downtown Urban Renewal District
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
250620
-1- Exhibit B: Scope of Services Agreement
EXHIBIT B: SCOPE OF SERVICE AGREEMENT CLIENT CONTACT: CONTRACTOR CONTACT:
Downtown Bozeman Partnership 222 East Main Street, Suite 302 Bozeman, Montana 59715
Constructive Solutions Inc. 111 S. Grand Ave. Suite 223 Bozeman, MT 59715 Primary Contact: Ellie Staley, ellie@downtownbozeman.org Primary Contact: Rob Evans, team@constructivesolutionsmt.com
Term: August 22, 2023 to September 30, 2024. Project Overview: Downtown Alley Enhancement Pilot Project. Enhancement Asphalt coating, visual enhancements via murals and sculpture installations, lighting improvements, landscape and hardscape improvements, site furnishings, signage, and miscellaneous other items in and around the alley
between North Tracy Avenue and North Black Avenue within the City of Bozeman, as specified in the contract documents. Service Details:
Notes: 1. Costs for mobilization, insurance, bonding, taxes, traffic control, etc. are incidental. Costs for these items are to be
included in the other bid item costs. No separate bid items are provided 2. There is a bid item for miscellaneous work provided below. We have assigned a cost of $15,000 to help cover any extra work that may be needed/required on the project. Extra work items must be pre-approved by the City Engineer.
ITE M DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE
1 Asphalt Protective Coating StreetBond Durashield 3,653 SF
2 Rock Bark 300 SF
3 Asphalt Protective Coating - River StreetBond MMA 4,040 SF
4 Curved Bench with Back 2 EA
5 Bench 1 EA
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
251621
-2- Exhibit B: Scope of Services Agreement
6 Concrete Path 44 SF
7 Sculpture & Brackets 3 EA
8 String Light & Frame 249 LF
9 LED Wall Wash Light 4 EA
10 LED Wall Mount Light 7 EA
11 Bike Rack 3 EA
12 Entry Wayfinding Sign & Brackets 2 EA
13 Painted Mural & Anti-Graffiti Coating 800 SF
14 Vinyl Art Wrap 2,795 SF
15 Historic Plaque 5 EA
16 Tree Pruning 2 EA
17 Landscape Planting & Related
Irrigation System Repairs/Retrofits Per Plans
18 Clean/Power Wash Trash Receptacle Alcove 2 EA
19 Holiday Lights Per Plans
20 Miscellaneous 1 Unit $15,000
Additional Services:
or Name City of Bozeman Contract
Signature: Signature :
Printed: Printed:
Title: Title:
Date: Date:
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
252622
NOTICE OF AWARD
Dated: August 9, 2023
TO: Constructive Solutions Inc.
ADDRESS: 111 South Grand Ave. Suite 223, Bozeman, MT 59715
CONTRACT FOR: The Downtown Alley Enhancement Pilot Project
You are notified that your Bid opened on July 17th, 2023 for the above Contract has been
considered. You are the apparent Successful Bidder and have been awarded a Contract for the:
The Contract Price of your Contract is: $298,513.28
Two (2) copies of each of the proposed Contract Documents have been signed and One copy
accompanies this Notice of Award for your records.
CITY OF BOZEMAN, MONTANA
BY: __________________________________
(CITY MANAGER)
BY: ___________________________________
(CITY CLERK)
DATE: _______________________________
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
253623
Exhibit D: Nall Transfer and Assignment of Copyright - Page 1 of 3 -
EXHIBIT D TRANSFER AND ASSIGNMENT OF COPYRIGHT 1. Parties. This Transfer and Assignment of Copyright (“Assignment”) made this
__________ (“Effective Date”) is by and between: Assignor. Stella Nall, with a mailing address of 1752 S. 14th Street W., Missoula, MT 59801 (“Assignor”), and Assignee. Bozeman Downtown Urban Renewal District, an agency of the City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“Assignee”). The Assignor and the Assignee are each referred to herein as a “Party” and
collectively as the “Parties.” 2. Transfer and Assignment of Authored Projects. The Assignor, through this Assignment, transfers assigns to the Assignee of all the Assignor’s interest in:
a. The following registered copyrighted Artwork (“Artwork”): i. Copyright #1
• Author Name: Stella Nall
• Title of Artwork 1: Baáchuuashe b. All the usual rights granted to the owner of a copyright under federal law, including but not limited to the right to reproduce, publish, adapt, modify,
distribute, create derivative Projects on, display, publicize, and transmit
each Project; c. The right to register, as well as applications for registrations of each Project, with the U.S. Copyright Office, including any and all renewals and extensions;
d. The income, royalties, and damages due to the Assignor in regards to each
Project, including damages for past or future infringements and misappropriations for each Project; e. The right to sue for past, present, and future infringements and misappropriations for each Project.
3. Assignment Purchase. Payment for the Assignment is included in the amount due and as set forth in the Construction Agreement and incorporated Construction Documents.
4. Further Use of Project. This Assignment is exclusive. Unless otherwise
specified in the Construction Agreement or its corresponding exhibits, once the effective date has passed, the Assignor may not make any further use of the Project or derivatives without written, authorized consent from the Assignee and further may not challenge the Assignee’s use or ownership of the Artwork or the
validity of the Artwork.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
254624
Exhibit D: Nall Transfer and Assignment of Copyright - Page 2 of 3 -
5. Authorship. In relation to authorship rights, following the effective date of this Agreement, the Assignor maintains the right to be identified as the rightful author of the Artwork whenever the Artwork are reproduced, published, or otherwise publicly displayed. The authorship rights conferred in this section must be read in
conjunction with the Waiver of Proprietary Rights. 6. Warranty. Assignor warrants and represents that: a. the Artwork is an original work of authorship;
b. the Assignor is the legal owner of the Artwork;
c. the Artwork does not infringe on any existing copyright;
d. Assignor has not entered into any other assignments, transfers, licenses,
contracts, or mutual understandings in conflict with the terms and
obligations of this Construction Agreement;
e. There are no claims currently pending or threatened, nor does Assignor
have any reason to believe that any claims will be brought or threatened in
the future against Assignor’s right, ownership, or interest in the Artwork.
