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HomeMy WebLinkAbout04-08-25 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 a Notice of Award to High Country Paving Inc. for Construction of the 2025 Street Improvements Project(Gamradt) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, April 8, 2025 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. At the direction of the City Commission, anonymous public comments are not distributed to the City Commission or staff. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 1 F.3 Authorize the City Manager to Sign a Professional Services Agreement with Baker Tilly for Municipal Advisory Services(Hodnett) F.4 Authorize the City Manager to Sign a Professional Service Agreement with Cushing Terrell for Bogert Pool Renovation Design Services.(Miller) F.5 Authorize the City Manager to sign an Addendum to  the Professional Services Agreement with Sprout, Inc. Land & Hardscaping for Median and Grounds Maintenance Services(Workman) F.6 Authorize the City Manager to sign an Addendum to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-Up, Winterization, and Maintenance Services(Workman) F.7 Ratify the City Manager's signature on the Professional Service Agreement with Montana Lines for Phase 1 of the 5th & Main Lighting Project(Staley) G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission H. Mayoral Proclamation H.1 Mayoral Proclamation of World Quantum Day(Cunningham) I. Action Items I.1 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-4 on 10 Acres Including the Adjacent Right of Way, the 5532 Fowler Lane Annexation, Application 24492(Moon) I.2 Integrated Water Resources Plan (IWRP) Engagement Plan (Kohtz) J. FYI / Discussion K. Adjournment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. Consider the Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24492 and move to recommend approval of the 5532 Fowler Lane Zone Map Amendment, with contingencies required to complete the application processing. Consider the Motion: I move to approve the Integrated Water Resources Plan Engagement Plan. 2 City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232. Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM: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:April 8, 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 April 9, 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 4 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Notice of Award to High Country Paving Inc. for Construction of the 2025 Street Improvements Project MEETING DATE:April 8, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Notice of Award to High Country Paving Inc. for the Total Schedule 1 thru 4 Base Bid plus miscellaneous work, in the amount of $1,928,974.20 STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project. The project generally involves: pavement cold milling, hot mix overlays, friction seal, concrete improvements and pavement markings and incidental items. The contract is to be completed within 70 calendar days of the issuance of the notice to proceed. Bids for the above-referenced project were opened on March 20th with 5 bids being submitted. The low bid was submitted by High Country Paving, Inc in the amount of $1,928,974.20 for the base bid plus miscellaneous work. The Bid Tabulation for the project is attached. UNRESOLVED ISSUES:None ALTERNATIVES:As recommended by Commission. FISCAL EFFECTS:Funding has been approved in the FY25 Biennium Budget as project STR71 (FY26) for $1,136,100, STR75 (FY26) for $120,000, and STR90 (FY26) for $819,200. STR71 will be appropriated with approval of the FY26 Budget. This project will be paid from from the Street Maintenance fund and Gas Tax Allocation. The contract documents specify that work may not begin until after July 1, 2025. Attachments: 5 Bid - 2025 Street Improvements Project.pdf Notice of AWARD - 2025 Street Maintenance Project.docx Report compiled on: March 20, 2025 6 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: CK May 35949 Yes Yes $2,008,745.50 Knife River - Belgrade 10089 Yes Yes $2,158,839.00 High Country Paving 54165 Yes Yes $1,928,974.20 Hoffman's R&M Services 204059 Yes Yes $1,967,015.03 Treasure State Inc 157069 Yes Yes $2,217,182.54 Mike Maas Kellen Gamradt City Clerk Engineer II 2025 Street Improvements Project These bids were opened and read before the undersigned at 2:00 pm on Thursday, March 20, 2025 Docusign Envelope ID: 144D6A0F-9A89-4664-BC57-492AF8AC3689 7160 NOTICE OF AWARD Dated: __________________________ TO: High Country Paving, Inc ADDRESS: 5200 Thorpe Road, Belgrade, MT 59714 PROJECT: City of Bozeman 2025 Street Improvements CONTRACT FOR: Schedules 1, 2, 3, 4, Miscellaneous Work You are notified that your Bid dated March 20 th, 2025, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for pavement cold milling, hot mix overlays, friction seal, Concrete Improvements, and pavement markings. The Contract Price of your Contract is:one million nine hundred twenty eight thousand nine hundred seventy four and 20/100 Dollars ($1,928,974.20). Three copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by _______ . 1.You must deliver to the OWNER 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 (page 7), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC-5.02). 3.List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04). 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, MONTANA ATTEST: BY: __________________________________BY: ____________________________ (CITY MANAGER)(CITY CLERK) DATE: _______________________________ 8 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Baker Tilly for Municipal Advisory Services MEETING DATE:April 8, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve the authorization of the City Manager to sign a professional services agreement with Baker Tilly for municipal advisory services. 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:Various laws and regulations require continuing disclosure for many of the outstanding debt obligations of the City. These regulations and reporting requirements regularly change and have become increasingly complex. The municipal advisor (MA) the city has contracted with for assistance with debt issues, as recommended as a best practice by the Government Finance Officers Association, has the expertise to ensure the City meets the continuing disclosure requirements accurately and timely. In addition, the City uses this MA to assist General Obligation bond issues. The City is seeking to secure lease purchase financing for various projects and the MA will assist in the submitting, negotiating, and completing this financing arrangement with JP Morgan. The MA's expertise in these matters, which can be time consuming, increase the efficiency of the Finance departments efforts in managing debt. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:Continuing disclosure services includes an annual filing fee of $1,300 and $200 per bond issue. Fees for assistance in securing the lease purchase financing will be $22,000. These MA services are included in the Finance department operating budget or will be paid upon issuance of the debt from proceeds received. Attachments: Professional Services Agreement - Bozeman - Baker Tilly.pdf 9 Report compiled on: March 26, 2025 10 Professional Services Agreement – Baker Tilly Page 1 of 17 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Baker Tilly Advisory Group, LP and its affiliates, 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: It is anticipated that projects undertaken in accordance with this Agreement will be at the request of the City. The scope of services, additional terms and associated fee for individual engagements will be contained in a Scope Appendix or Appendices to this Agreement. Authorization to provide services will commence upon execution and return of this Agreement and one or more Appendices. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the _____ day of ______________, 202_, 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 each 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 each Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in each Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations and Warranties: To induce City to enter into this 11 Professional Services Agreement – Baker Tilly Page 2 of 17 Agreement, Contractor makes the following representations and warranties: 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 the services required by this Agreement shall be performed in accordance with generally accepted industry standards of care and competence; 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. This section includes the Contractor's only warranty concerning the services and any Deliverable, and is made expressly in lieu of all other warranties and representations, express or implied, including any implied warranties of merchantability, accuracy, title, noninfringement or fitness for a particular purpose or otherwise. 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. Though the services may include Contractor’s advice or recommendations, all decisions regarding the implementation of such advice or recommendations shall be the responsibility of, and made by, the City. 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) an insurance certificate 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 12 Professional Services Agreement – Baker Tilly Page 3 of 17 reimbursement from City, steps to promptly 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. 7. Indemnity/Waiver of Claims and Limitation on Damages/Insurance: For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent such third party claim is finally determined to be caused by the gross negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Notwithstanding the foregoing, City hereby releases Contractor, its subsidiaries and their present or former partners, principals, employees, officers and agents from, and acknowledges that such parties shall not be required to indemnify City against, any costs, fees, expenses, damages and liabilities (including attorneys’ fees and all defense costs) relating to or arising as a result of the acts or omissions of City. Furthermore, because of the importance of the information that City provides to Contractor with respect to Contractor’s ability to perform the services, City hereby releases Contractor and its present and former partners, principals, agents and employees from any liability, damages, fees, expenses and costs, including attorney's fees, relating to the services that arise from or relate to any information, including representations by management, provided by City, its personnel or agents, that is not complete, accurate or current. 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 13 Professional Services Agreement – Baker Tilly Page 4 of 17 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. To the extent allowed under applicable law, the aggregate liability (including attorney’s fees and all other costs) of either party and its present or former partners, principals, agents or employees to the other party related to the services performed under this Agreement shall not exceed the fees paid to Contractor under this Agreement to which the claim relates, except to the extent finally determined to have resulted from the gross negligence, willful misconduct or fraudulent behavior of the at-fault party. Additionally, in no event shall either party be liable for any lost profits, lost business opportunity, lost data, consequential, special, incidental, exemplary or punitive damages, delays or interruptions arising out of or related to this Agreement even if the other party has been advised of the possibility of such damages. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement. The terms of this section shall apply regardless of the nature of any claim asserted (including, but not limited to, contract, tort or any form of negligence, whether of City, Contractor or others), but these terms shall not apply to the extent finally determined to be contrary to the applicable law or regulation. These terms shall also continue to apply after any termination of this Agreement. You accept and acknowledge that any legal proceedings arising from or in conjunction with the services provided under this Agreement must be commenced within eighteen (18) months after the performance of the services for which the action is brought, without consideration as to the time of discovery of any claim. These obligations shall survive termination of this Agreement and the services performed hereunder. 14 Professional Services Agreement – Baker Tilly Page 5 of 17 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 combined single limit property damage/bodily injury ; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and Contractor shall provide a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within five (5) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due 15 Professional Services Agreement – Baker Tilly Page 6 of 17 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 a Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall promptly 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 promptly cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any 16 Professional Services Agreement – Baker Tilly Page 7 of 17 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 180 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 Melissa Hodnett 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 Steven Scharff 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 17 Professional Services Agreement – Baker Tilly Page 8 of 17 when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). 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. 18 Professional Services Agreement – Baker Tilly Page 9 of 17 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 any applicable U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term 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 seek reasonable 19 Professional Services Agreement – Baker Tilly Page 10 of 17 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. THE PARTIES EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH THIS AGREEMENT OR THE RELATIONSHIP ESTABLISHED HEREUNDER. 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. 20 Professional Services Agreement – Baker Tilly Page 11 of 17 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 __________________________. 32. Ownership of Deliverables: Subject to Contractor’s rights in Contractor’s Knowledge (as defined below) or unless otherwise set forth to the contrary in an applicable statement of work, the Contractor shall deliver, assign, transfer and convey to City all rights including, but not limited to, intellectual property rights (patents, trademarks, copyrights, and trade secrets) title, and interest to all documents, data, materials, programming, processes, studies, reports, surveys, proposals, plans, codes, scientific information, technological information, regulations, maps, equipment, charts, schedules, photographs, exhibits, software, software source code, documentation, services furnished hereunder, and other materials and property prepared, provided or developed under this Agreement ("Deliverables"). Notwithstanding the foregoing, Contractor will maintain all ownership right, title and interest to all of Contractor’s Knowledge. For purposes of this Agreement “Contractor’s Knowledge” means Contractor’s proprietary programs, modules, products, inventions, designs, data, or other information, including all copyright, patent, trademark and other intellectual property rights related thereto, that are (1) owned or developed by Contractor prior to the Effective Date of this Agreement (“Contractor’s Preexisting Knowledge”) (2) developed or obtained by Contractor after the Effective Date, including during the course of providing services under this Agreement, but: (i) which are developed or obtained 21 Professional Services Agreement – Baker Tilly Page 12 of 17 without using City’s confidential information, or (ii) which City has not paid for such development; and (3) extensions, enhancements, or modifications of Contractor’s Preexisting Knowledge which do not include or incorporate City’s confidential information. To the extent that any Contractor Knowledge is incorporated into the Deliverables, Contractor grants to City a non-exclusive, paid up, perpetual royalty- free worldwide license to use such Contractor Knowledge in connection with the Deliverables, and for no other purpose without the prior written consent of Contractor. The documentation for this engagement, including the workpapers, is not part of the Deliverables, is the property of Contractor and constitutes confidential information. Contractor may have a responsibility to retain the documentation for a period of time sufficient to satisfy any applicable legal or regulatory requirements for records retention. Contractor does not retain any original client records; so Contractor will return such records to City at the completion of the services rendered under this Agreement. When such records are returned to City, it is City’s responsibility to retain and protect its accounting and other business records for future use, including potential review by any government or other regulatory agencies. By City’s signature below, City acknowledges and agrees that, upon the expiration of the documentation retention period, Contractor shall be free to destroy its workpapers related to this engagement. If Contractor is required by law, regulation or professional standards to make certain documentation available to regulators, City hereby authorizes Contractor to do so. 33. Acceptance: City shall accept Deliverables which (i) substantially conform to the specifications in the applicable Scope Appendix or (ii) where applicable, successfully complete the mutually agreed to acceptance test plan described in the applicable Scope Appendix. City will promptly give Contractor written notification of any nonconformance of the Deliverables with such requirements (Nonconformance) within thirty (30) days following delivery of such Deliverables, and Contractor shall have a reasonable period of time, based on the severity and complexity of the Nonconformance, to correct the Nonconformance so that the Deliverables substantially conform to the specifications. If City uses the Deliverable before acceptance, fails to promptly notify Contractor of any Nonconformance within such 30-day period, or delays the beginning of acceptance testing more than five (5) business days past the agreed upon date for the start of such acceptance testing as specified or otherwise determined under the Statement of Work, then the Deliverable shall be deemed irrevocably accepted by City. 34. Confidentiality: With respect to any information supplied in connection with this Agreement that is designated by the disclosing party (the Disclosing Party) as “Confidential Information” either by marking it as “confidential” prior to disclosure to the receiving party (the Recipient) or, if such information is disclosed orally or by inspection, then by indicating to the Recipient that the information is confidential at the time of disclosure and confirming in writing to the Recipient, the confidential nature of the information within ten (10) business days of such disclosure, the Recipient agrees to: (i) protect the Confidential Information in the same manner in which it protects its confidential information 22 Professional Services Agreement – Baker Tilly Page 13 of 17 of like importance, but in no case using less than reasonable care; (ii) use the Confidential Information only to perform its obligations under this Agreement; and (iii) reproduce Confidential Information only as required to perform its obligations under this Agreement. This section shall not apply to information which is (A) publicly known, (B) already known to the recipient; (C) disclosed to a third party without restriction; (D) independently developed; or (E) disclosed or subject to disclosure pursuant to legal requirement or order, or as is required by regulations or professional standards governing the Services performed. Subject to the foregoing, Contractor may disclose City’s Confidential Information to its subcontractors and subsidiaries. 