HomeMy WebLinkAbout05-20-25 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 Destruction of Municipal Records in Accordance with MCA, 7-5-4124 as
Authorized by the Local Records Committee per MCA 2-6-1202(Maas)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, May 20, 2025
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the
meeting. At the direction of the City Commission, anonymous public comments are not distributed to
the City Commission or staff.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items but you may only comment once per item.
As always, the meeting will be recorded and streamed through the Commission's video page and
available in the City on cable channel 190.
For more information please contact the City Clerks' Office at 406.582.2320.
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
Via Video Conference:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
person
United States Toll
+1 669 900 9128
Access code: 933 7244 1920
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F.3 Authorize the City Manager to Sign a Notice of Award and Contract Documents with Omdahl
Excavation & Utilities, LLC for the North 11th Avenue Water Main Repair(Nielsen)
F.4 Authorize the City Manager to Sign a Grant Agreement with Gallatin County for the Open
Lands Grant Program for the Story Mill Community Park Splash Pad Project(Jadin)
F.5 Authorize the City Manager to Sign a Memorandum of Understanding with the Middle
Creek Water Users Association Providing for Various One Time Only and Ongoing Annual
Payments from the City to the Association to Offset the Negative Financial Effects to the
Association's Remaining Agricultural Water Users Caused by the Prior Transfers of 500 Total
Acre-Feet of Agricultural Water Contracts to the Citys Municipal Water Contract(Heaston)
F.6 Authorize City Manager to Sign a Memorandum of Understanding and Grant Agreement
with Southwest Montana Mountain Bike Association for Westlake Park Bike Pump
Tracks(Jadin)
F.7 Authorize City Manager to Sign Professional Services Agreement and Notice to Proceed with
K2 for Westlake Park Landscaping(Jadin)
F.8 Authorize the City Manager to Sign a Notice of Award and Construction Agreement with
Stillwater Electric for the Installation of a Rectangular Rapid Flashing Beacon on South
Willson Avenue at Garfield Street(Lonsdale)
F.9 Authorize City Manager to Sign a Professional Services Agreement with WBI Energy
Corrosion for Cathodic Protection System Testing(Pericich)
F.10 Authorize the City Manager to Sign an Amendment 2 to the Professional Services
Agreement with Advanced Engineering and Environmental Services LLC for the Motor
Control Center Replacement Project at the Water Reclamation Facility(Heaston)
F.11 Authorize the City Manager to Sign a Task Order 10 with Sanbell for Fowler Housing Design
and Community Engagement(Fine)
F.12 A Resolution Declaring the Intent to Discontinue, Abandon, and Vacate the North-South
Alley, Parallel to Ida Avenue, Connecting East Cottonwood Street and East Peach Street, in
the Northeast of the City of Bozeman, Gallatin County, Montana(Lindley)
F.13 A Resolution, Declaring the Intent of the Commission to Change the Name of Elaine Lane to
Fly Fisher Run(Lonsdale)
G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once per topic. Please note, the City Commission
cannot take action on any item which does not appear on the agenda. All persons addressing the
City Commission shall speak in a civil and courteous manner and members of the audience shall be
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
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H. Mayoral Proclamation
H.1 Proclaiming Pride Week(Cunningham)
H.2 Proclaiming Building Safety Month(Cunningham)
I. Action Items
I.1 Review and Consider the Boutique Hotel, Located at 240 E. Mendenhall Street, Site Plan and
Commercial Certificate of Appropriateness with a Deviation Application, Application 24147
(Quasi Judicial)(Krueger)
I.2 Unified Development Code (UDC) Update Supplemental Engagement Phase 2 Report and
Next Steps (Work Session)(Saunders/George)
J. Appointments
J.1 Appointment to the Police Commission(Maas)
K. FYI / Discussion
L. Adjournment
to three minutes.
Written comments can be located in the Public Comment Repository.
Having reviewed and considered the application materials, public comment, and all the information
presented, I hereby adopt the staff findings as presented in the staff report for application 24147 that
the application does meet the criteria required for approval and move to approve with conditions the
Boutique Hotel application for the deviation requested to allow for encroachment of open space
hardscaping, a 4-foot awning, and supporting utility infrastructure into the 35-foot watercourse
setback.
Consider comment and data supporting possible modifications to the draft Unified Development
Code.
Consider the Motion: I move to appoint one member with a term expiring April 30, 2026 to the Police
Commission.
City Commission meetings are open to all members of the public. If you have a disability that
requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232.
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
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Memorandum
REPORT TO:City Commission
FROM:Rhonda Edwards, Accounts Payable Clerk
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:May 20, 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 May 21 & 28, 2025, due to there not being a meeting on May
27, 2025
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: August 21, 2024
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Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
SUBJECT:Authorize the Destruction of Municipal Records in Accordance with MCA, 7-
5-4124 as Authorized by the Local Records Committee per MCA 2-6-1202
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Authorize the Destruction of Municipal Records as submitted
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:Disposition & Destruction of Public Records
By state law (7-5-4124 MCA) All requests to dispose municipal records must
be approved by the governing body.
Cities and towns may dispose of records that have met their retention
requirements provided they are:
not subject to a legal or regulatory hold
the disposal is carried out in accordance with federal/state/local laws
and a retention schedule approved by the LGRC (2-6-1202 MCA,)
and/or
a court order
The attached disposition forms have met the requirements and disposal is
authorized by the State of Montana.
UNRESOLVED ISSUES:City staff are formalizing a records disposal process and policy and will be
presenting a future ordinance for review by the City Commission.
ALTERNATIVES:Disallow the destruction of records and require continued storage of the
same.
FISCAL EFFECTS:None
Attachments:
RM88 HR Destruction Police.pdf
5
RM88 HR Destruction 2021.pdf
02102025134745.pdf
Report compiled on: May 13, 2025
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RECORDS DESTRUCTION DOCUMENT (RM88)
NO. 1
PAGE 1 OF 1 PAGES
1. AGENCY NAME AND DIVISION/PROGRAM:
City of Bozeman
Human Resources
2. AGENCY CONTACT:
NAME: Eilis Redmond
PHONE #: 406-582-2930 EMAIL: egehle@bozeman.net
3. NOTICE OF INTENTION: The schedule records listed in Item 5 are to be disposed of in the manner checked below (specify only one).
Delete Incinerate Shred as Classified Toss without Restriction
Other: Explain
4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements or Offer
to the State Historical Society Archives has been fully justified, and that further retention is not required for any litigation pending or
imminent. Documentation attached from Historical Society.
SIGNATURE:
NAME AND TITLE: Eilis Redmond, HR Generalist
DATE: 04/21/2025
5. LIST OF RECORD SERIES
NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed.
a.
Retention
Schedule
Number
b.
Item number listed
on Retention
Schedule
c.
Record Series Title
d.
Retention in
months/years
e.
Inclusive
Dates
f.
Volume in
Cubic Feet
g.
Disposition Action
and Date
completed after
Authorization
8 18
2000 to 2021 Police Requisition for
Hiring
2 years after end of fiscal
year
2000 to
2021 5.0
6. DISPOSAL AUTHORIZATION: Disposal for the above listed
records is authorized. Any deletions or modifications are indicated. Custodian/Records Manager
Name: Date:
Signature:
7. DISPOSAL CERTIFICATE: The above listed records have been
disposed of in the manner and on the date shown in column g. Name and Title: Signature:
7
5. LIST OF RECORD SERIES-CONTINUED
NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed.
a.
Retention
Schedule
Number
b.
Item number listed
on Retention
Schedule
c.
Record Series Title
d.
Retention in
months/years
e.
Inclusive
Dates
f.
Volume in
Cubic Feet
g.
Disposition Action
and Date
completed after
Authorization
8
RECORDS DESTRUCTION DOCUMENT (RM88)
NO. 1
PAGE 1 OF 1 PAGES
1. AGENCY NAME AND DIVISION/PROGRAM:
City of Bozeman
Human Resources
2. AGENCY CONTACT:
NAME: Eilis Redmond
PHONE #: 406-582-2930 EMAIL: egehle@bozeman.net
3. NOTICE OF INTENTION: The schedule records listed in Item 5 are to be disposed of in the manner checked below (specify only one).
Delete Incinerate Shred as Classified Toss without Restriction
Other: Explain
4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements or Offer
to the State Historical Society Archives has been fully justified, and that further retention is not required for any litigation pending or
imminent. Documentation attached from Historical Society.
SIGNATURE:
NAME AND TITLE: Eilis Redmond, HR Generalist
DATE: 04/14/2025
5. LIST OF RECORD SERIES
NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed.
a.
Retention
Schedule
Number
b.
Item number listed
on Retention
Schedule
c.
Record Series Title
d.
Retention in
months/years
e.
Inclusive
Dates
f.
Volume in
Cubic Feet
g.
Disposition Action
and Date
completed after
Authorization
8 18 2021 Requisition for Hiring
1 years after end of fiscal
yeae 2021 3.0
8
8
6. DISPOSAL AUTHORIZATION: Disposal for the above listed
records is authorized. Any deletions or modifications are indicated. Custodian/Records Manager
Name: Date:
Signature:
7. DISPOSAL CERTIFICATE: The above listed records have been
disposed of in the manner and on the date shown in column g. Name and Title: Signature:
9
5. LIST OF RECORD SERIES-CONTINUED
NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed.
a.
Retention
Schedule
Number
b.
Item number listed
on Retention
Schedule
c.
Record Series Title
d.
Retention in
months/years
e.
Inclusive
Dates
f.
Volume in
Cubic Feet
g.
Disposition Action
and Date
completed after
Authorization
10
5. LIST OF RECORD SERIES-CONTINUED
NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed.
a.
Retention
Schedule
Number
b.
Item number listed
on Retention
Sc hed u le
c.
Record Series Title
d.
Retention in
months/yea rs
e.
lnclusive
Dates
f.
Volume in
Cubic Feet
c.
Disposition Action
and Date
completed after
Authorization
29 51 Timesheets 2 vears 2020 Shred
29 22 Storv Distri buting I nvoices 3 years
2006-
20rt Toss
29 51 Timesheets 2 vears 2015 Shred
29 16 Completed Work Orders 2 years 202t Toss
29 16 Completed Work Orders 2 years 2022 Toss
29 15 New Charges/ Dumpsters/ Rolloffs 2 years 2022 Toss
29 16 New Charges/ Dumpsters/ Rolloffs 2 years 2020 Toss
29 51 Timesheets 2 years
20L5-
2016 Shred
29 51 Timesheets 2 years
20L7-
2018 Sh red
29 16 Completed Work Orders 2 vears 2019 Toss
29 16 Completed Work Orders 2 years 2022 Toss
29 22 Logan Landfill Tickets 3 vears 2019 Toss
29 16 Completed Work Orders 2 vears
202t-
2022 Toss
29 16 New Charges/ Dumpsters/ Rolloffs 2 years 202t Toss
29 22 Losan Landfill Tickets 3 years 2018 Toss
29 51 Timesheets 2 years 2018 Shred
29 51 Timesheets 2 vears
2016-
20t7 Shred
29 16 New Charges/ Dumpsters/ Rolloffs 2 Vears
2018-
20!9 Toss
11
5. LIST OF RECORD SERIES-CONTINUED
NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed.
a.
Retention
Schedule
Number
b.
Item number listed
on Retention
Schedule
c.
Record Series Title
d.
Retention in
months/years
e.
lnc lusive
Dates
f.
Volume in
Cubic Feet
o
Disposition Action
and Date
completed after
Authorization
29 15 Automated Tub Routes 2 years 2014 Toss
29 16 Curbside Recvclins Routes 2 years
2013-
2015 Toss
29 16 Special Pickup Forms 2 years 2015 Toss
29 16 Completed Work Orders 2 years 2018 Toss
29 16 Residentia I Sta rt/ Stops 2 vears
20t3-
20L6 Toss
29 L6 Roll Offs & Dumpster Forms 2 years 20t6 Toss
29 L6 Completed Work Orders 2 vears 20t7 Toss
29 16 Work Order Forms 2 years 2077 Toss
29 16 Work Order Forms 2 vears 2018 Toss
29 16 Work Order Forms 2 years 20t9 Toss
29 16 Work Order Forms 2 years
20t7-
2018 Toss
29 15 Recycling Routes 2 years 2015 Toss
29 36 SWMD Reports 0 2007 Toss
29 2t Equipment Manuals 0 Toss
29 15 Completed Workorders 2 years 2020 Toss
29 16 New Charges/ Dumpsters/ Rolloffs 2 years 202L Toss
29 16 New Charges/ Dumpsters/ Rolloffs 2 years
2020-
202r Toss
29 16 New Charges/ Dumpsters/ Rolloffs 2 years 2022 Toss
29 22 Logan Landfill Tickets 3 years 20t9 Toss
29 tt Logan Landfill Tickets 3 years 2020 Toss
29 15 Completed Work Orders 2 years
2018-
2019 Toss
29 16 Completed Work Orders 2 vears 2020 Toss
29 51 Timesheets 2 years 2012 Shred
29 51 Timesheets 2 years 2014 Shred
12
RECORDS DESTRUCTION DOCUMENT (RM88)
NO. Solid Waste 1
PAGElOF2PAGES
1. AGENCY NAME AND DIVISION/PROGRAM:
City of Bozeman Solid Waste Division
2. AGENCYCONTACT:
NAME: Mike Maas
PHONE #:EMAIL:
3. NOTICE OF INTENTION: The schedule records listed in ltem 5 are to be disposed of in the manner checked below (specify only one).
! Oetete ! lncinerate I SfrreO as Classified I foss without Restriction
I otner: Explain
4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements or Offer
to the State Historical Society Archives has been fully justified, and that further retention is not required for any litigation pending or
imminent. Documentotion ottoched from Historical Societv.
n-
SIGNATURE:r {7\
NAME AND TlTlffiney Bateman, Admin. Assistant
DATE: 2.10.2025
5. LIST OF RECORD SERIES
NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed.
a.
Retention
Sched u le
Number
b.
Item number listed
on Retention
Schedule
c.
Record Series Title
d.
Retention in
months/years
e.
lnclusive
Dates
f.
Volume in
Cubic Feet
c.
Disposition Action
and Date
completed after
Authorization
29 2T Asset Records 0 2016 Toss
29 16 Recycling Route Lists 2 vears 20t4 Toss
29 76 Tub Pickup Orders 2 years 2010 Toss
29 16 Old Route Lists 2 vears
20tt-
2072 Toss
29 16 Special Pickups/ Route Lists 2 years 2072 Toss
29 22 4 Corners Recvcline Scale Tickets 3 vears 20LT Toss
29 21 Side Load Specs 0 2008 Toss
29 36 GWSD Records 0
2007-
20L2 Toss
6. DISPOSAI AUTHORIZATION: oisposal for the above listed
records is authorized. Any deletions or modifications are indicated.
Custodian/Records Manager
Name: Date:
Signature:
7. DISPOSAL CERTIFICATE: The above listed records have been
disposed of in the manner and on the date shown in column g.
Name and Title: Brittney Bateman, Admin. Assistant
Signatu re:
13
Memorandum
REPORT TO:City Commission
FROM:Griffin Nielsen, Project Engineer
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Notice of Award and Contract
Documents with Omdahl Excavation & Utilities, LLC for the North 11th
Avenue Water Main Repair
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the Notice of Award and Contract
Documents with Omdahl Excavation & Utilities, LLC for the North 11th
Avenue Water Main Repair.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:On January 31st, 2025, the City’s Utility Department identified a water main
leak on a section of the water distribution system, housed in a casing pipe,
located beneath Interstate-90 along the N 11th Avenue alignment. The City’s
Water Department was able to isolate the section of water main from
service to stop the leak; however, repair of the leak requires the removal of
the main from the casing. Removal and reinstallation of the main from the
casing falls outside the operational capability of the Water/Sewer Division.
As such, contractor assistance is required to compete the repairs.
The City performed a solicitation of quotes from qualified contractors on
April 15th, 2025 to perform the necessary work and received three quotes
by the deadline of May 1st, 2025. The low quote was submitted by Omdahl
Excavation & Utilities, LLC. After review, staff recommend contract award to
Omdahl Excavation & Utilities, LLC.
Attached are the Notice of Award and Contract Documents. The work
comprises removal of the section of existing water main from casing pipe
and insertion of a new water main. The work is to be completed within 14
calendar days of the issuance of the notice to proceed.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
14
FISCAL EFFECTS:The contract amount totals $79,330, which will be funded from the City
Water Pipe Replacement Program, capital improvement plan Number W04.
Funding has been coordinated with existing obligated spending in FY25 and
planned funding in FY26 to fall within the available budgets.
Attachments:
N 11th Water Main Repair_NOA_Omdahl Excavation.pdf
N 11th Water Main Repair_Contract Documents.pdf
Report compiled on: May 8, 2025
15
NOTICE OF AWARD
Dated: __________________________
TO: Omdahl Excavation & Utilities, LLC
ADDRESS: P.O. Box 9, Belgrade, MT 59714
PROJECT: North 11th Avenue Water Main Repair
CONTRACT FOR:
You are notified that your quote dated April 31st, 2025, for the above Contract has been considered. You
are the apparent low quote and have been awarded a work for removing and installing water main within
an existing casing pipe.
The Contract Price of your Contract is: seventy-nine thousand three hundred and thirty and 00/100
Dollars ($79,330.00).
Two 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 2 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
Agreement Section 23 and Montana Public Works Standard Specifications (MPWSS) General
Conditions Article 2 using Form C-610 and C-615 or an form approved by the Owner.
3. List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in
the Agreement Section 23 and MPWSS General Conditions Article 2.
You must deliver with the executed Agreement the Power of Attorney as specified in
the MPWSS General Conditions Article 2.
Failure to comply with these conditions within the time specified will entitle OWNER to consider to annul
this Notice of Award.
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: _______________________________
16
Page 1 of 20
CONTRACT AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the OWNER OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of
Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________,
hereinafter referred to as “Contractor.” The Owner and Contractor may be referred to individually
as “Party” and collectively as “Parties.”
In consideration of the covenants, agreements, representations, and warranties contained
herein, the parties agree as follows:
1. Work to be Performed: A description of the work to be performed (the “Work”)
is set forth in the attached Scope of Services as described in the Request for Quotes (Attachment
A) and shown on the plans (Attachment B) which is incorporated herein by this reference. 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 Owner 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. Attachment A – Request for Quotes
c. Attachment B – Plans
d. Attachment C - Boring and Jacking Specifications
e. Proof of Insurance and Performance and Payment Bonds.
f. Montana Public Works Standard Specifications, __7__ Edition (MPWSS), and as
further amended by the Owner of Bozeman Modifications to MPWSS dated October, 2024.
g. Notice to Proceed.
h. PENDING – MDT Permit
17
Page 2 of 20
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).
3. Time of Performance: Contractor shall begin the Work after receiving a Notice to
Proceed from Owner and shall complete the Work with fourteen days (14). Time is of the essence
of completion of all work and each phase of the Work.
Liquidated Damages. Owner and Contractor recognize that time is of the essence in this
Agreement and that OWNER will suffer financial loss if the Work is not substantially complete
within the time specified above, plus any extensions thereof allowed in accordance with the
General Conditions. They also recognize the delays, expense and difficulties involved in proving,
in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not
substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR
shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified
herein until the Work is substantially complete.
4. Payment:
a. Upon satisfactory final completion and acceptance of the Work, Owner shall pay
to Contractor, and Contractor shall accept as full payment for the performance of this
Agreement and the Work, the amount of _________________ dollars ($_____________).
b. If work not included within the Scope of Services, Attachment 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. The OWNER may retain five (5) percent of the amount due the CONTRACTOR
in accordance with the General Conditions and as outlined herein.
e. Upon acceptance of final payment and for other good and valuable consideration,
Contractor shall and hereby does release and forever discharge City, its officers, agents,
and employees of and from any and all claims, demands, actions, causes of action,
obligations, and liabilities of every kind and character whatsoever, in law and in equity,
whether now known or in the future discovered, arising from or related to this Agreement
or the Work that Contractor may have or assert against City, its officers, agents, and
employees.
18
Page 3 of 20
f. Contractor warrants and guarantees to Owner 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. Owner has the right to inspect and test any and all Work performed by Contractor.
Contractor shall allow Owner 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 Owner and its agents is
for the sole benefit of the Owner 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 Owner of any
portion of the 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 Owner 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 Owner to do so, the
Owner 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 Owner 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
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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
near the site will be entirely that of Contractor and that no claim shall be made against the
Owner by reason of any act of an employee or trespasser. It shall be further understood
that should any occasion arise necessitating access by the Owner 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. 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.
e. 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
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condition as at the commencement of the Work. Any disturbed landscaped areas shall be
properly restored.
f. Work Sequence. The Contractor shall schedule the work to minimize
inconvenience to the Owner 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.
g. Working hours. The contractor shall limit working hours to 7:00AM. To 5:00P.M.
Monday through Friday, until authorized in writing by the City. Emergency work may be
done without prior permission.
h. All existing Owner of Bozeman water main valves shall be operated by
authorized personnel of the Owner of Bozeman only. The Contractor shall not operate
any existing valves without the written consent of the Owner of Bozeman.
i. 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 Owner 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.
j. 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.
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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.
g. CHLORINATION AND TESTING
6) Coordination: CONTRACTOR shall coordinate and receive prior
approval of its chlorination and disinfection plan with the Owner of
Bozeman Water and Sewer Operations Superintendent.
7) Water: Water required for water main flushing, filling, and
hydrostatic pressure and leakage testing shall be provided at no cost to the
CONTRACTOR.
8) Flushing : CONTRACTOR shall provide a means for flushing and
bleeding air from water lines. For flushing, a minimum of one 2" tap (corp
and saddle) for pipe less than 12 inches diameter and two 2" taps (corp
and saddles -with l' separation) for pipe 12 inches diameter and greater,
shall be installed on the piping if other means (fire hydrants, tapped plugs,
etc.) are not available. CONTRACTOR shall be responsible for the proper
disposal of all chlorinated water. For bleeding air, it shall require a
minimum of 3/4" tap (corp and saddle) on the piping if other means (fire
hydrants, tapped plugs, etc.) are not available. Corps shall be removed
after testing is completed and replaced with brass plugs.
Any corp, saddles, or other pipe or fittings required for flushing or
bleeding air from water lines shall be incidental to the water main
construction.
9) Chlorine: If the “tablet” method of chlorination is used, only the
granule hypochlorite shall be used.
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 Owner written notice thereof. Further, Contractor shall, within ten (10) days
of the termination of such delay, give the Owner written notice of the total actual duration of the
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delay. If the Owner is provided with these required notices and if the Owner 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 Owner 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 Owner 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 Owner 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 Owner 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 Owner 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 Work Schedule
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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 Owner 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 Owner 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 Owner of completing the work,
including all costs paid to any subcontractors or third parties retained by the Owner 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 Owner 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 Owner to cease work on the Work, the Owner may terminate this
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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
Owner 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 Owner 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 Owner 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:
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a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _______________________ or such other individual as Owner shall
designate in writing. Whenever approval or authorization from or communication or
submission to Owner 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 Owner personnel or agents and may receive approvals or
authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the purpose of
this Agreement shall be ____________________ or such 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, Owner 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 Owner 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 Owner 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.
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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 Owner (“Owner Documents
and Information”). All Owner Documents and Information shall be the exclusive property of the
Owner and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and
interest in and to the Owner Documents and Information, including but not limited to, all copyright
and patent rights in and to the Owner 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 Owner 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.
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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. Owner 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. Independent Contractor Status/Labor Relations:
a. 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.
b. Contractor shall comply with the applicable requirements of the Workers’
Compensation Act, Title 39, Chapter 71, 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.
c. Contractor shall furnish the Owner with copies showing one of the following: (1) a
binder for workers’ compensation coverage by an insurer licensed and authorized
to provide workers’ compensation insurance in the State of Montana; or (2) proof
of exemption from workers’ compensation granted by law for independent
contractors.
d. Contractor shall post a legible statement of all wages and fringe benefits to be paid
to the Contractor’s employees and the frequency of such payments (i.e., hourly
wage employees shall be paid weekly). Such posting shall be made in a prominent
and accessible location at the Contractor’s normal place of business and shall be
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made no later than the first day of services provided under this Agreement. Such
posting shall be removed only upon expiration or termination of this Agreement.
e. In performing the services under this Agreement, Contractor shall give preference
to the employment of bona fide residents of Montana, as required by §18-2-403,
MCA, as such term is defined by §18-2-401(1), MCA. When making assignments
of work, Contractor shall use workers both skilled in their trade and specialized in
their field of work for all work to which they are assigned.
f. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe
benefits, and expenses, including travel allowances as set forth in the current
Montana Prevailing Wage Rate for Construction Services in effect and applicable
to Gallatin County, Montana, which schedule is incorporated herein. Contractor
shall pay all hourly wage employees on a weekly basis. Violation of the
requirements set forth in the above State of Montana schedule of prevailing wage
rates may subject the Contractor to the penalties set forth in §18-2-407, MCA.
Contractor shall maintain payroll records during the term of this Agreement and for
a period of three (3) years following termination of this Agreement.
g. The Contractor shall ensure that any person, firm or entity performing any portion
of the services under this Agreement for which the contractor, subcontractor or
employer is responsible, is paid the applicable standard prevailing rate of wages.
h. In the event that, during the term of this Agreement, any labor problems or disputes
of any type arise or materialize which in turn cause any services to cease for any
period of time, Contractor specifically agrees to take immediate steps, at its own
expense and without expectation of reimbursement from City, to alleviate or
resolve all such labor problems or disputes. The specific steps Contractor shall take
shall be left to the discretion of Contractor; provided, however, that Contractor shall
bear all costs of any related legal action. Contractor shall provide immediate relief
to the Owner so as to permit the services to continue at no additional cost to City.
i. Contractor shall indemnify, and hold the Owner harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or
occurring in connection with any labor problems or disputes or any delays or
stoppages of work associated with such problems or disputes and for any claims
regarding underpaid prevailing wages.
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21. Subcontractors:
a. Contractor may employ subcontractors for any part of the Work. Contractor shall
provide Owner 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 Owner 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, Owner 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.
22. Indebtedness and Liens: Before Owner may make any final payment to
Contractor, Contractor shall furnish Owner 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 Owner may either withhold any money due to Contractor
until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If
any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the
Contractor shall immediately notify the Owner and shall cause the same to be discharged of record
within thirty (30) days after its filing.