7. Documentation. The Assignor will provide all documentation relating to the
Artwork for the Assignee’s record-keeping needs, assertion of rights, or for any other use. They will likewise sign any additional agreements or complete any other lawful action reasonably necessary for a successful filing of the assignment with the United States government.
8. Integration and Modification. This document contains the entire Assignment
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 Assignment may not be modified except by
written agreement signed by both parties.
9. 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 Assignment.
10. No Third-Party Beneficiary. The terms and provisions of this Assignment are
intended solely for the benefit of each Party and their respective successors and
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
255625
Exhibit D: Nall Transfer and Assignment of Copyright - Page 3 of 3 -
assigns. It is not the Parties’ intent to confer third party beneficiary rights upon
any other person or entity.
11. Choice of Law. This Assignment shall be governed and construed in accordance
with the laws of the State of Montana without regard to conflict of law provisions.
The Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
12. Non-Waiver. A waiver by any Party of any default or breach by the other Party
of any terms or conditions of this Assignment 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.
13. Severability. If any portion of this Assignment is held to be void or
unenforceable, the balance of the Assignment shall continue in effect.
14. Counterparts. This Assignment may be executed in counterparts, which together
constitute one instrument.
15. Assignment and Delegation. Assignor may not subcontract or assign rights to
any other individual or corporation not listed in this Assignment.
16. Entire Agreement. This document constitutes the entire Assignment between the Parties. No modification or amendment of this Assignment shall be effective unless in writing and signed by both Parties.
17. Execution. The Assignor and the Assignee each represent and warrant to the other that each person executing this Assignment on behalf of each party is duly authorized to execute and deliver this Assignment on behalf of that party. 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. Assignor’s Signature: _________________________ Date: ________________ Print Name: _________________________ Stella Nall
Assignee’s Signature: _________________________ Date: ________________ Print Name: _________________________ Ellie Staley, Downtown Urban Renewal District
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
256626
Dzintars Waiver of Proprietary Rights - Page 1 of 4 -
EXHIBIT E WAIVER OF PROPRIETARY RIGHTS 1. Parties. This Waiver of Proprietary Rights (“Waiver”) made this __________
(“Effective Date”) is by and between: Assignor. Kelsey Dzintars (“Assignor”), with a mailing address of 1504 Rainbow Road, Bozeman, MT 59715; and Assignee. Bozeman Downtown Urban Renewal District, an agency of City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“Assignee”). The Assignor and the Assignee are each referred to herein as a “Party” and
collectively as the “Parties.” 2. Description of Assignor’s Authored Projects. The Assignor, through this Assignment, transfers assigns to the Assignee of all the Assignor’s interest in the following Artwork:
a. Artwork 1:
• Author Name: Kelsey Dzintars
• Title of Project: Downtown Bozeman Alley Enhancement Project
• Located at: Downtown Bozeman Parking Garage, East Panel (Black St.)
3. Waiver. Assignor voluntarily waives all rights to attribution and integrity with
respect to the Artwork, as described in the Construction Agreement and corresponding exhibits, and any and all claims as may arise under the Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) (”VARA”), or any other local, state, foreign or international law that conveys the same or similar
rights (“moral rights laws” as defined by VARA), with respect to the Artwork, its
display, removal from display, exhibition, installation, conservation, storage, study, alteration and any other activities conducted by the Assignee, its officers, employees, agents, contractors, licensees, successors or assigns. If the Artwork is incorporated into a building such that the Artwork cannot be removed from the
building or structure, and alternation, distortion, destruction, or other modification
(collectively, “modification”) of the Artwork occurs, Assignor-Author waives any and all such claims under any moral rights laws arising out of or against any current or future owners of the Assignee, and its agents, officers and employees, for modification of the Artwork.
4. Assignor’s Right to Accreditation and Promotion. Assignor retains the right to
reproduce, publish, or display the Artwork in Assignor’s portfolios, websites, galleries, design periodicals, or any other media or exhibit for the purpose of recognition of creative excellence or professional advancement, and to be credited with Assignor’s Authorship of the Artwork.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
257627
Dzintars Waiver of Proprietary Rights - Page 2 of 4 -
5. Right to Modify. The Assignee has the absolute right and retrains the sole discretion to distort, mutilate, or other modification including, but not limited to, change, destroy, remove, relocate, move, replace, transport, repair or restore the Artwork, in whole or in part. The Assignee is not required to provide the Assignor
with any notice of modification.
6. Third Party Claims. The Assignee has no obligation to pursue claims against third parties for modifications or damage to the Artwork done without the Assignee’s authorization. However, the Assignee may pursue claims against third parties for modifications or damage or to restore the Artwork if the Artwork was
modified without the Assignee’s authorization. In the event that the Assignee pursues such a claim, it shall notify the Assignor, who must cooperate with the Assignee’s efforts to pursue such claims.
7. Authorship. If the Assignee modifies the Artwork without the Assignor’s consent
in a manner that is prejudicial to Assignor’s reputation, Assignor retains the right
to disclaim Authorship of the Artwork in accordance with 17 U.S.C. § 106A(a)(2) and as set forth in section 3 of this Waiver. 8. Notice. As required under the U.S. Copyright Act, the Assignee must provide
notice if it wishes to remove the Project from a part of the building and the
removal can occur without destruction or modification of the Project. Assignee is
required to keep the Assignor informed of its updated mailing address.
9. 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 Waiver may be
considered valid or binding. This Waiver may not be modified except by written
agreement signed by both parties.
10. 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 Gallatin County, Montana.
11. No Third-Party Beneficiary. The terms and provisions of this Wavier 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.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
258628
Dzintars Waiver of Proprietary Rights - Page 3 of 4 -
12. Choice of Law. This Waiver shall be governed and construed in accordance with
the laws of the State of Montana without regard to conflict of law provisions. The
Parties agree to submit to the personal and exclusive jurisdiction of the courts
located within Gallatin County, Montana.
13. Non-Waiver. A waiver by either Party of any default or breach by the other Party
of any terms or conditions of this Waiver 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.
14. Severability. If any portion of this Waiver is held to be void or unenforceable, the
balance of the Assignment shall continue in effect.
15. Counterparts. This Waiver may be executed in counterparts, which together
constitute one instrument.
16. Assignment and Delegation. Assignor may not subcontract or assign rights to
any other individual or corporation not listed in this Waiver.