35. Data Privacy and Security: To the extent the Services require Contractor to receive personal data or personal information from City, Contractor may process, and engage subcontractors to assist with processing, any personal data or personal information, as those terms are defined in applicable privacy laws. Contractor’s processing shall be in accordance with the requirements of the applicable privacy laws relevant to the processing in providing services hereunder, including services performed to meet the business purposes of the City, such as Contractor’s tax, advisory, and other consulting services. Applicable privacy laws may include any local, state, federal or international laws, standards, guidelines, policies or regulations governing the collection, use, disclosure, sharing or other processing of personal data or personal information with which Contractor or its clients must comply. Such privacy laws may include (i) the EU General Data Protection Regulation 2016/679 (GDPR); (ii) the California Consumer Privacy Act of 2018 (CCPA); and/or (iii) other laws regulating marketing communications, requiring security breach notification, imposing minimum security requirements, requiring the secure disposal of records, and other similar requirements applicable to the processing of personal data or personal information. Contractor is acting as a Service Provider/Data Processor, as those terms are defined respectively under the CCPA/GDPR, in relation to City personal data and personal information. As a Service Provider/Data Processor processing personal data or personal information on behalf of City, Contractor shall, unless otherwise permitted by applicable privacy law, (a) follow City instructions; (b) not sell personal data or personal information collected from the City or share the personal data or personal information for purposes of targeted advertising; (c) process personal data or personal information solely for purposes related to the City’s engagement and not for Contractor’s own commercial purposes; and (d) cooperate with and provide reasonable assistance to City to ensure compliance with applicable privacy laws. City is responsible for notifying Contractor of any applicable privacy laws the personal data or personal information provided to Contractor is subject to, and City represents and warrants it has all necessary authority (including any legally required consent from individuals) to transfer such information and authorize Contractor to process such information in connection with the Services described herein. City further understands Baker Tilly US, LLP and Baker Tilly Advisory Group, LP may co-process City data as necessary to perform the Services, pursuant to the alternative practice structure in place between the two entities. Contractor is responsible for notifying City if Contractor becomes aware that it can no longer comply with any applicable privacy law and, upon such notice, shall permit City to take reasonable and appropriate steps to remediate personal data or personal information processing. 23 Professional Services Agreement – Baker Tilly Page 14 of 17 City agrees that Contractor has the right to utilize City data to improve internal processes and procedures and to generate aggregated/de-identified data from the data provided by City to be used for Contractor business purposes and with the outputs owned by Contractor. For clarity, Contractor will only disclose aggregated/de-identified data in a form that does not identify City, City employees, or any other individual or business entity and that is stripped of all persistent identifiers. City is not responsible for Contractor’s use of aggregated/de-identified data. Contractor has established information security related operational requirements that support the achievement of our information security commitments, relevant information security related laws and regulations, and other information security related system requirements. Such requirements are communicated in Contractor’s policies and procedures, system design documentation, and contracts with customers. Information security policies have been implemented that define our approach to how systems and data are protected. City is responsible for providing timely written notification to Contractor of any additions, changes or removals of access for City personnel to Contractor provided systems or applications. If City becomes aware of any known or suspected information security or privacy related incidents or breaches related to this Agreement, City should timely notify Contractor via email at dataprotectionofficer@bakertilly.com. Contractor and City recognize that in performing the Services, Contractor may receive, or otherwise have access to Protected Health Information ("PHI") and thereby become a Business Associate of City (all as defined in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (45 C.F.R. Parts 160-64) ("HIPAA")). In such event, the parties shall protect PHI in accordance with the form of a HIPAA Business Associate Addendum. Contractor and City each agree to comply with the terms and conditions of the HIPAA Business Associate Agreement once executed, as well as federal and state health information confidentiality laws and regulations to the extent required, including but not limited to the requirements of the Standards for Privacy of Individually Identifiable Health Information published at 45 CFR parts 160 and 164. 36. Conflict Disclosure Applicable to Municipal Advisory Services: Legal or Disciplinary Disclosure. Baker Tilly Municipal Advisors (BTMA) is required to disclose to the SEC information regarding criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation involving BTMA. Pursuant to MSRB Rule G-42, BTMA is required to disclose any legal or disciplinary event that is material to the City's evaluation of BTMA or the integrity of its management or advisory personnel. There are no criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations or civil litigation involving BTMA. Copies of BTMA filings with the SEC can currently be found by accessing the SEC's EDGAR system Company Search Page which is currently available at 24 Professional Services Agreement – Baker Tilly Page 15 of 17 https://www.sec.gov/edgar/searchedgar/companysearch.html and searching for either Baker Tilly Municipal Advisors, LLC or for our CIK number which is 0001616995. The MSRB has made available on its website (www.msrb.org) a municipal advisory client brochure that describes the protections that may be provided by MSRB rules and how to file a complaint with the appropriate regulatory authority. Contingent Fee. The fees to be paid by the City to BTMA are or may be based on the size of the transaction and partially contingent on the successful closing of the transaction. Although this form of compensation may be customary in the municipal securities market, it presents a conflict because BTMA may have an incentive to recommend unnecessary financings, larger financings or financings that are disadvantageous to the City. For example, when facts or circumstances arise that could cause a financing or other transaction to be delayed or fail to close, BTMA may have an incentive to discourage a full consideration of such facts and circumstances, or to discourage consideration of alternatives that may result in the cancellation of the financing or other transaction. Hourly Fee Arrangements. Under an hourly fee form of compensation, BTMA will be paid an amount equal to the number of hours worked multiplied by an agreed upon billing rate. This form of compensation presents a potential conflict of interest if BTMA and the City do not agree on a maximum fee under the applicable Appendix to this Engagement Letter because BTMA will not have a financial incentive to recommend alternatives that would result in fewer hours worked. In addition, hourly fees are typically payable by the City whether or not the financing transaction closes. Fixed Fee Arrangements. The fees to be paid by the City to BTMA may be in a fixed amount established at the outset of the service. The amount is usually based upon an analysis by City and BTMA of, among other things, the expected duration and complexity of the transaction and the work documented in the Scope Appendix to be performed by Contractor. This form of compensation presents a potential conflict of interest because, if the transaction requires more work than originally contemplated, Contractor may suffer a loss. Thus, Contractor may recommend less time-consuming alternatives, or fail to do a thorough analysis of alternatives. BTMA manages and mitigates conflicts related to fees and/or other services provided primarily through clarity in the fee to be charged and scope of work to be undertaken and by adherence to MSRB Rules including, but not limited to, the fiduciary duty which it owes to the City requiring BTMA to put the interests of the City ahead of its own and BTMA's duty to deal fairly with all persons in its municipal advisory activities. To the extent any additional material conflicts of interest have been identified specific to a scope of work the conflict will be identified in the respective Scope Appendix. Material conflicts of interest that arise after the date of a Scope Appendix will be provided to the City in writing at that time. 25 Professional Services Agreement – Baker Tilly Page 16 of 17 37. Contractor Entity: Baker Tilly US, LLP and Baker Tilly Advisory Group, LP and its subsidiary entities provide professional services through an alternative practice structure in accordance with the AICPA Code of Professional Conduct and applicable laws, regulations and professional standards. Baker Tilly US, LLP is a licensed independent CPA firm that provides attest services to clients. Baker Tilly Advisory Group, LP and its subsidiary entities provide tax and business advisory services to their clients. Baker Tilly Advisory Group, LP and its subsidiary entities are not licensed CPA firms. Baker Tilly Advisory Group, LP and its subsidiaries and Baker Tilly US, LLP are independent members of Baker Tilly International. Baker Tilly International Limited is an English company. Baker Tilly International provides no professional services to clients. Each member firm is a separate and independent legal entity, and each describes itself as such. Baker Tilly Advisory Group, LP and Baker Tilly US, LLP are not Baker Tilly International's agents and do not have the authority to bind Baker Tilly International or act on Baker Tilly International's behalf. None of Baker Tilly International, Baker Tilly Advisory Group, LP, Baker Tilly US, LLP, nor any of the other member firms of Baker Tilly International has any liability for each other's acts or omissions. The name Baker Tilly and its associated logo is used under license from Baker Tilly International Limited 38. Affiliated Entities: Baker Tilly Investment Services, LLC (BTIS), a U.S. Securities and Exchange Commission (SEC) registered investment adviser, may provide services to the City in connection with the investment of proceeds from an issuance of securities. In such instances, services will be provided under a separate engagement, for an additional fee. Notwithstanding the foregoing, Baker Tilly may act as solicitor for and recommend the use of BTIS, but the City shall be under no obligation to retain BTIS or to otherwise utilize BTIS relative to City’s investments. The fees paid with respect to investment services are typically based in part on the size of the issuance proceeds and Baker Tilly may have incentive to recommend larger financings than would be in the City’s best interest. Baker Tilly will manage and mitigate this potential conflict of interest by this disclosure of the affiliated entity's relationship, a Solicitation Disclosure Statement when City retains BTIS's services and adherence to Baker Tilly's fiduciary duty and/or fair dealing obligations to the City. Baker Tilly Capital, LLC (BTC) Baker Tilly Capital, LLC (BTC) is a limited-service broker- dealer specializing in merger and acquisition, capital sourcing, project finance and corporate finance advisory services. BTC does not participate in any municipal offerings advised on by its affiliate Baker Tilly Municipal Advisors. Any services provided to City by BTC would be done so under a separate engagement for an additional fee. Baker Tilly Municipal Advisors (BTMA) is registered as a "municipal advisor" pursuant to Section 15B of the Securities Exchange Act and rules and regulations adopted by the SEC and the Municipal Securities Rulemaking Board (MSRB). As such, BTMA may provide certain specific municipal advisory services to the City. BTMA is neither a placement agent to the City nor a broker/dealer. The offer and sale of any Bonds is made by the City, in the sole discretion of the City, 26 Professional Services Agreement – Baker Tilly Page 17 of 17 and under its control and supervision. The City acknowledges that BTMA does not undertake to sell or attempt to sell bonds or other debt obligations and will not take part in the sale thereof. **** 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 _Baker Tilly Advisory Group, LP__________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: Elizabeth Bergman Print Title: Principal_________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 27 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Assistant City Manager David Arnado - Facilities Superintendent Shane Miller - Facilities Project Coordinator SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with Cushing Terrell for Bogert Pool Renovation Design Services. MEETING DATE:April 8, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Service Agreement with Cushing Terrell for Bogert Pool Renovation Design Services. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On November 2nd, 2021, the voters of the City of Bozeman approved a bond to fund the renovation of several public recreation facilities, including the Bogert Outdoor Pool. The pool, located at 303 South Church Avenue, was built in 1938 and designed by Fred F. Willson and was extensively remodeled in the 1970s. Bogert Pool has a 25-yard pool and a shallow pool for children. The deep pool has a climbing wall, zip line, and small slide. The shallow pool has a slide for small children. The Bogert Pool Renovation project is to include but is not limited to structural repairs to pool, replacement of gutter drain system replacement of pool plaster, replacement of pool coping, replacement of CMU perimeter wall w/ fence, repair of concrete pool deck, repair of underground plumbing, and replacement of pool filter equipment. For this project the City Commission has authorized the use of the General Contractor / Construction Manager delivery method. With this method a General Contractor is selected before the completed design of the project, and will work alongside the project's Architects and Engineers to support assessing and developing construction plans and methods. This results in an alignment between the Architect and General Contractor which often results in fewer change orders or cost deviations, as well as an accelerated construction timeline compared to traditional delivery methods. On November 6, 2024, the City published a Request for Qualifications for Engineering and Architectural services for this project. Statements of Qualifications received in response to this RFQ were evaluated by the 28 project's selection committee, and Cushing Terrell was selected as the most qualified respondent. Cushing Terrell was subsequently sent a Request for Proposal for a pre-project Building Assessment. Given the significant age and deteriorated condition of Bogert Pool, this assessment will evaluate project feasibility and evaluate means and methods of renovating the pool in conjunction with our selected General Contractor / Construction Manager, Jackson Contractor Group. Following the completion of the assessment, Cushing Terrell will develop a price proposal for full project design including architectural and engineering services which will be submitted as an amendment to this agreement. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Funds are allocated into the approved City of Bozeman Bogert Pool Renovation Budget from the 2021 bond measure. Contract = $66,700.00 Attachments: Bogert Contract with Cushing Terrell Final Draft 3.26.25.pdf Report compiled on: February 25, 2025 29 Agreement for Design Services for Bogert Pool Phase I (1967535924) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document does not contain a description of the Architect’s scope of Services and related terms. This document is intended to be used in conjunction with AIA Document B221™–2018, Service Order for use with Master Agreement Between Owner and Architect ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the « » day of « » in the year 2025 (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) City of Bozeman 121 N. Rouse Ave. Bozeman, Montana 59771 and the Architect: (Name, legal status, address, and other information) CTA, Inc. (d/b/a Cushing Terrell) PO Box 1439 (Payments only – PO Box 30071, Billings, MT 59107 Billings, MT 59103 The Owner and Architect agree as follows. 30 (1967535924) 2 TABLE OF ARTICLES 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES 2 SERVICE ORDERS 3 ARCHITECT’S RESPONSIBILITIES 4 ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COPYRIGHTS AND LICENSES 7 CLAIMS AND DISPUTES 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS 9 COMPENSATION 10 MISCELLANEOUS PROVISIONS 11 SPECIAL TERMS AND CONDITIONS 12 SCOPE OF THIS MASTER AGREEMENT ARTICLE 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES § 1.1 This Master Agreement shall be effective for one year after the date first written above (“Date of this Master Agreement”). § 1.2 This Master Agreement shall apply to all Service Orders agreed to by the Parties within the term of this Master Agreement until completion of the Service Order. In the event of a conflict between terms and conditions of this Master Agreement and a Service Order, the terms of the Service Order shall take precedence for the services provided pursuant to the Service Order. An agreed upon Service Order together with this Master Agreement form a Service Agreement. A Service Agreement represents the entire and integrated agreement between the parties, and supersedes prior negotiations, representations, or agreements, either written or oral. A Service Agreement may be amended or modified only in writing signed by the parties. § 1.3 This Master Agreement will renew on an annual basis, on the day and month of the Date of this Master Agreement, unless either party provides notice of their intent not to renew this Master Agreement. Notice must be provided at least 60 days prior to the renewal date. In the event either party elects not to renew this Master Agreement, the terms of this Master Agreement shall remain applicable until all Service Orders under this Master Agreement are completed or terminated. § 1.4 The Owner identifies the following representative authorized to act on the Owner’s behalf with respect to this Master Agreement: Shane Miller, Project Coordinator 121 N. Rouse Ave. Bozeman, Montana 59771 smiller@bozeman.net 406-577-7425 § 1.4.1 In each Service Order, the Owner will identify a representative authorized to act on the Owner’s behalf with respect to the Service Order. § 1.5 The Architect identifies the following representative authorized to act on the Architect’s behalf with respect to this Master Agreement: 31 (1967535924) 3 Sky Cook, AIA, NCARB Project Manager, Cushing Terrell skycook@cushingterrell.com 406-922-7129 § 1.5.1 In each Service Order, the Architect will identify a representative authorized to act on behalf of the Architect with respect to the Service Order. 1.6 Architect understands that Owner has a separate contract with a GC/CM in order to complete the Work set forth in the Scope of Services. Architect agrees to communicate and coordinate with GC/CM and Owner in order to complete the Work. § 1.6 Nothing contained in this Master Agreement or in a Service Order shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. ARTICLE 2 SERVICE ORDERS § 2.1 The Owner is not required to issue any Service Orders under this Master Agreement. § 2.2 The Architect may decline to accept any Service Order issued by the Owner. § 2.3 The Architect shall perform the services set forth in each agreed upon Service Order, consisting of AIA Document B221-2018, Service Order, or such other document as the Owner and Architect may mutually agree upon. Each Service Order shall state the name, location, and detailed description of the Project; describe the Architect’s Services; state the Architect’s compensation; and list the attachments and exhibits incorporated by reference. ARTICLE 3 ARCHITECT’S RESPONSIBILITIES § 3.1 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the services provided pursuant to a Service Agreement. § 3.2 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Master Agreement or any Service Agreement. § 3.3 The Architect shall maintain the following insurance until termination of this Master Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 9.4. The Owner shall be endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability, and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. Upon request by the Owner, the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3. The insurance requirements of this Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order, provided Architect and Owner may mutually agree in writing to different coverage limits for Architect’s consultants. .1 Commercial General Liability With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage.» 32 (1967535924) 4 .2 Automobile Liability Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage per claim, and no less than Two Million Dollars ($2,000,000) annual aggregate. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage.» .3 Workers’ Compensation and Employers Liability Workers’ Compensation at statutory limits and Employers Liability with policy limits of not less than Two Million Dollars ($2,000,000.00) per occurrence. .4 Professional Liability With policy limits of not less than Two Million Dollars ($2,000,000.00) per claim, Three Million Dollars ($3,000,000.00) in the aggregate» § 3.4 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants, including any GC/CM. The Architect shall be entitled to rely on the accuracy and completeness of the services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.5 The Architect shall not be responsible for an Owner’s directive or substitution made without the Architect’s approval. § 3.6 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, including the GC/CM, and report progress to the Owner. § 3.7 As soon as practicable after the date of this Service Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. § 3.8 As soon as practicable after award of the Service Agreement, the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order. The Owner may reply within 14 days to the Architect in writing stating (1) whether the Owner has reasonable objection to any such proposed consultant or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. § 3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner and GC/CM of any proposed substitution a minimum of ten (10) days prior to a proposed change. ARTICLE 4 ADDITIONAL SERVICES § 4.1 The Architect may provide Additional Services after execution of a Service Agreement without invalidating the Service Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.1 shall entitle the Architect to compensation pursuant to Section 9.3. § 4.2 Unless otherwise provided in a Service Order, upon recognizing the need to perform the following Additional Services, as they relate to the services provided pursuant to the Service Order, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; 33 (1967535924) 5 .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .6 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; or .7 Consultation concerning replacement of Work resulting from fire or other cause during construction. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 The Owner shall provide information in a timely manner regarding requirements for and limitations of each Service Order. § 5.2 The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.4 The Owner shall furnish all legal, insurance, and accounting services, including auditing services, that may be reasonably necessary at any time to meet the Owner’s needs and interests under a Service Agreement. § 5.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the services or work related to a Service Agreement, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. ARTICLE 6 COPYRIGHTS AND LICENSES § 6.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use in relation to a Service Agreement. § 6.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with a Service Agreement is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 6.3 The Architect grants to the Owner an irrevocable, perpetual, fully paid, nonexclusive license to use the Architect’s Instruments of Service, provided that the Owner substantially performs its obligations to promptly pay all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 10.9. § 6.4 Except for the licenses granted in this Article 6, no other license or right shall be deemed granted or implied under this Master Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any 34 (1967535924) 6 license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 6.5 Except as otherwise stated in Section 6.3, the provisions of this Article 6 shall survive the termination of this Master Agreement. ARTICLE 7 CLAIMS AND DISPUTES § 7.1 General § 7.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to any Service Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Master Agreement and within the period specified by applicable law. Completion of the services pursuant to a specific Service Agreement shall be the date of Substantial Completion of construction related to the services performed pursuant to the Service Agreement or, where there is no construction work related to a Service Agreement, the date the Architect completes its services under the Service Agreement. § 7.1.2 Pending final resolution of any controversy, claim, or dispute arising out of the Service Agreement, except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the Owner shall continue to make payments in accordance with the Service Agreement. § 7.2 Mediation § 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to litigation in a court of competent jurisdiction. § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process, payment to DRB members, and whether the decision or findings of the DRB will be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a neutral third party mediator in accordance with American Arbitration Association procedures in effect on the date the claim is made in lieu of a DRB. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorneys’ fees, expert witnesses’ fees, costs and expenses in the mediation. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 7.4 The provisions of this Article 7 shall survive the termination of a Service Agreement. ARTICLE 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services. § 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services. 35 (1967535924) 7 § 8.3 If the Owner suspends the services under a Service Agreement for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate the Service Agreement by giving not less than seven days’ written notice. § 8.4 Either party may terminate a Service Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of the Service Agreement, through no fault of the party initiating the termination. Termination of a Service Agreement under this Section 8.4 shall not be deemed a termination of other Service Agreements under this Master Agreement. § 8.5 The Owner may terminate a Service Agreement, upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. § 8.7 The Owner’s rights to use the Architect’s Instruments of Service in the event of termination of a Service Agreement are set forth in Article 6 and Section 9.5 of this Master Agreement. ARTICLE 9 COMPENSATION § 9.1 The Owner shall compensate the Architect for the services described in a Service Order pursuant to the Service Order and as set forth in this Article 9. § 9.2 Except as otherwise set forth in a Service Order, the compensation for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates may be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices provided Owner consents to such adjustment in writing. Employee or Category Fee(s) CT Arch/PM Fee $17,400 CT Mech/Plumb Fee $12,300 CT Elec Fee $6,500 IMEG Structural Fee $9,000 ADG Fee $11,400 CT Civil Fee $4,300 CT Landscape Fee $5,800 TOTAL FOR ASSESSMENT PHASE $66,700 § 9.3 Except as otherwise set forth in a Service Order, the Owner shall compensate the Architect for Additional Services designated in Article 4 as follows: As set forth in the applicable Service Order. § 9.4 Compensation for Reimbursable Expenses § 9.4.1 Unless otherwise indicated on the Service Order, Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include the actual expenses incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Permitting and other fees required by authorities having jurisdiction over the Project; .3 Printing, reproductions, plots, and standard form documents; .4 Postage, handling, and delivery; .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; and .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the 36 (1967535924) 8 Architect’s consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement. § 9.4.2 Reimbursable Expenses will be allocated to each Service Agreement. § 9.5 Payments to the Architect § 9.5.1 Progress Payments § 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. § 9.5.1.2 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 Each Service Agreement shall be governed by the law of the State of Montana, and any City of Bozeman municipal ordinance. § 10.2 Notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other and the GC/CM if applicable. § 10.4 Unless otherwise required in a Service Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.5 The Architect shall have the right to include photographic or artistic representations of the design of the Projects for which services are performed among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Projects to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Projects. This Section 10.6 shall survive the termination of a Service Agreement unless the Owner terminates a Service Agreement for cause pursuant to Section 8.4. § 10.6 If the Architect or Owner receives information specifically designated as “confidential” or “business proprietary,” the receiving party may disclose such information as required by law or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity. The Party receiving such information may also disclose it to its employees, consultants or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.7. § 10.7 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. § 10.8 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. § 10.9 A waiver by either party any default or breach by the other party of any terms or conditions of this Master Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 37 (1967535924) 9 ARTICLE 11 SPECIAL TERMS AND CONDITIONS Special terms and conditions applicable to this Master Agreement are as follows: «§ 11.1 For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold Owner harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by Owner by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Architect or Architect’s consultants, agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Architect or Architect’s consultants, agents or employees. To the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless from any claims, demands, suits, damages, losses and expenses arising from or relating to any claim for violation of intellectual property rights, including without limitation copyright or patent rights arising from or related to the use of any work product provided by Architect or Architect’s consultants, agents or employees. Should Owner be required to bring an action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below Owner shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Architect was obligated to defend the claim(s) or was obligated to indemnify Owner for a claim(s) or any portion(s) thereof. The obligations of this Section 11.1 shall survive termination of this Master Agreement. § 11.2 In the event it becomes necessary for Owner or Architect retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. § 11.3 The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. In order to satisfy City of Bozeman policy the Architect will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Architect shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. ARTICLE 12 SCOPE OF THIS MASTER AGREEMENT § 12.1 This Master Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Master Agreement may be amended only by written instrument signed by both the Owner and Architect. § 12.2 This Master Agreement is comprised of the following documents identified below: .1 AIA Document B121™–2014, Standard Form of Master Agreement Between Owner and Architect .2 Exhibits: Exhibit A – Cushing Terrell Engineering & Architectural Assessment Phase Proposal This Master Agreement entered into as of the day and year first written above. 38 (1967535924) 10 OWNER (Signature) ARCHITECT (Signature) Chuck Winn, Interim City Manager Alex Russell, Associate Principal (Printed name, title, and license number, if required) 39 Memorandum REPORT TO:City Commission FROM:Matt Workman - Assistant Street Superintendent SUBJECT:Authorize the City Manager to sign an Addendum to the Professional Services Agreement with Sprout, Inc. Land & Hardscaping for Median and Grounds Maintenance Services MEETING DATE:April 8, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an Addendum to the Professional Services Agreement with Sprout, Inc. Land & Hardscaping for median and grounds maintenance services for City maintained medians and City owned property at 814 North Bozeman (City Shops), 2245 Springhill Road (Water Reclamation Facility), 1812 North Rouse Avenue (Vehicle Maintenance), the Green Sand Shed on East Griffin, etc. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman entered into a one-year contract with Sprout, Inc. Land & Hardscaping on April 13, 2021 for median and grounds maintenance services. Section 31 of the Professional Services Agreement allows for extension of the contract not to exceed five (5) years. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The Street Division budgeted $88,400 in FY25 and $97,300 in FY26 (STR30) for combined median maintenance and irrigation services. Cost of service will not exceed budget. Attachments: 2025 Fourth Addendum to Median & Grounds Maintenance PSA 2025 Exhibit B - Location Specific Scope of Services City Maintenance Proposal 2025 Report compiled on: March 18, 2025 40 Fourth Addendum to Professional Services Agreement for Median and Grounds Maintenance FY 2025 – FY 2026 Page 1 of 2 FOURTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THIS FOURTH ADDENDUM TO THE PROFESSIONAL SERVICES 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,” Sprout, Inc. Land & Hardscaping, 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 as follows: 1. Extension of Term. Section 31 of the Professional Services Agreement between the City and Contractor dated April 13, 2021 (the Agreement) is extended for an additional one (1) year period. The Agreement shall terminate on April 13, 2026. 2. Addition still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 41 Fourth Addendum to Professional Services Agreement for Median and Grounds Maintenance 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 CONTRACTOR (Sprout, Inc.) By________________________________ By_____________________________ Chuck Winn, Acting City Manager Scott Urban, Owner APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 42 EXHIBIT B: LOCATION SPECIFIC SCOPE OF SERVICES LOCATION: ADDRESS: MOWING FREQUENCY: TRIMMING FREQUENCY: SPRAYING FREQUENCY: MISC: GROUNDS City Shops Complex 814 N. Bozeman Ave. 1x/week 1x/week 1x/year Water Reclamation Facility 2245 Springhill Rd. 1x/week 1x/week 1x/year Vehicle Maintenance Shop 1812 N. Rouse Ave. 2x/month 2x/year 1x/year Green Sand Shed E. Griffin Dr. 2x/month 2x/year 1x/year Mowing to occur until the vegetation dies (approx. end of July) Saxon Way Complex The corner of Saxon Way and Laurel Parkway 1x/month mowing 1x/month trimming N/A Garden Maintenance • 2x/month weeding, garbage collection and pinning down irrigation • Spring and fall clean up; light pruning, leaf collection, perennial cut down 43 MEDIANS North 7th Avenue Aspen St. to Villard St. N/A N/A 1x/year pre- emergent herbicide application (early spring) Garden Maintenance ● Bi-weekly weeding, garbage collection and pinning down irrigation ● Spring and fall clean up: light pruning, leaf collection, perennial cut down South 8th Avenue Main St. to College St. 1x/week mowing 2x/month trimming 1x/year South 8th Avenue Dickerson St. to W Alderson St N/A N/A N/A Garden Maintenance ● Bi-weekly weeding, garbage collection and pinning down irrigation ● Spring and fall clean up: light pruning, leaf collection, perennial cut down North 19th Avenue Durston Rd. to Beall St. 1x/week As needed 1x/year 44 North 27th Avenue Oak St. to Baxter Ln. 1x/week on turf grass As needed to maintain native grass medians. Ideally no more than 3x per season. 1x/week on turf grass As needed to maintain native grass medians. Ideally no more than 3x per season. 1x/year grass areas. 1x/year pre- emergent herbicide application (early spring). Garden Maintenance: ● Bi-weekly weeding, garbage collection and pinning down irrigation ● Spring and fall clean up: light pruning, leaf collection, perennial cut down South 27th Avenue Kurk Dr. to Blackwood Rd. 1x/week 1x/month 1x/year The southernmost median just north of Blackwood Rd. is not currently landscaped. Weed removal will be necessary until landscaping occurs. College Street 19th Ave. to Main St. N/A N/A 1x/year pre- emergent herbicide application (early spring) Garden Maintenance: ● Bi-weekly weeding, garbage collection and pinning down irrigation ● Spring and fall clean up: light pruning, leaf collection, perennial cut down Cottonwood Road Between Fallon St. Babcock 1x/week 1x/week 1x/year 45 Cottonwood Road Between Fallon St. and Oak 1x/week 2x/month 1x/year Medians are not irrigated and will only need to be mowed until they become dry. Davis Lane Oak St. to Baxter Ln. As needed As needed n/a Fowler Avenue Huffine Rd. to Garfield St. N/A N/A As needed Other: ● Median currently contains artificial turf but turf will be removed, and median will be landscaped in the near future. Maintenance needs to be determined. Graf Street 19th Ave. to Macnab St. 1x/week 2x/month 1x/year Medians are not irrigated and will only need to be mowed until they become dry. 11th Avenue Graff St. to Opportunity Way 1x/week 2x/month 1x/year Medians are not irrigated and will only need to be mowed until they become dry. Highland Boulevard Hillcrest to Holly Dr. 1x/week As needed 1x/year Medians are not irrigated and will only need to be mowed until they become dry. 46 Kagy Boulevard Willson Ave. to 7th Ave. 1x/week 1x/month 1x/year Kagy Boulevard Highland Blvd. to Willson Ave. 1x/week 1x/month 1x/year Medians are not irrigated and will only need to be mowed until they become dry. Oak Street 27th to New Holland 1x/week 2x/month 1x/year Oak Street New Holland to Abigail Lane As needed As needed 1x/year Medians are not irrigated and will only need to be mowed until they become dry. Valley Center Road 19th Ave. to 27th Ave. 1x/week 1x/month 1x/year Laural Parkway Durston to Debur N/A N/A N/A Garden Maintenance: ● Bi-weekly weeding, garbage collection and pinning down irrigation ● Spring and fall clean up: light pruning, leaf collection, perennial cut down Laural Parkway Babcock to Fallon 1x/week mowing 1x/week mowing N/A Garden Maintenance: ● Bi-weekly weeding, garbage collection and pinning down irrigation ● Spring and fall clean up: light pruning, leaf collection, perennial cut down 47 Roundabouts South 3rd South 3rd Roundabout & associated boulevards 1x/week 2x/month 1x/year Mowing and trimming as needed until dormant in late summer. Graff Street Roundabout at 11th and Graff 1x/week 2x/month 1x/year Mowing and trimming as needed until dormant in late summer. Stucky Stucky & 14th Roundabout N/A N/A 1x/year pre- emergent herbicide application (early spring) Garden Maintenance: ● Bi-weekly weeding, garbage collection and pinning down irrigation ● Spring and fall clean up: light pruning, leaf collection, perennial cut down Stucky Stucky & 17th Roundabout N/A N/A 1x/year pre- emergent herbicide application (early spring) Garden Maintenance: ● Bi-weekly weeding, garbage collection and pinning down irrigation ● Spring and fall clean up: light pruning, leaf collection, perennial cut down Baxter Baxter & Ferguson Roundabout N/A N/A 1x/year pre- emergent herbicide application (early spring) Garden Maintenance: ● Bi-weekly weeding, garbage collection and pinning down irrigation ● Spring and fall clean 48 up: light pruning, leaf collection, perennial cut down Wellness Way Wellness way & Warbler Way Roundabout N/A N/A N/A Garden Maintenance: ● Bi-weekly weeding, garbage collection and pinning down irrigation ● Spring and fall clean up: light pruning, leaf collection, perennial cut down ADDITIONAL MAINTENCE AND SERVICES: ● Spraying of weeds along cracks adjacent to medians where the concrete meets the asphalt. ● Additional medians or boulevards may be added as needed. 49 City of Bozeman Maintenance Proposal: Date: 4/01/2025 Client Name: City of Bozeman, Department of Public Works Bozeman Public Works Contact: Marcy Yeykal Physical Address: 20 E. Olive St. Bozeman, MT 59715 Mailing Address: P.O. Box 1230 Bozeman, MT 59771 Phone: (406) 582-2273 List of Maintenance Sites, Scope of Work and Cost Associated with Each Site: Grounds City Shops Complex, 814 N. Bozeman Ave. Mowing one time per week $84.00 Trimming one time per week $42.00 Weed Spraying one time per year $270.00 Water Reclamation Facility, 2245 Springhill Rd. (7acres): Mowing one time per week $490.00 Trimming one time per week $225.00 Weed Spraying one per year Herbicide only $1632.00 Note: As instructed we will not mow the drainage basins. We will keep a manicured mow line around basins. We are also available clean out basins when/ if needed as we did last year. Vehicle Maintenance shop, 1812 N. Rouse Ave. Mowing two times per month $63.00 Trimming two times per year $141.75 Weed spraying one time per year $120.00 Lower Yards, (Green Sand Shed) E. Griffin Dr. Mowing two times per Month $141.75 Trimming two times per year $47.25 Weed Spraying one time per year $200.50 Note: As instructed we will not mow the drainage basins. We will keep a manicured mow line around basins. We are also available clean out basins when/ if needed. 