23. 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
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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 Owner
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 Owner 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 Owner 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 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 Contractor was
obligated to defend the claim(s) or was obligated to indemnify the Owner for a claim(s) or
any portion(s) thereof.
e. In the event of an action filed against Owner resulting from the City’s performance
under this Agreement, the Owner may elect to represent itself and incur all costs and
expenses of suit.
f. Contractor also waives any and all claims and recourse against the City, including
the right of contribution for loss or damage to person or property arising from, growing out
of, or in any way connected with or incident to the performance of this Agreement except
“responsibility for [City’s] own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
g. These obligations shall survive termination of this Agreement and the services
performed hereunder.
h. In addition to and independent from the above, Contractor shall at Contractor’s
expense secure insurance coverage through an insurance company or companies duly
licensed and authorized to conduct insurance business in Montana which insures the
liabilities and obligations specifically assumed by the Contractor in this Section. The
insurance coverage shall not contain any exclusion for liabilities specifically assumed by
the Contractor in 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 Owner without limit and without regard to the cause therefore and
which is acceptable to the Owner and Contractor shall furnish to the Owner an
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accompanying certificate of insurance and accompanying endorsements in amounts not
less than as shown below:
• Workers’ Compensation – not less than statutory limits;
• Employers’ Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate;
• Commercial General Liability - $1,500,000 per occurrence; $3,000,000 annual
aggregate;
• Products and Completed Operations – $3,000,000;
• Automobile Liability - $1,500,000 property damage/bodily injury; $3,000,000
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 Owner in an
amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism,
malicious mischief, earthquake, collapse, debris removal, demolition occasioned
by enforcement of laws, water damage, flood if site within a flood plain, repair or
replacement costs, testing and start-up costs) on an all risk coverage basis. This
insurance must include waivers of subrogation between the Owner and Contractor
to the extent that damage to the Work or Owner Hall is covered by other
insurance;
• Owner’s and Contractor’s Protective Liability: one policy designating the
Owner (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 -
$1,500,000 per occurrence; $3,000,000 aggregate;
• Contractual Liability Insurance (covering the Contractor’s indemnity
obligations described in this Agreement) - $1,500,000 per occurrence $3,000,000
aggregate
The amounts of insurance provided shall be exclusive of defense costs. The Owner 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 Owner and shall include
no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify
Owner within two (2) business days of Contractor’s receipt of notice that any required
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insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The Owner must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
24. Performance and Payment Bonds: The Contractor shall furnish a Performance
Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred Percent
(100%) of the Agreement amount.
25. 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 Eighty Thousand
Dollars ($80,000) or more. This license fee is paid to the Montana Department of Revenue.
26. 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.
27. 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 Owner
Attorney’s Office staff..
28. Survival: Contractor’s indemnification and warranty obligations shall survive the
termination or expiration of this Agreement for the maximum period allowed under applicable
law.
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29. 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.
30. Waiver: A waiver by Owner 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.
31. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
32. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
33. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
34. Amendments: This Agreement may not be modified, amended, or changed in any
respect except by a written document signed by all parties.
35. 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.
36. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
37. 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 Owner without the prior written consent of City.
38. 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.
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39. 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.
40. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, Contractor and Owner have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby.
OWNER OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Chuck Winn, Owner Manager
Print Name:
Title:
APPROVED AS TO FORM:
By: _______________________________
Greg Sullivan, Owner Attorney
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Page 1 of 3
To: Byron Omdahl - Omdahl Excavation & Utilities Inc.
From: Griffin Nielsen, PE - City of Bozeman Water Resource Engineer
Date: April 15th 2025
Subject: Request for Quote - North 11th Ave. Water Main Repair
Introduction The City of Bozeman (City) is requesting quotes for a small-scale water repair project on an existing section of water main , which runs beneath Interstate-90, within a casing pipe along the N. 11th Ave. alignment. The main has been removed from service due to a leak discovered on January 31st, 2025. The exact location and cause of the leak have not been identified. The primary purpose of this project is to return the main to service, as the main is one of the few crucial connections for the City’s water distribution system beneath I-90. Project Scope The project consists of removing the section of 12-inch restrained joint ductile iron water main from the 30” steel casing pipe, then installing a new 12-inch restrained joint ductile iron water main and chocks within the casing pipe, sealing the ends of the casing pipe, , and reconnecting the main. The new 12-inch restrained joint ductile iron water main will be provided by the City; all other materials, including new chocks, will be provided by the contractor. After the existing main has been removed but prior to the installation of the new main, the City Water Department will TV the casing pipe to check for major defects. If defects are discovered, the work will be stopped. The existing section of the main has been fully isolated with existing valves on either side of the casing. The City will be installing a new valve on the north side of the casing to allow for construction to occur without the need for temporary water service. Schedule Time is of the essence; the City would like the project completed by July 1st, 2025, prior to the period of peak demand. The contractor will be allowed 14 calendar days to complete the work. Work will be limited to 7 AM to 5 PM Monday through Friday. The City may approve expanded hours and/or weekend work.
Access and Permitting: The south end of the casing pipe is located within the I-90 right-of-way. The City is in the process of obtaining the necessary approval from the Montana Department of Transportation to allow the work to be completed. The contractor is expected to meet the requirements and conditions MDT may have concerning the work. Based on the initial coordination with MDT during the original leak discovery, excavation of the southern
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end of the casing, it's anticipated that MDT will require a single lane closure on the westbound lane of I-90. The north end of the case pipe extends one foot outside of the MDT ROW. From the north end of the casing, the water main is centered in a twenty-foot-wide City water main easement. De-watering is anticipated as groundwater has been observed at or below the elevation of the main. Bore logs from the original project file, included as Attachment F, recorded groundwater at 4ft BGS on the south side and 6ft BGS on the north side. If discharging to State Waters, a Construction De-watering Permit (CDWP) will be required. The project is with the Bozeman Solvent Site, so as part of the CDWP, DEQ will require the groundwater to be sampled for perchloroethylene (PCE); however, based on other monitoring in the area, the City anticipates concentrations are low enough that mitigation will not be required. Contract The attached construction contract will be used to contract the work. The contract references the Montana Public Works Standard Specification 7th Edition (MPWSS), the current City of Bozeman Modifications to the MPWSS, and includes Boring and Jacking Specifications. Performance and Payment Bonds and insurance will be required prior to the issuance of the Notice to Proceed.
Response The City requests quotes be emailed to gnielsen@bozeman.net by 5:00 p.m. on Thursday, May 1st, 2025. To provide a quote, please complete and sign the quote below and the Non-discrimination and Equal Pay Affirmation form, and send these to the email above. There will be no public bid opening, no pre-bid meeting, and bid security is not required. Please contact to Griffin Nielsen at (406) 582-2279 or gnielsen@bozeman for any questions or to schedule a site visit. Attached:
• Attachment A – Nondiscrimination and Equal Pay Affirmation
• Attachment B – Project Location Map
• Attachment C – As-builts
• Attachment D – Construction Contract
• Attachment E – Original Construction Photos
• Attachment F – Bore Logs
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4,5140.1
Miles
This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or
surveying purposes. Users of this information should review or consult the primary data and information sources to
ascertain the usability of the information. Feet
5250
Legend
263
Location
525
04/07/2025
Created By:
Created For:
Date:
FIGURE 1 - North 11th Water Main Repair
System Valves
Mains
Active
Abandoned
Street Names
City Limits
World Imagery
Low Resolution 15m Imagery
High Resolution 60cm Imagery
High Resolution 30cm Imagery
Citations
1.2m Resolution Metadata
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Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Jamie Grabinski, Grants Coordinator
Aaron Funk, Controller
Melissa Hodnett, Finance Director
SUBJECT:Authorize the City Manager to Sign a Grant Agreement with Gallatin County
for the Open Lands Grant Program for the Story Mill Community Park Splash
Pad Project
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Sign a Grant Agreement with Gallatin County
for the Open Lands Grant Program for the Story Mill Community Park Splash
Pad Project.
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:Each year the Gallatin County Open Lands Program has a call for proposal for
projects that provide recreation, protect water quality of streams and rivers,
manage growth, or protect wildlife areas within Gallatin County. The City of
Bozeman Parks and Recreation Department applied for an Open Lands grant
for the Story Mill Community Park Splash Pad Project for $100,000 and the
application was approved.
This is notice of the grant award agreement between Gallatin County and the
City of Bozeman on behalf of this project.
The Story Mill Community Park Splash Pad is the first of its kind for the City
of Bozeman. This project design incorporates unique aspects of the Gallatin
Valley's agricultural history alongside imagery of nature. This project
provides sensory play for children and will encourage recreation and physical
activity.
Additionally, this project accomplishes one of the goals in the 2023 City of
Bozeman Comprehensive Parks, Recreation and Active Transportation Plan
(PRAT Plan).
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission.
49
FISCAL EFFECTS:Total expenditures for this portion of the Splash Pad project are estimated at
$100,000. Expenditures will be made in the Parks and Trails District fund and
may require a future budget amendment. Talk to Jonathon prior to
finalizing.
Attachments:
Grant_Award_Agreement_Bozeman_2025.docx.pdf
Report compiled on: May 6, 2025
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Page 1 of 8
GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT
GALLATIN COUNTY OPEN SPACE LEVY FUND
FOR “OTHER ELIGIBLE PROJECT” FUNDING
GRANT AWARD AGREEMENT
1. PARTIES AND CONTACT REPRESENTATIVES: This GALLATIN COUNTY OPEN
SPACE LEVY FUND FOR OTHER ELIGIBLE PROJECT FUNDING GRANT AWARD
AGREEMENT (this “GRANT AWARD AGREEMENT”), is made between GALLATIN
COUNTY, 311 West Main, Bozeman, MT 59715 (“COUNTY”) AND CITY OF
BOZEMAN, P.O. Box 1230, Bozeman, MT 59771 (“APPLICANT”) and (“PROPERTY
OWNER/(S)”) (together APPLICANT and PROPERTY OWNER/(S), are “GRANTEES”)
(collectively COUNTY and GRANTEES, are “PARTIES”).
COUNTY designates Sean O’Callaghan, Gallatin County Chief Planning Officer, 311 West
Main, Bozeman, MT 59715, (406) 582-3130, sean.ocallaghan@gallatin.mt.gov as its contact
representative.
GRANTEES designate Addi Jadin, Park Planning and Development Manager, P.O. Box
1230, Bozeman, MT 59771, (406) 582-2908, ajadin@bozeman.net as its contact
representative.
2. GRANT AWARD: The COUNTY awards to GRANTEES an award of grant funds from the
Open Space Levy Fund for an Other Eligible Project in the amount of $100,000 (the
“GRANT AWARD”).
3. STATEMENT OF WORK: GRANTEES shall complete the work and obligations as
described in this GRANT AWARD AGREEMENT and set forth in the GALLATIN
COUNTY OPEN SPACE LEVY FUNDING APPLICATION “OTHER ELIGIBLE
PROJECTS” CATEGORY (“GRANTEE APPLICATION”) describing the project as
approved, attached to this GRANT AWARD AGREEMENT as EXHIBIT A, and fully
incorporated herein by reference, before the expiration or termination of this GRANT
AWARD AGREEMENT. The COUNTY may compensate or reimburse GRANTEES for
project expenses incurred prior to the execution of the GRANT AWARD AGREEMENT if
included in the GRANTEE APPLICATION, but shall otherwise not be liable to compensate
GRANTEE for any work or expenses performed prior to the execution of this GRANT
AWARD AGREEMENT. The COUNTY shall have no liability to compensate or reimburse
GRANTEES for the delivery of any goods or performance of any services that are not
specifically set forth in this GRANT AWARD AGREEMENT.
If the project that is the subject of GRANTEE APPLICATION involves work that is not
located on public land or land dedicated to public use, GRANTEE acknowledges the
requirement that public access must be provided in the form of a long-term easement or land
use license granting public access. GRANTEE shall record proof of such public access with
the COUNTY Clerk and Recorder and furnish proof of such recordation to COUNTY.
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GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT
Payments to GRANTEES under the GRANT AWARD AGREEMENT may be withheld, in
the sole discretion of the COUNTY, until adequate record(s) evidencing public access have
been provided to COUNTY.
4. PAYMENTS TO GRANTEES:
a. Maximum Amount: the maximum amount payable under this GRANT AWARD
AGREEMENT is the GRANT AWARD amount, as determined by the COUNTY. If the
project cannot be completed for the GRANT AWARD amount, GRANTEE agrees to
provide any additional funds required for the successful completion of the project.
Payments to GRANTEES are limited to the unpaid, obligated balance of the GRANT
AWARD. The COUNTY shall not pay GRANTEES any amount that exceeds the
GRANT AWARD amount as provided above in Section 2 of this GRANT AWARD
AGREEMENT.
b. Payment: GRANTEES shall submit to COUNTY proof of expenditures and any other
requested documentation to support costs and expenditures, including detailed invoices.
GRANTEES acknowledge that payment of GRANT AWARD is contingent upon
COUNTY approval of GRANTEES’ submission.
The COUNTY shall only reimburse allowable costs of project that are: reasonable and
necessary to accomplish the project as set forth in the GRANTEE APPLICATION; and
equal to the actual net cost to GRANTEES (e.g. the price paid minus any items of value
received by GRANTEE that reduce the cost actually incurred).
5. TERM: The Parties’ respective performances under this GRANT AWARD AGREEMENT
shall be effective as the date of execution by the Parties. The GRANT AWARD
AGREEMENT shall terminate on April 29, 2028, unless sooner terminated or further
extended in accordance with the terms of this GRANT AWARD AGREEMENT.
Upon request of the APPLICANT, the Gallatin County Commission may, in its sole
discretion, extend the term of this GRANT AWARD AGREEMENT. A request to extend the
term of the GRANT AWARD AGREEMENT shall be provided in writing at least 30
calendar days prior to the termination date of the GRANT AWARD AGREEMENT and
provide an explanation and rationale for the request and explain any delays.
6. EARLY TERMINATION IN THE PUBLIC INTEREST: The COUNTY is entering into
this GRANT AWARD AGREEMENT to support the purpose of the Gallatin County Open
Space Levy and the public interest. If the GRANT AWARD ceases to further the purposes of
the Gallatin County Open Space Levy or public interest, as determined by the COUNTY, or
if funds used for this GRANT AWARD become unavailable, the COUNTY, in its sole
discretion, may terminate this GRANT AWARD AGREEMENT in whole or in part by
providing written notice to GRANTEES. If the COUNTY terminates this GRANT AWARD
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GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT
AGREEMENT, the COUNTY shall pay GRANTEE an amount equal to the percentage of
the total reimbursement payable under this GRANT AWARD AGREEMENT that
corresponds to the percentage of work satisfactorily completed, as determined by the
COUNTY, less payments previously made. Additionally, the COUNTY, in its sole
discretion, may reimburse GRANTEE for a portion of actual, out-of-pocket expenses not
otherwise reimbursed under this GRANT AWARD AGREEMENT that are incurred by
GRANTEES that are directly attributable to the uncompleted portion of GRANTEES’
obligations, provided that the sum of any and all reimbursements shall not exceed the
maximum amount designated as the GRANT AWARD.
7. REPRESENTATIONS AND WARRANTIES: GRANTEES make the following specific
representations and warranties, each of which was relied on by the COUNTY in entering into
this GRANT AWARD AGREEMENT:
a. Standard and Manner of Performance: GRANTEES shall perform all obligations under
this GRANT AWARD AGREEMENT in accordance with the highest standards of care,
skill, and diligence.
b. Legal Authority: GRANTEES warrant they possess the legal authority to enter into this
GRANT AWARD AGREEMENT and have taken all actions required by its procedures,
by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its
undersigned signatory to execute this GRANT AWARD AGREEMENT, or any part
thereof, and bind GRANTEES to its terms. If requested by the COUNTY, GRANTEES
shall provide the COUNTY with proof of GRANTEE’s authority to enter into this
GRANT AWARD AGREEMENT within 15 days of receiving such request.
c. Licenses, Permits, Etc.: GRANTEES represent and warrant that they have, and that at all
times during the duration of this GRANT AWARD AGREEMENT, that they shall have
and maintain, in GRANTEES’ sole expense, all licenses, certifications, approvals,
insurance, permits, or other authorizations required by law to perform the obligations
under this GRANT AWARD AGREEMENT. Additionally, all employees or agents of
GRANTEES performing any services under this GRANT AWARD AGREEMENT shall
hold all required licenses and certifications, if any, to perform their responsibilities.
8. BREACH OF AGREEMENT: In the event of a breach of the GRANT AWARD
AGREEMENT, the aggrieved party shall give written notice of Breach of the GRANT
AWARD AGREEMENT. If the notified party does not cure the breach, at its sole expense,
within 30 days after the delivery of written notice, the party may exercise the remedies set
forth in the GRANT AWARD AGREEMENT.
9. COUNTY REMEDIES: If GRANTEES are in breach under any provision of this GRANT
AWARD AGREEMENT and fails to cure such breach, the COUNTY, following the notice
and cure period shall have all of the remedies listed in this section, in addition to all other
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GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT
remedies set forth in this GRANT AWARD AGREEMENT or as otherwise provided by law.
The COUNTY may exercise any or all of the remedies available to it, in its discretion,
concurrently or consecutively.
a. Termination for Breach: In the event of GRANTEE’s uncured breach, the COUNTY
may terminate the entire GRANT AWARD AGREEMENT or any part of the
GRANT AWARD AGREEMENT. GRANTEE shall continue performance of this
GRANT AWARD AGREEMENT to the extent not terminated, if any.
To the extent specified in any termination notice, GRANTEE shall not incur further
obligations or render further performance past the effective date of such notice, and
shall terminate outstanding work with third parties.
COUNTY shall only pay GRANTEE for accepted work received as of the date of
termination. If, after termination by the COUNTY, the COUNTY agrees that
GRANTEE was not in breach or that GRANTEE’S action or inaction was excusable,
such termination shall be treated as a termination in the public interest, as set forth
above.
Notwithstanding any other remedial action by the COUNTY, GRANTEES shall
remain liable to the COUNTY for any damages sustained by the COUNTY in
connection with a breach by the GRANTEES, and the COUNTY may withhold
payment to GRANTEE for the purpose of mitigating GRANTEE’S damages until
such time as the exact amount of damages due to the COUNTY from GRANTEE is
determined. COUNTY may withhold any amount that may be due GRANTEES as
the COUNTY deems necessary to protect the COUNTY against loss including,
without limitation, loss of outstanding liens and excess costs incurred by the
COUNTY in procuring from third parties replacement work.
b. Remedies Not Involving Termination: The COUNTY, in its discretion, may exercise
one or more of the following additional remedies:
i. Suspend Performance: Suspend GRANTEES’ performance with respect to all or
any portion of the project pending corrective actions as specified by the
COUNTY and COUNTY shall not be liable for costs incurred by GRANTEE
after the suspension in performance.
j. Withhold Payment: Withhold payment to GRANTEES until GRANTEES correct
the work.
k. Deny Payment: Deny payment for work not performed, or that due to the
GRANTEES’ actions or inactions, cannot be performed or if they were performed
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GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT
are reasonably of no value to the COUNTY; provided, that any denial of payment
shall be equal to the value of the obligations or work not performed.
l. Removal: Demand immediate removal of any GRANTEES’ employees, agents,
or subcontractors from the work whom the COUNTY deems to be incompetent,
careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued
relation to this GRANT AWARD AGREEMENT is deemed by the COUNTY to
be contrary to the public interest.
10. INDEPENDENT CONTRACTOR: GRANTEES shall perform their duties hereunder as
independent contractors and not as an employee of COUNTY. Neither GRANTEES, nor any
agent or employee of GRANTEES, shall be deemed to be an agent or employee of the
COUNTY. GRANTEE shall not have authorization, express or implied, to bind the
COUNTY to any agreement, liability, or understanding.
11. COMPLIANCE WITH LAW: GRANTEES shall comply with all applicable federal and
State laws, rules, and regulations in effect or as hereafter established.
12. WAIVER AND INDEMNIFICATION: To the fullest extent permitted by law,
GRANTEES waive any and all claims and recourse against COUNTY or its officers, agents,
or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the performance or
any obligation under this GRANT AWARD AGREEMENT, except claims arising from the
intentional acts or negligence of the COUNTY or its officers, agents, or employees. To the
fullest extent permitted by law, GRANTEES will indemnify, hold harmless, and defend the
COUNTY and its officers, agents, and employees against any claim, damage, liability, loss,
expense, fee, action or charge (including liability where activity is inherently or intrinsically
dangerous), including attorney’s fees (including fees of the County Attorney) arising out of
GRANTEE’s acts, errors, omissions, or negligence or from GRANTEES failure to comply
with the requirements of this GRANT AWARD AGREEMENT or any applicable law. In the
event of an action filed against COUNTY resulting from GRANTEES’ performance under
this GRANT AWARD AGREEMENT, COUNTY may elect to represent itself and incur all
costs and expenses of suit. These obligations shall survive termination of this GRANT
AWARD AGREEMENT.
13. CHOICE OF LAW AND VENUE: The Parties agree that this GRANT AWARD
AGREEMENT shall be governed and interpreted according to the laws of the State of
Montana. In the event of a dispute arising from or related to this GRANT AWARD
AGREEMENT, venue shall be in the Eighteenth Judicial District of the State of Montana, in
and for the County of Gallatin.
14. INTERPRETATION: The Parties equally having been given an opportunity to review and
have reviewed this GRANT AWARD AGREEMENT, the rule of construction providing that
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GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT
an agreement should be construed against the drafter will not be used in the interpretation of
this GRANT AWARD AGREEMENT. Words shall be given plain meaning and effect.
15. GENERAL PROVISIONS:
a. Assignment: The Parties, respectively, bind themselves, their successors, assigns and
legal representatives to the other party with respect to all terms and conditions of this
GRANT AWARD AGREEMENT. GRANTEES’ rights and obligations under this
GRANT AWARD AGREEMENT are personal and may not be transferred or
assigned without the prior, written consent of the COUNTY. Any assignment or
transfer of GRANTEES’ rights and obligations approved by the COUNTY shall be
subject to the provisions of this GRANT AWARD AGREEMENT.
b. Captions: The captions and headings in this GRANT AWARD AGREEMENT are for
convenience of reference only and shall not be used to interpret, define, or limit its
provisions.
c. Entire Understanding: This GRANT AWARD AGREEMENT and incorporated
exhibits, represent the complete integration of all understandings between the Parties
related to this GRANT AWARD. This GRANT AWARD AGREEMENT supersedes
all prior negotiations, or representations, either written or oral.
d. Modification: The Parties may modify this GRANT AWARD AGREEMENT by a
properly executed formal amendment.
e. Notice: Any notices under this GRANT AWARD AGREEMENT must be in writing
and sent by personal delivery or certified mail to the Parties’ contact representatives.
f. Severability: The invalidity or unenforceability of any provision of this GRANT
AWARD AGREEMENT shall not affect the validity or enforceability of any other
provision of this GRANT AWARD AGREEMENT, which shall remain in full force
and effect, provided the Parties can continue to perform their obligations under the
GRANT AWARD AGREEMENT in accordance with the intent of the GRANT
AWARD.
g. Survival of Certain GRANT AWARD AGREEMENT Terms: Any provision of this
GRANT AWARD AGREEMENT that explicitly imposes an obligation on the Parties
after termination or expiration of the GRANT AWARD AGREEMENT shall survive
the termination
h. Non-Waiver: No waiver of any breach of this GRANT AWARD AGREEMENT will
be held as a waiver of any other subsequent breach thereof.
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GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT
i. Remedies Cumulative: Any remedy provided herein will be taken and construed as
cumulative, and the exercise of any one remedy by the Parties shall not be to the
exclusion of any other remedy.
j. Execution of GRANT AWARD AGREEMENT: The Gallatin County Clerk and
Recorder will keep the original GRANT AWARD AGREEMENT. An exact
unaltered copy of the original GRANT AWARD AGREEMENT has the same force
and effect as the original.
k. Attorney’s Fees: If it is necessary for Parties to bring an action to enforce the terms,
covenants, or conditions of the GRANT AWARD AGREEMENT, the prevailing
party shall be entitled to reasonable attorney fees to be set by the appropriate court,
including fees of the Gallatin County Attorney.
l. No Offer Express or Implied: Transmittal, delivery, or publication of this GRANT
AWARD AGREEMENT shall not be construed as an offer express or implied.
COUNTY shall not be bound to the GRANT AWARD AGREEMENT unless and
until this GRANT AWARD AGREEMENT has been fully executed by the Parties.
AGREED by:
COUNTY COMMISSION
________________________________
CHAIR Date
APPLICANT
________________________________
Date
PROPERTY OWNER
________________________________
Date
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GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT
EXHIBIT A
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Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Senior Water Resources Engineer
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding with
the Middle Creek Water Users Association Providing for Various One Time
Only and Ongoing Annual Payments from the City to the Association to
Offset the Negative Financial Effects to the Association's Remaining
Agricultural Water Users Caused by the Prior Transfers of 500 Total Acre-
Feet of Agricultural Water Contracts to the Citys Municipal Water Contract
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Memorandum of Understanding with
the Middle Creek Water Users Association Providing for Various One Time
Only and Ongoing Annual Payments from the City to the Association to
Offset the Negative Financial Effects to the Association's Remaining
Agricultural Water Users Caused by the Prior Transfers of 500 Total Acre-
Feet of Agricultural Water Contracts to the Citys Municipal Water Contract.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The Middle Creek Water Users’ Association (MCWUA), through a water
marketing contract with the MT DNRC, is responsible for: 1) annual
operations and maintenance of the Hyalite Dam and Reservoir; 2) marketing
corporate shares and water purchase contracts to water users that can
beneficially use reservoir water; and 3) collection of annual revenues
necessary to service any outstanding debt obligations of MCWUA. The MT
DNRC owns Hyalite Dam and Reservoir and the water rights that fill the
reservoir itself.
Rehabilitation improvements to Hyalite Dam were completed in 1994. These
improvements consisted of raising the dam height to store additional water,
replacement of the dam’s principal spillway, and construction of an
emergency spillway. The rehabilitation improvements were funded by a
combination of state grants and a federal loan. The 40-year term of the
federal loan will reach maturity in 2033.
Since the completion of rehabilitation improvements, the City has purchased
– from willing agricultural contract holders – 500 total acre-feet of reservoir
59
water. These purchases have occurred incrementally over time with the first
occurring in 2004 and the last in 2021. Contracts for stored water are limited
to two specific purposes: 1) Agricultural; and 2) Municipal. Each purpose has
a specific repayment rate, set forth in water purchase contracts, to service
the federal loan annual repayment obligations. Upon the City’s purchase of
an Agricultural contract, the MCWUA and MT DNRC will issue the City a new
Municipal water purchase contract to reflect the additional volume acquired.
The MCWUA maintains separate loan repayment reserve accounts for
Agricultural contracts and the City’s Municipal contract.
The City’s acquisition of 500 acre-feet of Agricultural contracts has naturally
reduced the basis upon which MCWUA collects annual revenues from
Agricultural contract holders to service the remaining Agricultural debt
obligations. MCWUA projects a deficit will reach the Agricultural reserve
account prior to federal loan maturity unless additional revenue is received
to cover the Agricultural debt obligations. The City’s reserve account is
projected by MCWUA to reach loan maturity with an excess balance.
Pursuant to the Municipal water purchase contract, any remaining excess
balance at loan maturity must be returned to the City.
The attached memorandum of understanding (MOU) between the City and
Middle Creek Water Users’ Association (MCWUA) has been negotiated in
good faith. The purpose of the MOU is to offset the financial effects to the
remaining Agricultural contract holders realized by the shift of 500 acre-feet
from Agricultural contracts to Municipal.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The MOU imparts a one-time-only (OTO) cash transfer from the Municipal
loan repayment reserve account to the Agricultural loan repayment reserve
account in the total amount of $33,055. The MOU also requires the City, on
a go forward basis through federal loan maturity, to provide annual
repayment obligation to MCWUA for the 500 acre-feet of acquired
Agricultural contracts as if those contracts were still held by agricultural
users.
The OTO cash transfer moves money already paid by the City to MCWUA so
there is no fiscal effect imparted upon the City’s current or proposed
budgets. There will be a go forward annual payment increase of $3,500 to
MCWUA until loan maturity. This marginal increase is readily accommodated
by the Water Fund.