17. Entire Agreement. This document constitutes the entire Waiver between the Parties. No modification or amendment of this Waiver shall be effective unless in writing and signed by both Parties. 18. Execution. The Assignor and the Assignee each represent and warrant to the
other that each person executing this Waiver on behalf of each party is duly authorized to execute and deliver this Waiver on behalf of that party. 19. 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. Assignor’s Signature: _________________________ Date: ________________
Print Name: _________________________ Kelsey Dzintars
Assignee’s Signature: _________________________ Date: ________________ Print Name: _________________________
Ellie Staley, Downtown Urban Renewal District
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
259629
Dzintars Waiver of Proprietary Rights - Page 4 of 4 -
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
260630
DOWNTOWN BOZEMAN
ALLEY ENHANCEMENT
PILOT PROJECT
Final Artwork Plans and Drawings
Date: 1/23/2024
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
261631
Final Artwork Plans and Drawings | Date: 1/23/2024
5'5'5'5'5'30'-8"1050 20
N
1
L201 1" = 10'-0"
Parking Garage Elevation
ENTRY WAYFINDING SIGNAGE NOTVISIBLE IN ELEVATION VIEW. SEE
L500, DETAIL 1 FOR CONCEPTUAL
SIGN CHARACTER AND PLACEMENT
EXISTING TRASH RECEPTACLE
ALCOVE
EXISTING TREE TO
REMAIN. TREE TO BE WRAPPED WITH HOLIDAYLIGHTS. SEE LIGHTING SCHEDULE, SHEET L001.
EXISTING TRASH RECEPTACLE
ALCOVE
HISTORIC PLAQUELOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
APPROXIMATESCULPTURE LOCATION
(EXACT LOCATION TO BE
COORDINATED W/CITYOF BOZEMAN.
VINYL ART WRAP
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUELOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUETO BE MOUNTED AT 5' HEIGHT
ALL GREY PANELS TO BE VINYL ART WRAP ALL GREY PANELS TO BE VINYL ART WRAP
ALL GREY PANELS TO BE VINYL ART WRAP
EXISTING WALL LIGHTEXISTING WALL LIGHT
EXISTING WALL LIGHT EXISTING WALL LIGHT
EXISTING WALL LIGHT
LED WALL WASH
LIGHTS. SEE L400
LED WALL MOUNT LIGHT.
SEE L400
APPROXIMATE SCULPTURELOCATION. (EXACT LOCATION TO BE
COORDINATED W/ CITY OF BOZEMAN
LED WALL MOUNT LIGHT.
SEE L400 LED WALL MOUNT LIGHT, SEE L400
LED WALL WASH LIGHTS. SEE L400
APPROXIMATE SCULPTURE
LOCATION. (EXACT LOCATION TO BE
COORDINATED W/ CITY OF BOZEMAN
West Mural (1)
Artist: Stella Nall
West Mural (1)
Colors:
this fur pattern will be present on the whole being,I just don’t like to render all of it for sketches because it is quite time consuming :-) It is characteristic of mypainting, and was inspired by the back stitching of beadwork.
Title: Baáchuuaashe(baáchuu 'berry' + áashi 'river', the Crow name for Bozeman
Statement:
As an artist I am driven by three primary forces: to process my experiences, to connect with others, and to advocate for change. Through this mural I hope to direct thought towards our relationship with the earth, and to celebrate the plants and animals that we share it with. My work often features imaginary creatures which tell a story. This happy creature’s belly is full of berries which are all edible and native to this area. I included this imagery to give thanks for the abundance of nature which we are so fortunate to live in and around, and the joy and nourishment which it provides us. By naming this Bozeman-being the Apsáalooke (Crow) name for this land, Baáchuuaashe, I hope to honor my ancestors who traveled here before us, to share our language, and to cele-brate the active presence of Indigenous members of the Bozeman community today. Growing up in Bozeman, I didn’t see very much Native American artwork, and it was discouraging to my goals of becoming a professional artist. I am excited to help provide more public Indigenous art for our community, and hope to help encourage future generations to continue working to make Bozeman an inclusive place for everyone.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
262632
5'5'5'5'5'30'-8"1050 20
N
1
L201 1" = 10'-0"
Parking Garage Elevation
ENTRY WAYFINDING SIGNAGE NOTVISIBLE IN ELEVATION VIEW. SEE
L500, DETAIL 1 FOR CONCEPTUAL
SIGN CHARACTER AND PLACEMENT
EXISTING TRASH RECEPTACLE
ALCOVE
EXISTING TREE TO
REMAIN. TREE TO BE WRAPPED WITH HOLIDAYLIGHTS. SEE LIGHTING SCHEDULE, SHEET L001.
EXISTING TRASH RECEPTACLE
ALCOVE
HISTORIC PLAQUELOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
APPROXIMATESCULPTURE LOCATION
(EXACT LOCATION TO BE
COORDINATED W/CITYOF BOZEMAN.
VINYL ART WRAP
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUELOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUETO BE MOUNTED AT 5' HEIGHT
ALL GREY PANELS TO BE VINYL ART WRAP ALL GREY PANELS TO BE VINYL ART WRAP
ALL GREY PANELS TO BE VINYL ART WRAP
EXISTING WALL LIGHTEXISTING WALL LIGHT
EXISTING WALL LIGHT EXISTING WALL LIGHT
EXISTING WALL LIGHT
LED WALL WASH
LIGHTS. SEE L400
LED WALL MOUNT LIGHT.
SEE L400
APPROXIMATE SCULPTURELOCATION. (EXACT LOCATION TO BE
COORDINATED W/ CITY OF BOZEMAN
LED WALL MOUNT LIGHT.
SEE L400 LED WALL MOUNT LIGHT, SEE L400
LED WALL WASH LIGHTS. SEE L400
APPROXIMATE SCULPTURE
LOCATION. (EXACT LOCATION TO BE
COORDINATED W/ CITY OF BOZEMAN
East Mural (2)
Artist: Kelsey Dzintars
East Mural (2)
Final Artwork Plans and Drawings | Date: 1/23/2024
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
263633
Bird sculpture to be shifted
up to meet 30' clearance
requirement for dumpster
pads.