50 Old Landfill, 2125 N. Rouse Ave. Mowing two times per year: $549.00 Trimming two times per year: $90.00 Weed Spraying one time per year $204.00 Medians Valley Center Road Median, between 19th and 27th: Mowing one time per week $135.00 Trimming one time per month $70.00 Weed Spraying one time per year $256.00 South Cottonwood Road Median, Between Babcock St. & Fallon St. Mowing one time per week $95.00 Trimming one time per month $50.00 Weed Spraying one time per year $234.00 South Cottonwood Road Medians, Between Babcock St. & Oak St. Mowing as needed $395.00 Trimming as needed $168.00 Weed Spraying as needed $936.00 Fowler Avenue Median: Weed spraying as needed $112.00 South 8th Avenue Median, between Main and Harrison: Mowing one time per week $160.00 Trimming two time per month $90.00 Weed Spraying one time per year $163.00 Kagy Boulevard Median, between Wilson and 7th: Mowing one time per week $50.00 Trimming one time per month $25.00 Weed Spraying one time per year $236.00 Kagy Boulevard Median, between Highland and Wilson Mowing one time per week $180.00 Trimming one time per month $80.00 Weed Spraying one time per year $730.00 Highland Boulevard Median, between Hillcrest and Holly Dr. Mowing one time per week $50.00 Trimming as needed $25.00 Weed Spraying one time per year $85.00 Davis Lane between Oak and Baxter Trimming as needed $270.00 51 Oak Street Median, between 25th and New Holland Mowing one time per week $125.00 Trimming two times per month $55.00 Oak Street Median, between 25th and Cottonwood St. Weed Spraying one time per year $2383.00 North 27th Avenue between Oak St. & Baxter Ln. Mowing 3 times per year, per mow price $155.00 Trimming 3 times per year $65.00 Trimming as needed, if trimming down whole median $360.00 Weed Spraying on turf one time per year $295.00 Pre-emergent application in beds $325.00 South 27th Avenue, between Kurk Dr. & Blackwood Rd. Mowing one time per week $75.00 Trimming one time per month $55.00 Weed Spraying one time per year $156.00 North 19th Avenue, between Durston Rd. and Beall St. Mowing one time per week $47.25 Trimming as needed $30.00 Weed Spraying as needed $166.00 Graf Street, 19th Ave to Macnab St. and north on S.11th to Student Dr. Spraying of weeds as needed $945.00 N. 7th Avenue Medians, Aspen St. to Villard St. Spring Clean-up $820.31  Cleaning up trash, cigarette butts and debris left behind from winter plowing  Sweeping off all concrete and getting the pea gravel back into the beds  Checking all irrigation for ant winter damage  General bed clean up including weeding and raking of pea gravel  Evaluation of all plants in bed Monthly Maintenance, two times per month $180.00  Garbage removal  Checking irrigation and pinning down drip lines  Weeding Fall Perennial Cut Back $304.00  Cutting back of all perennials and perennial grasses  Making sure all beds are secure for the winter season Pre-emergent application, one time per year $426.00 52 College St. Medians, 19th to Main St. Spring Clean-up $1216.00  Cleaning up trash, cigarette butts and debris left behind from winter plowing  Sweeping off all concrete and getting the pea gravel back into the beds  Checking all irrigation for any winter damage  General bed clean up including weeding and raking of pea gravel  Evaluation of all plants in bed Monthly Maintenance, two times per month $270.00  Garbage removal  Checking irrigation and pinning down drip lines  Weeding  Fall Perennial Cut Back $228.00  Cutting back of all perennials and perennial grasses  Making sure all beds are secure for the winter season Pre-emergent application, one time per year $504.00 Note: I took the liberty of including a spring clean-up price for both the N. 7th and College Medians. Last year both medians were a mess after the snow melted. The plowing, sanding and garbage debris from 5 months of winter leaves those medians in rough shape. Two hours twice a week in April/ May will not get them back into the shape our standard of quality represents, or to the standards I think the City would like to present. Once initial clean-up is complete, regular maintenance will keep them looking good all season. Hourly Rates: Mowing & trimming $75.00 per person Garden Maintenance: Weed pulling, maintenance of native grasses/ drought tolerant plants $75.00 per person Landscaping services $75.00 per person Landscaping consultation is free when discussing current scope of work and looking at new maintenance accounts. Landscape consulting on non-contracted landscaped areas is $65.00 hr. Spraying of weds along the cracks adjacent to medians where the concrete meets the asphalt. $95.00 flat fee for up to 1000 feet, $.15 each additional foot. Please direct any questions or comments to Scott Urban, Owner/ Project Manager Phone: (406) 581- 6597 Email: sproutinclandscaping@gmail.com . 53 Memorandum REPORT TO:City Commission FROM:Matt Workman - Assistant Street Superintendent SUBJECT:Authorize the City Manager to sign an Addendum to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-Up, Winterization, and Maintenance Services MEETING DATE:April 8, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an Addendum to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-up, Winterization, and Maintenance Services for City Maintained Medians and City Owned Property at 814 North Bozeman (City Shops), 2245 Springhill Road (Water Reclamation Facility), and 5519 Saxon Way. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman entered into a one-year contract with Hydrologistics Irrigation LLC on April 13, 2021 for irrigation services. Section 31 of the Professional Services Agreement allows for extension of the contract not to exceed five (5) years. This addendum is a request from staff to extend this contract for one-year. This extension provides for continuity of work flow and benefit to the City from experience of irrigation systems obtained by Hydrologistics. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The Street Division budgeted $88,400 in FY25 and $97,300 in FY26 (STR30) for combined median maintenance and irrigation services. Attachments: 2025 April Fourth Addendum to Irrigation Maintenance PSA 2025 Hydrologistics - COBS maintenance quote 2025 Scope of Services Report compiled on: March 18, 2025 54 Fourth Addendum to Professional Services Agreement for Hydrologistics Irrigation LLC FY 2025 Page 1 of 2 FOURTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THIS FOURTH ADDENDUM TO THE PROFESSIONAL SERVICES 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 Hydrologistics Irrigation LLC, 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 as follows: 1. Extension of Term. Section 31 of the Professional Services Agreement between the City and Contractor dated April 13, 2021 (the Agreement) is extended for an additional one (1) year period. The Agreement shall terminate on April 13, 2026. 2. Addition still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 55 Fourth Addendum to Professional Services Agreement for Hydrologistics Irrigation LLC 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 CONTRACTOR ) By________________________________ By_____________________________ Chuck Winn, Acting City Manager Josh Proff, Owner (Hydrologistics Irrigation LLC) APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 56 499 Hyalite View Drive Bozeman, MT 59718 josh@hydroli.com 406.570.0814 2025 Quote for Public Works Street Department Irrigation System Maintenance Date: 4.8.2025 City of Bozeman Public Works Contact: Marcy Yeykal Phone/email: 582-2273 / myeykal@bozeman.net Prepared by: Josh Proff TOTAL LUMP SUM BASE PRICE QUOTES for Irrigation Maintenance based on COB request with submittal date 3.19.2025 Spring Start-Up One Thousand Seven Hundred Fifty Dollars and 00 Cents ($1750.00) (Price in Words) Startup systems in the Spring, usually late April to mid May, depending upon the weather. Install backflow protection devices removed during prior year's winterizations. Coordinate with City staff to turn on water to metered systems. Charge/pressure-test systems and run through all zones to inspect for proper operation. Change heads, nozzles, emitters, etc. as needed. Make adjustments to minimize overspray onto walkways and roads. Program controllers for water-efficient/conservation operation; set overhead spray systems to operate between 10pm and 6am; set sub-surface and drip systems to operate between 6am and 12pm. The systems will not be set to the “on” operational position until the plant water requirements need to be supplemented. Miscellaneous Repairs and Maintenance – as needed Ninety Dollars and 00 Cents per hour ($90.00/hour) (Price in Words) Monitor systems for obvious damage and/or leaks. Periodically perform thorough system run-through to check for damage or obstructions. Make adjustments to minimize overspray onto walkways and roads. Reprogram/adjust system controllers for seasonal operation. Fall Winterization Two Thousand Five Hundred Dollars and 00 Cents ($2500.00) (Price in Words) Winterize systems in the Fall, usually end of September to beginning of October, depending on the weather. Coordinate with City staff to turn off water to metered systems. Blow all water out of the systems utilizing a large-capacity air-compressor. Remove backflow assemblies, as-needed, and set other backflow prevention devices to their “winterized” positions. Deactivate irrigation controllers and turn power off to well-water control panels. 57 499 Hyalite View Drive Bozeman, MT 59718 josh@hydroli.com 406.570.0814 Startup/Winterization breakdown: 100/100 City Shops Complex 200/400 Water Reclamation Facility 200/300 Valley Center Road - 19th to 27th 50/50 North Cottonwood Road – Babcock to Fallon 200/300 S. 8th Avenue – Main Street to Harrison 50/50 Kagy Boulevard – Willson Street to 7th 150/300 Oak Street - 27th to Davis 150/300 North 27th - Oak Street to Baxter 50/50 South 27th Avenue – Blackwood to Kurk Drive 200/250 College Street - 19th to Main Street 50/50 North 7th Avenue Medians 200/200 North 7th Boulevards – Mendenhall to Durston 100/100 5th & Aspen Street 50/50 Laurel Parkway – South of Babcock 1750 / 2500 58 SCOPE OF SERVICES The scope of services includes: 1. irrigation system start up, 2. irrigation system winterization, 3. irrigation system maintenance, 4. efficient irrigation system scheduling that meets the needs of plant types in each location throughout the growing season. Seasonal watering schedules shall be approved by COB Water Conservation Division staff. The irrigation systems included in this scope of services are listed below: LOCATION ADDRESS SYSTEM TYPE City Shops Complex 814 N. Bozeman Ave. Overhead spray Water Reclamation Facility 2245 Springhill Rd. Overhead spray Valley Center Road 19th Ave. to 27th Ave. Overhead spray Cottonwood Road Babcock St. to Fallon St. Overhead spray S. 8th Avenue Main St. to College St. Subsurface drip Kagy Boulevard Willson Ave. to 7th Ave. Overhead spray Oak Street Davis Ln. to 27th Ave. Overhead spray N. 27th Avenue Oak St. to Baxter Lane Overhead spray & drip S. 27th Avenue* Blackwood St. to Kurk Dr. Overhead spray College Street 19th Ave. to Main St. Drip N. 7th Avenue Aspen St. to Villard St. Drip N. 7th Avenue Mendenhall to Durston Drip 5th & Aspen Street 5th & Aspen Drip Laurel Parkway South of Babcock Drip *Only the two southern-most medians are included in this contract Other related services may be requested on an as needed basis. Locations may be added or removed from the contract at any time. Irrigation system type may change as the COB installs drought tolerant landscaping in place of turf grass in new and existing medians and city owned properties. 59 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT:Ratify the City Manager's signature on the Professional Service Agreement with Montana Lines for Phase 1 of the 5th & Main Lighting Project MEETING DATE:April 8, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Ratify the City Manager's signature on the 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. 60 Attachments: CONSTRUCTION AGREEMENT for 5th and Main Lighting phase 1.docx MTL Quotation_Main Street Lighting Design Package 1_040225.pdf 24006_04_BOZEMAN_URD_TASK_3_PACKAGE_1_1.pdf Non-Discrimination and Equal Pay_.docx Report compiled on: March 3, 2025 61 Page 1 of 19 CONTRACT 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, Montana Lines, LLC, 2800 Upper River Road, Great Falls, MT 59405, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1.Work to be Performed: The work to be performed (the “Work”) is generally described as follows: new power service installation, underground conduit, wiring, concrete light pole foundations, and installation of City provided pedestrian luminaires adjacent to the Freestone Development along Main Street and North 5th Avenue. The Contractor’s provided Scope of Services attached hereto as Exhibit A. Unless otherwise provided in the Scope of Services, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Work. 2.Contract Documents: The Contract Documents which comprise the entire agreement between the City and Contractor as attached to or referenced in this Agreement, are made a part hereof by this reference and consist of the following: a.This Agreement. b.Proof of Insurance and Performance and Payment Bonds. c.Montana Public Works Standard Specifications, 7th Edition (MPWSS), and as further amended by the City of Bozeman Modifications to MPWSS. d.Notice to Proceed. There are no Contract Documents other than those listed above in this Section 2. The Contract Documents may not be altered, amended or repealed except by a modification (as defined in the MPWSS, General Conditions). 62 Page 2 of 19 3.Time of Performance: Contractor shall begin the Work after receiving a Notice to Proceed from City and shall complete the Work no later than April 18, 2025. Time is of the essence of completion of all work and each phase of the Work. 4.Payment: a.Upon satisfactory final completion and acceptance of the Work, City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Work, the amount of Seventy-nine thousand, nine-hundred and seventy-nine dollars ($79,979.00). b.If work not included within the Scope of Services, Exhibit A 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.Contractor shall submit applications for payment in accordance with the Montana Public Works Standard Specification, 7th Edition General Conditions. Applications for payment will be processed as provided in the General Conditions. d.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 Work that Contractor may have or assert against City, its officers, agents, and employees. e.Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in the MPWSS. 5.Inspection and Testing: a.City has the right to inspect and test any and all Work performed by Contractor. Contractor shall allow City and its agents access to the Work 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 63 Page 3 of 19 Work. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. b.Contractor shall, without charge, replace any material or correct any Work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 6.Contractor’s Representations and Warranties: In order to induce the City to enter into this Agreement, Contractor represents and warrants as follows: a.Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, the Work site, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. b.Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work. c.Contractor has made or caused to be made examinations, and investigations as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by Contractor for such purposes. d.Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. e.Contractor and its sureties are liable for the satisfaction and full performance of all warranties. 7.General Requirements: a.Contractor Use of Premises. The Contractor shall confine his operations at site of the proposed work to within the right-of-way or construction easements provided. b.Safekeeping of Equipment and Materials on Work Site. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or 64 Page 4 of 19 near the site will be entirely that of Contractor and that no claim shall be made against the City by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access by the City to the sites occupied by these stored materials and equipment, the Contractor owning or responsible for the stored materials or equipment shall immediately remove same. No materials or equipment may be placed upon any private property until the property owner has agreed in writing to the location contemplated by the Contractor to be used for storage. c.Excavation. Where excavation will be required adjacent to existing structures, the Contractor shall be solely responsible to maintain the structural integrity of the existing structures. The Contractor shall take whatever means necessary to insure that the existing structure is not damaged and if necessary shall install sheet piling. The Contractor shall repair all damage to the existing structures at his own expense. Any fences destroyed during construction shall be repaired to the satisfaction of the property owner. Any delay, additional work, or extra cost to the Contractor caused by existing underground installations shall not constitute a claim for extra work, additional payment or damages. d.Protection of Existing Mailboxes, Curbs and Gutters and Driveways. The Contractor shall take whatever means necessary to insure that the existing mailboxes, curbs and gutters and driveways are not damaged during construction. If it is necessary to remove or disturb mailboxes during construction, the Contractor shall repair and restore the mailboxes at his own expense to the satisfaction of the property owner. Any curb, gutter, or driveways damaged during construction, not noted to be replaced on the drawings, shall be replaced by the Contractor at his own expense. e.Surface Drainage. Water from such sources as surface runoff, dewatering and flushing of water lines during project construction shall not be allowed to enter into drainage ways or open areas that will cause flooding of existing structures, street intersections, or lawn areas. f.Debris; Restoration. While performing the Work, and as part of the final completion of the Work, Contractor shall clean up the Work 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 Work. Any disturbed landscaped areas shall be properly restored. g.Work Sequence. The Contractor shall schedule the work to minimize inconvenience to the City and to adjacent property owners and to minimize interruptions to utility service. This shall include minimizing obstruction to local traffic especially on dead end streets. Work shall be scheduled so as to minimize disruptions to local mail delivery. 65 Page 5 of 19 h.Traffic Control. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads and walks, the Contractor shall obtain approval of such actions from the County or Montana Department of Transportation and shall provide and maintain suitable and safe lighted detours or other temporary expedients for the accommodation of public and private travel in accordance with the current edition of the Manual on Uniform Control Devices for Streets and Highways (MUTCD). The Contractor shall not occupy the work site or initiate construction until all traffic control provisions are in place and the City has been so notified. The Contractor shall cooperate and coordinate his methods with the City’s traffic control plans prior to the disruption of the normal flow of any traffic. i.Safety. Safety provisions must be entirely adequate and meet with City, County, State and Federal regulations to protect the public on affected streets and roads. 1) Barricades and Lights. Prior to the start of construction across roads or walks, all construction permits shall be obtained, utility companies notified, and traffic patterns, signing, location of flagmen, barricades and other safety measures arranged. Providing and maintaining safety barricades, and other work site safety measures shall be the responsibility of the Contractor and shall be included in the contract price. 2) All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. 3) All barricades and obstructions shall be illuminated by means of warning lights from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be provided with similar warning signs and lights. 4) All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements and, where within railroad and highway right-of-way, as required by the authority having jurisdiction thereover. 5) Work performed within property under the City’s jurisdiction shall have all barricades, signs, lights and protective devices installed and maintained. 8.Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. 66 Page 6 of 19 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. 9.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 Work (“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 Work, 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)all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (2)an equitable amount to reimburse Contractor for the cost to protect and maintain the Work during the period of suspension; and (3)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 Work has increased or decreased. d.Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 9(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised WorkSchedule 67 Page 7 of 19 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 9(c) shall be paid and no extension of time to complete the Work shall be granted if the suspension results from Contractor’s non- compliance with or breach of the terms or requirements of this Agreement. 10.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, 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 Work. b.In the event of a termination pursuant to this Section 10, 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 Work has been completed. Upon completion of the Work, 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 Work 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 10 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 10, 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. 11.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 Work, the City may terminate this Agreement 68 Page 8 of 19 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 Work, discontinue placing orders for materials, supplies, and equipment for the Work, 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 11, 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 11(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. 12.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 13.Representatives and Notices: 69 Page 9 of 19 a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Ellie Staley, Executive Director, Downtown Bozeman Partnership, 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 Pat Bomgardner, Project Manager or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 14.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. 15.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 Work. 70 Page 10 of 19 16.Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Work, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 17.Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, Montana Contractor Registration requirements, Montana Contractors Gross Receipts Tax (Title 15, Chapter 50, MCA), 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 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. 71 Page 11 of 19 Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 19.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 Work. 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. 20.Labor Relations: a.In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Work, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Work 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 Work 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 Work 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. 21.Prevailing Wage Requirements: Montana Resident Preference. The nature of the work performed, or services provided, under this Contract meets the statutory definition of a "public works contract" in 18-2-401, MCA. Unless superseded by federal law, Montana law requires that contractors and subcontractors give preference to the employment of Montana residents for any public works contract in excess of $25,000 for construction or non-construction services. Contractor must abide by the requirements 72 Page 12 of 19 set out in 18-2-401 through 18-2-432, MCA, and all administrative rules adopted under these statutes. The Commissioner of the Montana Department of Labor and Industry has established the resident requirements in accordance with 18-2-403 and 18-2-409, MCA. Any and all questions concerning prevailing wage and Montana resident issues should be directed to the Montana Department of Labor and Industry. 21.1 Standard Prevailing Rate of Wages. In addition, unless superseded by federal law, all employees working on a public works contract must be paid prevailing wage rates in accordance with 18-2-401 through 18-2-432, MCA, and all associated administrative rules. Montana law requires that all public works contracts, as defined in 18-2-401, MCA, in which the total cost of the contract is greater than $25,000, contain a provision stating for each job classification the standard prevailing wage rate, including fringe benefits, travel, per diem, and zone pay that the contractors, subcontractors, and employers must pay during the public works contract. Because this Contract has an initial term of 12 months with optional renewals, this Contract is subject to the 3% adjustment when the Contract length becomes more than 30 months. The 3% rate increase becomes effective upon the second renewal, and the 3% is paid starting in the third year of the Contract beginning with the 25th month. The adjustment must be made and applied every 12 months for the term of the Contract. This adjustment is the sole responsibility of Contractor and no cost adjustment in this Contract will be allowed to fulfill this requirement. 21.2 Notice of Wages and Benefits. Furthermore, 18-2-406, MCA, requires that all contractors, subcontractors, and employers who are performing work or providing services under a public works contract post in a prominent and accessible site on the project staging area or work area, no later than the first day of work and continuing for the entire duration of the contract, a legible statement of all wages and fringe benefits to be paid to the employees in compliance with 18-2-423, MCA. 21.3 Wage Rates, Pay Schedule, and Records. 18-2-423, MCA, requires that employees receiving an hourly wage must be paid on a weekly basis. Each contractor, subcontractor, and employer must maintain payroll records in a manner readily capable of being 73 Page 13 of 19 certified for submission under 18-2-423, MCA, for not less than three years after the contractor's, subcontractor's, or employer's completion of work on the public works contract. 21.4 If any labor problems or disputes arise during this Agreement, which cause any services to cease for any period of time, Contractor agrees to take immediate steps in its discretion, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action. Contractor must provide immediate relief to City so as to permit the services to continue at no additional cost to City. Contractor acknowledges and agrees that City will not be a party to any labor disputes between Contractor and any subcontractors or third parties. 22.Subcontractors: a.Contractor may employ subcontractors for any part of the Work. 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 Work. 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 Work before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 23.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 Work. 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 74 Page 14 of 19 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. 24.Indemnification; Insurance; Bonds: a.Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. b.Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as 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 Cityshall 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 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.For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages, Contractor must indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring. 75 Page 15 of 19 g.Contractor’s obligations in this Section must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). h.Contractor’s indemnity under this Section must be without regard to and without any right to contribution from any insurance maintained by City. i.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. j.These obligations shall survive termination of this Agreement and the services performed hereunder. k.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 and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below: Workers’ Compensation – not less than statutory limits; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Products and Completed Operations – $1,000,000; Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned 76 Page 16 of 19 by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to the Work or City Hall is covered by other insurance; Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate; Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 25.Performance and Payment Bonds: The Contractor shall furnish a Performance Bond and a Payment Bond in favor of the City each in an amount equal to one-hundred Percent (100%) of the Agreement amount. 26.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. 77 Page 17 of 19 27.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. 28.Attorney 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.. 29.Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 30.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 31.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. 32.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 33.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 34.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 78 Page 18 of 19 35.Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 36.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. 37.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 38.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 Work. Contractor may not assign to any third party other than Contractor’s subcontractors on the Work, the right to receive monies due from City without the prior written consent of City. 39.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. 40.Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Work, 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. 41.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. 42.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 **** 79 Page 19 of 19 IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR By: _______________________________By: Chuck Winn, Interim City Manager Print Name: Jodie Tooley Title:Corporate Secretary APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney 80 Page 1 of 1 PROJECT: Main Street Lighting Design Package 1 DATE: 4/2/2025 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 streetlights and associated foundations, pull boxes, conduit, wire, and electrical service along N. 5th Ave and Main St per plan set approved 3-25-25. Pricing is based on all MTL work being accessible upon arrival, i.e. sidewalk must be removed and work area must be free of materials with minimal conflict with other trades. 3) This quote is valid for 5 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 7th through April 11th , 2025. Pricing is subject to change if the availability of underground work is otherwise. 4) Estimated duration for this work is 5 days for UG and 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) Protection of all MTL work is excluded and required by others. 15) General conditions such as restrooms, staging areas, etc., are excluded and required by others. 16) SWPPP, NOI, MS4, & any other Erosion Control BMP's, Permits, or Certifications are excluded. 17) Temporary Traffic Control and flagging is excluded and is required by others. 18) Dewatering, Landscaping, Seeding/Sodding, Tree Work, and Sprinkler/Irrigation Work is excluded. 19) Removal/installation of pavement, sidewalk, curb & gutter, signing, and pavement markings is excluded. 20) 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 81 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 82 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 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 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 83 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 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 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 84 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: PROJECT NO: CAD: QUALITY ASSURANCE: 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 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 P:\24006_04_Bozeman_URD_Task_3_Main_St_Lighting\CADD_C3D\PRODUCTION_DWG\Updates packages\24006_04_ELEC_PROD_Package_1.dwg, E1.4, 3/11/2025 4:28:50 PM, kketterling, 1:1 85 ISSUED FOR CONSTRUCTION FILE: PROJECT NO: CAD: 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, MTE1.5JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 P:\24006_04_Bozeman_URD_Task_3_Main_St_Lighting\CADD_C3D\PRODUCTION_DWG\Updates packages\24006_04_ELEC_PROD_Package_1.dwg, E1.5, 3/11/2025 4:28:50 PM, kketterling, 1:1 86 ISSUED FOR CONSTRUCTION FILE: PROJECT NO: CAD: 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, MTE1.6JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 P:\24006_04_Bozeman_URD_Task_3_Main_St_Lighting\CADD_C3D\PRODUCTION_DWG\Updates packages\24006_04_ELEC_PROD_Package_1.dwg, E1.6, 3/11/2025 4:28:52 PM, kketterling, 1:1 87 ISSUED FOR CONSTRUCTION FILE: PROJECT NO: CAD: 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 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 P:\24006_04_Bozeman_URD_Task_3_Main_St_Lighting\CADD_C3D\PRODUCTION_DWG\Updates packages\24006_04_ELEC_PROD_Package_1.dwg, E1.7, 3/11/2025 4:28:56 PM, kketterling, 1:1 88 ISSUED FOR CONSTRUCTION FILE: PROJECT NO: CAD: 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, MTE1.8JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 P:\24006_04_Bozeman_URD_Task_3_Main_St_Lighting\CADD_C3D\PRODUCTION_DWG\Updates packages\24006_04_ELEC_PROD_Package_1.dwg, E1.8, 3/11/2025 4:29:02 PM, kketterling, 1:1 89 ISSUED FOR CONSTRUCTION FILE: PROJECT NO: CAD: 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, MTE1.9JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 P:\24006_04_Bozeman_URD_Task_3_Main_St_Lighting\CADD_C3D\PRODUCTION_DWG\Updates packages\24006_04_ELEC_PROD_Package_1.dwg, E1.9, 3/11/2025 4:29:05 PM, kketterling, 1:1 90 ISSUED FOR CONSTRUCTION FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION MAIN STREET LIGHTING DESIGN PACKAGE 1 LUMINAIRE CUT SHEETS CITY OF BOZEMAN URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3 BOZEMAN, MTE1.10JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 P:\24006_04_Bozeman_URD_Task_3_Main_St_Lighting\CADD_C3D\PRODUCTION_DWG\Updates packages\24006_04_ELEC_PROD_Package_1.dwg, E1.10, 3/11/2025 4:29:08 PM, kketterling, 1:1 91 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION Main Street Lighting Project Phase 1 Montana Lines, LLC, 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, Montana Lines, LLC hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name: Title: 92 Memorandum REPORT TO:City Commission FROM:Brit Fontenot, Economic Development Director SUBJECT:Mayoral Proclamation of World Quantum Day MEETING DATE:April 8, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Proclaim Friday, April 14th, 2025 as World Quantum Day, Montana. Encourage schools, universities, businesses, and the broader community to participate in activities that highlight the significance of quantum science and its role in shaping the future. Encourage all citizens to recognize World Quantum Day and the importance of quantum science in advancing knowledge, technology, and innovation for the benefit of all. STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for partnerships with key business groups and non-profit organizations. BACKGROUND: World Quantum Day, celebrated annually on April 14th, aims to raise awareness of quantum science and its impact on technology, innovation, and daily life. It serves as an opportunity to engage the public, educators, and policymakers in discussions about quantum mechanics and its applications in fields such as computing, cryptography, sensing, and materials science. For the City of Bozeman, proclaiming World Quantum Day is significant for several reasons: 1. Educational and Public Awareness – Encouraging local schools, universities, and research institutions to engage in outreach programs that promote quantum science and technology. 2. Economic and Technological Growth – Recognizing the potential for Bozeman to contribute to the growing quantum technology sector, fostering innovation and attracting tech companies and startups. 3. Academic and Research Recognition – Showcasing any ongoing quantum research at Montana State University, enhancing Bozeman's reputation as a hub for scientific progress. 4. Inspiration for Future Generations – Inspiring students and young professionals to pursue careers in STEM, especially in emerging fields 93 like quantum computing and quantum engineering. 5. Community Engagement – Hosting events, lectures, and workshops that connect scientists, educators, businesses, and the public to discuss the future of quantum technology. By proclaiming World Quantum Day, Bozeman positions itself as a forward- thinking city that values scientific innovation, education, and economic development in cutting-edge fields. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:None. Attachments: 2024 Mayoral Proclamation - Quantum Day Proclamation.pdf Report compiled on: March 31, 2025 94 PROCLAMATION OF WORLD QUANTUM DAY WHEREAS, the City of Bozeman recognizes the profound impact of quantum science and technology in shaping the future of innovation, economy, and society; and WHEREAS, Montana State University and the Gallatin Valley are known internationally as a vibrant ecosystem for photonics and quantum research and business development; and WHEREAS, Bozeman is home to a growing community of researchers, educators, entrepreneurs, and students dedicated to the pursuit of quantum knowledge and its applications for the betterment of our city, state, nation, and world; and WHEREAS, fostering public awareness and engagement in quantum science is essential to inspiring the next generation of scientists, engineers, and innovators, ensuring continued leadership in this transformative field; and WHEREAS, World Quantum Day, observed annually on April 14, serves as an international celebration of quantum science, promoting education, collaboration, and dialogue on the opportunities and challenges of quantum technologies; and WHEREAS, the U.S. Senate unanimously passed a bipartisan resolution recognizing the commemoration of World Quantum Day; and WHEREAS, the City of Bozeman encourages schools, universities, businesses, and the broader community to participate in activities that highlight the significance of quantum science and its role in shaping the future; NOW, THEREFORE, I, Terry Cunningham, Mayor of the City of Bozeman, do hereby proclaim April 14, 2025, as WORLD QUANTUM DAY in the City of Bozeman and encourage all residents to join in recognizing the importance of quantum science in advancing knowledge, technology, and innovation for the benefit of all. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Bozeman to be affixed this 8th day of April, 2025. ______________________ TERRY CUNNINGHAM Mayor, City of Bozeman 95 Memorandum REPORT TO:City Commission FROM:Zachary Moon, Associate 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 10 Acres Including the Adjacent Right of Way, the 5532 Fowler Lane Annexation, Application 24492 MEETING DATE:April 8, 2025 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Consider the 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 24492 and move to recommend approval of the 5532 Fowler Lane Zone Map Amendment, with contingencies required to complete the application processing. 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 applicant and property owner seek to annex one parcel totaling approximately 10 acres and as well as the applicable right of way of Fowler Lane (approximately 0.385 acres) into the City limits and establish initial zoning of R-4, Residential High Density district. The property is currently zoned “Agriculture Suburban” (AS) within the county. The same AS County zoning is also to the south and west. Nearby municipal zoning to the north is R-4, Residential High Density, and to the east is R-3 Residential Medium Density 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 property is bordered by Fowler Lane to the west (a Bozeman classified minor arterial street), and a park and portion of S 31st Ave to the east (a Bozeman classified local street). The proposed annexation would bring in additional right of way to build out 96 Fowler Lane to the City’s collector standard adjacent to the subject property as would be required with future development. There are currently three existing structures with associated septic systems on the parcel. To the north is a property with a plan entitlement and under active construction (Application 21-424, Buffalo Run) for residential use, to the south and west are agricultural properties which contain residential uses as well, and to the east are properties with established suburban density residential lots. The Community Development Board held a public hearing regarding the Zone Map Amendment request portion of this application on 3/17/2025 wherein they made findings and recommended denial of the requested R-4 zone with a (3 for denial:2 for approval) vote. 