Attachments:
2025-04-16 COB-MCWUA Memorandum of Understanding
(final).pdf
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Report compiled on: May 8, 2025
61
1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is entered into and effective on
_____________________ 2025, between the Middle Creek Water Users’ Association
(“Association”) and the City of Bozeman (“City”) (collectively, “Parties”), for the purposes of
memorializing the Parties understanding of the Association’s Payment Assistance Proposal dated
February 27, 2023 (“Proposal”), the City’s Formal Offer dated September 22, 2023 (“Offer”), the
Association’s Counteroffer dated August 14, 2024 (“Counteroffer”), and the City’s Response to
the Association’s Counteroffer dated September 11, 2024 (“Response”). The Parties will abide by
the terms expressed or referenced herein.
The City, Association, and Department of Natural Resources and Conservation
(“Department”) entered into an updated Water Purchase Contract (“Contract”) dated June 16,
2021. The Contract states that the City shall pay the Association thirty dollars and fifty-five cents
($30.55) per acre-foot of water released for municipal consumption and five dollars ($5.00) per
acre-foot of the water contracted for, but not called for, or used by the City. These charges per
acre-foot are the City’s repayment obligations as identified in the Contract Covering Expenditures
and Repayment of Small Reclamation Projects Act Loan (Contract No. 0-07-60-W0655) (“Loan”).
The Association separately maintains an agricultural shareholders’ reserve account (the
“Agricultural Reserve”) and a City reserve account (the “Municipal Reserve”) for excess funds to
service repayment of the Loan until maturity on December 31, 2033. Repayment of the Loan
obligation is allocated between the City and Agricultural Shareholders based on the number of
shares owned at each annual payment.
The Agricultural Shareholders do not have adequate reserves to repay their portion of the
Loan, in part, based on the transfer of 500 agricultural shares to the City between December 31,
1994, until the execution date of this MOU (“Past Share Transfers”) that have naturally reduced
the agricultural contracts revenue base. The Parties enter this MOU to memorialize the agreement
between the Association and City to mitigate present and future shortfalls in the Agricultural
Reserve to allow the Parties to meet their respective Loan obligations until maturity on December
31, 2033. As such, the Parties agree as follows:
1. One-Time Cash Transfer from the Municipal Reserve to the Agricultural Reserve.
The City authorizes the Association to make a one-time transfer from the Municipal Reserve to
the Agricultural Reserve of $26,055.00. This amount is based on a 1.8% interest rate, calculated
by reviewing the Association’s accounting records to average the estimated annual rate of return
on Agricultural Reserve account investments from 2006 to 2023. The Association is authorized to
make the transfer after execution of this MOU.
2. Go Forward Annual Payments for Past Share Transfers and Any Future Share
Transfers Between the City and Association Through Loan Maturity. On a go forward basis, and
until maturity of the Loan, the City agrees to provide annual payments at the rate of $4.00 per
share, which is the Loan repayment rate set forth in the agricultural Water Purchase Contracts, for
the Past Share Transfers and any new share transfers that may occur between January 1, 2025 and
Loan maturity on December 31, 2033 (“Future Share Transfers”). The annual payment amount for
Past Share Transfers and any Future Share Transfers shall be itemized by the Association on the
City’s annual billing statement as part of the Association’s annual assessment process and shall be
62
2
deposited by the Association in the Agricultural Reserve. After execution of this MOU, the
Association is authorized to make a one-time transfer of $4,000.00 from the Municipal Reserve to
the Agricultural Reserve to retroactively cover annual payments for the Past Share Transfers for
the 2023 and 2024 calendar years.
3. Levy of Additional Loan Repayment Assessment. In addition to the above, the City
agrees to pay for Past Share Transfers, any Future Share Transfers, and any additional Loan
repayment assessment levied against agricultural Water Purchase Contracts at the price per share
established by the Association’s Board of Directors (“Directors”) during its annual budgeting
process. The annual payment amount for any additional Loan repayment shall be itemized by the
Association on the City’s annual billing statement as part of the Association’s annual assessment
process and shall be deposited by the Association in the Agricultural Reserve. After execution of
this MOU, the Association is authorized to make a one-time transfer of $3,000.00 from the
Municipal Reserve to the Agricultural Reserve to retroactively cover additional loan repayment
assessments for the Past Share Transfers for the 2023 and 2024 calendar years.
4. Expiration. Except as provided in Section 5 of this MOU, this MOU will expire at
the time the Loan obligations for both Parties have been met at Loan maturity on December 31,
2033.
5. Exception to MOU Expiration on December 31, 2033, Effective on Occurrence of
Contingency. This MOU will expire in advance of the December 31, 2033 date provided at Section
4 if the Association realizes revenue from the remarketing of shares that have come into its
possession, and the revenue proceeds are sufficient to cover the remaining outstanding Loan
obligations of the Agricultural Shareholders at the time share remarketing revenue is received by
the Association. On the occurrence of this contingency, all payments received by the Association
from the City pursuant to this MOU constitute full performance by the City of its obligations under
this MOU.
EXECUTED this ____ day of ____________________ 2025.
City of Bozeman
By: ______________________________
Print Name: _______________________
Its: ______________________________
Middle Creek Water Users’ Association
By: ______________________________
Print Name: _______________________
Its: ______________________________
63
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize City Manager to Sign a Memorandum of Understanding and Grant
Agreement with Southwest Montana Mountain Bike Association for
Westlake Park Bike Pump Tracks
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize City Manager to Sign a Memorandum of Understanding and Grant
Agreement with Southwest Montana Mountain Bike Association for
Westlake Park Bike Pump Tracks
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:Southwest Montana Mountain Bike Association (SWMMBA) has been
collaborating with the Parks and Recreation Department on the redesign
and construction of the dirt pump track area at Westlake Park since the
initial Cash-in-lieu of Parkland application proposed to City Commission in
2020 and approved with the passing of Resolution 5238 on December 8,
2020. Through the design and construction period, SWMMBA
representatives have assisted with design concepts and construction
oversight. Using grant funding as authorized in 2022 SWMMBA
commissioned construction of prefabricated ramps; assisted with site
preparation such as stripping, screening and stockpiling jump materials; and
assisted with final start hill shaping. As the construction project is scheduled
to be completed in spring 2025, the Parks and Recreation Department and
SWMMBA now seek to formalize a long-term Memorandum of
Understanding (MOU) to describe responsibilities for management and
maintenance of the dirt pump track area. Parks and Recreation also seeks to
issue another grant of $132,000 to help complete the construction including
final jump placement, clay shaping, and the start hill safety fence valued at
$60,000. As described in the MOU, SWMMBA agrees to continue to seek in-
kind labor, material and equipment donations to complete the
aforementioned projects and will continue as a partner to provide the
remaining elements of the Park Master Plan such as perimeter fencing for
the dirt bike course, site furniture, and a tool shed.
UNRESOLVED ISSUES:NA
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ALTERNATIVES:Per Commission
FISCAL EFFECTS:Funding is allocated for completion of the Westlake Park dirt jump facility within the
FY25-26 biennium budget in the Park Land Trust Fund account
Attachments:
2025 SWMMBA MOU.docx
SWMMBA Grant.docx
Report compiled on: April 24, 2025
65
Memorandum of Understanding
Between the City of Bozeman and the Southwest Montana
Mountain Bike Association for the Dirt Jump Bike Facility at Westlake Park
This Memorandum of Understanding (the “MOU”) regarding the dirt jump bike facility at
Westlake Park (the “dirt jump facility” or “dirt jump park” or “facility”) dated for reference
purposes ________, ___, 2025, is entered into between THE CITY OF BOZEMAN,a municipal
corporation organized and existing under its Charter and the laws of the State of Montana, with a
mailing address of PO Box 1230, Bozeman, MT 59771 (the “City”), and SOUTHWEST MONTANA
MOUNTAIN BIKE ASSOCIATION, a non-profit, mountain bike advocacy and education
organization, with a mailing address of PO Box 1855 Bozeman MT 59771 (SWMMBA). For the
purposes of this MOU, SWMMBA and the City may individually be referred to as a “Party” and
may collectively be referred to as the “Parties”. SWMMBA and the City are working together with
the common goal of constructing the dirt jump facility at Westlake Park in the Midtown Urban
District.
RECITALS
A. SWMMBA’s driving ambition is to improve the on-trail experience for mountain bikers
of all experience levels. SWMMBA does so by maintaining existing trails, implementing new trail
projects, and advocating for continued mountain-bike access to public lands. More than anything,
SWMMBA aims to foster an engaged and passionate mountain-bike community throughout
southwest Montana. SWMMBA is a 501(c)(3) that holds a mission statement; enhances access to
trails and advocates for mountain bicyclists in southwest Montana by engaging and educating the
community and building and maintaining trails.
B. The City and SWMMBA have successfully collaborated on park improvements for the
past decade.
C. An informal dirt jump park for bikes was created and maintained by volunteers over the
past 10 years at Westlake Park.
D. With the construction of North 5th Avenue as an investment to support Midtown’s Aspen
Festival Street, the dirt jump park’s expert line was destroyed and SWMMBA volunteers helped
to redesign a new facility including a more formal entry into Westlake Park at the Aspen Street
entrance. Following that history of success and collaboration, the City secured engineering and
landscape architectural services from a qualified local firm for the design and permitting of a dirt
jump bike facility in Westlake Park.
E. Through a grant from the City, SWMMBA prepared the area for construction and
procured prefabricated wooden and steel ramps for the new dirt jump park and assisted in the final
shaping of the start hill to improve safety and inclusivity of more rider skill levels. Now that
construction is nearly complete, final placement of the ramps and shaping of the start hill and dirt
park must be done by an experienced and reputable bike-specific organization. SWMMBA has the
capacity to complete the work either with association members or hiring of subcontractors and
renting equipment as needed.
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Memorandum of Understanding / SWMMBA – WESTLAKE PARK
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F. In addition, the City seeks to enter into a long-term maintenance agreement with
SWMMBA to keep the dirt jump park in good condition and allow for future improvements that
SWMMBA may endeavor to complete.
G. The purpose of this MOU is to describe and formalize the rights and obligations of the
Parties for Phase 1 construction completion of the dirt jump park, maintenance of the facility, and
continued efforts to add capital assets that adhere to the overall Westlake Park Master Plan and
improve the experience of all park visitors.
NOW, THEREFORE, in order to define the rights, obligations and relationships of the
Parties toward each other and toward third parties in carrying out the purposes of this MOU and
to provide for the construction of the final phase of bike jump installation and future improvements,
SWMMBA and the City agree as follows:
AGREEMENT
1.Incorporation of Recitals. The foregoing recitals are incorporated by this reference and are
made a part of this MOU.
2.Project Construction.
2.1SWMMBA’s Obligation to Construct. SWMMBA will perform the remaining work to
open the dirt jump park following the terms of the associated 2025 grant agreement (the “Grant
Agreement”) including placement of jumps, final shaping and grading of dirt jumps, removal of
excess materials, and safety fence around the start hill. SWMMBA’s construction obligations shall
not extend to final landscaping elements as set forth in Section 2.2 below; however, SWMMBA
will assist in organizing volunteers for the City’s tree planting and site furniture installation. Any
changes to work will be agreed upon in writing.
2.2 City’s Obligation to Construct. The City acknowledges and agrees that it shall be solely
responsible for the contracting for and completing the installation of the final landscaping elements
of the facility in accordance with the approved construction drawings and as coordinated with
SWMMBA. The City intends and shall make its best efforts to ensure that the construction
commences in a timely manner to coincide with SWMMBA’s work to open the dirt jump park for
the 2025 season. However, due to the nature of construction operations, the City does not guarantee
that construction will start by this time.
2.3The City retains full authority and discretion over the construction of the dirt jump park,
including but not limited to decisions regarding construction costs and design alterations, subject
to the terms of this Section.
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Memorandum of Understanding / SWMMBA – WESTLAKE PARK
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2.4 The City retains full authority regarding decisions to temporarily cease construction
and select construction substitutions or alternatives to ensure completion of the project in a timely
manner and within the funding available.
2.5 Indemnification and Hold Harmless. SWMMBA agrees to indemnify, defend and hold
the City harmless from and against any and all liability to any third party for or from loss, damage
or injury to persons or property in any manner arising out of, or incident to, errors, or omissions,
or willful misconduct by SWMMBA in connection with performance of its duties hereunder. Both
the City and SWMMBA shall be solely responsible for any contracts they enter into or other
obligations or liabilities incurred by such parties in connection with their respective roles under
this MOU.
3.Construction Funding/Contributions.
3.1 The City’s Financial Commitment. The City acknowledges that the remaining Phase 1
dirt jump park work amounts to at least one hundred fifty-seven thousand dollars ($157,000) based
on best practices of approved project bid. City of Bozeman agrees to disburse up to one hundred
thirty-two thousand dollars ($132,000) of its financial commitment as a donation (“donation”) to
SWMMBA pursuant to the terms of the Grant Agreement.
3.2 SWMMBA’s Contribution. Using donations and in-kind volunteer labor, SWMMBA
will complete construction of the dirt jump parkas set forth in Section 2.1 and provide maintenance
as described below.
4.Maintenance.
SWMMBA Shall
Use employee and qualified volunteer resources to ensure the dirt jump facility is kept up to
expected conditions and manage closures of any features needed for maintenance and safety
improvements. SWMMBA will host a minimum of 2 public volunteer events to allow community
involvement in maintaining the dirt jump park.
City Of Bozeman Shall
Ensure maintenance of the park infrastructure not directly affiliated with the actual bike facility
features, including grass, irrigation, benches, parking, signs, fencing, retaining wall, and public
utilities within the park.
The Parties may enter into specific agreements to partner on other unforeseen repairs and
improvements. At no point shall either party cause an alteration that is detrimental to the efforts of
both Parties to keep the park safe and in good working order.
5. Notices. Notices to the Parties shall be directed as follows:
If to the City:
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Memorandum of Understanding / SWMMBA – WESTLAKE PARK
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City of Bozeman
Parks and Recreation Department
PO Box 1230
Bozeman, MT 59771-1230
Tel:406-582-2908
Attention: Addi Jadin
E-mail: ajadin@bozeman.net
If to SWMMBA:
Southwest Montana Mountain Bike Association
Attn: Acting President
PO Box 1855
Bozeman, MT 59771
Email: president@southwestmontanamba.org
Any notice sent to a Party under this MOU shall be in writing and shall be effective when
received by the recipient. Each Party may change the address at which it is to receive notices by
providing a written notice of its new address for notices to the other Party.
6.Governing Law. This MOU shall be governed by the law of the State of Montana. The
Parties expressly agree to the exclusive jurisdiction of the courts of Gallatin County, Montana.
7. Liberal Construction. This MOU shall be liberally construed to achieve the successful
completion of the purpose(s) of the project. If any provision in this MOU is found to be
ambiguous, an interpretation consistent with the spirit of collaboration and the mutual goals and
objectives of the Parties shall be favored over any interpretation that would be inconsistent with
such purposes and goals.
8.Severability. If any provision of this MOU is found to be invalid, the remainder of the
provisions of this MOU shall not be adversely affected.
9.Entire Agreement; Amendment. This instrument sets forth the entire understanding of
the Parties with respect to the Phase 1 dirt jump park construction and supersedes all prior
discussions, negotiations, understandings, or agreements relating to the construction or this MOU,
all of which agreements or understandings are merged into this MOU. No alteration, amendment
or modification of this MOU shall be valid or binding unless contained in a written amendment
signed by both Parties. It is contemplated that from time to time this MOU can be modified, if
agreed by both Parties, to address developments in the construction and operation of the dirt jump
park.
10.Successors. The terms, conditions, commitments, restrictions and understandings set forth
in this MOU shall be binding upon, and inure to the benefit of, the Parties hereto and their
respective successors and assigns.
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Memorandum of Understanding / SWMMBA – WESTLAKE PARK
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11.Captions. The captions in this MOU have been inserted solely for convenience of
reference and are not a part of this instrument and shall have no effect upon construction or
interpretation.
12.No Partnership or Agency. Neither Party shall be considered a partner or agent of the
other Party, and this MOU does not create a general partnership or principal-agent relationship
between the Parties. Neither Party shall have any right, power or authority to create any obligation,
expressed or implied, on behalf of the other Party. The project is a public-private collaboration
between two separate and independent entities, each of which has a common interest in creating
the dirt jump park, but each of which also has objectives and activities outside the scope of the
construction and this MOU. The joint effort being formed by the City and SWMMBA is not a
separate legal entity and neither SWMMBA nor the City shall have the right to bind the other Party
vis a vis any third party. The purpose of the collaboration is to work together to complete the dirt
jump park and achieve the Parties’ common goals as stated in the Recitals above. While
SWMMBA and the City may cooperate in the creation of other projects in the future, the Parties
acknowledge and agree that the dirt jump park construction is unique, and the terms of this MOU
shall not create a binding precedent with respect to any future projects.
13.Nondiscrimination and Equal Pay. The Parties agree that all hiring by the Parties of
persons performing this Agreement shall be on the basis of merit and qualifications. The Parties
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Parties 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
Parties 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 Parties represent they are, 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). The Parties must report any violations of the Montana Equal Pay Act that the
Parties have been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
The Parties shall require these nondiscrimination terms of subcontractors providing
services under this Agreement.
14. Compliance with Laws. The Parties 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-
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Memorandum of Understanding / SWMMBA – WESTLAKE PARK
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discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
15. Nonwaiver. 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 condition or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
16. Attorney’s Fees and Costs. In the event it becomes necessary for either Party of this
Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then
the prevailing Party shall be entitled to reasonable attorney's fees and costs, including fees, salary,
and costs of in-house counsel to include City Attorney.
17. 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.
18.Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
19.Consent to Electronic Signatures. The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30,
Chapter 18, Part 1, MCA.
By signing below, each Party agrees and acknowledges that this MOU accurately reflects
its mutual understanding, and that each of them agrees to be bound by the terms and conditions of
this MOU.
THE CITY OF BOZEMAN SOUTHWEST MONTANA MOUNTAIN
BIKE ASSOCIATION
BY:
Chuck Winn, City Manager
DATE:
BY:____________
Josh Hortsmann, President
DATE:
Approved as to form:
By:
City of Bozeman, City Attorney
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Memorandum of Understanding / SWMMBA –WESTLAKE PARK
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EXHIBIT A
WESTLAKE PARK DIRT JUMP FACILITY CONCEPTUAL DRAWINGS
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FY 2025-26 Grant Agreement – Westlake Park Dirt Jump Bike Facility Page 1
CITY OF BOZEMAN GRANT AND LICENSE AGREEMENT
SOUTHWEST MONTANA MOUNTAIN BIKE ASSOCIATION – WESTLAKE PARK
DIRT JUMP BIKE FACILITY COMPLETION
THIS AGREEMENT is made and entered into this ____ day of __________, 2025 by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman MT 59771 (“City”) as GRANTOR and Southwest Montana Mountain Bike Association,
a non-profit, mountain bike advocacy and education organization, with a mailing address of PO
Box 1855 Bozeman MT 59771 (SWMMBA). For the purposes of this MOU, SWMMBA and the
City may individually be referred to as a “Party” and may collectively be referred to as the
“Parties”. SWMMBA and the City are working together with the common goal of constructing the
dirt jump facility at Westlake Park in the Midtown Urban District.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, the Parks and Recreation Department seeks to partner with SWMMBA by
providing a grant of $135,000 for completion of construction of the dirt jump facility at Westlake
Park (the “Project”/the “Services”) that would benefit from the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for
a public purpose benefitting the community by providing an urban recreational and active health
facility; and
WHEREAS, the Commission appropriated $324,4000 for the Westlake Park Dirt Jump Facility
in Fiscal Year 2025.
THE PARTIES AGREE:
1.The Grant. The City will grant and release to GRANTEE a sum of up to one hundred
thirty-two thousand dollars ($132,000) from its Park Land Trust Fund (the “Grant”)
pursuant to the payment terms in Section 3.
2.Use of Grant Funds. Grant funds in the amount of up to one hundred thirty-two
thousand dollars ($132,000) will be used by GRANTEE for the sole purpose of
completing the dirt jump bike facility as described in the Westlake Park Scope of Work
proposal coordinated with the Parks and Recreation Department, attached hereto as
Exhibit A and by this reference incorporated herein. Amendments to the Scope of Work
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FY 2025-26 Grant Agreement – Westlake Park Dirt Jump Bike Facility Page 2
shall be coordinated with the City’s Representative as described in Section 10 as allowed
by GRANTEE’s fundraising and in-kind efforts.
3.Payment of Grant Funds
a. GRANTEE may request the Grant funds as needed to complete the scope of work
described in Exhibit A.
b. Unless otherwise approved by the Director of Finance, any funds from the Grant
not awarded during the fiscal year ending June 30, 2026 will remain in the City’s
Park Land Trust Fund and will be available for other appropriation.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of GRANTEE’s representations as set forth in Section
4 are true and correct, and (ii) GRANTEE is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in sole the
determination of the City, the City shall have no obligation to make payment and
the City’s determination to refrain from paying, or its inability to pay, any of the
Grant funds shall not be or result in a default of this Agreement.
4.Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect GRANTEE’s performance under
this Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations in a professional, competent and timely manner and with diligence
and skill; that it has the power to enter into and perform this Agreement and grant
the rights granted in it; and that its performance of this Agreement shall not
infringe upon or violate the rights of any third party, whether rights of copyright,
trademark, privacy, publicity, libel, slander or any other rights of any nature
whatsoever, or violate any federal, state and municipal laws. The City will not
determine or exercise control as to general procedures or formats necessary for
GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
5.Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to develop and/or provide such other
documentation as requested by the City demonstrating GRANTEE’s compliance with the
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requirements of this Agreement. GRANTEE must allow the City, its auditors, and other
persons authorized by the City to inspect and copy its books and records for the purpose
of verifying that monies provided to GRANTEE pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. GRANTEE will retain such records for seven years after receipt of final payment
under this Agreement unless permission to destroy them is granted by the City.
GRANTEE shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
6.Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
the Project.
7.Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not
subject to the terms and provisions of the City’s personnel policies handbook and may
not be considered a City employee for workers’ compensation or any other purpose.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
8.Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this
Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any
Grant funds already delivered to GRANTEE for the Project.
9.Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE
hereby expressly waives any right to claim or recover consequential, special,
punitive, lost business opportunity, lost productivity, field office overhead,
general conditions costs, or lost profits damages of any nature or kind.
b. In the event GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of
damages sought by the claim, within ninety (90) days of the facts and
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circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
10.Representatives
a.City’s Representative. The City’s Representative for the purpose of this
Agreement shall be Addi Jadin, Park Planning and Development Manager, or
such other individual as City may designate in writing. Whenever approval or
authorization from or communication or submission to City is required by this
Agreement, such communication or submission must be directed to the City’s
Representative and approvals or authorizations will be issued only by such
Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, GRANTEE may direct its communication or
submission to other designated City personnel or agents and may receive
approvals or authorization from such persons.
b.GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be Zach Bailey, Operations Manager, or such other
individual as GRANTEE designates in writing. Whenever direction to or
communication with GRANTEE is required by this Agreement, such direction or
communication must be directed to GRANTEE’s Representative; provided,
however, that in exigent circumstances when GRANTEE’s Representative is not
available, City may direct its direction or communication to other designated
GRANTEE personnel or agents.
11.Permission to Access.The City owns the real properties described within the attached as
Exhibit B (“Westlake Park” or “City Property” or “Park Property”) and agrees to
authorize Grantee to access a portion of the Park for purposes of completing alterations
and improvements to fulfill the grant objectives.
12.Title. Grantee hereby acknowledge this Agreement grants a privilege and not an interest
in the Park Property and the title of the City to the Park Property, and Grantee agrees never
to deny such title or claim, at any time, or claim any interest or estate of any kind or extent
whatsoever in the Park Property by virtue of this Agreement or Grantee’s occupancy or use
hereunder. The City may enter the Park Property at any time to assert its real property
interest or for other purposes which do not unreasonably interfere with the activities of the
Grantee authorized by this Agreement.
13.License for Construction and Installation of Improvements; Term. The City hereby
grants permission, revocable and terminable as provided herein, during period
commencing on the Effective Date and not expiring unless required by significant
modifications to the associated Memorandum of Understanding (Exhibit C) on the terms
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and conditions set forth herein, which Grantee promises to comply with and abide by to
fulfill the obligations as stated in this Use License. The Use License consists of
permission for Grantee, their contractors, subcontractors and other entities contracted
with or hired by Grantee to use the Park Property for only the purposes as stated herein.
Construction of Improvements not in compliance with the Park Master Plan shall be
considered a breach of the Use License.
Title to all permanent improvements on the Park Property(ies) and on public rights-of-
way adjacent to the Park Property(ies) made by GRANTEES or their agents shall vest in
the City, free and clear of all debts, liens and encumbrances
14.Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of
this Section must not be construed to negate, abridge, or reduce any common-law or
statutory rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained by
City.
Should any indemnitee described herein be required to bring an action against
GRANTEE to assert its right to defense or indemnification under this Agreement or
under GRANTEE’s applicable insurance policies required below the indemnitee shall be
entitled to recover reasonable costs and attorney fees incurred in asserting its right to
indemnification or defense but only if a court of competent jurisdiction determines
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
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property arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except “responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or negligent”
as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and
obligations specifically assumed by GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the
City and GRANTEE shall furnish to the City an accompanying certificate of insurance
and accompanying endorsements in amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
Automobile Liability -- $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate;
Additional coverage as may be reasonably required by the City from time to time.
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional insured on a primary non-contributory basis on the Commercial General
Liability policy. The insurance and required endorsements must be in a form suitable to
City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
The City must approve all insurance coverage and endorsements prior to delivery of
Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of
GRANTEE’s receipt of notice that any required insurance coverage will be terminated or
GRANTEE’s decision to terminate any required insurance coverage for any reason.
15.Construction/Restrictions/Repair and Maintenance.
a. For the use of any public rights-of-way or any real property of the City other than
the Licensed Property the GRANTEE shall obtain an encroachment permit from
the City’s Director of Public Works or other applicable approvals.
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b. GRANTEE shall keep the adjacent private and public properties including streets,
alleys, and sidewalks free from construction debris and other materials stored or
located on the Licensed Property. Sediment, rock, mud, and other debris entering
upon public or private property outside the Licensed Property from the
GRANTEE’s project shall be cleaned or removed immediately.
c. GRANTEE agrees to immediately repair any damage caused by GRANTEE, its
agents, invitees, guests, contractors or subcontractors to any public or private
property outside the Licensed Property including but not limited to streets, curbs,
sidewalks, and other infrastructure to, for public infrastructure, the current City
standard for that infrastructure and, for privately owned infrastructure, to a
condition acceptable to the owner of such private infrastructure. GRANTEE agrees
to timely comply with any request of the City to perform maintenance and repairs
to streets, curbs, sidewalks and other infrastructure damaged by GRANTEE or
GRANTEE’s agents, invitees, guests, contractors, or subcontractors.
d. Any damage to the Park Properties and the Licensed Property shall be repaired to
a condition acceptable to the City. Maintenance or repair work to the Property shall
be performed to the City’s reasonable satisfaction.
16.Waste, Nuisance, and Unlawful Use Prohibited. GRANTEE shall not commit,
or suffer to be committed, any waste on the Park Properties or the Licensed Property, nor shall
GRANTEE maintain, commit, or permit the maintenance of any nuisance on the Park Properties
or the Licensed Property or use the Licensed Property for any unlawful purpose. GRANTEE shall
not do or permit anything to be done in or about the Park Properties or the Licensed Property which
shall in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy and
use of the Park Properties or Licensed Property, which are or may hereafter be enacted or
promulgated by any public authority.
17.Hazardous Materials. GRANTEE agrees and represents that it shall not store or
dispose of on the Licensed Property any “Hazardous Materials” as defined by Federal, State or
local law as from time to time amended.