Final Artwork Plans and Drawings | Date: 1/23/2024
5'5'5'5'5'30'-8"1050 20
N
1
L201 1" = 10'-0"
Parking Garage Elevation
ENTRY WAYFINDING SIGNAGE NOTVISIBLE IN ELEVATION VIEW. SEE
L500, DETAIL 1 FOR CONCEPTUAL
SIGN CHARACTER AND PLACEMENT
EXISTING TRASH RECEPTACLE
ALCOVE
EXISTING TREE TO
REMAIN. TREE TO BE WRAPPED WITH HOLIDAYLIGHTS. SEE LIGHTING SCHEDULE, SHEET L001.
EXISTING TRASH RECEPTACLE
ALCOVE
HISTORIC PLAQUELOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
APPROXIMATESCULPTURE LOCATION
(EXACT LOCATION TO BE
COORDINATED W/CITYOF BOZEMAN.
VINYL ART WRAP
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUELOCATION, MIDDLE OF PLAQUE
TO BE MOUNTED AT 5' HEIGHT
HISTORIC PLAQUE
LOCATION, MIDDLE OF PLAQUETO BE MOUNTED AT 5' HEIGHT
ALL GREY PANELS TO BE VINYL ART WRAP ALL GREY PANELS TO BE VINYL ART WRAP
ALL GREY PANELS TO BE VINYL ART WRAP
EXISTING WALL LIGHTEXISTING WALL LIGHT
EXISTING WALL LIGHT EXISTING WALL LIGHT
EXISTING WALL LIGHT
LED WALL WASH
LIGHTS. SEE L400
LED WALL MOUNT LIGHT.
SEE L400
APPROXIMATE SCULPTURELOCATION. (EXACT LOCATION TO BE
COORDINATED W/ CITY OF BOZEMAN
LED WALL MOUNT LIGHT.
SEE L400 LED WALL MOUNT LIGHT, SEE L400
LED WALL WASH LIGHTS. SEE L400
APPROXIMATE SCULPTURE
LOCATION. (EXACT LOCATION TO BE
COORDINATED W/ CITY OF BOZEMAN
Sculptures (3 sculptures)
Artist: Kelsey Clark
Extracted Topography Elements on the full Elevation of the Parking Garage
“Fish Eye lens” animates
the hyalite Reservoir
and surrounding water
elements
“On the horizon”
Animates the Downtown
Bozeman street-scape
“Birds Eye View”
Animates the Bridger
mountain range
NOTES
1) Sculptures and mounting details will be closely coordinated with the City of Bozeman to ensure required
clearances are maintained. 30 feet of vertical clearance to be maintained over dumpster tip pads.
2) Prior to installation, the DBP will provide the City a structural engineer report with mounting details,
elevations, and height for review and approval. See the following pages for the preliminary design.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
264634
Alley Ways are highly underused public corridors
that have the potential for unexpected interaction and
adventures. The objective of this art-scape is to turn this
underutilized space into an interactive journey through
the Bozeman Landscape. The Sculptures revitalize THE alley,
Leading the public to possible adventures in the area, and
inspiring further exploration.
Against the backdrop of the tall buildings, limited
light and muted tones, the contrasting bright colors of
the sculptures enliven the alley and catches the public’s
attention. The three sculptures protrude from the wall
making them more visible and encouraging the public to
explore the corridor. From far away only the shapes of the
animals are recognizable, Acting as a prelude to the elements
they represent. Each sculpture was designed in a way to
look as if it was leaping out of each animal’s corresponding
landscape feature. As the public approaches the sculptures,
their place in the Bozeman topography becomes recognized
and a spark for exploration is ignited.
GallatinThe
CORRIDOR
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
265635
Each sculpture corresponds to a backdrop displaying
a significant and recognizable feature of the Gallatin Valley.
If a map was placed over the Elevation of parking garage the
backdrops correlate to the exact geographic location in
relation to each other. Upon approaching these the sculptures
the Backdrops become more recognizable and the connection
to the Landscape becomes more realized. This Idea can be
strengthened by providing access to a visual graphic of the
full map at both ends of the alleyway. This Provides a plan of
action to explore the areas experienced in the art-scape.
These Backdrops were designed to enhance the
Art, but also to incorporate a Barrier to limit access to
the sculptures. The openings in the facade of the parking
garage Allow access to climb or vandalize the sculptures.
The backdrop blends a functional safety element into a Key
feature of the art piece. This addition brings depth to the
artistic concept and adds another layer of complexity To the
experience through the Alley. Functional art!
Bozeman’s unique culture would not be the same
without its breathtaking mountains, rivers and valleys. This
art sculpture strives to empower the public with a better
understanding of possibilities of adventure and exploration
in this area. This project aims to revitalize the downtown area
by creating a visually appealing art-scape that is informative
and intrigues the public to activate this unused space. Once
immersed in the alley, the public is able to interact with
bozeman in a unique and playful way that connects them to
this beautiful landscape.
-Metallic Weaver
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
266636
Map Placement on the Full Elevation of the Parking Garage
Extracted Topography Elements on the full Elevation of the Parking Garage
“Fish Eye lens” animates
the hyalite Reservoir
and surrounding water
elements
“On the horizon”
Animates the Downtown
Bozeman street-scape
“Birds Eye View”
Animates the Bridger
mountain range
All of the extracted backdrop’s locations correlate directly to a map of the Gallatin Valley giving a scale and reference to the highlighted topography
elements. Once the map is removed a perceptual phenomenon occurs called “Filling-in at the blind spot”, where the visual system fills the informational void
with surrounding visual attributes. Once the relationship of the landscape to the art sculptures is realized, the public actively uses their imagination to fill
in the adventure they desire.
Bird sculpture to be shifted up to meet 30' clearance
requirement for dumpster pads.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
267637
14’6’17’ 4”North Alley Elevation Scale reference South Alley Elevation close up
Semi truck with maximum
height allowed in Montana
These Views display the
relative size and location
of the sculptures to each
other, the ground and
activity in the alley.