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 the Commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, 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: 24492 5532 Fowler Ln Annx-ZMA CC SR.pdf Report compiled on: March 11, 2025 97 24492 Staff Report for the 5532 Fowler Lane Annexation and ZMA Public Hearings: Community Development Board (Zoning Commission) meeting is on March 17, 2025 City Commission meeting is on April 8, 2025 Project Description: Annexation 24492 requesting annexation of 10.385 acres and adjacent right of way for Fowler Lane and amendment 24492 of the City Zoning Map for the establishment of a zoning designation of R-4 (Residential High Density District). Project Location: 5532 Fowler Lane Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Community Development Board Zoning 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 24492 and move to recommend approval of the 5532 Fowler Lane 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 24492 and move to approve the 5532 Fowler Lane Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board in their capacity as the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 24492 and move to approve the 5532 Fowler Lane Zone Map Amendment, with contingencies required to complete the application processing. Report: March 11, 2025 Staff Contact Zachary Moon, Associate Planner Agenda Item Type: Action - Legislative 98 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The applicant and property owner seek to annex one parcel totaling approximately 10 acres and as well as the applicable right of way of Fowler Lane (approximately 0.385 acres) into the City limits and establish initial zoning of R-4, Residential High Density district. The property is currently zoned “Agriculture Suburban” (AS) within the county. The same AS County zoning is also to the south and west. Nearby municipal zoning to the north is R-4, Residential High Density, and to the east is R-3 Residential Medium Density 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 property is bordered by Fowler Lane to the west (a Bozeman classified minor arterial street), and a park and portion of S 31st Ave to the east (a Bozeman classified local street). The proposed annexation would bring in additional right of way to build out Fowler Lane to the City’s collector standard adjacent to the subject property as would be required with future development. There are currently three existing single household dwelling units with associated septic systems on the parcel. To the north is a property with a plan entitlement and under active construction (Application 21-424, Buffalo Run) for residential use, to the south and west are agricultural properties which contain residential uses as well, and to the east are properties with established suburban density residential lots. The application materials for this application are available at Laserfiche folder [https://weblink.bozeman.net/WebLink/Browse.aspx?startid=292960&cr=1]. 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. 99 Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on March 17, 2025. In addition to two written comments received, a member of the public provided testimony at the hearing expressing opposition to the zoning request. The Board’s discussion focused on road connectivity to the subject property, high density residential at the edge of current city limits, and the lack of commercial uses in the vicinity. In conclusion the Community Development Board made findings and voted (3:2) to recommend denial of the requested zoning to the City Commission. A full recording of the hearing can be viewed [External Video Link]. Public comment has been received on this application. All written comments can be reviewed at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=297403&dbid=0&repo=BOZEMAN &cr=1 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 the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 100 TABLE OF CONTENTS EXECUTIVE SUMMARY.......................................................................................................2 Unresolved Issues................................................................................................................2 Project Summary .................................................................................................................2 Alternatives..........................................................................................................................3 SECTION 1 - MAP SERIES.....................................................................................................5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION...........................................10 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ...14 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS.......................................15 Annexation.........................................................................................................................15 Zone Map Amendment......................................................................................................15 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS.................................15 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS............26 PROTEST NOTICE FOR ZONING AMENDMENTS..........................................................46 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND...............46 APPENDIX B - NOTICING AND PUBLIC COMMENT.....................................................47 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING....................48 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ............................50 FISCAL EFFECTS..................................................................................................................50 ATTACHMENTS....................................................................................................................50 101 SECTION 1 - MAP SERIES Map 1: Project Map 102 Map 2: Project Vicinity Map 103 Map 3: BCP 2020 Future Land Use Map Urban Neighborhood Community Commercial Mixed Use Residential Mixed UsePublic Institutions104 Page 8 of 51 Map 4: Existing City Zoning 105 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 9 of 51 Map : Existing County Zoning (grey is city area and is not up to date) Agriculture Suburban City Zoning Res. Office Commented [CS1]: The outlined project area is one property too far south. Revise to match with the other images above. 106 Page 10 of 51 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 “5532 Fowler Lane Annexation.” 2. That the applicant must submit an Annexation map, titled “5532 Fowler Lane Annexation”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office and must be submitted with the signed Annexation Agreement. 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 annexed unless the property to be annexed can be entirely described by reference to existing platted properties or certificates of survey. 3. 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. 4. 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 (SID’s) for the following: a. Street improvements to Fowler Lane between Blackwood Road and Stucky Road, including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Blackwood Road between Fowler Lane and South 19th Avenue, including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Intersection improvements at Blackwood Road and Fowler Lane, including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at Blackwood Road and South 27th Avenue, including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Fowler Lane and West Graf Street, including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 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 107 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 11 of 51 development, or a combination thereof. The SID waiver will be filed with the County Clerk and Recorder in conjunction with the annexation agreement. 5. The applicant must execute at the Gallatin County Clerk & Recorder's Office in conjunction with the annexation, a waiver of right-to-protest creation of a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 6. The Annexation Agreement shall 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 subject project is located in an area known to have seasonally high groundwater. The applicant must confirm seasonal high groundwater elevations and seasonal high groundwater data must be measured and submitted with any future development application on the parcel. Due to the seasonal nature of SHGWL measurements, the applicant is advised to begin groundwater measurements in the winter and continue measuring through July. Measurements must be at sufficient intervals to define the SHGWL across the site. Industry guidance recommends a three-foot minimum separation from the bottom of a stormwater facility to the underlying groundwater table. The applicant is advised that future development may be subject to limitations or restrictions based on seasonal high groundwater elevations. 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. Future development of this site will require main extensions to be looped, a single dead end loop will not be allowed. The applicant is advised that the subject property is located at the southern end of the City’s main pressure zone (Sourdough Zone). Water pressures around the subject property vary from 35 to 50 psi. Upon future development, the water distribution system must be designed to meet the requirements outlined in the City of Bozeman Design Standards and Specifications Policy. Additionally, all water system improvements must also be designed and installed in accordance with the Montana Department of Environmental Quality Circular 1; Montana Public Works Standards and Specifications (MPWSS); City of Bozeman Modifications to MPWSS; and the City’s most recent Water Facility Plan." c. The Annexation Agreement must include notice that, prior to future final development approval, the applicant will be responsible for transfer of water rights or a payment in lieu as required by the Bozeman Municipal Code. d. 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. 108 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 12 of 51 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 Annexation Agreement must include notice 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 applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property. h. 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. i. The Annexation Agreement must include notice that the property is located within the Meadow Creek Subdivision Sewer payback district and that assessment of payback charge will be required with any future subdivision on site plan applications. The applicant is advised that the payback must be paid at the time of development approval. Reference document Gallatin County Clerk and Recorder #2293493. j. The Annexation Agreement must include notice that the City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. 7. 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. 8. Fowler Lane is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (100) feet. The applicant must provide their respective Fowler Lane ROW (50) feet from the centerline of the existing ROW as a public street and utility easement where Fowler is adjacent to the property prior to the adoption of Resolution of Annexation.. 9. The development will need to satisfy the water adequacy code requirement prior to a future subdivision final plat or site plan approval. If sufficient water rights can’t be provided to offset the development's annual demand then a cash-in-lieu of water rights (CILWR) payment will be required. The fee determination will take place during the site plan review. The City encourages the use of groundwater wells to supply irrigation demands, which in turn will reduce the CILWR fee. Applicant must obtain a pre- determination from the DNRC demonstrate ing that a well groundwater well may be 109 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 13 of 51 permitted under Montana’s exempt appropriation or that provide the water right documentation if existing prior to finalization of the CILWR fee determination. 10. The applicant must provide an annexation map showing the widths, locations, and purposes of all existing and/or proposed easements, including any agricultural water user facility easements. 11. The subject property is located within the overall Cattail Creek Sanitary Sewer Drainage Basin. Figure 5-1 of the City’s wastewater facility plan, shows the subject property in a smaller identified sub-basin (still within the overall Cattail Creek Drainage Basin), but directly adjacent to the Baxter Creek Sanitary Sewer Drainage Basin. The identified sub-basin assumes that certain portions of the property would flow by gravity into the future 12-inch Fowler Lane sewer main, as identified in the facility plan (Capital Improvement Plan (CIP) Reference: 12-inch Fowler Ln: Blackwood Road to Stucky Road). Based on new hydraulic modeling information a 15-inch main will be required and will be updated per the City's wastewater facility plan update. The identified wastewater capital planning improvements must be designed in coordination with any Fowler Lane improvements. Sanitary sewer infrastructure improvements will be reviewed with future development applications. 12. In conjunction with streets construction - The City’s Water Facility Plan identified the need for a water transmission main (CIP Reference: 16-inch water main New Growth and Development) directly adjacent to the subject property in Fowler Lane to service future development. Water infrastructure improvements will be reviewed with future development applications. The identified water capital planning improvements must be designed in coordination with any future Fowler Lane improvements adjacent to the subject property. The applicant is advised that the capital Improvements identified within the facility plans must be located within City ROW, a public street and utility easement, or a water and sewer easement. " 13. Upon future development, the applicant must provide an estimate of the peak-hour sanitary sewer demands, certified by a professional engineer, for the proposed project. The City will analyze and determine if sewer capacity is available to accommodate the project. The applicant is advised that sewer capacity is allocated on a first come first serve basis and is not entitled until preliminary plat or site plan approval. 14. 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. 15. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must 110 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 14 of 51 demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 16. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. 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 in the event that 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 “5532 Fowler 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 “5532 Fowler 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. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) recommends approval of the requested annexation. The City Commission will hold a public meeting on the annexation on April 8, 2025. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. 111 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 15 of 51 Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The 5532 Fowler Lane 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 24492. 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. The Community Development Board in their capacity as the Zoning Commission will hold a public hearing on this ZMA on March 17, 2025 and will forward a recommendation to the Commission on the Zone Map amendment. The City Commission will hold a public hearing on the zone map amendment on April 8, 2025. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of annexation, the City Commission must consider the following goals and policies. These are established by the Commission, not state law, and the Commission has some discretion in applying them. Goals are aspirational, policies more directly set standards. The Commission may balance issues in these goals and policies and reach conclusions that as a whole, establish the benefit of the annexation outweighs identified drawbacks. In conducting analysis and making findings regarding goals and policies staff considers all the City’s planning documents and the regulations of the municipal code. Not all goals and policies are fully addressed at annexation. Compliance with a policy or goal may occur later during a land development process when a specific regulation is applied. Related code sections and associated timing that might further address the policies and goals are included in the analysis below, where appropriate. Examples provided are illustrative, and do not represent a comprehensive listing but are illustrative. Commission Resolution No. 5076 Criteria Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. 112 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 16 of 51 Criterion Met. The property in question is contiguous to the City limits on the east for approximately 332 lineal feet and on the north for 1300 lineal feet.. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. Criterion not met. This goal is only applicable to county areas that where the city has grown around them, not to annexations on the edge of the city. The subject property is adjacent to the city on its north and east bounds, and contiguous with county land to the west 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 This goal is only applicable to property that already receives municipal services. The subject property contains no structures utilizing or contracting with City services. Municipal Code Section and Title Subject Related Documents When standard is applied 40.03.1380 Consent to Annexation Service outside of the city limits Water and sewer facility plans, Design Standards and Specifications Policy After annexation and prior to extension of 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. No specific development plan has been submitted. Applicant seeks R-4 zoning for eventual residential development at urban rather than rural intensity. Future proposed developments will be required to utilize municipal water or sewer systems. Municipal Code Section and Title Subject Related Documents When standard is applied 38.350.030.D Required connection to water and sewer municipal systems Water and sewer facility plans Subdivision or site plan review, or approval to connect 113 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 17 of 51 38.410.070, Municipal water, sanitary sewer and storm sewer systems. Installation of water and sewer services Water and sewer facility plans, Design Standards and Specifications Policy Subdivision or site plan review, or approval to connect 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 continues expansion of city boundaries in a methodical regular manner. Visual observation shows a continuance of the regular city boundary with this property annexed. 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 subject property will provide additional right of way for Fowler Lane to the west which is designated by the City as a minor arterial. Easements or future easements for Fowler Lane are required by the terms of annexation (see Terms of Annexation 8 and 10 above). Although the improvements will not happen at the time of annexation, future development will be required to install these improvements as their frontage requirements. Upon future development, Fowler Lane will need to be constructed to the City’s adopted standards adjacent to the subject property. Adjacent development to the north constructed the portion of Fowler connecting to Stucky Road to a municipal standard. Future development within the annexing area will create a local street network to provide local services and will also provide connections back to the existing street network Municipal Code Section and Title Subject Related Documents When standard is applied 114 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 18 of 51 38.400.010 Transportation facilities and access Construction and placement of streets Transportation Master Plan, Design Standards and Specifications Policy Subdivision or site plan review 38.400.020, Street and road dedication Construction and placement of streets Transportation Master Plan, Design Standards and Specifications Policy Subdivision or site plan review 38.400.050 Street and road right-of- way width and construction standards Construction and placement of streets Transportation Master Plan, Design Standards and Specifications Policy Subdivision or site plan review 38.410.060 Easements Location and form of easements Transportation Master Plan Annexation for collector and arterial streets. Subdivision or site plan for all others. 115 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 19 of 51 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 Met. The subject property is approximately 10 acres. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. Criterion Met. Annexation itself does not modify demand for water as it does not authorize any construction. After annexation, the subject property will be bound to the provisions of 38.410.130 which requires 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 when detailed information to support determination of required quantity of water to provide service is available. . There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Recommended Terms of Annexation #6.c., 12, 16, and 17. The landowner will consent to this requirement by signature on the annexation agreement. Municipal Code Section and Title Subject Related Documents When standard is applied 38.410.130 Water Adequacy Water rights to serve new development Water master plan, Integrated Water Facility Plan Annexation, subdivision or site plan review 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 9-17, the Annexation Agreement needed to finalize the annexation 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. Municipal Code Section and Title Subject Related Documents When standard is applied 116 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 20 of 51 38.350.030.D Required connection to water and sewer municipal systems Water and sewer facility plans, Design Standards and Specifications Policy Subdivision or site plan review, or approval to connect 38.410.070, Municipal water, sanitary sewer and storm sewer systems. Installation of water and sewer services Water and sewer facility plans, Design Standards and Specifications Policy Subdivision or site plan review, or approval to connect 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, additional right of way is being included for Fowler Lane. The Recommended Terms of Annexation include requirements for this right of way provision. See Terms of Annexation 8. Future construction of streets and Class I public trails at the time of development are subject to the following: 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 Easements for arterial, collector street, and Class 1 Trails with annexation. All others with subdivision or site plan review. 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Sewer collection facilities Annexation for collector and arterial streets. 117 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 21 of 51 plan, Water facilities plan 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. 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 City Zoning Commission will review the requested zoning district designation on March 17, 2025. The Community Development Board’s recommendation, acting in their capacity as the Zoning Commission, will be passed along to the City Commission for review and consideration along with the annexation request on April 8, 2025. [Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee available services. Section 38.300.020.C of the Unified Development Code states: “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.”] 118 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 22 of 51 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. 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 on the west by Fowler Lane which is a minor arterial street. It is currently not paved, however, upon future development, Fowler Lane will need to be constructed to the City’s standards adjacent to the subject property. 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 Utilities , as outlined by Section 38.410.130 of the municipal code at the time of future development. Term of Annexation 14, requires notice of this requirement to be part of the annexation agreement. Satisfaction of this requirement will occur with future development. Future provision of water rights at the time of development is subject to the following: Municipal Code Section and Title Subject Related Documents When standard is applied 38.410.130 Water Adequacy When water rights are due and in what form Water facility plan Integrated Water Resources Plan Subdivision or site plan review 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 119 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 23 of 51 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. The property is located adjacent to existing urban development that is currently served by Bozeman Fire and Police Departments. Water and sewer infrastructure is installed up to the northwest corner of the property within the Fowler Lane ROW. Additional water and sewer service will be required as the property develops. Per Term of Annexation 6.a, 6.d, 9, 11, 12, 13, and 15, 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 volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Future construction of infrastructure or provision of services at the time of development is subject to the following: 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 38.270 Completion of Improvements When infrastructure and other improvements must be completed with development Facility plans and design standards applicable to the particular improvements Subdivision or site plan review 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. 38.400.010 Streets, general Access for emergency services Transportation Master Plan Subdivision or site plan. 120 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 24 of 51 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 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 condition 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. Currently there existing dwellings serviced by existing septic systems. City services are not currently being provided to this property and no emergency connection has been requested. Future development will be required to connect to City services and the owner will not later than that time need to abandon the existing septic and well (see Terms of Annexation 15). This annexation is not a result of an emergency condition requiring connection. Municipal Code Section and Title Subject Related Documents When standard is applied 40.03.1380 Consent to Annexation Service outside of the city limits Water and sewer facility plans, Design Standards and Specifications Policy Prior to extension of services 121 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 25 of 51 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 Transportation and Engineering must be provided with the Annexation Agreement. Typically, this is a PDF containing the metes and bounds legal description of said property. (Mapping requirements are addressed in Recommended Term of Annexation # 2). 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. Criterion met. This 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 2.06 Division 9, BMC. 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 annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Criterion met. Notices of the public hearing have been sent, published in the newspaper, and posted on the site as set forth under this policy. See Appendix A for further discussion on noticing specifics. 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 returned within the stated 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. This policy will be implemented after the Commission acts on preliminary approval or denial of this application. Policy 15: When possible, the use of Part 46 annexations is preferred. Criterion met. This annexation is being processed under Part 46 provisions. 122 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 26 of 51 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. Criterion 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 Gallatin Planning Office and Hyalite Rural Fire District were notified via email on Wednesday, March 5, 2025. As of the date of this staff report, no comment has been received. 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. Terms of Annexation 9, 11, 12, 13, 14, and 15 requires full compliance with this policy. There are existing dwellings on onsite. If annexation is approved and prior to any new development, all septic systems and water use for human consumption will be severed and abandoned. All future development will be required to connect to city services. Municipal Code Section and Title Subject Related Documents When standard is applied 38.350.030.D Required connection to water and sewer municipal systems Water and sewer facility plans, Design Standards and Specifications Policy Subdivision or site plan review or approval to connect 40.03.1380 Consent to Annexation Service outside of the city limits Water and sewer facility plans, Design Standards After annexation and prior to extension of services 123 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 27 of 51 and Specifications Policy SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications 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. For information about how the code as a whole applies examples of specific code sections and the timing of future application is provided as part of the analysis below. 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. 124 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 28 of 51 “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.” “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 125 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 29 of 51 recognizes that it does not come without drawbacks and that the community will change over time. The Applicant narrative makes a case in support of the requested zoning classification. Staff generally concurs with these findings. Sheet 001 - Narrative 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 Meadow Creek Subdivision, has a density of approximately 5 dwelling units per net acre. The development in progress to the north has an active planning entitlement for 237 dwelling units with a density of 11.7 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. 126 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 30 of 51 Figure 1: Average Living Units per Acre by Zoning Designation, City of Bozeman/MT Dept. of Revenue 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 (BCP 2020). Some 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. 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. Goal N-3: Promote a diverse supply of quality housing units. As noted above the area is designated as Urban Neighborhood according to the Future Land Use Map (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 sized apartments, two to four attached unit structures, and single-detached structures. Currently, there are three homes on the subject project. The existence of the R-4 zoning does necessitate a change to the existing structures, 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. 127 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 31 of 51 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. Fowler Lane is a designated Minor Arterial as shown in the Bozeman Transportation Master Plan, 2017 Edition. The subject property is within 0.75 miles of a variety of commercial interests at the corner of Stucky Road and South 19th Avenue. Therefore, placement of higher density development adjacent to Fowler Lane 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 not wholly surrounded within the city but is adjacent for over 1600 feet. 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 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 three residential buildings currently on the lot and served by the Hyalite Rural Fire District. 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 not common to the City as a whole. Upon annexation the subject property will 128 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 32 of 51 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 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. 129 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 33 of 51 The existing right-of-way and condition of Fowler Lane ensures adequate facilities for the existing development. The application of terms of annexation requiring annexing the right- of-way for Fowler Lane will ensure adequate facilities for any future development. Future 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 130 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 34 of 51 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. Fowler Avenue has been recently constructed to an urban design standard and municipal water and sewer mains extended to the northern edge of this property. The installed mains have the capacity to serve this property with appropriate extensions into the site. 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 Annexation for collector and arterial streets. 131 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 35 of 51 plan, Water facilities plan Subdivision or site plan for all others. 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 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 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 Park, Recreation, and Active Transportation Plan Subdivision or site plan review 132 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 36 of 51 development of parks and trails 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 Fowler Lane, and surrounding local streets, at the time of future development. The subject property 10-acres and is located near to the intersection of Fowler Lane and Blackwood Road. 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 Agricultural 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 review 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 to service capacity 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 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 133 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 37 of 51 proposed. Fowler Lane is classified as a minor arterial 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 Fowler Lane which has 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. 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. 134 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 38 of 51 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 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. 135 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 39 of 51 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; 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. 136 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 40 of 51 “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.” 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. 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. 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 137 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 41 of 51 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 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 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.” 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, although different, it is compatible with surrounding zoning, existing roads and a park will provide a buffer between future development on this parcel and existing residential uses, and promotes urban growth as called for in the BCP 2020. Housing is the dominant use in both the proposed R-4 district and the adjacent R-3 and R-4 districts. The 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. 138 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 42 of 51 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 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 City of Bozeman R-3 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 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 generally consistent zoning and use agricultural and suburban to the south and west, urban and residential to the north and east. Notably are R-4, the 139 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 43 of 51 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. 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 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 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 140 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 44 of 51 rural/suburban 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 proposed R-4 zoning district and the adjacent R-3 and existing 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 text amendment in 2021 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 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. 141 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 45 of 51 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. 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 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 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 as the dominant use in the vicinity and has proximity to educational and 142 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 46 of 51 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 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 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 143 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 47 of 51 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. 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) state the writing is a “protest”, rather than merely expressing opposition; (ii) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (iii) 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, KDG Holdings, LLC, seek to annex a single parcel totaling 10 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 “Agriculture Suburban” (AS) within the County administered Gallatin County Bozeman Area Zoning District (the Donut). The purpose is to demolish the existing residential structures and replace it with a multi-family residential structures. The subject property is tract land and has never formally been through a subdivision process. 144 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 48 of 51 Adjacent city zoning includes R-4 and R-3districts. The properties to the south and west have not been annexed and are zoned AS, Agriculture 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. The subject property has a primary access from Fowler Lane, a Minor Arterial according to the Bozeman Transportation Master Plan, 2017 Update. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on March 1, and March 15, 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: 145 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 49 of 51 “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. 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.” 146 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 50 of 51 147 Staff Report for the 5532 Fowler Ln Annexation and Zone Map Amendment Page 51 of 51 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner:KDG Holdings, LLC; 5532 Fowler Lane, Bozeman, MT 59715 Applicant:Intrinsik Architecture, Inc.; Attn: Tyler Steinway; 106 East Babcock Street, Suite 1A, Bozeman, MT 59715 Representative:Intrinsik Architecture, Inc.; Attn: Tyler Steinway; 106 East Babcock Street, Suite 1A, Bozeman, MT 59715 Report By:Zachary Moon, Associate 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. Application Narrative Annexation Map Zone Map Amendment Map Application Drawings Application Documents Application Notice 148 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, Utilities Director SUBJECT:Integrated Water Resources Plan (IWRP) Engagement Plan MEETING DATE:April 8, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to approve the Integrated Water Resources Plan Engagement Plan. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:In 2013, the Bozeman City Commission adopted an Integrated Water Resources Plan (IWRP), which identifies recommended water supply and use policies and practices for consideration to ensure Bozeman has adequate supplies available to meet future demands. Since that time, the City has made progress implementing many of the IWRP’s recommendations, all while Bozeman has changed since 2013. It is important to continue to have an accurate and clear plan for development of future City water supplies, a clear understanding of progress implementing supply alternatives since 2013, and demand reduction achieved through effective water conservation programming. As the City engages the community throughout the IWRP update, clear and mindful communication is needed to avoid misunderstandings, tell Bozeman’s exceptional water story, and talk productively about our water supply, and the pros and cons of longer-term strategies. The City is committed to developing an IWRP update that reflects the needs of our growing community and Bozeman’s longstanding character. Gathering community input throughout the process is critical to this. The City has hired Raftelis, a municipal communications consultant with extensive experience communicating water resource management concepts, to assist City staff in the development and implementation of the IWRP Engagement Plan. The key messages identified in the Engagement Plan include: • Bozeman depends on a safe and reliable water supply; • Ensuring water reliability is complex in Bozeman; • Long-term planning has always been part of Bozeman’s water 149 management approach; • The City is updating its IWRP to ensure a sustainable water future for Bozeman today and for future generations; • Water conservation will continue to be a priority for Bozeman; and • Bozeman will evaluate the water required to supply a range of growth scenarios. Raftelis, supported by City staff, will provide a presentation on the IWRP Engagement Plan, including an overview of key partners, identified levels of engagement, goals for community engagement, and an engagement timeline. The City Commission is requested to provide general direction and guidance on the proposed plan and key questions and consider the approval of the proposed Engagement Plan. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None. Consultant contracts to support community engagement work have already been approved in the amount of $124,880.00 (Raftelis) and $98,743.00 (AE2S) and will be paid for from the Water fund. Attachments: IWRP Community Engagement Plan.pdf Report compiled on: March 26, 2025 150 COMMUNITY ENGAGEMENT PLAN Project Title: Integrated Water Resources Plan (IWRP) Project Leads: • Shawn Kohtz (City of Bozeman) • Jessica Ahlstrom (City of Bozeman) • Nate Weisenburger and Zach Magdol (AE2S) • Matt Wittern and Makenna Sturgeon (Raftelis) C.E. Purpose/Background: This project will update the City of Bozeman’s 2013 Integrated Water Resources Plan (IWRP), outlining alternatives to improve Bozeman’s water supply resiliency and ensure that Bozeman has an adequate supply for the future. The updated IWRP will use a 50-year planning horizon and recommend water supply alternatives, improvements, policies, and/or programs to enhance the City’s water supply over that timeframe, including short, medium, and long-term supply strategies. The IWRP update includes comprehensive community engagement to ensure diverse perspectives are reflected in the IWRP. To ensure representative engagement, this includes creating a Water Advisory Committee (WAC) and engaging the broader community (online and in-person) to identify attitudes and priorities about Bozeman’s current and future water management. The WAC will be comprised of two subcommittees, a Technical Advisory Subcommittee, and Public Advisory Subcommittee. By the end of this process, the City will have critical inputs to update its IWRP, resulting in an IWRP that accounts for new data since 2013 and balances the community’s needs and vision for Bozeman’s future. Key Terms: IWRP Process • Alternatives – Potential measures that the City could implement to enhance Bozeman’s water supply • IWRP – Integrated Water Resources Plan • WAC – Water Advisory Committee • Water Supply/Demand Gap – The difference between how much water is available versus projected community needs over the next 50-years Water Sources and Supply • Aquifer – Underground permeable rock that transmits and holds water that can be developed via springs and wells • Beneficial Use – The purpose of use for a given water right • Climate Resiliency – A community or ecosystem’s ability to adapt to climate impacts • Gallons Per Capita Per Day (GPCD) – A measurement that accounts for daily per-person water use • Groundwater – Water in underground aquifers 151 • Headwaters Region – The region that rests at the beginning of a stream or river • Instream Flows – The amount of water available instream that is not consumed by a beneficial use • Surface Water – Water from lakes, creeks, rivers, and reservoirs • Water Rights – The legal entitlement to put water to beneficial use from a specific source • Watershed – A land area that drains into a particular body of water, including rivers or lakes Water Treatment and Quality • Contaminants – Pollutants that can degrade water quality • Non-Potable Water – Water that is not safe for drinking but is usable for other purposes • Potable Water – Water that is safe for drinking • Water Quality – A measure of the suitability of water for a specific use, like drinking • Water Reuse – The process of recycling treated wastewater to use for other purposes • Water Treatment – A process to make water safe for drinking and other uses Regulations • Exempt Wells – Wells that are exempt from the state’s water right permitting process • Montana Land Use Planning Act – State law requiring Montana cities and towns to update plans based on resource availability, including zoning and growth preparation • Nutrient Regulation – Standards for specific nutrients in water • Reuse Regulation – Regulations that govern the production and use of recycled water • Sensitive Lands Plan – A plan highlighting recommendations to protect Gallatin Valley’s most sensitive lands • Water-Smart Regulations – Policies the City implements to require water conservation Key Partners/Constituents/Community Groups: Internal • City Commission (Decision maker) • City Manager’s Office • City Communication and Engagement Division • City Community Development Department • City Economic Development Department • City Parks Department • City Utilities Department Advisory Boards • Community Development Board • Sustainability Board • Economic Vitality Board External • Residents/Community Members • Local Businesses 152 • Development/Design Professionals • Regional Housing Coalition • Inter Neighborhood Council • Chamber of Commerce • City of Belgrade • Gallatin County • Southwest Montana Building Association • Gallatin Association of Realtors • Department of Environmental Quality • Montana Department of Natural Resources and Conservation • Gallatin Watershed Council • Landowners/Association of Gallatin Agricultural Irrigators • Montana State University • Montana Trout Unlimited • Farmers Canal Company Board • Middle Creek Ditch Company Board Key Questions 1. What decisions have already been made? a. The 2013 IWRP recommended the City’s current water conservation program and other water supply alternatives. The City is currently pursuing many of the recommended alternatives from the 2013 IWRP. b. The 2023 Water Conservation and Efficiency Plan is in place, and 12 of 18 measures of the Plan have already been adopted and implemented. 2. What decisions are we gathering public input on? a. Alternatives to include for evaluation in the updated IWRP. 3. Who is the final decision maker? a. The City Commission is the final decision maker, weighing legal criteria, community input, and WAC and staff recommendations. 4. At what stages in the decision-making process is the public being asked to participate (see graphic)? a. The WAC falls under Develop Alternatives. b. The broader community falls under Gather Information and Establish Decision Criteria. Community input will support the project team’s development of alternatives and recommendations. 5. Who will be most impacted by this decision/project/policy? a. Who may benefit, who may be burdened? i. The public will benefit. ii. Agricultural interests may be impacted. iii. Updated impact fees & water rates may be impacted. b. What are the potential unintended consequences? 153 i. The issue of water in Montana is controversial and impacts many people’s livelihoods. The topic impacts resident concerns, water quality, environmental stewardship, quality of life, and others. c. How will people be better off due to this decision/project/policy? i. Community members will better understand Bozeman’s water resource management practices. ii. There will be enhanced awareness of and engagement in Bozeman’s water conservation programs. iii. An updated long-range water resource plan that incorporates the latest information will benefit community members. 6. What is the timeline for this decision/project/policy? a. The project timeline is anticipated to run through October 2026, however, it is still subject to some change. b. The engagement planning phase will run through May 2025. It will include developing and presenting the engagement plan, developing website content, and selecting WAC members. c. Engagement will take place from June 2025 to May 2026. It will include publishing communication materials, engaging the community virtually and in person, establishing the WAC, and hosting regular WAC meetings. d. Technical analyses of alternatives and preparation of the final report will take place from June 2026 to October 2026. 7. What are the communication and engagement resources available? a. The technical and communication consultants, AE2S and Raftelis, will support content creation and engagement needs. b. City staff in the Communications Division and Utilities Department will help create and review content and disseminate key messages. c. This engagement will leverage the City’s existing communication and engagement tools, including: i. Engage Bozeman ii. Bozeman.net iii. The City’s social media channels iv. Print material opportunities v. Stakeholder communication channels 154 Key Messages 1. Bozeman depends on a safe and reliable water supply. a. Each time you pour a cup of coffee or visit your favorite brewery, you tap into a vital resource: water. b. A safe and reliable water supply enhances our community’s health and safety. The City performs extensive treatment and sampling of our water supplies. We use water to fight fires, clean our homes, run critical hospital functions, wash our hands, and other everyday necessities. c. We depend on reliable water, as do the ecosystems and other water users that call the Bozeman area home. We must manage our water supply sustainably to protect these outdoor spaces and wildlife. We must also be good stewards of this vital resource for our neighbors, recognizing that other downstream users rely on these same supplies. 2. Ensuring water reliability is complex in Bozeman. a. Securing the water we need to remain resilient in the future is a complex task that requires careful analysis and consideration. This is further complicated by peak summer demands associated with outdoor irrigation. b. While Bozeman partners with surrounding cities and the County to support our shared water supply, it’s our responsibility to ensure a reliable water future. We must navigate state and federal regulations, water rights, and continued stewardship of our cherished watersheds. c. If Bozeman were to ‘freeze in time’ and stop all growth in the City, growth pressures would then be passed to the County and surrounding communities, which would still impact Bozeman’s water supply. More and more people would continue to visit and commute into Bozeman which impacts our water demand and available supply. d. Bozeman is a headwaters community. Eighty percent of our water comes from the Gallatin Range, feeding Bozeman Creek and Hyalite Creek. Twenty percent comes from a developed spring at the headwaters of Lyman Creek in the Bridger Range. e. After water is treated, about two billion gallons per year travel through over 250 miles of pipelines to Bozeman homes and businesses. f. Bozeman’s municipal watersheds are vulnerable to wildfire. A wildfire may result in impacts to water quality and water supply availability. The Water Treatment Plant has advanced technology in place to treat our supplies in the case of a wildfire. g. Climate change will likely alter the hydrology of our watersheds, requiring us to evaluate adaptive management of our water resources. 155 3. Long-term planning has always been part of Bozeman’s water management approach. a. For decades, past and current City officials planned for Bozeman’s water needs by establishing water rights from Bozeman, Hyalite, and Lyman Creek. This ensured that our City could grow into the community it is today. Now, it’s time to look ahead again and prepare for our community’s changing needs. b. Bozeman is in a semi-arid environment. Bozeman also has limited storage with plans to optimize existing water storage and enhance reliable releases of water throughout summer periods. c. Over a decade ago in 2013, the City developed its first IWRP, which helped guide Bozeman’s water policies and practices and continues to inform how we manage our water. d. The 2013 IWRP looks ahead 50 years to estimate how much water Bozeman may need and where that water should come from. It considers climate data, growth projections, and changes in water supply. e. The City’s water conservation program stems from the 2013 IWRP and has been highly successful. Water demand has decreased by 25 gallons per capita per day since the inception of the water conservation program. This means Bozeman is trending in the right direction, creating a more reliable, sustainable, and resilient water supply. 4. The City is updating its IWRP to ensure a sustainable water future for Bozeman today and for future generations. a. A lot has changed since 2013. The City is updating its IWRP to capture changing community needs, address water supply changes, and ensure we continue to use the best information to plan. b. The City has made a lot of progress implementing recommendations from the 2013 IWRP. As a result, it is time to take another look and evaluate new supply alternatives for the future. c. The City continues to explore alternatives to increasing its water supply. These alternatives include acquiring additional water rights and further developing groundwater supplies. d. The City is committed to creating an IWRP that reflects the needs of our growing community and Bozeman’s longstanding character. Gathering community input throughout the process is critical to this. e. This plan update serves as an opportunity to tell Bozeman’s water story and have a community conversation about water. 156 5. Water conservation will continue to be a priority for Bozeman a. The 2013 IWRP found that water conservation should reduce Bozeman’s water supply/demand gap by 50%. b. Since 2013, the City has implemented many policies and practices to reduce its water supply/demand gap, including revising water rates to promote conservation, implementing a drought management plan, adopting permanent mandatory watering restrictions, developing 10 rebate programs, creating and supporting free education programs, developing policies that require new developments to be more water efficient, and adopting a water conservation and efficiency plan. 6. Bozeman will evaluate the water required to supply a range of growth scenarios a. The State of Montana Land Use Planning Act requires Bozeman to plan for its water future. b. In Bozeman, growth pays for growth. The City’s impact fee program ensures that new developments contribute to water projects and additional demand new users place on the system. The City’s water adequacy policy ensures that new developments ‘pay their way in water’ by transferring usable water rights to the City or paying a cash-in-lieu fee thereof. c. We utilize data-driven tools to track water demands associated with new development projects to ensure that that there is an adequate supply to accommodate growth. The City has more water to allocate, and we are following water conservation recommendations to be more flexible and sustainable, especially in times of drought. Water conservation is also cost-effective and offers an immediate return compared to new supply projects, keeping rates down and more water available for use sooner. d. Water rates contribute to Bozeman’s water management and infrastructure. They help pay for Bozeman’s water treatment, distribution, and conservation program, ensuring we continue to work toward a safe and reliable water supply in the future. e. Water and affordable housing go hand-in-hand. If water were a limitation on growth, housing costs would increase substantially. Therefore, we need to plan for different scenarios to ensure we have adequate supplies to support needed future affordable housing. Goal for Community Engagement This community engagement plan aims to build a process that gathers diverse perspectives through dialogue, fosters mutual understanding, and results in a 50-year Integrated Water Resources Plan (IWRP) that is broadly supported by the community. This is achieved by ensuring that those most interested are engaged, feel their input is valued, and see their contributions reflected in the IWRP. 157 Objectives – (SMART! Specific, Measurable, Attainable, Realistic, Timely) • Increase Community Awareness of Water Resource Management o By May 2026, increase community awareness of Bozeman’s water resource management practices by 30%, as measured by survey responses, website engagement metrics, social media interactions, and Engage Bozeman newsletter sign-ups. • Gather Meaningful Community Input for the IWRP Update o Conduct at least three community surveys and five public meetings, achieving a minimum of 500 combined responses across surveys and meetings to ensure diverse input informs the IWRP update. • Ensure a Diverse Water Advisory Committee (WAC) o By July 2025, establish a Water Advisory Committee (WAC) with representatives from distinct stakeholder groups, including environmental, development, business, agricultural, recreational, academic, governmental, City Boards, and resident organizations. • Increase Public Participation in IWRP Engagement Activities o By May 2026, ensure at least 1,000 unique participants engage with IWRP outreach efforts through surveys, open houses, focus groups, and online platforms, as tracked by event attendance records and digital engagement analytics. • Improve Public Understanding of Water Conservation and Policies o By May 2026, develop and distribute at least 10 educational materials, such as fact sheets, social media infographics, and explainer videos, to help community members understand Bozeman’s water conservation policies and IWRP recommendations. At least 50% of surveyed residents should indicate an improved understanding. • Evaluate the Effectiveness of Engagement Efforts o In mid-2026, analyze community feedback, digital engagement metrics, and participation rates to identify at least three key lessons from the IWRP engagement process, ensuring improvements for future public engagement initiatives. Engagement Timeline February 2025 – May 2025: Engagement Planning • Communication tools: Engage Bozeman newsletter and webpage draft content, community engagement plan one-on-one conversations with community groups and leaders. • Draft community engagement plan and present to the City Commission to guide engagement. • Develop draft website content in preparation for engagement plan approval. • Initiate establishment of the WAC and select WAC members. June 2025 – October 2025: Early Engagement • Communication tools: Engage Bozeman newsletter and webpage, e-notification, utility bill message, mailer, press release, Bozeman.net front page banner and webpage, and social media posts on Facebook, Instagram, and Nextdoor. • Identify and appoint WAC members by July to begin IWRP update process. 158 • Conduct influencer interviews to inform the community engagement process further and gather input on community attitudes and priorities. • Host monthly meetings with the WAC to enhance committee understanding of project goals, processes, and objectives. Lay the groundwork for alternatives analysis. • Host community meeting(s) to determine community attitudes and priorities and establish expectations for future engagement. • Publish communication materials to build awareness and understanding of the IWRP and encourage engagement in the survey and community meeting(s). November 2025 – May 2026: Continued Engagement and Alternatives Development • Communication tools: Engage Bozeman newsletter and webpage, e-notification, utility bill message, mailer, press release, Bozeman.net front page banner and webpage, and social media posts on Facebook, Instagram, and Nextdoor. • Meet every six weeks with the WAC to discuss alternatives and work toward final materials. • Publish community survey(s) to determine attitudes and priorities about water and response to alternatives. • Develop and share survey report(s) to support the WAC and consultant alternatives analysis. • Host community meetings to gather input on alternative options, ranking, and portfolio. Provide Q+A opportunities with City and project team leads. • Publish communication materials to continue building awareness and understanding. June 2026 - October 2026: Develop and Deliver Updated IWRP • Communication tools: Engage Bozeman newsletter and webpage, e-notification, utility bill message, mailer, press release, Bozeman.net front page banner and webpage, and social media posts on Facebook, Instagram, and Nextdoor. • Further develop technical analyses of alternatives including life cycle cost analyses and projects ranking analyses, as needed, and prepare the updated report. • Provide the final report and WAC recommendations to City Commission. • Publish the final report and key actions across community channels. Materials will communicate how community input informed the IWRP update. 159 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: CK May 35949 Yes Yes $2,008,745.50 Knife River - Belgrade 10089 Yes Yes $2,158,839.00 High Country Paving 54165 Yes Yes $1,928,974.20 Hoffman's R&M Services 204059 Yes Yes $1,967,015.03 Treasure State Inc 157069 Yes Yes $2,217,182.54 Mike Maas Kellen Gamradt City Clerk Engineer II 2025 Street Improvements Project These bids were opened and read before the undersigned at 2:00 pm on Thursday, March 20, 2025 Docusign Envelope ID: 144D6A0F-9A89-4664-BC57-492AF8AC3689 7160