18.Signage. GRANTEE, nor any of its agents may not install any signage unless
approved by the City’s Representative.
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FY 2025-26 Grant Agreement – Westlake Park Dirt Jump Bike Facility Page 8
19.Due Diligence. GRANTEE shall at all times exercise due diligence in the protection of
the City’s Park Properties and the Licensed Property against damages.
20.Permits. Unless otherwise agreed to in writing by the parties, GRANTEE shall provide
all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and
regulations, obtain all necessary permits, licenses, and inspections from applicable
governmental authorities, and pay all fees and charges in connection therewith.
21.Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by GRANTEE of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE will not refuse employment to a person, bar a person from
employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age,
marital status, national origin, actual or perceived sexual orientation, gender identity,
physical or mental disability, except when the reasonable demands of the position require
an age, physical or mental disability, marital status or sex distinction.
In addition, GRANTEE represents it is, and for the term of this Agreement will be, in
compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104,
MCA (the Montana Equal Pay Act). GRANTEE must report to the City any violations of
the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within
30 days of such finding for violations occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
22.Public Meetings and Access to Public Records
a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from
the City may be subject to the open meeting requirements of Montana law, including
those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To
ensure compliance, GRANTEE must provide agendas for meetings that pertain to the
receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s
office no later than 72 working hours prior to meeting for notice on the City’s official
posting board and any other sites deemed reasonable by the Clerk’s office. In
addition, meeting minutes will be kept by GRANTEE and provided to the City
Clerk’s office no later than 90 days after the meeting. These minutes shall be posted
and made available to the public by the City Clerk’s office except for those minutes
taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken
during a closed meeting shall also be provided to the City Clerk’s office but shall be
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handled in accordance with the City Clerk’s regular executive session protocol and
kept private in a secured cabinet.
b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to
protect and preserve individual confidential or private information, upon reasonable
request and at reasonable times during normal business hours, GRANTEE shall make
such records available for inspection and copying by members of the public.
GRANTEE may charge for such copying in accordance with the policies of the City,
which GRANTEE hereby adopts for such purposes.
c. To determine whether a meeting or part of a meeting may be closed to the public and
to determine whether information contained in GRANTEE documents is protected by
law from disclosure, GRANTEE may seek a determination of the City Attorney at no
cost to GRANTEE. Such request and determination shall not create an attorney-
client relationship between GRANTEE and the City.
23.Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
24.Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
25.Dispute Resolution
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court
of competent jurisdiction in compliance with the Applicable Law provisions of
this Agreement.
26.No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights,
including the right to Grant payments, or any other rights or duties arising hereunder,
without the prior written consent of City.
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27.No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
28.Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
29.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.
30.Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
31.Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
32.Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Chuck Winn, City Manager
City of Bozeman
_______________________ Date: __________
Print name and Title:___________________________
GRANTEE
Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney
City of Bozeman
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FY 2025-26 Grant Agreement –Westlake Park Dirt Jump Bike Facility Exhibit A
Exhibit A
Grant Scope of Work Proposal
84
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize City Manager to Sign Professional Services Agreement and Notice
to Proceed with K2 for Westlake Park Landscaping
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to Sign Professional Services Agreement and Notice
to Proceed with K2 for Westlake Park Landscaping
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:This contract enables K2 Ventures, Inc. to perform the final landscaping
elements at Westlake Park needed to open the new dirt jump bike facility.
After two rounds of unsuccessful bidding in 2024, Sanderson Stewart and
City staff communicated with qualified contractors to complete the
remaining elements of Site plan application 21335. Sime has now completed
the civil aspects and K2 will complete the remaining landscaping around the
perimeter of the two bike facilities at the park.
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Funding is allocated for completion of the Westlake Park dirt jump facility in
the FY25-26 biennium budget in the Park Land Trust Fund account.
Attachments:
Westlake PSA w/ Exhibit A - K2 Ventures.pdf
Report compiled on: May 1, 2025
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Professional Services Agreement for Westlake Park Landscaping Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2025
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and K2 Ventures, Inc., 2545 Spain Bridge Road, Belgrade,
MT 59714, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 31st day of October, 2025, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
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Professional Services Agreement for Westlake Park Landscaping Page 2 of 11
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
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Professional Services Agreement for Westlake Park Landscaping Page 3 of 11
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
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Professional Services Agreement for Westlake Park Landscaping Page 4 of 11
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
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
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Professional Services Agreement for Westlake Park Landscaping Page 5 of 11
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
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
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opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
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
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Professional Services Agreement for Westlake Park Landscaping Page 7 of 11
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Addi Jadin, Park Planning and Development Manager, 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 Daniel Kappes or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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Professional Services Agreement for Westlake Park Landscaping Page 8 of 11
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
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Professional Services Agreement for Westlake Park Landscaping Page 9 of 11
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
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Professional Services Agreement for Westlake Park Landscaping Page 10 of 11
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
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.
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Professional Services Agreement for Westlake Park Landscaping Page 11 of 11
**** 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 ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chuck Winn, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
96
97
K2 VENTURES
2545 Spain Bridge Rd
Belgrade, MT 59714 USA
+14065954779
k2venturesmt@gmail.com
Exhibit A: PSA Westlake Park
ADDRESS
Addi Jadin
ESTIMATE #DATE
3739 05/01/2025
DATE DESCRIPTION QTY RATE AMOUNT
05/01/2025 Mobilize and
clean up
1 1,200.00 1,200.00
05/01/2025 Soil Amendment 1 8,715.00 8,715.00
05/01/2025 Lawn
Hydroseeding
1 9,993.06 9,993.06
05/01/2025 Materials Crusher Fines @Bmx runout 1 6,490.66 6,490.66
05/01/2025 Materials Build trail on east side of park 1 10,250.00 10,250.00
05/01/2025 Landscape
edging
1 110.00 110.00
05/01/2025 Materials Top soil 1 750.00 750.00
05/01/2025 Materials New Irrigation system 1 42,500.00 42,500.00
05/01/2025 Landscape
edging
1 110.00 110.00
05/01/2025 Materials Bark Mulch 1 450.00 450.00
05/01/2025 Materials Drip Irrigation zone 1 2,025.00 2,025.00
05/01/2025 Materials Top soil 1 962.50 962.50
05/01/2025 Miscellaneous
Work Item
1 16,000.00 16,000.00
TOTAL $99,556.22
Accepted By Accepted Date
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Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Notice of Award and Construction
Agreement with Stillwater Electric for the Installation of a Rectangular Rapid
Flashing Beacon on South Willson Avenue at Garfield Street
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign the Notice of Award and Construction
Agreement with Stillwater Electric for the Installation of a Rectangular Rapid
Flashing Beacon on South Willson Avenue at Garfield Street
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:In response to public feedback on pedestrian safety concerns and in
accordance with the goals of the city's Streets Are For Everyone (SAFE) Plan,
the Department of Transportation and Engineering has proposed the
installation of crossing enhancements at a location along South Willson
Avenue.
Stillwater Electric has been selected to install a new grid-powered
Rectangular Rapid Flashing Beacon (RRFB) on South Willson Avenue at
Garfield Street. Stillwater electric was the lowest of three quotes that were
received for the project in July of 2024. Stillwater provided an updated cost
to complete the work this year. The updated cost remains below the quotes
from the other two companies. Engineering staff has reviewed the quotes
and recommends signing the Notice of Award and Construction Agreement
with Stillwater Electric.
RRFB's are a proven safety countermeasure for enhancing pedestrian safety
at uncontrolled intersections of moderate traffic volume and speed. The
city's Sign & Signals Division self-performs installation of solar-powered
RRFBs, however, the location at South Willson and Garfield is highly-shaded
and lacks solar availability. That requires this installation to be tied to the
power grid with construction means and methods outside of the Division's
capacity. Therefore, contractor support is required through this Construction
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Agreement.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified.
FISCAL EFFECTS:The Construction Agreement is for $61.090.00 The funds for this project exist
in the FY25 Budget in STR20 - Annual Multimodal Improvements.
Attachments:
Willson Garfield RRFB Construction Agreement.pdf
Exhibit A.pdf
Willson Garfield RRFB Notice of Award.pdf
2025_Stillwater_Revised RRFB Proposal.pdf
Wilson_RRFB_Bid_Tab_072624.pdf
Report compiled on: May 13, 2025
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CONTRACT AGREEMENT
THIS AGREEMENT is made and entered into this 20th day of May, 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, Stillwater Electric, Inc., 155 Round Stone Drive,
Kalispell, MT 59901, 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 procurement and installation of Carmanah pedestrian crossing luminaires
along South Willson Avenue on the north leg of the West Garfield Street intersection. 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).
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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 September 30, 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 Sixty-nine thousand, and ninety dollars
($61,090.00).
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
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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
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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.
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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.
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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 Work Schedule
for the City’s review and approval. Contractor’s failure to timely make such a claim shall
result in a waiver of the claim.
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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
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
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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:
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a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Taylor Lonsdale, City of Bozeman Transportation Engineer 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 Michael Tikka, 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.
16. Ownership of Documents; Indemnification: All plans, designs, drawings,
specifications, documents, sample results and data, in whatever medium or format, originated or
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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.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
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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
set out in 18-2-401 through 18-2-432, MCA, and all administrative rules adopted under these
statutes.
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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
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.
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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
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.
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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 City shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only
if a court of competent jurisdiction determines the Contractor was obligated to defend the
claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof.
e. In the event of an action filed against 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.
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
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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
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
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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. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
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b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
27. 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..
28. Survival: Contractor’s indemnification and warranty obligations shall survive the
termination or expiration of this Agreement for the maximum period allowed under applicable
law.
29. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
30. 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.
31. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
32. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
33. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
34. Amendments: This Agreement may not be modified, amended, or changed in any
respect except by a written document signed by all parties.
35. 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.
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36. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
37. 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.
38. 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.
39. 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.
40. 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.
41. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Chuck Winn, City Manager
Michael Tikka
Vice President, Stillwater Electric
APPROVED AS TO FORM:
By: _______________________________
Greg Sullivan, City Attorney
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Quotation
3/17/2025
Project:Willson Ave & Garfield St RRFB
Total Cost:
Addendum
Stillwater Electric, Inc.
155 Round Stone Drive Kalispell, MT 59901
406-257-3817
Item DescriptionQty Unit ...Total
100 Payment and performance bond, Insurance1.00 1,490.00 1,490.00
140 Supply and install conduits , wires, foundations, pull boxes,
electrical service, RRFB's, poles, lighting, push buttons, signage.
Traffic control included. Stillwater will clean up spoils, landscape
by others.
1.00 59,600.00 59,600.00
We are warned to expect additional price increases due to the
tariffs, just not sure when they will hit us!
Bonding is an additional 2.5%.
$61,090.00
Stillwater Electric confirmed this
stated pricing on May 8, 2025.
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VICINITY MAPNORTHPREPARED FOR:CITY OF BOZEMANBOZEMAN, 5971520 E OLIVE ST #202BOZEMAN, MTWILLSON AVE & GARFIELD ST RRFBTASK ORDER NO. TE23-003106 East Babcock, Suite L1Bozeman, Montana 59715406.522.9876sandersonstewart.comE1.1FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION22367.03-------FOR BIDDING-----07.18.24PRELIMINARY - FOR REVIEW07.28.23GHC22367.03_ELEC_PROD_NORTH_RRFB.DWGJHSITE123456789PROJECT NO:22367.03FOR BIDDINGSHEETTITLEE1.1COVERE1.2LEGENDS, NOTES, & ABBREVIATIONSE1.3ELECTRICAL SITE PLANE1.4ELECTRICAL DETAILSE1.5ELECTRICAL DETAILSE1.6ELECTRICAL DETAILSE1.7ELECTRICAL DETAILSE1.8ELECTRICAL DETAILSS1.1SIGNING & STRIPING PLANP:\22367_03_Willson_RRFB_TE23-003\CADD_C3D\PRODUCTION_DWG\22367.03_ELEC_PROD_NORTH_RRFB .dwg, E1.1, 7/18/2024 4:23:46 PM, gchamberlain, 1:1
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ELECTRIC JUNCTION BOXEXISTING STORM DRAIN MANHOLEEXISTING CATCH BASINSIGNPOWER POLEEXISTING WATER VALVEEXISTING FIRE HYDRANTBOLLARDBUSHEXISTING CURB STOPFIRE DEPT. CONNECTIONFIBER OPTIC PEDESTALGAS METERGAS MANHOLEGAS VALVEGUYWIREIRRIGATION VALVEIRRIGATION BOXLIGHT POLEPOWER METERPOWER MANHOLEELECTRIC PEDESTALROOF DRAINSIGNAL POLEEXISTING SANITARY SEWER MANHOLESANITARY SEWER CLEAN OUTTELEPHONE BOXTELEPHONE MANHOLETELEPHONE PEDESTALTRANSFORMERCONIFEROUS TREEDECIDUOUS TREECOMMUNICATIONS MANHOLECOMMUNICATIONS PEDESTALWELLYARD HYDRANTEW = FINISHED GRADE AT EDGE OF WALKTC = FINISHED GRADE AT TOP BACK OF CURBBC = FINISHED GRADE AT BUILDING CORNERTW = FINISHED GRADE AT TOP OF WALLAC = FINISHED GRADE AT ASPHALTEA = FINISHED GRADE AT EDGE OF ASPHALTEC = FINISHED GRADE AT EDGE OF CONCRETESDI = STORM DRAIN INLETSDMH = STORM DRAIN MANHOLEFL = FINISHED GRADE AT FLOWLINEFG = FINISHED GRADE EX = APPROXIMATE EXISTING ELEVATIONPOC = POINT ON CURVEEXISTING WATER REDUCERGAS WELLFOUND CORNER MONUMENT AS NOTEDSET CORNER MONUMENT, REBAR WITH CAPBENCHMARKSECTION QUARTER CORNERSECTION CORNERWTR = WATERPI = POINT OF INTERSECTIONPRC = POINT OF REVERSE CURVERT = RIGHTLT = LEFTSS = SANITARY SEWERPT = POINT OF TANGENCYSD = STORM DRAINGV = GATE VALVEBFV = BUTTERFLY VALVERED = REDUCERLF = LINEAL FOOTFT = FEETSSMH = SANITARY SEWER MANHOLEBVC = BEGIN VERTICAL CURVECS = CURB STOPEVC = END VERTICAL CURVEPVI = POINT OF VERTICAL INTERSECTIONLINETYPESABBREVIATIONSSYMBOLSPROPOSED CATCH BASINPROPOSED WATER REDUCERPROPOSED WATER VALVEPROPOSED FIRE HYDRANTPROPOSED CURB STOPPROPOSED SANITARY SEWER MANHOLEPROPOSED STORM DRAIN MANHOLEKEYNOTE CALL OUT(SEE KEYNOTE LEGEND)SRVC = SERVICE(TYP.) = TYPICALPC = POINT OF CURVATUREEXISTING MONUMENT BOXPROPOSED MONUMENT BOXNOTE:-EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BEST INFORMATION AVAILABLE TO THE ENGINEER. THEENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. 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 UTILITY COMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS.-ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS 6TH EDITION, APRIL, 2010, AND THE CITY OFBOZEMAN STANDARD MODIFICATIONS, DATED MARCH 31, 2011, WITH ADDENDUM.-UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THE RESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED INTHE STATE WHERE THE PROJECT IS LOCATED AND BY A PARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTION LAYOUT AND STAKING TECHNIQUES ASARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEING PERFORMED.GR = 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 GRAVELFOR BIDDING
FILE:
PROJECT NO:
CAD:
QUALITY ASSURANCE:
DRAWING HISTORY
DATE DESCRIPTION
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LEGENDS, NOTES, & ABBREVIATIONS
WILLSON AVE & GARFIELD ST RRFB
TASK ORDER NO. TE23-003
BOZEMAN, MTE1.2JH
22367.03_ELEC_PROD_NORTH_RRFB.DWG
GHC
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07.18.24
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22367.03EXISTING WATER MANHOLEWATER METERLIQUID PROPANE PIPELINEP:\22367_03_Willson_RRFB_TE23-003\CADD_C3D\PRODUCTION_DWG\22367.03_ELEC_PROD_NORTH_RRFB .dwg, E1.2, 7/18/2024 4:23:49 PM, gchamberlain, 1:1
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FOR BIDDING
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CAD:
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DRAWING HISTORY
DATE DESCRIPTION
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ELECTRICAL SITE PLAN
WILLSON AVE & GARFIELD ST RRFB
TASK ORDER NO. TE23-003
BOZEMAN, MTE1.3JH
22367.03_ELEC_PROD_NORTH_RRFB.DWG
GHC
07.28.23 PRELIMINARY - FOR REVIEW
07.18.24
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22367.03 ABCACBACNORTH010SCALE: 1" = 10'20510P:\22367_03_Willson_RRFB_TE23-003\CADD_C3D\PRODUCTION_DWG\22367.03_ELEC_PROD_NORTH_RRFB .dwg, E1.3, 7/18/2024 4:23:55 PM, gchamberlain, 1:1
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FOR BIDDING
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PROJECT NO:
CAD:
QUALITY ASSURANCE:
DRAWING HISTORY
DATE DESCRIPTION
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ELECTRICAL DETAILS
WILLSON AVE & GARFIELD ST RRFB
TASK ORDER NO. TE23-003
BOZEMAN, MTE1.4JH
22367.03_ELEC_PROD_NORTH_RRFB.DWG
GHC
07.28.23 PRELIMINARY - FOR REVIEW
07.18.24
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22367.03 AWG NO.2SERVICE120/240 VOLTGROUND RODBARE AWG NO.6SERVICE RATED200 AMP METERMAINCIRCUIT BREAKER20 AMP,2 POLE,SINGLE THROWMAIN DISCONNECT200 AMPCIRCUIT BREAKER30 AMP,1 POLE,SINGLE THROWAWG NO.14AWG NO.6TO LUMINAIREAWG NO.6AWG NO.10(NEUTRAL)(120 V)(120 V)(120 V)(GROUND)N.E.M.A.TYPE 3RCABINETAUTO-OFF-MANUALSWITCHPHOTO-ELECTRICCONTROLTO RRFBCONTROLLERAWG NO.8RRFB / LUM SERVICE WIRING DIAGRAM20 AMP CONTACTOR2 POLE,SINGLE THROWLIGHTNINGARRESTORTO GROUND LUGOF EACH POLEP:\22367_03_Willson_RRFB_TE23-003\CADD_C3D\PRODUCTION_DWG\22367.03_ELEC_PROD_NORTH_RRFB .dwg, E1.4, 7/18/2024 4:23:59 PM, gchamberlain, 1:1
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FOR BIDDING
FILE:
PROJECT NO:
CAD:
QUALITY ASSURANCE:
DRAWING HISTORY
DATE DESCRIPTION
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ELECTRICAL DETAILS
WILLSON AVE & GARFIELD ST RRFB
TASK ORDER NO. TE23-003
BOZEMAN, MTE1.5JH
22367.03_ELEC_PROD_NORTH_RRFB.DWG
GHC
07.28.23 PRELIMINARY - FOR REVIEW
07.18.24
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22367.03NOT TO SCALEDETAIL DRAWING FOR POLE #TS2 & #TS4SECTION A-AP:\22367_03_Willson_RRFB_TE23-003\CADD_C3D\PRODUCTION_DWG\22367.03_ELEC_PROD_NORTH_RRFB .dwg, E1.5, 7/18/2024 4:24:04 PM, gchamberlain, 1:1
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FOR BIDDING
FILE:
PROJECT NO:
CAD:
QUALITY ASSURANCE:
DRAWING HISTORY
DATE DESCRIPTION
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ELECTRICAL DETAILS
WILLSON AVE & GARFIELD ST RRFB
TASK ORDER NO. TE23-003
BOZEMAN, MTE1.6JH
22367.03_ELEC_PROD_NORTH_RRFB.DWG
GHC
07.28.23 PRELIMINARY - FOR REVIEW
07.18.24
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-
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22367.03NOT TO SCALETYPICAL LIGHTING CONTROL CENTER METERED PEDESTAL STANDARD DETAILSELECTRICAL BOND. NO.6 AWGCOPPER OR EQUAL IF METAL CONDUITPULL BOX - COMPOSITEMINIMUM DIMENSIONSTYPE 1TYPE 2TYPE 3LWDI D LI D WC LC W=======LWDI D LI D WC LC W=======LWDI D LI D WC LC W=======3"23"CONCRETE SIDEWALK OR ASPHALTPULL BOX INSTALLED IN A SIDEWALK OR ASPHALTSTUB CONDUIT 4" TO 6"ABOVE BOTTOM OF PULL BOX1" CLEAN STONEDRAINAGE NO HIGHERTHAN 2" INSIDEBOTTOM OF PULL BOX12"12"23"CONCRETE PADPULL BOX INSTALLED IN DIRTSTUB CONDUIT 4" TO 6"ABOVE BOTTOM OF PULL BOXWLDCWCLIDLIDW 20"13"12"17"10"18"11"25"15"12"21"11"23"13"32"19"12"28"15"30"17"1" CLEAN STONEDRAINAGE NO HIGHERTHAN 2" INSIDEBOTTOM OF PULL BOXCONDUIT IN PLACEAS REQUIREDCONDUIT IN PLACEAS REQUIRED12"3"PULL BOX-COMPOSITE TYPE 1, 2 & 3NOT TO SCALEP:\22367_03_Willson_RRFB_TE23-003\CADD_C3D\PRODUCTION_DWG\22367.03_ELEC_PROD_NORTH_RRFB .dwg, E1.6, 7/18/2024 4:24:09 PM, gchamberlain, 1:1
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FOR BIDDING
FILE:
PROJECT NO:
CAD:
QUALITY ASSURANCE:
DRAWING HISTORY
DATE DESCRIPTION
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ELECTRICAL DETAILS
WILLSON AVE & GARFIELD ST RRFB
TASK ORDER NO. TE23-003
BOZEMAN, MTE1.7JH
22367.03_ELEC_PROD_NORTH_RRFB.DWG
GHC
07.28.23 PRELIMINARY - FOR REVIEW
07.18.24
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P:\22367_03_Willson_RRFB_TE23-003\CADD_C3D\PRODUCTION_DWG\22367.03_ELEC_PROD_NORTH_RRFB .dwg, E1.7, 7/18/2024 4:24:15 PM, gchamberlain, 1:1
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CAD:
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DRAWING HISTORY
DATE DESCRIPTION
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WILLSON AVE & GARFIELD ST RRFB
TASK ORDER NO. TE23-003
BOZEMAN, MTE1.8JH
22367.03_ELEC_PROD_NORTH_RRFB.DWG
GHC
07.28.23 PRELIMINARY - FOR REVIEW
07.18.24
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FOR BIDDING
FILE:
PROJECT NO:
CAD:
QUALITY ASSURANCE:
DRAWING HISTORY
DATE DESCRIPTION
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SIGNING & STRIPING PLAN
WILLSON AVE & GARFIELD ST RRFB
TASK ORDER NO. TE23-003
BOZEMAN, MTS1.1JH
22367.03_ELEC_PROD_NORTH_RRFB.DWG
GHC
07.28.23 PRELIMINARY - FOR REVIEW
07.18.24
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FOR BIDDING
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EJCDC C-510 Notice of Award
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page 1 of 1
Notice of Award
Date: __May 20, 2025___
Project: South Willson Avenue and Garfield Street RRFB
Owner: City of Bozeman Owner's Contract No.:
Contract: To provide installation of grid powered RRFB at the
intersection of S Willson Ave and Garfield St.
Engineer's Project No.: 22367.03
Bidder: Stillwater Electric
Bidder's Address: 155 Round Stone Drive Kalispell, MT 59901
You are notified that your Bid dated March 17, 2025 for the above Contract has been considered. You are
the Successful Bidder and are awarded a Contract for Base Bid.
The Contract Price of your Contract is sixty one thousand ninety and 00/100 Dollars ($61,090.00).
Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
You must comply with the following conditions precedent within [15] days of the date you receive this
Notice of Award.
1. Deliver to the Owner Four (4) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the
Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary
Conditions (Paragraph SC-5.01).
3. Other conditions precedent:
Deliver with the executed Contract Documents the required insurance certificates.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
City of Bozeman
Owner
By:
Authorized Signature
City Manager
Title
Copy to Engineer
130
Quotation
3/17/2025
Project:Willson Ave & Garfield St RRFB
Total Cost:
Addendum
Stillwater Electric, Inc.
155 Round Stone Drive Kalispell, MT 59901
406-257-3817
Item DescriptionQty Unit ...Total
100 Payment and performance bond, Insurance1.00 1,490.00 1,490.00
140 Supply and install conduits , wires, foundations, pull boxes,
electrical service, RRFB's, poles, lighting, push buttons, signage.
Traffic control included. Stillwater will clean up spoils, landscape
by others.
1.00 59,600.00 59,600.00
We are warned to expect additional price increases due to the
tariffs, just not sure when they will hit us!
Bonding is an additional 2.5%.
$61,090.00
Stillwater Electric confirmed this
stated pricing on May 8, 2025.
131
PAGE 1 OF 1 BID TABULATION7/29/2024PROJECT:Willson Ave & Garfield St RRFTBID DATE:S.S. PROJECT NO.:22367.03BID TIME:BY:Sanderson StewartFOR:City of BozemanUNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTALITEM EST. UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICENO. QTY.DESCRIPTION$ $ $ $ $ $ $ $Base Bid - Wilson RRFB101 1 LS Installation of RRFB's at Wilson/Garfield$88,850.00 / LS = $88,850.00 $58,000.00 / LS = $58,000.00 $90,300.00 / LS = $90,300.00$0.00 $88,850.00 $58,000.00 $90,300.00South Hills ElectricTotal - Base Bid = July 26, 202411:59 PMStillwater ElectricEngineer's Opinion of Probable Cost Montana Lines106 E Babcock St, Suite L1 Bozeman, Montana 59715 Phone 406.522.9876 Fax 406.656.0967 www.sandersonstewart.com132
Memorandum
REPORT TO:City Commission
FROM:Nick Pericich Water/Sewer Operations Superintendent and Shawn Kohtz
Utility Director
SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with WBI
Energy Corrosion for Cathodic Protection System Testing
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign this agreement
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:In 2005, there was a new water main installed from Hyalite Canyon to the
Sourdough Water Treatment Plant. That water main is equipped with a
cathodic protection system that will increase the life of the pipe by
reducing/eliminating corrosion of the pipe. In order to maintain the system
effectiveness, it needs to be tested to ensure the anode material is adequate
for protection. The goal is that we replace the anode before it becomes
ineffective instead of letting the pipe corrode and replacing the pipe. This
professional service agreement will allow a certified contractor to test this
system and give us a technical report with findings and recommendations.
UNRESOLVED ISSUES:None
ALTERNATIVES:Delay testing or do not test the system
FISCAL EFFECTS:Small increase from previous years of testing. The cost of last three years
was $8,718.20 per year. The new cost is $8,900 for each year for a three
year period.
Attachments:
Cathodic_Protection_Testing_PSA.docx
Exhibit_A_Scope_of_Services.docx
Exhibit_B_WBI_Quote.pdf
Report compiled on: March 14, 2025
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Professional Services Agreement for Cathodic Protection System Testing
FY 2026 – FY 2029
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 20th day of May 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, WBI Energy Corrosion Services, 552 Roxy Ln Billings, MT 59105,
hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as
“Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the date of its execution and
will terminate three years from the date made and entered.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the attached quote
hereto attached as Exhibit B. Any alteration or deviation from the described services that involves
additional costs above the Agreement amount will be performed by Contractor after written request
by the City, and will become an additional charge over and above the amount listed in Exhibit B. The
City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
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Professional Services Agreement for Cathodic Protection System Testing
FY 2026 – FY 2029
Page 2 of 11
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
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Professional Services Agreement for Cathodic Protection System Testing
FY 2026 – FY 2029
Page 3 of 11
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature occasioned by, growing or arising out of or resulting from or in
any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any
negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
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FY 2026 – FY 2029
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Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder, subject to applicable statutes of limitations.