3’10”9’5”30' of clearance
required to be
maintained over
dumpster pads.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
268638
Front Elevation
DIMENSIONS: 92”h x 64”w x 56”d
WEIGHT: 600 LBS (generous and rounded up)
Material: Mild Steel
Finish: Golden yellow Powder coat
Description:
The “Birds Eye View” is a large Hawk sculpture that brings attention to the possibilities of Mountain adventures in the Bozeman
area. This figure brings attention to prominent topography elements, viewing them just like a bird soaring through the air. The Bird
is positioned to look as if it was flying out of the Bridger range topography By Sacajawea Peak. The Sculpture is colored to match
the topography elements of the wall backdrop, visually emphasizing the possible terrain exploration in this area. The lattice
Slate design of the bird is composed of 2-d parts to create The 3-d shape of the sculpture. This method mimics the 2-d graphics of
the backdrop and gives the illusion that the graphics are FLYING of the wall and morphing into the shape of the Bird. The Landscape
backdrop camouflages a steel metal mesh screen, inhibiting access to the sculpture. By strengthening the connection of the 2-d
world to the 3-d world, the possible adventure in the bozeman terrain can be realized through “Birds Eye View”.
Steel Mesh Screen
Topography backdrop
Sculpture
Bird sculpture to be shifted up to meet 30' clearance
requirement for dumpster pads.
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
269639
Steel Mesh screen
with a 10 g steel
frame bolted to
the concrete and
steel topography
1/4” steel plate
welded to the
sculpture and
bolted to the
concrete
(wing mount)
Topography lines
cut out of 14 g
steel and bolted
To the concrete
and Steel mesh
Screen
Black cut vinyl
elevation call outs
Black powder
coated 14 g steel
mountain peak
call outs bolted
to the steel
topography
Left Lower Corner Orthographic view
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
270640
slat design adds
to the rigidity of
the structure and
allows for wind to
pass through
Topography lines cut
out of 14 g steel and
bolted To the concrete
and Steel mesh Screen
Steel Mesh screen
with a 10 g steel
frame bolted to
the concrete and
steel topography
Black cut vinyl
elevation call outs
Black powder
coated 14 g steel
mountain peak
call outs bolted
to the steel
topography
1/4” steel plate
welded to the
sculpture and
bolted to the
concrete
(Tail mount)
Right Lower Corner Orthographic view
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
271641
Front View
Bottom View 22”10.25”56”1/4” steel plate welded
to the sculpture and
bolted to the concrete.
Topography ELEVATION
LINES cut out of 14 g
steel and bolted to
the concrete AND MESH
SCREEN
Black cut vinyl
elevation call outs
Black powder
coated 14 g steel
mountain peak call
outs bolted to the
steel topography
Steel Mesh screen
with a 10 g steel
frame bolted to
the concrete and
steel topography 45.75”92”64”
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
272642
West View East View
1/4” steel plate bolted to concrete (Wing Mount)
10 g steel plate welded to the 1/4’ wall plate steel plate
(thicker steel plate used for stronger wall connection)
14 G steel plate
BOLTED together
(thiner steel
plate used to
reduce weight)
1/4” steel plate
bolted to concrete
(tail mount)
10 g steel plate welded to the
1/4’ wall plate steel plate
(thicker steel plate used for
stronger wall connection)
14 G steel plate
BOLTED together
(thiner steel
plate used to
reduce weight)
56”45.75”92”Steel screen bolted to the concrete
topography backdrop bolted to the concrete and screen
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
273643
DIMENSIONS: 35”W x 112.25”h x 39.75”D
WEIGHT: 750 LBS (generous and rounded up)
Material: Mild Steel
Finish: Rusted Copper colored powder coat
Description:
“On the Horizon” is a large bobcat sculpture that brings attention
to the possibilities of Urban adventure in the Bozeman area. This
figure represents the methods of exploring the downtown area
on the ground level, just like how a bobcat would explore the
wilderness. The Sculpture is positioned to look as if it was Climbing
out of the streets of bozeman, reaching for further exploration
in this area. Amongst the Downtown background display, the exact
location of the alley in relation to all three sculptural elements
is highlighted, emphasizing the public’s connection to the landscape
and bringing a level of personal relation to the sculpture. THE
ROADS ARE THE VEINS OF adventure, SHOWING HOW TO ACCESS areas of
exploration. The Sculpture is colored to match the road graphic
elements of the Steel wall background, visually emphasizing the
possible urban exploration in this area and sparking inspiration
to explore. The Copper color connects the man-made roads of the
landscape to the industrial copper industry, WHICH has shaped many
towns in Montana. The lattice Slate design is composed of 2-d parts
to create The 3-d shape of the sculpture. This method mimics the 2-d
graphics and gives the illusion that the graphics are CLIMBING of
the wall and morphing into the shape of the Bobcat. The Landscape
backdrop camouflages a steel metal mesh screen, inhibiting access
to the sculpture. By strengthening the connection of the 2-d world
to the 3-d world, the urban adventure can be realized through “on
the horizon”. Front Elevation
Steel Mesh Screen
Topography backdrop
Sculpture
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
274644
Right Lower Corner Orthographic view
Steel Mesh screen
with a 10 g steel
frame bolted to
the concrete and
steel topography
11/4” steel plate fabricated to look like a
rock, welded to the sculpture and bolted
to the concrete (Front feet MOUNT)
1/4” steel plate
fabricated to look
like a rock, welded
to the sculpture
and bolted to the
concrete
(LEFT FOOT MOUNT)
Roads cut out of 14 g steel and bolted
To the concrete and Steel mesh Screen
Black cut vinyl
street call outs
Black powder coated 14 g steel
urban area call outs bolted to
the steel topography
Slat design adds
to the rigidity of
the structure and
allows for wind to
pass through
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
275645
Left Lower Corner Orthographic view
Steel Mesh screen
with a 10 g steel
frame bolted to the
concrete and steel
BACKGROUND
1/4” steel plate fabricated to
look like a rock, welded to the
sculpture and bolted to the
concrete (Front feet mount)
ROAD lines cut out
of 14 g steel and
bolted To the con-
crete and Steel
mesh Screen
Black cut vinyl
road call outs
1/4” steel plate fabricated to
look like a rock, welded to the
sculpture and bolted to the
concrete (left foot mount)
Slat design adds to the rigidity
of the structure and allows
for wind to pass through
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
276646
Front View
Bottom View 22”10.25”Roads cut out of 14 g
steel and bolted to
the concrete AND MESH
SCREEN
Steel Mesh screen
with a 10 g steel
frame bolted to
the concrete and
steel topography
Black cut vinyl Road
call outs
1/4” steel plate
fabricated to
look like a rock,
welded to the
sculpture and
bolted to the
concrete
(Front feet and
Left foot mount) 39.75”50”35”112.25”DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
277647
1/4” steel
plate bolted to
concrete (tail
mount)
10 g steel plate
welded to the
1/4’ wall plate
steel plate
(thicker steel
plate used for
stronger wall
connection)
10 g steel plate
welded to the
1/4’ wall plate
steel plate
(thicker steel
plate used for
stronger wall
connection)
14 G steel plate
BOLTED together
(thiner steel
plate used to
reduce weight)
39.75”50”112.25”Steel screen
bolted to the
concrete
road backdrop
bolted to the
concrete and
screen
West View East View
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
278648
DIMENSIONS: 72.5”h x 71“w X 55”d
WEIGHT: 500 LBS (generous and rounded up)
Material: Mild Steel
Finish: Teal Blue Powder coat
Description:
The “Fish eye Lens” is a large trout fish sculpture that brings attention to the possibilities of water adventure
in the Bozeman area. This figure represents the Hyalite area on the water level, just like how a fish would ex-
plore the rivers and lakes. The Fish is positioned to look as if it was leaping out of hyalite Reservoir (a prominent
and recognizable water element of this area). The Sculpture is colored to match the water graphic elements of
the steel wall background, visually emphasizing the possible aquatic exploration in this area. The lattice Slate
design is composed of 2-d parts to create The 3-d shape of the sculpture. This method mimics the 2-d graphics and
gives the illusion that the graphics are leaping of the wall and morphing into the shape of the fish. The Land-
scape back drop camouflages a steel metal mesh screen, inhibiting access to the sculpture. By strengthening
the connection of the 2-d world to the 3-d world the water adventure can be realized through the fish eye Lens.
Front Elevation
Steel Mesh Screen
Topography backdrop
Sculpture
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
279649
Right Lower Corner Orthographic view
Steel Mesh
screen with a
10 g steel frame
bolted to the
concrete and
steel RIVERS
1/4” steel plate welded to the
sculpture and bolted to the
concrete (NOSE AND TAIL MOUNT)
RIVERS cut out of 14 g steel and bolted
To the concrete and Steel mesh Screen
Black cut vinyl
RIVER call outs
Slat design adds
to the rigidity
of the structure
and allows for
wind to pass
throughBlack powder coated 14 g steel LAKE call outs
bolted to the steel AQUATIC BACKDROP
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
280650
Left Lower Corner Orthographic view
Slat design adds to the rigidity
of the structure and allows for
wind to pass through
1/4” steel plate
welded to the
sculpture and
bolted to the
concrete (NOSE
AND TAIL MOUNT)
Steel Mesh screen
with a 10 g steel frame
bolted to the concrete
and steel RIVERS
Black cut vinyl
RIVER call outs RIVERS cut out of 14 g steel and bolted
To the concrete and Steel mesh Screen
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
281651
22”10.25”Black powder coat-
ed 14 g steel lake
call outs bolted to
the steel aquatic
background
Steel Mesh screen
with a 10 g steel
frame bolted to the
concrete and steel
rivers
1/4” steel plate welded to the
sculpture and bolted to the
concrete (NOSE AND TAIL MOUNT) Black cut vinyl river
call outs
RIVERS cut out of 14 g steel and bolted
To the concrete and Steel mesh Screen
55”44.75”71”72.5”Front View
Bottom View
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
282652
10 g steel plate welded to the 1/4’ wall plate steel plate
(thicker steel plate used for stronger wall connection)
14 G steel plate BOLTED
together (thiner steel
plate used to reduce
weight)
14 G steel plate
BOLTED together
(thiner steel
plate used to
reduce weight)
1/4” steel plate bolted to concrete (Nose Mount)
1/4” steel plate bolted to concrete (tail Mount)
55”44.75”72.5”Steel screen bolted to the concrete
River backdrop bolted to the concrete and screen
West View East View
DocuSign Envelope ID: 557D5920-3C18-4483-98A6-0B380DEDBD7C
283653
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:
FFY2026 State Highway Traffic Safety (STEP OT) Grant
Hal Richardson Police Department
Jamie Grabinski
Hal Richardson
20.600/20.608 2026
10,000 No
0.00%010-3010-421.11-20
Yes
No
The State Highway Traffic Safety grant is an annual grant opportunity for law enforcement to
apply to for OT pay for traffic patrol during high traffic events. There are 3 required mobilization
periods -winter holiday season, Memorial Day, and Labor Day and two other high risk
state/local events. The purpose of this grant is for local law enforcement agencies to partner
with the State of Montana's Department of Transportation and collaborate on MDT's Vision
Zero program.
The patrol captain and grants coordinator use the required portal, funding.mt.gov to submit the
application, reports, and reimbursement requests every four months.
n/a
3/11/2025
Docusign Envelope ID: 36DB3394-E0C2-4441-8BBA-AD88966C3DC4
27654
Application
137590 - Law Enforcement Only - FFY2026 State Highway Traffic Safety - Final Application
137892 - Law Enforcement Only - FFY2026 State Highway Traffic Safety
MDT - Highway Traffic Safety
Status:Editing Submitted
Date:
Submitted By:
Applicant Information
Primary Contact:
Name:*Mrs. Jamie E Grabinski Salutation First Name Middle Name Last Name
Title: Grants Coordinator
Email:* jgrabinski@bozeman.net
Alternate Email
Address:* 121 N. Rouse Ave
*Bozeman Montana 59715 City State/Province Postal Code/Zip
Phone:*406-582-2364
Phone###-###-#### Ext.
Alternate Phone
Fax:
Organization Information
Name:* Bozeman Police Department
Organization Type: City Government
Organization Website: bozemanpolice.com
Address:* 615 S 16th Ave
*Bozeman Montana 59715
City State/Province Postal Code/Zip
Phone:* 406-582-2021
Ext.