In addition to and independent from the above, Contractorshall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
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FY 2026 – FY 2029
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8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
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c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered and direct costs actually
incurred by Contractor on or before the receipt of the Notice of Termination for City’s
Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages. Contractor and the City hereby
expressly waive 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 under this Agreement.
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 sixty (60) 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 Nick Pericich or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is required
by this Agreement, such communication or submission shall be directed to the City’s
Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City’s Representative is not available,
Contractor may direct its communication or submission to other designated City personnel or
agents as designated by the City in writing and may receive approvals or authorization from
such persons.
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b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Robert Lunder or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c.Notices:All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
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Professional Services Agreement for Cathodic Protection System Testing
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be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
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Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
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25.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31.Extensions:this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than 3 years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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Professional Services Agreement for Cathodic Protection System Testing
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________By__________________________________
Chuck Winn, Acting City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
144
Exhibit A
Scope of Services:
1. Perform a technical review of the following information. Specific
tasks include:
a. Construction drawings.
b. CP Operation and Maintenance (O&M) manual.
c. Historical CP survey data.
d. Corrosometer meter operation and software.
e. Robert Peccia and Associates 2019 submittal information.
f. Davis Lane Lift Station & Norton East Ranch Outfall Sewer
Project 2021 submittal information.
2.Perform an interrupted CP survey of the Hyalite 24-inch raw water
transmission main. Specific tasks include:
a. Determine CP test point locations based on record drawings and
historical CP surveys.
b. Install/remove portable current interrupters capable of GPS
synchronized interruption at select locations. Jumper magnesium
ribbons as deemed necessary.
c. Examine condition of CP test stations and all associated
components.
d. Obtain “On” and “Instant-Off” DC potential measurements at each
CP test point location for the ductile iron main.
e. Obtain “On” and “Instant-Off” DC potential measurements for
ductile iron coupons, inside and outside the polyethylene
encasements, where applicable.
f. Obtain AC potential measurements at each CP point location.
g. Obtain galvanic anode current output measurements, where
applicable.
h. Obtain ER probe readings, where applicable. O
i. Obtain fixed cell potential measurements at foreign pipeline
crossings, where applicable.
j. Obtain fixed cell potential measurements at tie-in locations and
evaluate electrical isolation, where applicable.
k. Test electrical isolation fittings and evaluate for proper
operation, where applicable.
l. Develop a technical report with test results, data analysis, and
recommendations for repairs, additional testing, annual
monitoring/maintenance, and other items as warranted.
3.Perform an interrupted CP survey of the Sourdough 48-inch finished
water transmission main. Specific tasks include:
a. Determine CP test point locations based on field observations.
b. Examine condition CP test stations and all associated
components.
c. Install/remove portable current interrupters capable of GPS
synchronized interruption at three locations.
d. Obtain “On” and “Instant-Off” DC potential measurements at each
CP test point location for the ductile iron main.
e. Obtain AC potential measurements at each CP point location.
f. Obtain galvanic anode current output measurements.
g. Develop a technical report with test results, data analysis, and
recommendations for repairs, additional testing, annual
monitoring/maintenance, and other items as warranted.
145
4. Perform an interrupted CP survey of the I-90 66-Inch steel casing.
Specific tasks include:
a. Determine CP test point locations based on field observations.
b. Examine condition CP test stations and all associated
components.
c. Install/remove portable current interrupters capable of GPS
synchronized interruption at two locations.
d. Obtain “On” and “Instant-Off” DC potential measurements at each
CP test point location for the ductile iron main.
e. Obtain AC potential measurements at each CP point location.
f. Obtain galvanic anode current output measurements.
g. Develop a technical report with test results, data analysis, and
recommendations for repairs, additional testing, annual
monitoring/maintenance, and other items as warranted.
Exclusions:
1. Repair of CP system components.
2. Depolarized CP survey.
3. Close interval survey.
4. Investigation and interruption of foreign sources of CP current.
5. Electrical continuity testing of pipe joints.
6. Testing of slotted monitoring tubes.
Assumptions:
1. The City of Bozeman will provide the aforementioned information for
review and other information as deemed necessary.
2. The City of Bozeman will be responsible for:
a. Providing facility and right-of-way access, as necessary.
b. Landowner notifications and contact information, as necessary.
c. Providing Corrosometer Meter and software.
3. Thirty-two CP test stations exist on 24-inch Hyalite Transmission Main.
Three CP test station exist on the 48-inch Sourdough Transmission
Main. Two CP test stations exist on the 66-inch I-90 casing.
4. All CP surveys will occur concurrently.
5. Field work can be performed 12 hours/day, Monday through Friday.
6. No site-specific or safety orientations will be required.
7. City of Bozeman personnel will be available to escort test personnel
8. No CP test station are located in vaults.
9. Static or depolarized potential data is not available.
10. No foreign rectifiers will require interruption.
11. Traffic control will not be required.
12. No casings, bonds, or alternating current (AC) mitigation systems
exist.
13. No third-party permits or licenses will be required to access the
right-of-way.
14. All-terrain vehicles will not be required to access the right-of-way.
15. No delays will occur due to weather, facility access, or other reasons
beyond control of tester.
146
1/13/25
Nick Pericich
City of Bozeman
RE: Bozeman Hyalite Trans Main CP Survey
Mr. Pericich,
552 Roxy Lane
Billings, MT 59105
(406)248-6985
www.wbienergy.com
WBI Energy Corrosion Services proposes to complete a cathodic protection survey on the Hyalite
transmission line, I-90 casing and Lift station as conveyed by the City of Bozeman in the summer months
of 2025, 2026, and 2027. This survey will include a NACE certified CP tester to travel to the location, get a
tour of the pipeline system from City of Bozeman representatives, and then perform a CP survey in
accordance with NACE SP0169 following procedures for testing outlined in the City of Bozeman O&M
manual adjusting to meet the newest NACE standard SP0169. In addition, the following items will be
checked for proper operation.
•Isolation flanges
•Galvanic Anode Current Output
•PVC Profile Tube potentials
•Coupon Measurements
•Resistance Probes (Utilizing City of Bozeman Corrosometer)
In addition, WBI will provide a detailed report discussing the data, including recommendations to ensure
adequate cathodic protection.
We were able to keep the costs as economical as possible due to the familiarity we have gained over the
last three years with the survey area and requirements. The total “Lump Sum” price for the 3-year period,
25, 26, 27 will be $8,900.00 per survey.
Thank you,
Rob Lunder, PE
CP Specialist #15496
WBI Energy Corrosion Services
406.248.6985
Exhibit B
147
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Senior Water Resources Engineer
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to Sign an Amendment 2 to the Professional
Services Agreement with Advanced Engineering and Environmental Services
LLC for the Motor Control Center Replacement Project at the Water
Reclamation Facility
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Amendment No. 2 to the Professional
Services Agreement with Advanced Engineering and Environmental Services
LLC for the Motor Control Center Replacement Project at the Water
Reclamation Facility
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The attached Amendment No. 2 provides for the preparation of bid
documents and completion of bidding services for contractor installation of
the Water Reclamation Facility motor control center (MCC) electrical
equipment. The City is purchasing the MCC equipment under a separate and
existing equipment procurement contract awarded to The Third Element
Inc. Staff expects advertisement for installation bids to occur June 2025 with
contract award in July 2025. The equipment procurement contract will be
assigned by the City to the contractor awarded the MCC equipment
installation contract. Upon assignment, the installation contractor will take
on all duties and responsibilities that the City had as the equipment
purchaser.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The negotiated not-to-exceed fee for Amendment No. 2 is $18,494.
Approximately 75% of this fee is for bidding services, which are payable on a
time and materials basis. City staff expects the actual fee paid for
completion of the Amendment 2 scope to fall under the fee cap. Costs for
the MCC project are funded by wastewater fund CIP project WW121.
Sufficient project and fund balance exists to cover Amendment 2 costs.
148
Attachments:
Amendment No. 2_WRF MCC Replacement
PSA_20250506.pdf
Report compiled on: May 8, 2025
149
Amendment No. 2
1
Amendment No. 2 to Professional Services Agreement
for Bozeman WRF MCC Replacement Project
THIS AGREEMENT is made as of this day of , 2025,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred
to as OWNER and Advanced Engineering and Environmental Services, LLC, an Engineering
Consulting Firm of Bozeman, Montana, herein referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement February 27,
2024, herein referred to as Original Agreement for professional engineering services; and
WHEREAS, the parties desire to further amend the provisions of the Original Agreement as
specifically provided for in this Amendment No. 2.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
A. The scope description provided with Attachment 1 to this Amendment No. 1 is hereby
incorporated into Exhibit C – Scope and Fee Description provided with the Original Agreement as if set
forth therein.
B. Article 6 – Compensation for Engineering Services of the Original Agreement is amended
at 6.1.1 to read as follows: 6.1.1 Payment. The OWNER shall for design phase services performed as
Basic Engineering Services under sections 4.1 through 4.3 of this Agreement pay ENGINEER $4,532
for the additional services set forth in this Amendment No. 2.
C. Article 6 – Compensation for Engineering Services of the Original Agreement is amended
at 6.2.1 to read as follows: 6.2.1 The OWNER shall pay for Construction Phase and Project
Documentation Services an amount not to exceed $13,862 for the additional services set forth in this
Amendment No. 2. except as provided under 6.2.1.2 and 6.2.4.
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Amendment No. 2
2
Except as specifically amended herein, the Original Agreement shall remain in full force and
effect and the Parties shall be bound by all terms and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day
and year first above written.
CITY OF BOZEMAN
ATTEST:
By:
Chuck Winn
Interim City Manager
By:
Mike Maas
City Clerk
APPROVED AS TO FORM
By:
Greg Sullivan
City Attorney
ENGINEER
By:
Its:
151
Amendment No. 2
3
Attachment 1 to Amendment No. 2
Scope and Fee Description
Bozeman WRF MCC Replacement
Design Services
Scope of work including expenses:
o 042 Final Design:
Project Manual Development Div 00 & Div 01.
Front end specification development.
Technical specification development.
o 052 Installation Bid:
Project Management.
Pre-Bid Conference.
Bider Questions.
Issue Addenda if needed.
Assumes only one addendum.
Bid Opening.
Recommendation of Award.
Personnel†
Name Labor Classification
James Sletten I&C Technician IV
Brian Viall, PE Project Manager II
Cody Shevich Engineer III
Kami Emineth Senior Project Coordinator
†The Labor Categories of Personnel assigned to this Task Order shall be subject to adjustment annually (as of January 1) to reflect equitable changes in the
compensation payable to Consultant. This adjustment will not increase the total estimated compensation amount unless approved in writing by the City.
152
Amendment No. 2
4
Bozeman WRF MCC
Bozeman MT Viall, PE Emineth Shevich Sletten Subtotal Labor Subs Expenses Total
PM III PC IV E III I&C IV Hours
042 - FINAL DESIGN 11 - 8 - 19 $4,532 $0 $0 $4,532
Project Manual Development (Div 00 & Div 01)3 3 $797 $0 $0 $797
Front End Development 8 8 $2,126 $0 $0 $2,126
Technical Specifications 8 8 $1,609 $0 $0 $1,609
052 - INSTALLATION BID 6 8 24 28 66 $13,862 $0 $100 $13,862
Project Management 2 4 6 $1,422 $0 $0 $1,422
Pre-Bid Conference 4 4 $891 $0 $0 $891
Review & Manage Bidder's Questions 12 2 14 $2,859 $0 $0 $2,859
Issue Addenda (Assumes no more than 1 addendum) 8 8 $1,781 $0 $0 $1,781
Attend Bid Opening 2 2 4 $977 $0 $0 $977
Bid Evaluation 2 12 4 18 $3,835 $0 $0 $3,835
Recommendation of Award 4 4 $891 $0 $0 $891
Quest CDN Administration 8 8 $1,206 $0 $0 $1,206
17 8 32 28 85
$4,518 $1,206 $6,435 $6,234 $ 18,394 $ - $ 100 $ 18,494
Viall, PE Emineth Shevich Sletten
042 - FINAL DESIGN $4,532
052 - INSTALLATION BID $13,862
Total Fee $18,494
153
Amendment No. 2
5
Anticipated Schedule:
Development of bid documents 5/1/2025
Advertise Bid 6/23/2025
Bidding 7/10/2025
Bid Opening 7/14/2025
154
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Task Order 10 with Sanbell for Fowler
Housing Design and Community Engagement
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Task Order 10 for Fowler Housing Design
and Community Engagement.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The City is annexing and zoning a parcel located at the corner of Davis Ln.
and Oak St. and exploring developing the parcel for workforce housing,
Sanbell is assisting with landscape design and public engagement for the
project.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:At the suggestion of the City Commission.
FISCAL EFFECTS:Sanbell will bill for its services on a lump sum Fixed Fee basis not to exceed
$15,000.00. Funding for this scope of work is available in the Community
Housing Fund.
Attachments:
Task Order 10 Fowler Housing Design 050825.pdf
Report compiled on: May 8, 2025
155
City of Bozeman Urban Renewal District Term Contract
Task Order Number 010
PROJECT: Fowler Housing Design & Community Engagement
Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanbell (formerly Sanderson Stewart) for Architectural and Engineering Services.
This Task Order is dated May 8, 2025 between the City of Bozeman Economic
Development Department and Sanbell (Contractor).
The following representatives have been designated for the work performed under this Task Order:
City: David Fine, Economic Development Department
Contractor: Chris Naumann, Sanbell
SCOPE OF WORK: The scope for this task order is to provide design and community engagement services for the Fowler housing project as described in the attached scope
of work.
COMPENSATION: Sanbell will bill for its services on a lump sum Fixed Fee basis not to exceed $15,000.00. Sanbell will submit invoices to the City of Bozeman for work accomplished during each calendar month. Monthly invoices shall include, separately
listed, any charges for services for which time charges and/or unit costs shall apply. The provisions of the Professional Services Agreement shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order:
City of Bozeman Sanbell
Chuck Winn, City Manager Chris Naumann, Associate Principal
156
City of Bozeman Economic Development Department
Scope of Work – Task Order No. 010
Fowler Housing Concept & Community Engagement
5/8/2025
Sanbell – Rocky Mountain is pleased to provide this scope of work for design and
community engagement service for Tract 4 located at the intersection of West Oak
Street and North Fowler Avenue. This work will be completed as a part of the
Economic Development Term Contract for architectural and engineering services. A
detailed list of assumptions and scope of services for the project are outlined below.
The legal description of the property is as follows:
Tract 4: S02, T02 S, R05 E, ACRES 10.03, TR 4 W2W2SW4
Scope of Work:
This scope of work includes the following services.
Phase 1—Concept Design ($6,500)
1.Collaborate on overall site plan
2.Design conceptual landscape plan
Phase 2—Community Engagement ($5,000)
1.Collaborate on open house timeline and format
2.Prepare open house announcements
3.Collaborate on the layout of the display boards
4.Collaborate on the two (2) open house events including set up and tear down
Phase 3—Project Management ($3,500)
1.General communications, weekly status reports, monthly invoice approval
2.Design team coordination meetings
3.City progress meetings
157
Exclusions:
This scope of work does not include any design services beyond the conceptual
level outlined above. Any other associated services not explicitly noted are
excluded.
Project Staff:
Project Manager: Chris Naumann, Senior Planner
Senior Quality Review: Danielle Scharf, Managing Principal
Additional Staff: Tom Hansen, Staff Landscape Designer
Diane Tolhurst, Communications Coordinator
Fees and Billing Arrangements:
Phase Fee
1.Concept Design $ 6,500
2.Community Engagement $ 5,000
3.Project Management $ 3,500
Total Fee $ 15,000
Sanbell will bill for its services on a lump sum Fixed Fee basis not to exceed
$15,000.00. Sanbell shall submit invoices to the Client for work accomplished during
each calendar month.
Project Schedule:
The anticipated this work will be completed by June 30, 2025.
158
Memorandum
REPORT TO:City Commission
FROM:Simon Lindley, Development Review Engineer
Taylor Lonsdale, Transportation Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:A Resolution Declaring the Intent to Discontinue, Abandon, and Vacate the
North-South Alley, Parallel to Ida Avenue, Connecting East Cottonwood
Street and East Peach Street, in the Northeast of the City of Bozeman,
Gallatin County, Montana
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I move to approve the resolution declaring the intent
to discontinue, abandon, and vacate the North-South alley, parallel to Ida
Avenue, connecting East Cottonwood Street and East Peach Street, in the
Northeast of the City of Bozeman, Gallatin County, Montana.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:City of Bozeman Resolution 3628 defines the procedure for vacation of
streets or alleys.
The City has received a petition to vacate the north-south alley adjacent to
Lot 8 and Lots 11 through 21 between East Cottonwood Street and East
Peach Street within the 100 Block of the Northern Pacific Addition to
Bozeman in compliance with Resolution 3628. This alley runs north-south,
parallel to Ida Avenue, in northeast Bozeman. Note that this petition has
previously been referenced as "Cloverleaf Alley".
Bozeman Commission has previously approved through Consent on October
1, 2024 an acknowledgment of receipt of the petition under agenda item
CY2024-854-Bozeman.
This proposed "Declaring the Intent" resolution under consideration in this
Consent Item is the next step in the procedure; it directs the City Clerk to
publish public notice as required in Montana Code Annotated and identifies
the regular session of the City Commission of the City of Bozeman to be held
at the Commission Meeting Room, City Hall, 121 N. Rouse Avenue, Bozeman,
Montana, on Tuesday, the 17th day of June, 2025, at the hour of 6:00 p.m.
as the time and place where and when the City Commission will hear all
159
objections to the vacation of said alley right-of-way. Commission decision on
the petition will be made at that time.
The Department of Transportation and Engineering has completed an
evaluation of the petition and attached a Staff Report containing a
recommendation of approval.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Failure to approve will result in the denial of the petition prior to hearing
and decision.
FISCAL EFFECTS:None.
Attachments:
Resolution_of_Intent_N-
S_Alley_Cottonwood_to_Peach_NE_Bozeman.docx
NOTICE_OF_INTENT_TO_VACATE.docx
NS Alley_Cottonwood to Peach NE
Neighborhood_Vacation_Noticing Package.pdf
N-S Alley_Cottonwood to Peach NE Bozeman_vacation_Staff
Report_Final w Attachments.pdf
Report compiled on: May 5, 2025
160
Version April 2020
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
DISCONTINUE, ABANDON AND VACATE THE NORTH SOUTH ALLEY RIGHT-OF-
WAY ADJACENT TO LOT 8 AND LOTS 11 THROUGH 21 BETWEEN EAST
COTTONWOOD STREET AND EAST PEACH STREET WITHIN THE 100 BLOCK OF
THE NORTHERN PACIFIC ADDITION TO BOZEMAN, CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA.
WHEREAS, city engineering staff has determined it to be in the best interest of the City
of Bozeman and the public to abandon the north south alley right-of-way between East
Cottonwood Street and East Peach Street, as shown in Exhibit A attached hereto; and
WHEREAS, it appears to the City Commission that the subject alley right-of-way can
be vacated without detriment to the public interests;
WHEREAS, it appears to the City Commission to be in the best interests of the City of
Bozeman and the inhabitants therein that said alley right-of-way be vacated, provided that said
vacation does not affect the right of any public utility to continue to maintain its utilities and
equipment in said rights-of-way;
WHEREAS,pursuant to Resolution 3628, upon the passage of this Resolution, the City
Clerk will publish notice in the Bozeman Daily Chronicle, pursuant to 7-1-4127, MCA, and mail
notice to the affected property owners according to the list provided by city engineering staff; and
WHEREAS, once publication of the notice under 7-1-4127, MCA, and mail notice to
the affected property owners is complete, the City Commission will conduct a public hearing at
161
Version April 2020
the first available date to consider the issue of abandoning or vacating the property described in
Section 1 of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
Declaration of Intention
It is hereby declared to be the intention of the City Commission of the City of Bozeman,
Montana, to abandon and vacate the north south alley right-of-way between East Cottonwood
Street and East Peach Street described below:
A north south strip of land sixteen (16) feet wide adjacent to lot 8 and lots 11 through 21
between East Cottonwood Street and East Peach Street within the 100 block of the
Northern Pacific Addition to Bozeman, City of Bozeman, Gallatin County, Montana.
All as shown on the attached Exhibit A.
The vacation shall not affect the right of any public utility to continue to maintain
existing utilities and equipment in the street rights-of-way.
Section 2
Notice
That the City Clerk of the City of Bozeman is hereby directed to publish notice in
Bozeman Daily Chronicle per 7-1-4127, MCA, and mail notice to the affected property owners,
which notice shall state the time and place at which objections will be heard.
Section 3
Time for Objections
That the regular session of the City Commission of the City of Bozeman to be held at
the Commission Meeting Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on
Tuesday, the 17th day of June, 2025, at the hour of 6:00 p.m. of said day is the time and place
162
Version April 2020
where and when the City Commission will hear all objections to the vacating of said alley right-
of-way.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 20th day of May, 2025.
___________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
163
NOTICE OF INTENT TO VACATE
NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 20th day of June
2025, the City Commission of the City of Bozeman, Montana, duly and regularly passed and
adopted Resolution 2025-XX, entitled:
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION
OF SAID COMMISSION TO DISCONTINUE, ABANDON AND
VACATE THE NORTH SOUTH ALLEY RIGHT-OF-WAY
ADJACENT TO LOT 8 AND LOTS 11 THROUGH 21 BETWEEN
EAST COTTONWOOD STREET AND EAST PEACH STREET
WITHIN THE 100 BLOCK OF THE NORTHERN PACIFIC
ADDITION TO BOZEMAN, CITY OF BOZEMAN, GALLATIN
COUNTY, MONTANA.
NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 17th day of June 2025
at 6:00 p.m. at the Commission Meeting Room, City Hall, 121 N. Rouse Avenue, Bozeman,
Montana, is designated as the time and place to hear objections to the vacation of the alley right-
of-way more particularly described in the Resolution of Intention, and is the time and place for
any person whose property abuts upon the portion of the alley rights-of-way affected by the
proposed vacation to appear and object, if they wish to do so.
DATED this 20th day of June 2025.
___________________________________
MIKE MAAS
City Clerk
Legal Ad
Publish:
May 24, 2025
May 31, 2025
164
MT
Community Development
_______________________________________ __________________
N1
NOTICING CHECKLIST
NOTICING PROCEDURE
Notice is required for certain projects in order for citizens to participate in decision making which affects their interests and
provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision
maker. The applicant is responsible for posting the project site and mailing a notice per the requirements of the Bozeman
Municipal Code (BMC). Public noticing for comment periods or hearings and associated application information, timing, type, and
location is required by law per Section 38.220.400, BMC. See form N2 Noticing Instructions and Declaration Form on how to notice
your project, send mailings, and post on the project site.
NOTICING CHECKLIST (NON-CERTIFIED MAILINGS)
The following is required materials for applications that do not require certified mail - Site Plan, Master Site Plan, Conditional
Use Permit, Special Use Permit, Variance, Deviation, First Minor Subdivision, Planned Unit Development, Appeals, Zone Map
Amendment, Growth Policy Amendment, Annexation.
1. Completed and signed property adjoiners certificate form N1.
2. Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this
checklist.
NOTICING CHECKLIST (CERTIFIED MAILINGS)
The following is required materials for applications that do require certified mail - Major and Subsequent Minor Subdivisions.
1. Completed and signed property adjoiners certificate form N1.
2. Legible list of full names and addresses of all property owners within 200 feet of the project site and not physically
contiguous (touching a boundary) to the subdivision, attached to this checklist. Clearly label list ADJOINER NOT CONTIGUOUS.
3. Legible list of full names and addresses of all property owners physically contiguous (touching a boundary) including
recorded purchasers under contract for deed to be sent certified mail attached to this checklist. Clearly label list ADJOINER CONTIGUOUS.
PROPERTY OWNER RECORDS
Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in the Gallatin County
Courthouse at 311 West Main Street Bozeman, Montana.
CERTIFICATION AND SIGNATURES
I, _____________________________________________, hereby certify that, to the best of my knowledge, the attached name
and address list of all adjoining property owners (including all condominium owners), within 200 feet of the property located at
____________________________________________________, is a true and accurate list from the last declared Gallatin County
tax records. I further understand that an inaccurate list may delay review of the project.
Signature Date
CONTACT US
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
Bozeman, MT 59715 planning@bozeman.net
www.bozeman.net/planning
Noticing Checklist Page 1 of 1 Revision Date: November 2021 165
166
1
LegalDescr AddressLin OwnerName OwnerAddre OwnerCity ST Zip
NORTHERN PACIFIC ADD, S06, T02 S, R06 E, BLOCK 101, Lot 20 - 22 705 E COTTONWOOD RD BIG DOG REAL ESTATE LLC 1970 STADIUM DR STE 1 BOZEMAN MT 59715-0623
NORTHERN PACIFIC ADD, S06, T02 S, R06 E, BLOCK 101, Lot 15 - 16 713 E COTTONWOOD RD BRIEF ANDREW S & KELLY L 550 LOOKABOUT LN MANHATTAN MT 59741-8080
NORTHERN PACIFIC ADD, S06, T02 S, R06 E, BLOCK 101, Lot 12 - 13 CITY OF BOZEMAN PO BOX 1230 BOZEMAN MT 59771-1230
NORTHERN PACIFIC ADD, S06, T02 S, R06 E, BLOCK 100, Lot 1 - 8 & 11-28 707 E PEACH ST CLOVERLEAF PROPERTY LLC PO BOX 161236 BIG SKY MT 59716-1236
NORTHERN PACIFIC ADD, S07, T02 S, R06 E, Lot 21A, PLAT C-23-A33 (IN BLK 50 & 53)422 N PLUM AVE CYPRESS TREE LLC THE C/O MOUNTAINS WALKING
422 N PLUM AVE
BOZEMAN MT 59715-3038
NORTHERN PACIFIC ADD BOZEMAN, S07, T02 S, R06 E, BLOCK 52, Lot 7A & 10A, ACRES
0.18, PLAT C-23-A44
716 E PEACH ST DAMIANO JOHN EVELINE LOUIS 204 WESTRIDGE DRIVE BOZEMAN MT 59715-6025
NORTHERN PACIFIC ADD, S06, T02 S, R06 E, BLOCK 101, TRACT 1 PLAT C-23-A27 BEING
PART OF LOTS 9, 10 & E17' LOT 11 & VAC ST
EAST COTTONWOOD AND FRONT LLC PO BOX 850 BOZEMAN MT 59771-0850
NORTHERN PACIFIC ADD, S06, T02 S, R06 E, BLOCK 101, Lot 9 - 11, TRACT 5 OF LOTS 725 E COTTONWOOD ST EAST COTTONWOOD AND FRONT LLC PO BOX 850 BOZEMAN MT 59771-0850
NORTHERN PACIFIC ADD, S06, T02 S, R06 E, BLOCK 101, Lot 14 717 E COTTONWOOD AVE FAIRCHILDS JOSHUA R & SCANDOVAL ANGELA R 717 E COTTONWOOD AVE BOZEMAN MT 59715
NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 52, Lot 3 - 4, PLAT C-23 706 E PEACH ST HOITSMA TODD R & AMY KELLEY 706 E PEACH ST BOZEMAN MT 59715-3036
NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 52, Lot 1 - 2, PLAT C-23 702 E PEACH ST KAPSNER HOPE & MATTHEW 702 E PEACH ST BOZEMAN MT 59715-3036
NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 52, Lot 5 - 6, PLAT C-23 712 E PEACH ST KLEINE JULIE & MUGAAS AARON 2345 ARROWLEAF HILLS DR BOZEMAN MT 59715-9277
NORTHERN PACIFIC ADD, S06, T02 S, R06 E, BLOCK 101, Lot 17 - 19 707 E COTTONWOOD RD MATTHEWS GREGORY TRUSTEE 3261 HARRISON ST SAN FRANCISCO CA 94110-5212
NORTHERN PACIFIC ADD, S06, T02 S, R06 E, BLOCK 101, TRACT 5 PT LOT 9,10 & PT E 17'
LOT 11
PAVLIC ROBERT &720 FRONT ST BOZEMAN MT 59715-3067
NORTHERN PACIFIC ADD, S07, T02 S, R06 E, ALL LESS W 71' OF LOTS 7-10 BLK 52 PLAT C-
23
724 E PEACH ST RYAN CATHERINE BREINER 124 HERITAGE DR BOZEMAN MT 59715-9224
NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 52, Lot 11 - 12, PLAT C-23 513 N PLUM AVE SIENKIEWICZ STANLEY & ELEANOR 513 N PLUM AVE BOZEMAN MT 59715-3039
NORTHERN PACIFIC ADD, S07, T02 S, R06 E, BLOCK 53, Lot 11 - 46, PLUS POR VAC ALLEY
X NORTHERN PACIFIC ADD BOZ LOTS 19-32 NORTH OF AVACADO ST LOT 33 BLK 83
WESTLAND ENTERPRISES INC PO BOX 938 BOZEMAN MT 59771-0938
NORTHERN PACIFIC ADD, S06, T02 S, R06 E, BLOCK 53, Lot 1 - 10 & 34, ACRES 0.99 WESTLAND ENTERPRISES INC PO BOX 938 BOZEMAN MT 59771-0938
200ft Buffer from Alley.xls 167
CITY ENGINEERING STAFF REPORT
Proposed alley vacation running north-south between East Cottonwood Street and East Peach Street within the
100 Block of the Northern Pacific Addition to Bozeman.
Background
A petition to vacate alley right-of-way running north-south between East Cottonwood Street and East
Peach Street within the 100 Block of the Northern Pacific Addition to Bozeman was received from
Cloverleaf, LLC and referred to staff for review. The Engineering Division reviewed the requested
abandonment by the criteria set forth in Commission Resolution 3628.