Alternate Phone
Fax: 406-582-2002
Email address cklumb@bozeman.net
Alternate Email
Vendor ID
Project Identification
Project Director - Individual that is responsible for contract implementation
Name*James Veltkamp
First Name Last Name
2/21/25, 2:02 PM WebGrants - State of Montana
https://funding.mt.gov/getApplicationPrintPreview.do?documentPk=1739204009403 1/7
Docusign Envelope ID: 36DB3394-E0C2-4441-8BBA-AD88966C3DC4
28655
Title* Chief of Police
Agency/Organization* Bozeman Police Department
Mailing Address* 901 North Rouse Ave
*Bozeman Montana 59715
City State Zip Code
E-mail Address* jveltkamp@bozeman.net
Phone Number* 406-582-2238
Project Manager/Point of Contact (individual responsible for day-to-day activities)
Name Hal Richardson
First Name Last Name
Title Patrol Captain
Agency/Organization Bozeman Police Department
Mailing Address 901 North Rouse Ave
Bozeman Montana 59715
City State Zip Code
E-mail Address hrichardson@bozeman.net
Phone Number 406-582-2213
Authorized Official for Grantee (City/County Commissioner Chair, Mayor, Chief Executive Officer,Department Head or President of Board of Directors).
Name*Chuck Winn
First Name Last Name
Title* Interim City Manager
Agency/Organization* City of Bozeman
Mailing Address* 121 N Rouse
*Bozeman Montana 59715
City State Zip Code
E-mail Address* cwinn@bozeman.net
Phone Number* 406-582-2307
Budget Representative (Individual responsible for the accounting practices).
Name Jamie Grabinski
First Name Last Name
Title Grants Coordinator
Agency/Organization City of Bozeman -Finance Department
Mailing Address 121 N. Rouse Ave.
Bozeman Montana 59715
City State Zip Code
E-mail Address jgrabinski@bozeman.net
Phone Number 406-582-2364
UEI Number
Organization's UEI Number*
EEAPKALAEM35
Project Narrative
Executive Summary
Executive Summary (6500 characters allowed)*
This project supports the purpose of the STEP program; to reduce crashes, injuries, and fatalities associated with impaired
driving and increase seatbelt and child safety seat usage through high visibility patrol in high crash corridors and arterialroads that feed into high crash corridors.
2/21/25, 2:02 PM WebGrants - State of Montana
https://funding.mt.gov/getApplicationPrintPreview.do?documentPk=1739204009403 2/7
Docusign Envelope ID: 36DB3394-E0C2-4441-8BBA-AD88966C3DC4
29656
STEP will fund officer overtime to deter impaired driving and occupant protection violations; to provide high visibility patrolsto enforce impaired driving and occupant protection violations; to conduct patrols during high risk time frames for local
events, holidays, and mobilization periods.
Problem/Needs Statement
Problem/Needs Statement (6500 characters allowed)*
Bozeman PD needs focused enforcement efforts to reduce motor vehicle crashes, all effects of alcohol related driving, and
increase seatbelt usage.
Goal(s)
Goal(s) (1000) characters allowed)*
Increase safety on Bozeman's streets and highways by decreasing the number of motor vehicle crashes through data
driven, concentrated, high visability enforcement.
Increase occupant protection usage thereby reducing the number of injuries from crashes by enforcing seat belt and childsafety seat laws.
Reduce alcohol and drug related crashes by detecting and arresting impaired drivers.
Reducing the number of impaired drivers on the roads through education and high viability deterrence.
Increase enforcement actions by reducing inefficiencies in the investigation of traffic offenses, and unnecessary delays indigital ticketing.
Data Collection and Analysis
Data collection and analysis to ensure transparency.*
Examine officer logs, quarterly reports, and mobilization reports at the end of each reporting period to measure success.
Compare STEP data from previous years with current date. Examine yearly, MDT crash summaries and records
management system for Bozeman, comparing data from previous years to measure success.
City of Bozeman data for 2025:
Total number of Crashes: 1,767
Number of Fatal Crashes: 1
Number of Injury Crashes: 188
Bozeman Police Department 2025 DUI Arrests: 247
Bozeman Police Department 2025 Seat belt violation citations: 1
Community Collaboration Efforts
Discussion of planned community collaboration efforts related to traffic enforcement. *
- School Resource Officer classroom discussions on the dangers of unsafe/imparied driving with newer drivers at Bozeman
area public schools.
- Monthly "coffee with a cop" sessions where uniformed officers interact face to face with Bozeman area citizens. Primary
topic of discussion/education is traffic safety/enforcement.
- Officer presence and interaction at Bozeman's Cruisin' on Main Car Show (yearly in August). Historically an event thatconcluded each year with reckless driving complaints that have declined over the years due in part to enforcment and
education efforts.
-Officer presence and interaction at Downtown Bozeman's annual Christmas stroll which is the largest community event that
kicks off the winter holiday season.
Objectives: STEP and SETT Only
Objectives: STEP and SETT Only 1
Period(s) Period 1
Objective* Winter High Visibility Mobilization
Target Population/Date/Event Name(250 character limit)
2/21/25, 2:02 PM WebGrants - State of Montana
https://funding.mt.gov/getApplicationPrintPreview.do?documentPk=1739204009403 3/7
Docusign Envelope ID: 36DB3394-E0C2-4441-8BBA-AD88966C3DC4
30657
Our target population is impaired drivers and drivers and occupants not wearing seat belts.
Activities(1000 character limit)
Conduct high visibility patrols with a focused enforcement upon impaired driving and occupant protection over the Winter
Holiday Season.
Responsible Person/Party(250 character limit)
Patrol Captain Hal Richardson
Outcome(500 character limit)
Increase occupant protection usage and reduce injury from crashes by enforcing seat belt and child safety seat laws.
Reduce alcohol and drug related crashes by detecting and arresting alcohol and drug impaired drivers
Objectives: STEP and SETT Only 2
Period(s) Period 1
Objective* Special Event High Visibility Mobilization
Target Population/Date/Event Name(250 character limit)
Our target population is impaired drivers traveling to and from holiday parties, holiday events, and MSU commencement and
events.
Activities(1000 character limit)
Beginning Thanksgiving weekend through the end of the holiday season, Bozeman is busy. There are significant holiday
events, private parties, and MSU events. For instance, the first Saturday in December, Downtown Bozeman holds its annualChristmas stroll which brings many attendees downtown.
The overall goal is to conduct high visibility patrols on Friday and/or Saturday evenings. This deployment would be in
conjunction with surrounding law enforcement agencies.
Conduct media releases of increased STEP patrols.
Responsible Person/Party(250 character limit)
Patrol Captain Hal Richardson
Outcome(500 character limit)
Reduce alcohol and drug related crashes during the Holiday Season by detecting and arresting alcohol and drug impaired
drivers.
Objectives: STEP and SETT Only 3
Period(s) Period 3
Objective* Special Event High Visibility Mobilization
Target Population/Date/Event Name(250 character limit)
During this period from June 1 to September 30th, Bozeman's traffic volume increases due to the summer season and manyvisitors to the area.
Our target population for this time period is impaired drivers and occupants not wearing seatbelts.
Activities(1000 character limit)
-Conduct high visibility patrols with focused enforcement to identify impaired driviers over the Fourth of July holiday.
Additionally, downtown Bozeman hosts a six week concert series in early July (Music on Main) where alcohol is served andassociated with the event. This deployment is in conjunction with surrounding law enforcement agencies when available.
The goal would be to patrol the major highways connecting Bozeman to surrounding jurisdictions.
-Conduct media releases of increased STEP patrols.
Responsible Person/Party(250 character limit)
Patrol Captain Hal Richardson
Outcome(500 character limit)
Reduce alcohol and drug related crashes by detecting and arresting alcohol and drug impaired drivers.
Increase occupant protection usage and reduce injury from crashes by enforcing seat belt and child seat laws.
Objectives: STEP and SETT Only 4
Period(s) Period 3
Objective* Labor Day High Visibility Mobilization
Target Population/Date/Event Name(250 character limit)
Labor Day weekend is a busy holiday since it is the last major summer holiday before school fully commences. For thisperiod, our target population during the Labor Day high visibility mobilization is impaired drivers and occupants not wearing
seatbelts.
Activities(1000 character limit)
-Participate in the Labor Day Mobilization.
-Conduct high visibility patrols with a focused enforcement to increase seatbelt use and identify impaired drivers overthe Labor Day weekend 2025. In conjunction with surrounding law enforcement agencies, the goal is to connect the City of
Belgrade to Four Corners on Jackrabbit Lane, connect Four Corners to the City of Bozeman on Huffine Lane and continue
to the MSU campus along College Avenue and South 19th Avenue.
-Conduct media releases of increased STEP patrols.
Responsible Person/Party(250 character limit)
2/21/25, 2:02 PM WebGrants - State of Montana
https://funding.mt.gov/getApplicationPrintPreview.do?documentPk=1739204009403 4/7
Docusign Envelope ID: 36DB3394-E0C2-4441-8BBA-AD88966C3DC4
31658
Patrol Captain Hal Richardson
Outcome(500 character limit)
Increase occupant protection usage and reduce injury from crashes by enforcing seat belt and child safety seat laws.
Reduce alcohol and drug related crashes by detecting and arresting alcohol and drug impaired drivers.
Objectives: STEP and SETT Only 5
Period(s) Period 2
Objective* Memorial High Visibility Mobilization
Target Population/Date/Event Name(250 character limit)
Our target population is impaired drivers and unrestrained drivers.
Activities(1000 character limit)
-Participate in the Memorial Day Mobilization.
-Conduct high visibility patrols with a focused enforcement to increase seatbelt use and identify impaired drivers over theMemorial Day weekend of 2025. In conjunction with surrounding law enforcement agencies, the goal is to connect the Cityof Belgrade to Four Corners on Jackrabbit Lane, connect Four Corners to the City of Bozeman on Huffine Lane and
continue to the MSU campus along College Avenue and South 19th Avenue.
-Conduct media releases of increased STEP patrols.
Responsible Person/Party(250 character limit)
Patrol Captain Hal Richardson
Outcome(500 character limit)
Increase occupant protection usage and reduce injury from crashes by enforcing seat belt and child safety seat laws.
Reduce alcohol and drug related crashes by detecting and arresting alcohol and drug impaired drivers.
A. Personnel Services
Description Type of Personnel Service Proposed MDT-SHTSS Funding Matching Funds Total
Officer Overtime Overtime $10,000.00 $0.00 $10,000.00
$10,000.00 $0.00 $10,000.00
Personnel Services Narrative
Our proposed budget for FFY2026 is $10,000 to be used for overtime. We are still experiencing staffing issues, but our patrol captain is diligently identifyingSTEP opportunities as well as areas that need additional enforcement. The local special events identified in this application are two examples for our
department to contribute to completing the goals of reducing impaired driving due to drugs and/or alcohol related incidences and seatbelt safety incidences.
Per our contracted OT rate, the current rate is $100/hr. which equates to 100 hours of officer involvement/enforcement in the STEP program for FFY2026.
B. Contracted Services
Description Type of Contract Service Proposed MDT-SHTSS Funding Matching Funds Total
$0.00 $0.00 $0.00
Contracted Services Narrative
C. Operating Expenses
Description Type of Operating Expense Proposed MDT-SHTSS Funding Matching Funds Total
$0.00 $0.00 $0.00
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Docusign Envelope ID: 36DB3394-E0C2-4441-8BBA-AD88966C3DC4
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Operating Expenses Narrative
D. Travel
Description Type of Travel Proposed MDT-SHTSS Funding Matching Funds Total
$0.00 $0.00 $0.00
Travel Narrative
E. Equipment
Description Proposed MDT-SHTSS Funding Matching Funds Total
$0.00 $0.00 $0.00
Equipment Narrative
F. Indirect Costs
Description Proposed MDT-SHTSS Funding
$0.00
Indirect Costs Narrative
Total Project Budget
Combined Totals For All Columns
Total Proposed MDT-SHTSS
Funding $10,000.00
Total Matching Funds $0.00
Combined Total $10,000.00
Percentages
SHTSS Share of Project 100.0%
Match Percent 0%
Agreement
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Docusign Envelope ID: 36DB3394-E0C2-4441-8BBA-AD88966C3DC4
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The National Highway Traffic Safety Administration (NHTSA) requires the SHTSS to obtain written request from local subdivisions when they
want to participate in state administered programs such as paid media. To ensure that the local community has a “voice” in the expenditure offederal funding, please indicate a choice below:
If applicable, we would request that MDT include our community in statewide media messages that support highway traffic safety efforts.
Yes Yes
No
Full Name* Hal Richardson
Title* Patrol Captain
Attachments
2/21/25, 2:02 PM WebGrants - State of Montana
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Docusign Envelope ID: 36DB3394-E0C2-4441-8BBA-AD88966C3DC4
34661