The alley, highlighted in red on Exhibits 1, 2 and 3, runs north-south between East Peach Street and East
Cottonwood Street. It was established as part of plat C-23 of the Northern Pacific Addition dedicated in
1883 (Exhibit 4). The alley, as with all alleys on the plat, has a width of 16 feet. It is 300 feet in length, for
a total of 4,800 square feet. The alley appears only on the plat of record and is not currently in use. The
alley is unpaved. Site photos and aerial imagery on Exhibit 2 indicate that portions of the alley were used
for storage by the previous owner and that there are mature trees growing in the alley.
The petition to vacate alley right-of-way was received from a developer, Cloverleaf LLC, with the intent
to facilitate more efficient future redevelopment of the adjacent parcels. Future redevelopment will be
required to be reviewed and approved through the applicable development application process.
Impact on Private and Public Utilities
No existing or proposed public or private utilities are located in the alley proposed for vacation. Exhibit 3
illustrates all public utilities serving the parcels adjacent to the alley.
Existing 6-inch public water mains are located within the rights-of-way of East Peach Street, North Ida
Avenue, and East Cottonwood Street. An existing 12-inch public water main is located within the right-
of-way of East Cottonwood Street. Fire hydrants are adjacent to the parcels on East Peach Street and
East Cottonwood Street.
An existing 6-inch public sanitary sewer main is located within the right-of-way of East Cottonwood
Street. An existing 8-inch public sanitary sewer main is located within the right-of-way of East Peach
Street. An existing 10-inch public sanitary sewer main is located within the right-of-way of Plum Avenue.
Existing 15-inch public stormwater mains are located within the right-of-way of East Peach Street.
Existing 8-inch public stormwater mains are located within the right-of-way of Plum Avenue.
As shown on Exhibit 5, power and communications utilities provide service from Ida Avenue to the
existing buildings adjacent to Ida Avenue. The structure closest to Plum Street is serviced via overhead
lines from East Peach Street and Plum Avenue.
This review demonstrates that no existing public or private utilities would be affected by this proposed
abandonment. Staff further reviewed the City’s water and sewer master facility plans and no known
168
improvements are scheduled that would be affected by the proposed abandonment. Future
redevelopment applications will be required to comply with utility standards and reviewed for impacts
on the surrounding utility network.
Impact on Traffic & Accessibility
The proposed alley vacation will not affect any existing traffic patterns, as the right-of-way is not
currently used for transportation. Upon review of the city’s Transportation Master plan, no projects
requiring use of this alley right-of-way were found. Future development applications will be required to
comply with transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks.
Staff acknowledges that future development of the site adjacent to the proposed alley vacation will
generate trip demand that will cause impacts to the surrounding transportation network. Access to and
from the site will also likely be via alley access. However, loading future traffic demand onto the existing
alley proposed for vacation poses challenges to safety and operations along Peach and Cottonwood.
Peach Street is designated as a collector route. Along Peach Street, the intersection of the alley is not
adequately separated from the intersections of Ida Avenue and Plum Avenue. This spacing deficiency is
inconsistent with City intersection separation standards and potential safety and operational concerns.
Per Table 38.400.090-1 of the BMC, the minimum separation between public accesses along a Collector
street is 330 feet for full access and 150 feet for partial access. The distance between the alley and Plum
Avenue is 110 feet and therefore does not meet the minimum separation requirements.
The subject alley also intersection Cottonwood to the north at a sharp jog in horizontal alignment,
illustrated in Exhibit 1. If the alley were to service traffic, this intersecting location and substandard
geometry would cause significant safety and operational concerns.
For these reasons, staff finds positive benefit from vacation of the subject alley.
Impact on Fire, Police, and Other Emergency Services
No impact to these services were identified. Future development applications will be required to
provide adequate access for emergency services.
Impact on Garbage Collection and Maintenance
No impact to these services were identified. Future development applications will be required to
provide adequate access garbage collection.
Alternatives to Vacation
Staff has identified no alternatives to alley vacation that would accomplish the goals of the petition to
vacate. Further, denial of the alley vacation request will risk perpetuating the non-conforming access
spacing issue on Peach Street and intersection geometrics concern on Cottonwood.
169
Recommendation
Staff recommends approval of the proposed alley vacation. Vacation of the alley right-of-way as
requested by petition can be accomplished without detriment to public interest and has been found to
be the preferred alternative. The alley vacation would allow for the most efficient use of this property
for future redevelopment and improve public safety by reducing transportation challenges noted in this
report.
It is recommended that the existing east-west alley be extended to North Ida Avenue to provide east-
west connectivity through the block for future redevelopment. It is also recommended that the existing
east-west alley be widened to a minimum of 20 feet wide to meet the current alley width standard listed
in BMC 38.400.060.B.2. Staff recommends that the Resolution shall not be effective or recorded until a
continuous east-west alley easement, which is a minimum of 20 feet wide, from North Ida Avenue to
Plum Avenue is executed and recorded.
170
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Addition to Bozeman
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174
11-24-24
175
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:A Resolution, Declaring the Intent of the Commission to Change the Name of
Elaine Lane to Fly Fisher Run
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I move to approve a resolution Declaring the Intent of
the Commission to change the name of Elaine Lane to Fly Fisher Run.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:City of Bozeman Resolution 3628 defines the procedure for changes in name
and vacation of streets or alleys.
The City of Bozeman received a request from a resident to change the name
of Elaine Lane to Fly Fisher Run. Note that a previous petition proposing to
change the name to Naughty Trout Run was withdrawn by the applicant.
Bozeman Commission has previously approved through Consent item G.8 on
May 6, 2025 an acknowledgment of receipt of the current petition to change
the name of Elaine Lane to Fly Fisher Run. The proposed "Declaring the
Intent" resolution under consideration in this Consent Item is the next step
in the procedure; it directs the City Clerk to publish public notice as required
in Montana Code Annotated and identifies the regular session of the City
Commission of the City of Bozeman to be held at the Commission Meeting
Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on Tuesday, the
17th day of June, 2025, at the hour of 6:00 p.m. as the time and place where
and when the City Commission will hear all objections to changing the name
of Elaine Lane to Fly Fisher Run. Commission decision on the petition will be
made at that time. The Department of Transportation and Engineering has
completed an evaluation of the petition and attached a Staff Report.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Failure to approve will result in the denial of the petition prior to hearing
and decision.
176
FISCAL EFFECTS:None.
Attachments:
Resolution_of_Intent_Elaine_Lane_to_Fly_Fisher_Run.docx
Notice_of_Intent-Elaine_Lane_to_Fly_Fisher_Run.docx
Elaine Lane - Noticing List.pdf
Draft Staff Report - Elaine Lane to Fly Fisher Run.pdf
Report compiled on: May 8, 2025
177
RESOLUTION #2025-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION
TO RE-NAME ELAINE LANE TO FLY FISHER RUN IN THE CITY OF BOZEMAN,
MONTANA.
WHEREAS a resident has presented a petition requesting that Elaine Lane be changed
to Fly Fisher Run.
WHEREAS,it appearsto theCityCommission, basedonthestaffreport submitted, that
the subject street can be renamed without detriment to the public interests; and
WHEREAS it appears to the City Commission to be in the best interests of the City of
Bozeman, and the inhabitants therein, that said Elaine Lane be re-named Fly Fisher Run.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
It is hereby declared to be the intention of the City Commission of the City of Bozeman,
Montana, to re-name Elaine Lane to Fly Fisher Run, said street being located:
off Springhill Road, just north of the Riverside Country Club and
the Riverside Greens Subdivision, in COS 3030, located in Section 23,
Township 1 South, Range 5 East, as shown on attached Exhibit A.
That the Clerk of the Commission of the City of Bozeman is hereby directed to publish
notice in Bozeman Daily Chronicle per Section 7-1-4127, Montana Code Annotated, and mail
notice to the affected property owners, which notice shall state the time and place at which
objections will be heard.
On June 17, 2025, at 6:00 p.m., in the Commission Room of City Hall, 121 N Rouse
Ave, Bozeman, Montana, the City Commission of the City of Bozeman will conduct a public
hearing regarding the re-naming of Elaine Lane to Fly Fisher Run. This is the time that the
178
Commission will hear all objections to the re-naming of said street.
Written protests pertaining to the re-naming of Elaine Lane to Fly Fisher Run may be
filed by an owner of real property who would be affected by the change. Such protests must be
delivered to the City Clerk at the City Hall, 121 N Rouse Ave, Ste 200, Bozeman, MT not later
than 5:00 p.m., MST., on Monday, June 9, 2025.
Further information regarding the proposed change, or other matters in respect thereof,
may be obtained from the City Engineer, PO Box 1230, Bozeman, MT 59771, or by telephone at
(406)582-2280.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 20th day of May 2025.
TERRY CUNNINGHAM
Mayor
ATTEST:
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
179
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman,
Montana (the “City”) hereby certify that the attached resolution is a true copy of Resolution
#2025-XX entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO RE-NAME ELAINE LANE TO FLY FISHER RUN IN THE CITY OF
BOZEMAN, MONTANA.” (the “Resolution”), on file in the original records of the City in my
legal custody; that the Resolution was duly adopted by the City Commission of the City at a
meeting on May 20, 2025, and that the meeting was duly held by the City Commission and was
attended throughout by a quorum, pursuant to call and notice of such meeting given as required by
law; and that the Resolution has not as of the date hereof been amended or repealed. I further
certify that, upon vote being taken on the Resolution at said meeting, the following
Commissioners voted in favor thereof:voted against the
same: abstained from voting thereon: or were
absent:
WITNESS my hand officially this 20th day of May, 2025.
MIKE MAAS
City Clerk
180
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO RE-NAME ELAINE LANE TO FLY FISHER RUN IN THE CITY OF BOZEMAN,
MONTANA.
NOTICE IS HEREBY GIVEN that on May 20, 2025, the City Commission (the “Commission”)
of the City of Bozeman, Montana (the “City”), adopted Resolution #2025-XX, a Resolution of
Intention to change the street name of Elaine Lane to Fly Fisher Run. You are receiving this
notice because you are considered an owner of real property within the area affected by the
street name change.
NOTICE IS FURTHER GIVEN that a complete copy of said Resolution #2025-XX is on file in
the office of the City Clerk, 121 N Rouse Ave., Ste 200, Bozeman, Montana, and is subject to
inspection of all persons interested. The Resolutions and accompanying exhibits may be also
viewed on the City’s website at www.bozeman.net.
On June 17, 2025, at 6:00 p.m., in the Commission Room of City Hall, 121 North Rouse Avenue,
Bozeman, Montana, the City Commission will conduct a public hearing regarding adoption of
Resolution renaming Elaine Lane to Fly Fisher Run and pass upon all written protests regarding
the renaming.
Written protests regarding the re-naming of Elaine Lane to Fly Fisher Run may be filed by an
owner of real property whose property in the area to be affected by the street name change. Such
protests must be delivered to the City Clerk at the City Hall, 121 North Rouse Avenue, Suite 200,
Bozeman, Montana not later than 5:00 p.m., MST., on Monday, June 9, 2025.
Further information regarding the proposed change or other matters in respect thereof may be
obtained from the City Engineer, PO Box 1230, Bozeman, Montana, 59771 or by telephone at
(406) 582-2280.
181
NOTICE OF INTENT TO VACATE
NOTICE IS HEREBY GIVEN that, at its regular meeting held on the May 20, 2025, the City
Commission of the City of Bozeman, Montana, duly and regularly passed and adopted Commission Resolution
#2025-___, entitled:
RESOLUTION #2025-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO RE-NAME ELAINE LANE TO FLY FISHER RUN IN THE CITY
OF BOZEMAN, MONTANA.
NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 17th day of June 2025, at 6:00 p.m. in
the Commission Meeting Room, City Hall, 35 N. Rouse Avenue, Bozeman, Montana, is designated as the time
and place to hear objections to the renaming of the street, more particularly described in the Resolution of
Intention, and is the time and place for any person affected by the proposed renaming to appear and object, if they
wish to do so.
DATED this 20th day of May 2025.
_________________________________________
MIKE MAAS
City Clerk
Legal Ad
Publish:
May 24, 2025
May 31, 2025
182
First Name Last Name Address City State Zip Code Contact:Lot or Tract Subdivision or COS Tax Code Geo Code
Street
Address
Street
Name
Street
Type Description Township Range Section Zip Code
Craig and Alice Robinson 1253 Parkside Dr E Seattle WA 98112-3717 Lot 1 Minor Sub 394 RFG57070 06-0904-23-4-07-20-0000 103 Elaine Ln 1S 5E 23 59718
Riverside Country Club Inc 2500 Springhill Road Bozeman MT 59718-8466 Bayliss Ward COS 589 less COS 3030 RFG9060 06-0904-26-1-48-01-0000 32 Elaine Ln Riverside Country Club Employee Parking Access1S 5E 23/26 59718
183
CITY ENGINEERING DRAFT STAFF REPORT
Proposal to change the street name “Elaine Lane” to “Fly Fisher Run.”
Background
Elaine Lane is a short, dead-end street located off Springhill Road, just north of the
Riverside Country Club and the Riverside Greens Subdivision and just south of
Stonegate Drive. Elaine Lane is located in Section 23, Township 1 South, Range 5
East. Elaine Lane is identified and described in the final plat for Minor Subdivision
394. Elaine Lane is privately maintained. The owners of Lot 1 of Minor Subdivision
394, at the end of Elaine Lane have petitioned for a name change. Initially, it was
believed that the petition would go through Gallatin County for approval, as the Lot
1 lies outside the city limits. However, Elaine Lane was annexed into the City of
Bozeman in 2022, via Resolution 5355, and therefore the matter is under the
jurisdiction of the Bozeman City Commission for review.
Impact on adjacent property
At present, three properties take public access from Elaine Lane. One is owned the
petitioners, Craig and Alice Robinson and the other two are owned by Riverside
Country Club, Inc. Changing the name from Elaine Lane will not change the public
access to these properties.
There are currently two addresses assigned from Elaine Lane. One assigned to the
parcel owned by the petitioners and the other assigned to a parcel owned by
Riverside Country Club, Inc. These are the only addresses that would be directly
impacted by the proposed name change. The cost of changing the addresses for
these properties is expected to be minimal, and the responsibility for covering this
cost would fall to the respective property owners. The responsibility for installation
of the new street sign and all costs associated with the new street sign, including
installation and future maintenance, will be the responsibility of the property
owners along this private road.
Impact on Traffic & Accessibility
As discussed previously, the proposed name change will not impact the accessibility
of the City’s street network. There are no known changes to the adjacent properties
and no traffic impact is anticipated with the name change. The road's function and
the flow of traffic will remain unaffected by the name change.
184
Impact on Fire, Police, and Other Emergency Services
If the proposed name change is approved, the City Engineering Department will
notify emergency services to ensure they are aware of the update. Additionally, the
City’s GIS Department will update both online and hard copy maps to reflect the
change. The impact on police, fire, and other emergency services is expected to be
negligible, as the change involves only three private properties with minimal
disruption to existing operations.
Impact on Garbage Collection and Maintenance
If the proposed name change is approved, the City Engineering Department will
notify the solid waste department of the update. However, the impact on the City’s
solid waste department is expected to be negligible, as the change involves only a
small number of properties and will not significantly affect their operations.
Impact on Private & Public Utilities
The proposed street name change will have no impact on private or public utilities.
Public Comment
No public comment was received prior to this draft report. This section will be
updated prior to the public hearing.
Alternative Considerations
The street name could be left as “Elaine Lane.” The street would continue to
function as is with no changes to addresses or access.
Recommendation
Changing the name “Elaine Lane” to “Fly Fisher Run” can be done without detriment
to the public interest.
185
Memorandum
REPORT TO:City Commission
FROM:Terry Cunningham, Mayor
SUBJECT:Proclaiming Pride Week
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Mayor Cunningham will proclaim Pride Week for Bozeman.
STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity
through policies and public awareness.
BACKGROUND:The City of Bozeman has resolved to ensure that all residents, visitors, and
City of Bozeman employees can thrive regardless of
their race, identity, or life circumstance.
UNRESOLVED ISSUES:None
ALTERNATIVES:As per Mayor
FISCAL EFFECTS:None
Attachments:
2025 Pride Proclamation.docx
Report compiled on: May 15, 2025
186
Proclamation Regarding Bozeman Pride
Whereas,the City of Bozeman fosters an inclusive and welcoming community where all residents,
visitors, and City of Bozeman employees can thrive regardless of their race, identity, or life
circumstance, including gender identity, expression or sexual orientation,and contribute to the
economic, cultural, and civic success of our city; and,
Whereas, the City of Bozeman condemns bigotry and hate, and enjoins all people to eliminate prejudice
everywhere; and
Whereas, the City of Bozeman and the City Commission rise in support and solidarity with Two-Spirit,
lesbian, gay, bisexual, transgender, queer, intersex, asexual, and others of the gender and sexual
minority community (2SLGBTQIA+) as they seek to live full lives, free from hate, violence, discrimination,
and with access to the same opportunities as all; and
Whereas, June is historically Pride Month, a month celebrating and commemorating the Stonewall
Uprising, a series of spontaneous demonstrations responding to discriminatory and violent persecution
against 2SLGBTQIA+ culture and existence; and
Whereas,the City of Bozeman recognizes the historic and contemporary threats to the lives, well-being,
and existence of 2SLGBTQIA+ individuals –most recently and specifically transgender adults and youth
whose access to healthcare, dignity, and privacy is threatened –and supports efforts to create safe and
welcoming community; and
Whereas, celebrating 2SLGBTQIA+ contributions provides opportunities to support and advance equal
rights for Bozeman’s 2SLGBTQIA+ community; and
Whereas,the City of Bozeman joins the Bozeman Pride Organizing Committee to observe Pride Month,
with events from May 24th through June 7th, that celebrate community, expression, culture, belonging,
and care for all people; and
Therefore, I, Terry Cunningham, Mayor of the City of Bozeman, recognize and Proclaim June as Pride
Month throughout Bozeman, Montana, and further urge our city to condemn hate and to celebrate
2SLGBTQIA+ people through Bozeman Pride 2025.
Signed and Proclaimed this 20th day of May, 2025.
_________________________________
Terry Cunningham
Mayor
Bozeman, Montana
187
Memorandum
REPORT TO:City Commission
FROM:Terry Cunningham, Mayor
SUBJECT:Proclaiming Building Safety Month
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Mayor Cunningham will proclaim May 2025 as Building Safety Month for
Bozeman.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:Building Safety Month is sponsored by the International Code Council
UNRESOLVED ISSUES:None
ALTERNATIVES:As per Mayor.
FISCAL EFFECTS:None.
Attachments:
2025 Building Safety Month Proclamation.pdf
Report compiled on: May 13, 2025
188
Building Safety Month Proclamation – May 2025
Whereas our City of Bozeman, Montana is committed to recognizing that our growth and strength depends
on the safety and essential role our homes, buildings, and infrastructure play, both in everyday life and when disasters strike, and;
Whereas our confidence in the resilience of these buildings that make up our community is achieved through
the devotion of vigilant guardians––building safety and fire prevention officials, architects, engineers,
builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry—
who work year-round to ensure the safe construction of buildings, and;
Whereas these guardians are dedicated members of the International Code Council, a nonprofit that brings
together local, state, territorial, tribal and federal officials who are experts in the built environment to create
and implement the highest-quality codes and standards to protect us in the buildings where we live, learn,
work and play, and;
Whereas these modern building codes and standards include safeguards to protect the public from hazards
such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes, and;
Whereas Building Safety Month is sponsored by the International Code Council to remind the public about
the critical role of our communities’ largely unknown protectors of public safety—our code officials—who
assure us of safe, sustainable and affordable buildings that are essential to our prosperity, and;
Whereas "Game On!," the theme for Building Safety Month 2025, encourages us all to get involved and raise
awareness about building safety on a personal, local and global scale, and;
Whereas each year, in observance of Building Safety Month, people all over the world are asked to consider
the commitment to improve building safety, resilience and economic investment at home and in the
community, and to acknowledge the essential service provided to all of us by local, state, tribal, territorial,
and federal building safety and fire prevention departments, in protecting lives and property.
NOW, THEREFORE, I, Terry Cunningham, Mayor of the City of Bozeman, do hereby proclaim the month of
May 2025 as Building Safety Month. Accordingly, I encourage our citizens to join us as we participate in
Building Safety Month activities.
Signed and Proclaimed this 20th day of May, 2025.
_________________________________
Terry Cunningham
Mayor
Bozeman, Montana
189
Memorandum
REPORT TO:City Commission
FROM:Sarah Rosenberg, Associate Planner
Brian Krueger, Development Review Manager
Erin George, Director of Community Development
SUBJECT:Review and Consider the Boutique Hotel, Located at 240 E. Mendenhall
Street, Site Plan and Commercial Certificate of Appropriateness with a
Deviation Application, Application 24147 (Quasi Judicial)
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the staff findings as
presented in the staff report for application 24147 that the application does
meet the criteria required for approval and move to approve with conditions
the Boutique Hotel application for the deviation requested to allow for
encroachment of open space hardscaping, a 4-foot awning, and supporting
utility infrastructure into the 35-foot watercourse setback.
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:A site plan/commercial certificate of appropriateness with deviation
application at 240 E. Mendenhall Street proposing a six-story hotel with
amenities on a vacant parcel that currently serves as a parking lot. There is a
basement that provides covered bicycle parking, storage, and supporting
building service infrastructure. The first floor includes a hotel lobby,
commercial space, and back of house operations. Each subsequent floor
includes hotel rooms, and a rooftop bar is proposed on the sixth level. The
total number of hotel rooms is 71. Included with this application is a
deviation request to allow for encroachment of structures into the 35-foot
watercourse setback along Bozeman Creek. Per BMC 38.410.100, “where a
development is crossed by or is adjacent to a watercourse, the developer
must mitigate the impacts of the development on the watercourse. This
mitigation may not be less restrictive than the requirements of the city
floodplain regulations or any other applicable regulation of this chapter. The
purpose of this mitigation is bank stabilization; sediment, nutrient and
pollution removal; and flood control.”
Since the subject property was platted prior to July 10, 2002, the setback
190
along Bozeman creek is 35-feet along both sides of the watercourse. The
development proposes hardscaping for the open space, a 4-foot awning, and
supporting utility infrastructure to encroach about 30-feet into the
watercourse setback along the eastern portion of the property. The building
footprint is outside of the watercourse setback.
Per BMC 38.200.010.A.1, where the deviation is for more than 20 percent of
the standard, the City Commission is the review authority and must conduct
a public hearing for this application. A deviation can be requested for
properties within the NCOD due to most of historic Bozeman preceding
zoning regulations and to encourage activity that would contribute to the
overall historic character of the community. The criteria for granting
deviations from the underlying zoning requirements are outlined in BMC
38.340.070.
This site had a previous site plan application (no. 19445) with deviation
request that was approved on March 9, 2020, by the City Commission to
allow for encroachment of open space hardscaping and a 4-foot awning into
the 35-foot watercourse setback. The project was to develop a six-story
mixed-use building with open space along Bozeman Creek. The approval of
tthe application expired.
The staff report has been updated to reflect the change in the City
Commission review date from April 15, 2025 to May 20, 2025 based on a
request from the applicant. The City Commission at their April 15, 2025
meeting continued the agenda item to a date certain of May 20, 2025. The
conditions of approval have been updated to reflect proposed language
changes requested by the applicant. The public comment section has been
updated to reflect the public comment that has been received to date for
the application.
UNRESOLVED ISSUES:There are no unresolved issues with this application.
ALTERNATIVES:1. Deny the application based on the Commission’s findings of
noncompliance with the applicable criteria contained within the staff report;
or
2. Approve the application;
3. Approve the application with the addition of specific conditions based on
the Commission’s findings;
4. 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:None
Attachments:
24147 staff report CC 2.0.docx
Report compiled on: May 14, 2025
191
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 1 of 21
24147; Boutique Hotel Site Plan/Commercial Certificate of Appropriateness with Deviation
Application
Public Meeting Date:
City Commission meeting will be held – Tuesday, May 20, 2025, at 6:00 pm
Project Description: Site Plan application proposes a six-story hotel with amenities on a vacant parcel
that currently serves as a parking lot. The ground floor includes a hotel lobby, commercial space, and
back of house operations. Each subsequent floor includes hotel rooms, and a rooftop bar is proposed on
the sixth level. The total number of hotel rooms is 71. Site improvements include sidewalk, streetscape,
landscaping, and additional site amenities. The applicant proposes off-site parking to accommodate the
required parking. The property is zoned B-3 and is in the Neighborhood Conservation Overlay District
(NCOD).
The project is located directly adjacent to Bozeman Creek, which requires a 35-foot setback along both
sides of the creek per BMC 38.410.100. While the proposed building is located outside of the watercourse
setback, the applicant is requesting to allow for up to a 30-foot encroachment into the watercourse setback
for open space hardscaping and patio space, a 4-foot awning, and supporting utility infrastructure. Per
BMC 38.200.010.A, the City Commission is the review authority where a deviation is more than 20
percent of the standard.
A deviation can be requested for properties within the NCOD due to most of historic Bozeman preceding
zoning regulations and to encourage activity that would contribute to the overall historic character of the
community. The criteria for granting deviations from the underlying zoning requirements are outlined in
BMC 38.340.070.
Project Location: 240 E. Mendenhall St., Bozeman Original Plat, S07, T02 S, R06 E, Block D, Parcel A
Plat C-1-H, City of Bozeman, Gallatin County, Montana
Staff Finding: The application does conform to standards and criteria and is sufficient for approval.
Recommended Motion:Having reviewed and considered the application materials, public comment, and
all the information presented, I hereby adopt the staff findings as presented in the staff report for
application 24147 that the application does meet the criteria required for approval and move to approve
with conditions the Boutique Hotel application for the deviation requested to allow for encroachment of
open space hardscaping, a 4-foot awning, and supporting utility infrastructure into the 35-foot
watercourse setback.
Report Date:May 13, 2025
Reviewing Staff: Sarah Rosenberg, AICP, Associate Planner
Simon Lindley, Project Engineer
Agenda Item Type:Action (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date. The full
application and file of record can be viewed digitally at the Community Development Department at 20
E. Olive Street, Bozeman, MT 59715, as well as digitally at
https://www.bozeman.net/departments/community-development/planning/project-information-portal,
select the “Project Documents Folder” link and navigate to application 24147. They are also available in
the City’s Laserfische folder and may be accessed through the Community Development viewer.
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24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 2 of 21
Unresolved Issues:
There are no unresolved issues with this application.
Project Summary:
The Department of Community Development received a site plan/commercial certificate of
appropriateness with a deviation application on March 25, 2024, proposing a six-story hotel with
amenities on a vacant parcel that currently serves as a parking lot. There is a basement that provides
covered bicycle parking, storage, and supporting building service infrastructure. The first floor includes a
hotel lobby, commercial space, and back of house operations. Each subsequent floor includes hotel rooms,
and a rooftop bar is proposed on the sixth level. The total number of hotel rooms is 71.
Included with this application is a deviation request to allow for encroachment of structures into the 35-
foot watercourse setback along Bozeman Creek. Per 38.410.100, “where a development is crossed by or
is adjacent to a watercourse, the developer must mitigate the impacts of the development on the
watercourse. This mitigation may not be less restrictive than the requirements of the city floodplain
regulations or any other applicable regulation of this chapter. The purpose of this mitigation is bank
stabilization; sediment, nutrient and pollution removal; and flood control.” Since the subject property was
platted prior to July 10, 2002, the setback along Bozeman creek is 35-feet along both sides of the
watercourse. The development proposes hardscaping for the open space, a 4-foot awning, and supporting
utility infrastructure to encroach about 30-feet into the watercourse setback along the eastern portion of
the property.
Per 38.200.010.A.1, where the deviation is for more than 20 percent of the standard, the City Commission
is the review authority and must conduct a public hearing for this application. The application must meet
the standards for granting deviations in section 38.340.070 of the Unified Development Code. A
description and staff evaluation are outlined in this report.
This site had a previous site plan application (no. 19445) with deviation request that was approved on
March 9, 2020, by the City Commission to allow for encroachment of open space hardscaping and a 4-
foot awning into the 35-foot watercourse setback. The project was to develop a six-story mixed-use
building with open space along Bozeman Creek. The approval of the application expired.
On March 11, 2025, the Development Review Committee (DRC) found the application contained the
required application materials with sufficient information for the City to consider the application
adequate. The DRC finds that the application does conform to standards and criteria and is sufficient for
conditional approval.
The public noticing period ran from March 17 to April 15, 2025. The City has received twenty-nine letters
of public comment on the application as of the writing of this report. Public comment is accepted until
such time that the City Commission closes the public comment period.
Alternatives:
1. Deny the application based on the Commission’s findings of non-compliance with the applicable
criteria contained within the staff report; or
2. Approve the application.
3. Approve the application with the addition of specific conditions based on the Commission’s
findings.
4. Continue the public meeting on the application, with specific direction to staff or the applicant to
supply additional information or to address specific items.
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24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 3 of 21
Table of Contents
EXECUTIVE SUMMARY ..........................................................................................................................1
Unresolved Issues:................................................................................................................................2
Project Summary:..................................................................................................................................2
Alternatives:..........................................................................................................................................2
SECTION 1 – MAP & PLAN SERIES....................................................................................................4
Exhibit 1 – Location and zoning of subject property............................................................................4
Exhibit 2 – Future Land Use Map.........................................................................................................5
Exhibit 3 – Site Plan .............................................................................................................................6
Exhibit 4 – Watercourse setback...........................................................................................................7
Exhibit 5 – Elevations...........................................................................................................................8
SECTION 2 – RECOMMENDED CONDITIONS OF APPROVAL....................................................10
SECTION 3 – CODE REQUIREMENTS..............................................................................................10
SECTION 4 – RECOMMENDATION AND FUTURE ACTIONS......................................................11
SECTION 5 – STAFF ANALYSIS AND FINDINGS...........................................................................11
BMC 38.230.100 – Plan Review Criteria...........................................................................................11
BMC 38.230.080 – Certificate of Appropriateness Criteria...............................................................15
BMC 38.250.050 – Deviations...........................................................................................................15
Conformance with adopted City of Bozeman Plans...........................................................................17
Conclusion..........................................................................................................................................19
APPENDIX A – NOTICING AND PUBLIC COMMENT ...................................................................19
APPENDIX B – RELEVANT MUNICIPAL STATUTES....................................................................21
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ...........................................21
194
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 4 of 21
SECTION 1 MAP & PLAN SERIES
Exhibit 1 Location and zoning of subject property
195
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 5 of 21
Exhibit 2 Future Land Use Map
196
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 6 of 21
Exhibit 3 – Site Plan
197
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Exhibit 4 – Watercourse setback (in red)
198
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Exhibit 5 Elevations
199
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24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 10 of 21
SECTION 2 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report.
These conditions are specific to this project.
Recommended Conditions of Approval:
1. BMC 38.340.010.F. The applicant must consult with a qualified professional, approved by the
Director of Community Development, to conduct archeological monitoring or another similar
process before and during excavation work. Any items of significance found must be reported and
cataloged. A report of the process conducted and the findings following the exploration and
monitoring must be submitted to the Community Development Department.
2. BMC 38.340.010.F. The applicant must submit a proposal to the Community Development
Department for an on-site installation that recognizes the history and significance of the site. This
may include, but is not limited to a sign, artwork, plaque, or other commemorative display. The
proposal must specify the design, content, and the intended location on the site. The content must
include, at a minimum, the site's history, historic photographs, and recognition of the creek. The
applicant is encouraged to work with the Downtown Bozeman Partnership and other appropriate
parties to adhere to the Downtown Bozeman Improvement Plan. The proposed installation must be
reviewed and approved by the Community Development Department prior to installation and must
be in place prior to planning approval of final routing for occupancy.
3. The applicant must ensure the exterior patio is a public-use area (as defined by the International
Building Code 2021) that makes exterior spaces available to the general public.
SECTION 3 – CODE REQUIREMENTS
1. BMC 38.220.020. A. Sec. 38.220.020. - Streambed, streambank and/or wetlands permits. The
developer must provide the community development department with a copy of all required
streambed, streambank or wetlands permits, or written notification from the appropriate agency that
a permit is not required, prior to the commencement of any work on the site
2. BMC 38.240.350. A subdivision exemption application is required to aggregate the underlying lots.
The amended plat must be approved and recorded with the Gallatin County Clerk & Recorder prior
to final site plan approval.
3. BMC 38.250.060. Prior to final site plan approval, the applicant must pay the departure fee to allow
an alternative to the transparency standard on the north elevation.
4. BMC 38.540.070. The use depends on off-site parking to meet parking requirements. The applicant
must provide evidence to the Community Development Department of a long-term lease agreement
for parking utilization of the off-site location prior to final site plan approval.
5. BMC 38.270.030. The applicant proposes concurrent construction of the building and the
infrastructure improvements. The applicant must fulfill the requirements of section 38.270.030 D,
BMC prior to the issuance of a building permit for the proposed development or per 38.270.030.C
complete construction of all off-site infrastructure first.
6. BMC 38.600.170.C.4A floodplain permit must be obtained prior to final site plan approval. The
floodplain permit application and required materials shall be provided to the City floodplain
administrator electronically through the PDox electronic plan review system.
7. BMC 38.600.220.D, that prior to receiving a Certificate of Occupancy, the Applicant must submit a
certification from the design engineer or architect that the completed project conforms with the
approved floodplain permit, and a fully completed FEMA Floodproofing Certificate for Non-
Residential Structures acceptable to the Floodplain Administrator.
8. BMC 38.410.130. The development's estimated average municipal water demand is 8.80 ac-feet.
The estimate will be uploaded to the project file. The demand must be offset prior to final site plan
approval. To offset the demand by paying cash-in-lieu of water right a fee of $52,801 must be paid
prior to final site plan approval.
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24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 11 of 21
9. BMC Chapter 40, Article 4. Any work on the site must conform to the approved stormwater permit.
10. BMC 38.410.100. The applicant must work with the Engineering Division on any restoration work
beyond the approved landscaping plan. Any additional trees that need to be removed along the creek
bed during the construction process must be approved by the City Forester prior to removal.
11. BMC 34.05.060. and 34.05.070. Valet services that involve the elimination of any on-street parking
along East Mendenhall Street requires approval from the Parking Commission through the
infrastructure review process.
SECTION 4 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was adequate review on March
11, 2025. The DRC finds that the application conforms to standards and is sufficient for approval with
conditions and code provisions. Furthermore, the DRC finds that the application meets all deviation
criteria and findings to support the approval of the request which are outlined below in this staff report.
While site plan applications are typically reviewed administratively, because the applicant requests a
deviation for more than 20% of the standard, the City Commission retains to itself the review authority
and the approval of the entire application requires the approval of the deviation. The City Commission
meeting will be held Tuesday, May 20, 2025, at 6:00 pm
SECTION 5 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials, municipal
codes, standards, plans, public comment, and all other materials available during the review period.
Collectively this information is the record of the review. The analysis in this report is a summary of the
completed review.
The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as
conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or State law.
Applicable Plan Review Criteria – Section 38.230, BMC
In considering applications for plan approval, the review authority evaluates the following criteria. This
application must comply with all applicable requirements of BMC chapter 38 including overlay district
requirements. The staff provides findings analyzed under the following relevant sections of code and
applicable plans:
•BMC 38.230.100 – Plan Review Criteria
•BMC 38.230.080 – Certificate of Appropriateness Criteria
•BMC 38.250.050 – Deviations
•Conformance with other City adopted plans
BMC 38.230.100 – Plan Review Criteria
Conformance with City’s adopted Growth Policy (38.100.040.D)
The subject property is designated as Traditional Core. The Bozeman 2020 Community Plan states, “the
traditional core of Bozeman is the historic downtown. This area has an extensive mutually supportive
diversity of uses, a strong pedestrian and multi-modal transportation network, and a rich architectural
character. Essential government services, places of public assembly, and open spaces provide the civic
and social core of town. Residential development on upper floors is well established. New residential uses
should be high density. The area along Main Street should be preserved as a place for high pedestrian
activity uses, with strong pedestrian connectivity to other uses on nearby streets. Users are drawn from
the entire planning area and beyond. The intensity of development is high with a Floor Area Ratio well
over 1. Future development should continue to be intense while providing areas of transition to adjacent
areas and preserving the historic character of Main Street.”
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The application conforms to the Traditional Core category as it proposes a high intensity development. It
expands upon the existing activity of downtown. It also utilizes an undeveloped site and promotes
pedestrian connectivity.
Conformance with Article 2 – Submittal Material Requirements (38.220)
The site plan and commercial certificate of appropriateness are met with this project. The project
conforms to zoning provisions, community design provisions, and project design provisions. See the
analysis below for how the required standard of each article is met.
Concurrent Construction has been requested by the applicant to allow simultaneous construction of the
proposed building and required supporting infrastructure. The required infrastructure improvements
include adjacent improvements that are subject to BMC 38.270.030.D. The requirements of this section
including City and DEQ infrastructure review, approval from the City Fire Marshall, execution of an
Irrevocable Offer of Dedication, and an acceptable concurrent construction plan, must be met prior to a
building permit being issued for the development.
Conformance with Article 3 – Zoning Provisions (38.300)
The subject property is zoned B-3, Downtown District. “The intent of the downtown B-3 business district
is to provide a central area for the community's business, government service and cultural activities with
urban residential development as an essential supporting use. The downtown B-3 district should be the
area of greatest density of development, intensity of use, and appropriate infill. Design standards
reinforcing the area's historical pedestrian-oriented context are very important.
This district encourages high volume, pedestrian-oriented uses in ground floor space in the "core area" of
the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half
block north and south from Main Street. Lower volume pedestrian uses such as professional offices may
locate on ground floor space in the downtown B-3 area outside the above-defined core.”
Currently the parcel is vacant and is used as a parking lot. A hotel is a permitted use in the B-3 zone
district. The proposed building meets form and intensity standards as follows:
Per BMC 38.350.050, elevator and stair penthouses are exempt from height limitations provided that no
linear dimension exceed 50 percent of the corresponding street frontage line. These penthouses exceed 4-
feet above the allowable height. Mechanical facilities are exempt from height.
Conformance with Article 4 – Community Design Provisions (38.400)
The applicant provided a Traffic Impact Study conducted by 406 Traffic & Transportation Consulting,
which was thoroughly evaluated by the Engineering Division and found to satisfy standards for trip
generation and level of service evaluations. The development proposes valet service which will eliminate
some on-street parking along East Mendenhall Street. Any substantial encroachment involving the
elimination of any on-street parking within that area of the B-3 zoning district requires approval from the
Parking Commission. Compensation must be provided for each on-street parking space eliminated from
Setbacks Proposed Allowed
Front 3’Storefront block frontage - See
Article 5 analysis below
Rear 13’0’
Side 1’0’
Alley 13’5’
Lot Area Proposed Allowed
Max lot coverage 49%100%
Building Height Proposed Allowed
70’70’
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the downtown business district parking inventory in accordance City code outlined in BMC 34.05.060-
070. This process is completed during the City’s infrastructure review process which is a separate process
from site plan review and is managed by the City’s Engineering Division and requires the Parking
Commission’s approval as outlined in code provision number 11.
While there is an alley to the south of the building, there is no vehicular access to the building. Parking is
proposed to be located off-site. Pedestrian improvements include updating the sidewalk along Mendenhall
to be 13 feet wide.
This is an infill project on existing lots on an existing block. A subdivision exemption is required to
aggregate the underlying lots the lots prior to final site plan approval.
The subject property is an infill site with existing infrastructure services the site. The existing 6-inch
sewer main along East Mendenhall Street will be upgraded to 8-inch to accommodate the new use. At the
City’s current CILWR fee rate, the fee for the project is $52,801. Payment must be made prior to final site
plan approval.
An on-site storm water maintenance plan and design report was prepared by TD&H. Site improvements
include area inlets, roof drain piping, trench drains, subsurface infiltration chambers, and permeable
pavers.
Bozeman Creek runs through the subject property along the eastern boundary line which requires the
development to adhere to watercourse setback provisions outlined in BMC 38.410.100. The setback along
Bozeman Creek is 35-feet on both sides.Along the stream bank is a 5-foot non-disturbance zone which
will remain in a natural state and be seeded with native seed if necessary. Between the stream bank and
open space plaza, the landscaping will be improved which includes preserving existing trees and adding
additional landscaping to meet watercourse setback planting requirements.
The open space plaza between the landscaped area and building includes hardscaping which encroaches
roughly 24-feet into the watercourse setback. Supporting utility infrastructure is located on the southern
portion of the property and encroaches roughly 30-feet into the watercourse setback. While the building
itself is out of the watercourse setback, the building awning on the east side encroaches 4-feet into the
watercourse setback. The Bozeman Municipal Code defines setback as “the space on the same lot with a
principal building, which is open and unoccupied from the ground upward or from the ground
downward.” So even though the awning is not on the ground, it still encroaches into the setback.
A deviation is requested to allow for the encroachment of all these structures into the watercourse setback.
See the analysis below on how the criteria is met to satisfy the deviation request.
Since this project is a commercial development on less than one acre, no parkland requirements are
warranted.
Conformance with Article 5 – Project Design
The building fronts onto East Mendenhall Street which is designated storefront block frontage meaning
that the building and site must be designed in a vibrant and active manner. The building is setback 3-feet
from the front property line to accommodate a wider sidewalk. There is a building entrance that faces the
street and includes an awning that wraps around the entire perimeter of the building.
The applicant requests a departure to allow façade transparency to be 55% where 60% is required. This
reduction is based on the façade articulation along the ground floor rather than a flat façade. The intent is
still met through the 5% reduction of transparency that still promotes visual interest for pedestrians. This
departure meets the criteria and is sufficient for approval.
The proposed sidewalk along East Mendenhall Street is widened to 13 feet. Landscaping, street trees, and
bike racks are incorporated into the wider sidewalk to enhance the pedestrian experience. The open space
plaza to the east of the building incorporates seating and robust landscaping that promotes circulation and
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amenities for pedestrians. While open space is not required for the project since the parcel is less than one
acre, roughly thirty percent of the property incorporates open space area to minimize the impact on the
watercourse setback and floodplain while providing a pedestrian amenity. To ensure that the plaza can be
enjoyed by all and to support access to Bozeman Creek, condition of approval number 3 requires that the
property owner ensure that the east side patio of the building be a public use area as defined in the
International Building Code 2021. That code states that a public use area is a term utilized to describe all
interior and exterior spaces or rooms that may be occupied by the general public for any amount of time.
Spaces that are utilized by the general public may be located in facilities that are publicly or privately
owned. Examples include the lobby in an office building, a high-school gymnasium with assembly
seating, an open-air stadium, a multipurpose room, an exposition hall, a restaurant dining room, a health
club, etc.
Trash services are located at the rear of the building along the alley. No screening measures are required
for services on the alley. Utility meters are located on the east façade and screened by landscaping.
The building meets building design standards. It utilizes durable high-quality materials through limestone
veneer, cast stone, and metal cladding. The ground level creates a human-scaled façade pattern through
façade articulation features such as windows, entries, weather protection features, and a change in
materials. Furthermore, since the building is in the B-3 zone district, it adheres to the NCOD Design
Guidelines chapter 4-B which is analyzed above.
Parking for the building will be provided off-site through an off-site parking agreement. The development
proposes to use the parking lot directly east to accommodate the 46 spaces required for the use. The
development takes advantage of the allowable reductions outlined in BMC 38.540.050.C. Prior to final
site plan approval, the applicant must provide an executed off-site parking agreement. The required
bicycle parking is 10 spaces. The development proposes 5 bike racks along the sidewalk on East
Mendenhall Street and 12 covered spaces in a bike room in the basement.
The project provides the appropriate landscaping required as outlined in BMC 38.550 including adding
grated street trees along East Mendenhall Street, drought tolerant plants, and the use of permanent
irrigation. The applicant proposes to do some restoration work along the creek bed which includes the
protection of existing trees, the removal of a few, and adding a native seed mixture if necessary. Code
provision number 8 requires the applicant communicate with the City if any additional trees will be
removed and any additional restoration work needs to be done.
All site lighting meets full cutoff standards as required by code.
Conformance with Article 6 – Floodplain Regulations (38.600)
The Site lies within a FEMA-regulated special flood hazard area for Bozeman Creek, which includes the
100-year floodway and floodplain fringe. The building is located within the floodplain fringe but outside
the floodway. Buildingdesign features are intended to mitigate the flood potential to both the building and
abutting pedestrian passageways.
The floodplain regulations in BMC 38.600 allow this particular use but require floodproofing or elevating
the building to the base flood elevation (BFE) plus 2 feet. The building’s main elevation is proposed at the
BFE plus 2 feet along most of the flood reach. The openings/windows that reside on the north side of the
building are proposed to be floodproofed to the BFE plus 2 feet. Areas below the BFE, such as the
basement, are allowable as the building is elevated or floodproofed.
Code Provision 6 requires, per BMC 38.600.170.C.4, that prior to final site plan approval, the Applicant
must obtain a floodplain permit.
Code Provision 7 requires, per 38.600.220.D, that prior to receiving a Certificate of Occupancy, the
Applicant must submit a certification from the design engineer or architect that the completed project
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conforms with the approved floodplain permit, and a fully completed FEMA Floodproofing Certificate for
Non-Residential Structures acceptable to the Floodplain Administrator.
BMC 38.230.080 – Certificate of Appropriateness Criteria
Conformance with Overlay District Standards (38.340)
The proposed project is located within the Neighborhood Conservation Overlay District (NCOD) but is
not within a historic district. As there is no building on the site, no demolition review is required. It is
reviewed under the classification of new infill and construction that falls under the standards for
certificate of appropriateness outlined in BMC 38.340.050 and the NCOD Design Guidelines, specifically
chapter 4B which applies to properties zoned B-3 and outside of the Main Street Historic District. The
building and site design meets the standards conforms to this section.
The area around the Main Street Historic District should accommodate compatible contemporary
development of greater height and density. This project provides density that meets the goals and
objectives of the Downtown Bozeman Improvement Plan. The building design uses a combination of
materials such as limestone veneer and metal and is articulated through façade plane changes and the use
of awnings and windows along the street facing and open space facades. To further incorporate into the
downtown business district, the use of a flat roof line is used.
The site design creates a strong connection for pedestrians by incorporating a wide sidewalk along East
Mendenhall Street, a visible and publicly accessible open space along Bozeman Creek, and a variety of
different landscaping.
BMC 38.250.050 – Deviations
Conformance for Granting Deviations (38.340.070)
The subject property is located directly adjacent to Bozeman Creek which requires a 35-foot setback
along both sides of the creek per BMC 38.410.100. Section 38.410.100.A.1.a.(2) states that “no fence,
residential or commercial structure, fill material, parking or other similar improvements shall be located
within required watercourse setback.” Bozeman Creek runs along the east boundary of the property and
the watercourse setback encroaches 35-feet into the parcel. The development proposes open space
hardscaping, a 4-foot awning, and supporting utility infrastructure to be in the watercourse setback. The
open space plaza encroaches roughly 24-feet into the watercourse setback. Supporting utility
infrastructure is located on the southern portion of the property and encroaches roughly 30-feet into the
watercourse setback.
While the building does not encroach into the setback, the Bozeman Municipal Code defines setback, in
the relevant portion, as “the space on the same lot with a principal building, which is open and
unoccupied from the ground upward or from the ground downward.” Therefore, the proposed awning
encroaches 4-feet into the watercourse setback and is not allowed under BMC 38.410.100 absent an
approved deviation.
A deviation can be requested for properties within the NCOD due to most of historic Bozeman preceding
zoning regulations and to encourage activity that would contribute to the overall historic character of the
community. Pursuant to Section 38.340.070 BMC, there are three criteria for granting deviations from the
underlying zoning requirement.
1. Modification must be more historically appropriate for the building and site in question and
the adjacent properties, as determined by the standards in Section 38.340.050, than would
be achieved under a literal enforcement of this chapter.
Bozeman Creek was channelized through the center of town back in the early days of the area’s
settlement, as evidenced by Sanborn maps dating from 1891. It was narrowed, straightened, and banks
armored with rock, concrete, and other materials. Since the realignment, Bozeman Creek was diverted to
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be utilized for the built environment. Structures were built up to and over the creek. On this very parcel,
the pattern of development shows that structures were built over the creek and next to it as depicted in the
figures below.
Figure 1: Original City Plat with Bozeman Creek in natural flowing state. Figure 2: 1884 Sanborn Map depicting channelized Bozeman Creek
Project site in orange box. Figure 3: 1942 Aerial of Downtown Bozeman
Although the proposed open space and building awning do not replicate what was traditional to the
construction or style of the early settlement of Bozeman, the DRC finds that the traditional placement of
structures close to the creek is historically appropriate to the site. Bozeman Creek was forced to not
meander through downtown, but instead to be utilized for industry and more recently recreation. Portions
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of the retaining walls which form the embankments for segments of the creek are former rubble
foundations of structures no longer present.
Furthermore, along much of the historic development pattern along Bozeman Creek, there are structures
that abut up against it or are directly above Bozeman Creek. To the south of the subject property, 311 E.
Main (Bar IX) cantilevers over the creek and has an outdoor patio that is adjacent to Bozeman Creek. To
the north, 317 E. Mendenhall (Fresco restaurant) and 121 N. Rouse (City Hall) both have buildings that
front very closely to the creek within the Bozeman Creek watercourse setback.
Figure 4: Back of Bar IX building, date unknown Figure 5: Back of Bar IX building, present day
2. Modifications will have minimal adverse effects on abutting properties or the permitted
uses thereof.
The proposed deviations will have minimal adverse effects on neighboring properties and their permitted
uses. The planned open space presents an opportunity to enhance both the creek and adjacent properties,
offering guests and the public a park-like setting in Downtown Bozeman along Bozeman Creek. As noted,
many nearby properties are built up to or over the creek, and this development aligns with the established
pattern and character of the area while maintaining minimal adverse effects on neighboring properties.
3. Modifications must assure the protection of the public health, safety and general welfare.
Approvals may be conditioned to assure such protection, and such conditions may include a
time period within which alterations will be completed; landscaping and maintenance
thereof; architectural, site plan and landscape design modifications, or any other conditions
in conformity with the intent and purpose set forth in this part 1.
The DRC has identified no significant barriers to public health, safety and general welfare from the
proposed deviations. The restoration and rehabilitation activity along Bozeman Creek will affect how
people interact with the creek. Currently, Bozeman Creek is overgrown, walled and/or fenced throughout
Downtown. The requested deviation will improve the open space adjacent to the creek and revitalize the
waterway by making it visible to the public and highlighting it as a unique amenity to Bozeman.
The enhancement of the open space will allow the public to utilize the area adjacent to Bozeman Creek. A
proposed railing and retaining wall will alleviate public safety concerns regarding public access to the
creek. The permeable pavers will help reduce storm water runoff and restore a functioning creek to
enhance public health. The existing landscaping is overgrown and will be cleaned up to further promote
the health of the stream bank. The protruding awning does not have any sort of impact on the public
health, safety, and general welfare but rather provides sheltered relief within the open space.
Conformance with adopted City of Bozeman Plans
In addition to the deviation criteria above, the Uniform Development Code (chapter 38 BMC) requires
conformance with specific plans adopted by the City of Bozeman. The Downtown Bozeman
Improvement Plan and Downtown Creek Enhancement Plan are applicable to this project. Staff has made
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three conditions of approval that are supported by these plans to help achieve the goals of enhancing and
engaging Bozeman Creek.
In 2012, the City of Bozeman developed the Downtown Creek Enhancement Plan (DCEP), which created
goals, objectives, and strategies to assist in enhancing Bozeman Creek through downtown such as
creating ways to inform residents about the creek from its ecological services to the past and present
importance to the community. The DCEP also emphasizes on restoration of the creek to create a more
functioning stream ecosystem that can be enjoyed by all.
The Downtown Bozeman Improvement Plan (DBIP) was adopted in 2019 by the City Commission. One
of the themes of the DBIP is to connect to nature and culture by enhancing the natural systems and
increasing public spaces. Bozeman Creek flows right through downtown, but it is piped, hidden under
roads and parking lots. Much of the banks of the creek are largely overgrown or fenced. The goal of
enhancing Bozeman Creek is to reveal the creek, which would help create places to linger and points to
interact with the creek. Revealing the creek can also help produce strategies that help find healthier ways
for the natural waterways to filter storm water.
Based on the goals and objectives of these two plans, the DRC has proposed three conditions of approval
to help achieve the goals of enhancing and engaging Bozeman Creek. The requested deviation to allow
for encroachment into the watercourse setback will further assist in achieving these goals. The enhanced
open space creates points of access to Bozeman Creek’s edge and allows the public to experience the
waterways. To ensure that the public can experience the creek, condition of approval number three
requires a public access easement to be created for the open space area that fronts onto Bozeman Creek.
Both plans emphasize creating some sort of commemorative display along the creek to provide
educational opportunities on the history and ecological service the creek provides. Condition of approval
number two notes that the applicant must create a commemorative display that highlights a variety of
content for the public to view. These sorts of displays are already occurring along Bozeman Creek such as
the Revitalize Relatives art installation and demonstration garden outside of City Hall and the restoration
of the creek in Bogert Park that is highlighted through educational signage.
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Figure 6: Revitalize Relatives Art Installation outside of City Hall Figure 7: Demonstration Garden outside of City Hall
Figure 8: Restoration of Bozeman Creek in Bogert Park Figure 9: Restoration of Bozeman Creek in Bogert Park
Condition number one requires the applicant to conduct archeological monitoring or another similar
technique for the site before and during construction to ensure that if there are any artifacts that are found
that they be reported and cataloged, and to provide a report to the City of the process and findings
following initial construction. Prior to when white settlers came to this area, Native Americans relied on
the abundant resources of the valley, including this creek. When white settlers came to this area and
settled Bozeman, this area along East Mendenhall Street was considered Bozeman’s Red Light District.
An archeological dig or like process could discover artifacts that may bring forth relevant historical
information about this area.
Conclusion
The Development Review Committee finds that the application conforms with the site plan review
criteria, certificate of appropriateness criteria, and meets the criteria for granting the deviation for
encroachment into the watercourse setback and finds the application sufficient for approval. If the City
Commission denies the deviation request, the applicant will have to apply for a new site plan application
that does not have anything located in the watercourse setback per the pre-2002 watercourse setback
BMC standard.
APPENDIX A – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting
per BMC 38.220.420. The City scheduled public notice for this application on March 14, 2025. The
applicant posted public notice on the subject property on March 14, 2025. The applicant sent public notice
to physically adjacent landowners of record within 200-feet of the subject property via first class mail on
March 14, 2025. It was also posted in the Bozeman Daily Chronicle on March 29 and April 3, 2025. On
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April 15, 2025, the City Commission continued the review of this application to May 20, 2025. No
additional project notice was required at that time as the project was continued to a date certain for
review.
The City has received twenty nine public comments as of the writing of this staff report. Alink to the
public comment received can be found here:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=297513&dbid=0&repo=BOZEMAN
The public comments not in favor of the project commented on the following issues. The comments are
summarized by topic with staff response below:
Not in favor of a reduced water course setback.The code includes a deviation process to grant a
reduced setback for this property as this property is within the Neighborhood Conservation Overlay
District. The findings in the staff report conclude that the criteria have been met in order for the deviation
to be approved.
Not in favor of the use of the adjacent parking lot for off-site parking.The code allows the proposed
use of off-site parking for a project. The code includes criteria that must be met in order for the off-site
parking to be approved. The findings in the staff report conclude that the criteria can be met in order for
the off-site parking to be approved. A code provision from this code section is included in the approval
requirements for the project. It requires that an executed long term parking agreement for the proposed
offsite parking be provided to the Community Development Department prior to final site plan approval
for the Boutique Hotel. Final site plan approval is required prior to building permit issuance for the
construction of the hotel. There is an existing ten year long term lease on this parking area that expires in
2027 related to the Bozeman Hotel Conditional Use Permit for on premises consumption of alcohol. If
this project were to get an executed long term parking agreement for the current parking area leased by
the Bozeman Hotel, it would not place the Bozeman Hotel Conditional Use Permit out of compliance
with its approval as it satisfied the long term lease agreement accepted by the City Commission and the
Director of Community Development at the time the conditional use permit was granted. There is nothing
in the code that directs the property owner of the parking lot to lease to one individual/party or another.
Both the Bozeman Hotel and the Boutique Hotel can negotiate for the agreement to use the parking lot for
off-site parking as allowed by the code.
Loss of parking used by existing downtown business.The Bozeman growth policy, Downtown
Improvement Plan, and the development code support the infill and redevelopment of existing parking
areas within the City. The code does not require a district wide analysis of parking with an individual site
plan application. The code requires that an individual project must provide an analysis of the parking
demand for the proposed use of the property. The parking must be accounted for according to code
requirements that exist at the time that the application is deemed adequate. As long as the proposed
project meets the required parking by either providing it on site or offsite according to the requirements of
the code the project is sufficient for approval by the review authority.
The need for a parking analysis for the general area. The City has conducted a downtown parking
plan. There are strategies to manage parking downtown provided in that plan. The development code does
not require that an individual development application like the Boutique Hotel to implement the City’s
parking plan other than complying with the development standards within the development code. The
staff report finds that the application can meet the requirements of the code with the proposed conditions
and code provisions provided in the recommendation for approval.
That a 310 and 404 permit is required for the construction.The applicant states that these permits are
not required. The City has requested that the applicant confirm this prior to construction. A code provision
has been included in the recommended code provision that requires that these permits be provided to the
City if they are required. The code does not require that these permits be provided prior to preliminary
approval.
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Reduced access to Bozeman Creek. This project will enhance access to Bozeman Creek. There is not
current legal access to Bozeman Creek on this property. A condition of approval is proposed that will
require the property owner to ensure access to the patio area of the east side of the project as a public-use
area (as defined by the International Building Code 2021) that makes exterior spaces available to the
general public.
Encroachment will impede flood waters.A separate flood plain permit related to the encroachment is
required by the code to be granted that analyzes the impact of the proposed encroachment against the
City’s floodplain regulations. That permit has been applied for and is under processing by the City’s
floodplain manager. A code provision is provided in the staff report related to this issue.
The project is not the best ecological outcome for Bozeman Creek.This is not required by the code.
There are competing interests provided in the Bozeman growth policy and development code. A property
owner may propose development on property that only complies with development standards. The
development standards do not require a best ecological outcome for a property nor is that defined in either
Bozeman’s policy documents or development code.
The public comments in favor of the project commented on the following issues:
The project will improve access to Bozeman Creek.
The quality of the project will improve Downtown Bozeman.
The project will add value to Downtown Bozeman.
Support for archaeological monitoring conditions and requirements.
APPENDIX B – RELEVANT MUNICIPAL STATUTES
Bozeman Municipal Code Section 348.340.070 – Deviations from underlying zoning requirements
Because the development of much of historic Bozeman preceded zoning, subdivision and construction
regulations, some buildings within the conservation district do not conform to contemporary zoning
standards. In order to encourage restoration, rehabilitation and appropriate new construction activity that
would contribute to the overall historic character of the community, deviations from underlying zoning
requirements may be granted as described in division 38.250 of this chapter. The criteria for granting
deviations from the underlying zoning requirements are:
1. Modifications must be more historically appropriate for the building and site in question and the
adjacent properties, as determined by the standards in section 38.340.050, than would be achieved
under a literal enforcement of this chapter;
2. Modifications will have minimal adverse effects on abutting properties or the permitted uses
thereof; and
3. Modifications must assure the protection of the public health, safety and general welfare.
Approvals may be conditioned to assure such protection, and such conditions may include a time
period within which alterations will be completed; landscaping and maintenance thereof;
architectural, site plan and landscape design modifications, or any other conditions in conformity
with the intent and purpose set forth in this part 1.
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF
Owner: Paine Group, INC, 402 East Main Street, Suite 3, Bozeman, MT 59715
Applicant/Representative:Intrinsik Architecture, 106 E. Babcock, Suite 1A, Bozeman, MT 59715
Report by:Sarah Rosenberg, AICP, Associate Planner;Simon Lindley, Engineer.
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Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Director of Community Development
SUBJECT:Unified Development Code (UDC) Update Supplemental Engagement Phase
2 Report and Next Steps (Work Session)
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Consider comment and data supporting possible modifications to the draft
Unified Development Code.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Unified Development Code (UDC) update has reached another milestone
by completing Phase I and II of the Supplemental Engagement Plan [External
PDF Link]. Final reports and summaries of the public engagement are linked
in the attached memo to the Commission. The purpose of the supplemental
engagement was to reach new members of the public who have had not
previously participated in this planning effort, and to identify areas of
concern in the draft UDC for further discussion.
The presentation and discussion will review activities and findings from
Phase I and Phase 2 of the supplemental engagement, provide an overview
of what we heard during these events, and discuss how this input is being
used to inform the ongoing project.
Secondly, staff will provide an introduction of topics identified through the
supplemental engagement to be discussed at the City Commission work
session scheduled for June 24, 2025.
UNRESOLVED ISSUES:As determined by the Commission.
ALTERNATIVES:None.
FISCAL EFFECTS:The scope of work for the UDC update was established in 2022 and
additional funds may be required if the scope or additional engagement
beyond the current plan is employed.
213
Attachments:
UDC Supplemental Engagement CC Memo 5-20-20251.pdf
Report compiled on: May 9, 2025
214
Report To: Mayor and City Commission
From: Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Community Development Director
Subject: Unified Development Code (UDC) Update Supplemental Engagement Phase 2
Report and Next Steps (Work Session)
Meeting Date: May 20, 2025
General Background
The Unified Development Code (UDC) sets regulations around what kinds of development can
occur in which areas. In the 2022-2023 Commission 2-year priority cycle, Bozeman City
Commission named the UDC update as a key priority of the city. Thus began the UDC Update
process, a project that kicked off in summer 2022 with the goals of:
o Implementing the vision and goals of other guiding City documents, such as the 2020
Community Plan, Climate Action Plan, and the Community Housing Action Plan
o Organization and choice - Making the Code more user-friendly
o Housing Access and Choice
o Improve the built environment
o Subsequently, updating the Code pursuant to 2023 changes in state law
Phase I – Creation of Original UDC Draft
A variety of in-person and virtual engagement opportunities were held throughout 2022 and 2023,
and in the summer of 2023, following feedback from the public and Commission, a draft code was
released. Many residents expressed concerns about the draft, with some wanting more time to
review and give feedback. In October 2023, the Commission paused the process with the desire to
pick back up in 2024. In September 2024, Commission began the restart of the project with a work
session on how the project was to resume, including what additional engagement could look like.
On October 1, Commission approved the Supplemental Engagement Plan.
Supplementary Engagement Phase I
Staff executed the Supplementary Engagement Plan through the following methods:
o Launched an online survey that ran from Nov. 22 through Jan. 8 and garnered 229
responses.
o Hosted an online webinar on 12/9 that had 76 attendees.
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o Hosted five in-person open houses, one in each quadrant (NW, SW, SE, NE) of the City and
one at MSU, which had at least 238 attendees total across all events (some attendees were
not captured at sign-in).
o Hosted eight (8) meetings with groups including Local Food Systems partners, Better
Bozeman Coalition, University Neighborhood Association, Jandt Neighborhood Association,
Midtown Neighborhood Association, Cooper Park Neighborhood Association, Northeast
Neighborhood Association, and Forward Montana.
o Used a variety of methods to communicate engagement opportunities including a paid
mailer to all who reside in the city; emails to key partners; Engage Bozeman newsletters and
web updates; Bozeman.net banner, e-notifications and calendar updates; a message in the
utility bill; a press release to media outlets; a paid Facebook/Instagram social media ad;
social media posts on Facebook, Instagram, Twitter, Nextdoor; and a paid ad in the
Bozeman Daily Chronicle.
Results of Phase 1 of the Supplementary Engagement Plan (Nov-Jan) are summarized in the
following two reports, and staff also presented a summary to City Commission on February 4:
UDC Update Phase I Open House Summary Report [External PDF Link]
Online Survey Result Report [External PDF Link]
February 4 City Commission presentation [External Video Link]
Supplementary Engagement Phase II
The purpose of the engagement process was to dive deeper into the key topics of greatest
community interest that were identified during phase 1 of engagement and to expand the breadth of
awareness and participation in the community while gathering further input. Engagement
continued with four in-person workshops held in various parts of the city, two online workshops, a
toolkit for residents to host their own chat about the UDC, and an online survey. The dates, times,
and topics of each workshop were:
1. Transportation & Environment: Feb. 24: 12 to 2 p.m. online.
2. Transportation & Environment: Feb. 26: 6 to 8 p.m. at Gallatin County Fairgrounds.
3. Growth, Housing, & Neighborhoods: March 3: 12 to 2 p.m. Online.
4. Housing & Neighborhoods: March 5: 6 to 8 p.m. at Chief Joseph Middle School.
5. Growth & Neighborhoods: March 10: 6 to 8 p.m. at Sacajawea Middle School.
6. All topics (Transportation, Environment, Growth, Housing, Neighborhoods): March 12: 6 to 8
p.m. at Willson School.
In addition, staff presented to each of the City’s Advisory Boards, providing a summary of Phase I
engagement and gathering general input on the UDC. As each of these boards provided specific
input on the project in 2023, their past input was referenced and built upon in the latest
discussions. Dates and times included:
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1. Historic Preservation Advisory Board: March 19 at 6:00 p.m. [External Video Link]
2. Transportation Board: March 26 at 6:00 p.m. [External Video Link]
3. Urban Parks and Forestry Board: March 27 at 6:00 p.m. [External Video Link]
4. Economic Vitality Board: April 2 at 6:00 p.m. [External Video Link]
5. Sustainability Board: April 9 at 6:00 p.m. [External Video Link]
Community Chat Toolkits
In conjunction with the formal events the city created a series of five “Toolkits” based on topic areas
gleaned from Phase I of the Supplementary Engagement. This toolkit guided groups through a
discussion on this large code document by focusing your conversation on popular topic areas and
providing key questions to discuss and provide input on. Topic areas included:
1. Growth
2. Environment
3. Neighborhoods
4. Housing
5. Transportation
Seven responses were provided on 20 topics and are linked below in the UDC Documentation and
Support section. Responses are also available on the project web site.
Deep Dive Online Survey
Augmenting the information and nuance from the Supplementary Engagement, a deep dive online
survey was created. Drawing from the previous input, the survey asked for more detailed feedback
on topics identified as important by the community during earlier input. All previous input is still
part of the project. Results are linked below and the on the project web site.
Phase II engagement materials:
a. Phase 2 workshop notes – 6 workshops, 2 online and 4 in person held
b. Phase 2 board summary – 6 advisory boards, continuation of process
c. Phase 2 presentation survey report and individual responses – Concluded May 8th,
addressed more specific questions related to earlier comments and consider tradeoffs
in priorities
d. Phase 2 chat toolkit report – 7 persons submitted chat reports on 20 topic responses.
This project is the first time the City has tried using this engagement tool. One response
also includes a survey that is different from the questions the City asked with the Phase
2 survey.
The Supplementary Engagement effort attracted approximately 491 unique individuals in the
workshops, online events, and deep dive efforts. The number of participants above excluded those
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who joined a Community Toolkit chat and the Phase II online survey, those numbers are included in
the survey results. The Phase I open houses attracted 312 people and an additional 126 people
through meetings with neighborhood groups.
Nearly 400 people attended the Phase II workshops (399 signed in). The city continues to accept
and track written comments on the UDC update with a total of 677 written comments from 358
different people as of May 12, 2025.
With the conclusion of these events, Supplementary Engagement as identified in the
Supplementary Engagement Plan approved by City Commission in October 2024 is complete.
Attached below is a list of resources and documents detailing the project.
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Page 5
UDC Support Documentation and Resources
May 20 and June 24, 2025, Commission Work Sessions
The UDC Update is long process involving many stages of development and engagement. To
consolidate and provide ease of access the following quick links are provided.
1. Background data
a. Initial project scope, June 28, 2022
b. Link to Engage Bozeman Unified Development Code Update project
c. Link to the edition of the draft text released on Oct 29, 2024
d. Link to draft zoning district map. This map is being updated to reflect new
annexations and zone map amendments during the UDC update process
e. Link to top edits document – summary of key edits
f. Links to Commission work sessions through entire project
i. Sept 13, 2022 – Formatting. Slides, Video
ii. Oct 18, 2022 – Residential Zoning Districts. Slides, Video
iii. Nov 15, 2022 – Sustainability. Slides, Video
iv. Feb 14, 2023 – Commercial Districts and Zone Edge Transitions. Slides,
Video
v. Feb 28, 2023 – Parking and Transportation. Slides, Video
vi. Sep 17, 2024 – Project Restart and Supplemental Engagement Video
vii. Feb 4, 2025 – Presentation of Phase 1 Supplemental Engagement Video
g. Links to Code Connect presentations
i. Oct 27, 2022 – Formatting and Residential Zoning Districts. Slides, Video
ii. Dec 1, 2022 – Sustainability. Slides, Video
iii. Mar 8, 2023 – Commercial Districts and Zone Edge Transitions. Slides, Video
iv. Apr 20, 2023 – Parking and Transportation. Slides, Video
v. Aug 28, 2023 – Virtual Open House. Slides, Video
h. Link to final initial engagement report, July 2023
i. Links to Laserfiche folders for public comments (538 entries)
i. 2022
ii. 2023
iii. 2024
iv. 2025
j. Link to Supplemental Engagement approved plan, Oct 1, 2024
k. Link to priorities for housing support, Dec 2024
l. Link to Supplemental Engagement Phase 1, Dec 2024, engagement and
demographics survey summary report
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m. Link to Supplemental Engagement Phase 1, Dec 2024, survey summary topic areas
report
i. A community group sponsored a survey on priorities to supplement the
response obtained by the City which was targeted to younger respondents
which was submitted as public comment.
n. Link to Supplemental Engagement Phase 1 presentation to City Commission, video
o. Link to Montana Land Use Planning Act, 76-25 Montana Code Annotated.
2. 2025 Legislation that affects code. Final action by the Governor has not been taken on all
identified bills as of the preparation of these materials.
a. Parking max – HB 492, SB 243
b. Building height min in certain districts – SB 243
c. Review authority for individual developments – SB 121
d. Public notice and comment – SB 121, HB 394
e. Factory built homes – SB 252
3. The UDC update has received many comments on issues that are also related to other
ongoing projects. Coordination between the UDC update project and other ongoing
projects will continue to occur as Community Development collaborates with other
departments. Below are status and schedules of the other projects.
a. Water Adequacy via the Integrated Water Resource Plan – Lead city agency: Utilities
Dept, formal public engagement begins in summer 2025 with an intent to complete
the project in Fall/Winter 2026.
b. Sensitive lands via the Wetlands Code Update – Lead city agency: Transportation
and Engineering, project has been underway since last year with an intended
completion in Summer 2025. See also implementation of PRAT below.
c. Neighborhood Conversation Overlay District (NCOD) and Historic Preservation via
the Landmark Program – Lead city agency: Community Development, Phase 1 under
way since last year, Phase 2 starting June 2025 with intended conclusion in winter
2025
d. Implementation of the Parks, Recreation & Active Transportation Plan (PRAT) – Lead
city agency: Parks Department – Expecting public discussion beginning in spring
2025 and intent for adoption hearings in winter 2025.
e. Urban Forest via the Urban Forestry Master Plan update – Lead city agency: Forestry
division – Begin summer 2025 with intened completion in Spring 2026.
220
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Chuck Winn, City Manager
SUBJECT:Appointment to the Police Commission
MEETING DATE:May 20, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to appoint one member with a term expiring
April 30, 2026 to the Police Commission.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Police Commission currently has one position with an expired term as of
April 30, 2025. We have received three applications.
The Police Commission is created under Section 7-32-4151, Montana Code
Annotated. The three-member board is appointed by the City Manager, with
the concurrence of the City Commission, and is comprised of those who are
“residents of such city or town who shall have the qualifications required by
law to hold a municipal office therein."
Members are appointed to staggered three-year terms. Under Section 7-32-
4152, M.C.A., one member must be appointed annually at the first regular
meeting of the City Commission in May.
Section 7-32-4154, MCA describes the role of police commission in
examination of applicants for police force; and, Section 7-32-4155, MCA
describes the role of police commission in hearing and deciding appeals
brought by police officers.
The Police Commission conducts hearings and decides on appeals brought by
any member of the Police Department who has been disciplined, suspended,
removed, or discharged.
This board currently has one available position. The City Clerk’s Office has
received three qualifying application, with their relevant qualifications
indicated below.
221
1. One position with a term ending April 30, 2028 | Qualifies: R. Gale, R.
Blank, P. Thigpen
Applicant:
Richard Gale
Roger Blank
Paul Thigpen
There is no City Commission Liaison for this board.
Police Commission appointments are City Manager appointments with the
concurrence of the City Commission.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
05-03-25 - CAB Applications - Paul Thigpen.pdf
04-29-25 - CAB Applications - Roger Blank.pdf
04-14-25 - CAB Applications - Richard Gale.pdf
Report compiled on: May 9, 2025
222
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
* Full Name
Paul Thigpen
* Residential Address
807 Cobb Hill road
Bozeman MT 59718
* Primary Phone
(406) 839-0477
* Current Occupation
Airline Captain
* Employer
Hawaiian / Alaska Airlines
* Email
paul.thigpen@hawaiianair.com
Which position are you applying for?
Police Commission
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
No
How long have you lived in the Bozeman Area?
11 years or more
* Have you ever served on a City or County Board or Commission?
No
Where, how long, and what Board?
**SKIPPED**
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
Former Yellowstone County reserve Deputy, as well as a Bozeman PD police officer. Airline training pilot and Private Equity corporate Pilot. I understand the stress and
challenges of local law enforcement. I’m passionate about Bozeman and the community. I would love to serve Bozeman in this capacity as a Police Commissioner. The
community deserves the highest caliber officer possible!!!
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
As a growing community’, DEI addresses everyone’s right to equal opportunities. Diversity is what makes an organization thrive. Different perspectives and outlooks on
solutions to challenges are extremely valuable to decisions that make positive lasting change!
References
Page | 1 223
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Tom Henderson
* Phone
(808) 341-3250
* Email
thomas.henderson@hawaiianair.com
* Reference #2 Full Name
Jacob davis
* Phone
(702) 635-1266
* Email
jakedavis0921@gmail.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
Facebook
Is there any other information that you feel we need to know?
I look forward to meeting with you!!!
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 224
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
* Full Name
Roger Blank
* Residential Address
3745 Galloway Street Apt E309
Bozeman MT 59718
* Primary Phone
(406) 613-9225
* Current Occupation
Attorney
* Employer
Self-Employed
* Email
RogerBlankEsq@mac.com
Which position are you applying for?
Police Commission
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
1-5 years
* Have you ever served on a City or County Board or Commission?
No
Where, how long, and what Board?
N/A
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
Former Bronx County Assistant District Attorney, Investigations Unit. Wherein I prosecuted misdemeanors and felonies and directed investigations including the use of
confidential informants and undercover officers. Former Prosecutor with the NYPD, wherein I prosecuted uniformed member of the Police Department for corruption and
official misconduct. Spearheaded investigations including but not limited to the use of force, sexual assault, domestic violence and violations of civil rights.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
As an attorney and prosecutor, I hold that all citizens when brought before the law or subject to government action should be treated equally without preference or
prejudice. I am familiar with DEI, having to undergo regular DEI training to maintain my law license.
References
Page | 1 225
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Paul McCullagh
* Phone
(646) 265-9056
* Email
pgmccullagh@yahoo.com
* Reference #2 Full Name
Michael Dailey
* Phone
(914) 620-5621
* Email
mikedaileylaw@gmail.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
Via automated e-mail update from the City of Bozeman administration
Is there any other information that you feel we need to know?
Re: Professional Experience: Now in my private practice I represent police officials charged with corruption and/or official misconduct. Re: References: I noted two persons
who I have experience working with regarding police oversight; I can also provide local references unrelated to my policing experience. NYPD Lieutenant (Retired) Michael
Dailey, is friend, colleague and was my former supervisor at the NYPD. Paul McCullagh is the NYPD's Executive Director of Labor Relations.
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 226
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
* Full Name
Richard Gale
* Residential Address
247 Clifden Drive
Bozeman Montana 59718
* Primary Phone
(406) 600-0033
* Current Occupation
Guest Teacher
* Employer
Bozeman School District
* Email
pat.strauss@bsd7.org
Which position are you applying for?
Police Commission
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
11 years or more
* Have you ever served on a City or County Board or Commission?
Yes
Where, how long, and what Board?
City of Bozeman Police Commission -12 Years
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
Prior to moving to Bozeman Montana, I was a Seasonal Law Enforcement Park Ranger in Yellowstone National Park, a Social Science Teacher at Woodbridge High School for
the Irvine Unified School District and recognized as the Irvine Police Department Reserve Officer of the Year and by the California Assembly as the Orange County California
Reserve Officer of the Year.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
As a Seasonal Ranger in Yellowstone National Park, I became familiar with the concept of diversity. In my position as a shift supervisor and field training officer, I respected
and appreciated individual differences and ensured that all employees were included as full, contributing, and influential team members.
References
Page | 1 227
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Marilyn King
* Phone
(406) 522-6000
* Email
marilyn.king@bsd7.org
* Reference #2 Full Name
Bethany West
* Phone
(406) 750-7497
* Email
bethanykwest@gmail.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
BOZEMAN Website - Join a City Board!
Is there any other information that you feel we need to know?
During my tenure as a member of the Bozeman Police Commission, I have kept current on the city’s policies, training, and frameworks in the specific areas of treatment of
minority populations, de-escalation policies, use of force, and the citizen appeal process.
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 228
Page 1 of 8
GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT
GALLATIN COUNTY OPEN SPACE LEVY FUND
FOR “OTHER ELIGIBLE PROJECT” FUNDING
GRANT AWARD AGREEMENT
1. PARTIES AND CONTACT REPRESENTATIVES: This GALLATIN COUNTY OPEN
SPACE LEVY FUND FOR OTHER ELIGIBLE PROJECT FUNDING GRANT AWARD
AGREEMENT (this “GRANT AWARD AGREEMENT”), is made between GALLATIN
COUNTY, 311 West Main, Bozeman, MT 59715 (“COUNTY”) AND CITY OF
BOZEMAN, P.O. Box 1230, Bozeman, MT 59771 (“APPLICANT”) and (“PROPERTY
OWNER/(S)”) (together APPLICANT and PROPERTY OWNER/(S), are “GRANTEES”)
(collectively COUNTY and GRANTEES, are “PARTIES”).
COUNTY designates Sean O’Callaghan, Gallatin County Chief Planning Officer, 311 West
Main, Bozeman, MT 59715, (406) 582-3130, sean.ocallaghan@gallatin.mt.gov as its contact
representative.
GRANTEES designate Addi Jadin, Park Planning and Development Manager, P.O. Box
1230, Bozeman, MT 59771, (406) 582-2908, ajadin@bozeman.net as its contact
representative.
2. GRANT AWARD: The COUNTY awards to GRANTEES an award of grant funds from the
Open Space Levy Fund for an Other Eligible Project in the amount of $100,000 (the
“GRANT AWARD”).
3. STATEMENT OF WORK: GRANTEES shall complete the work and obligations as
described in this GRANT AWARD AGREEMENT and set forth in the GALLATIN
COUNTY OPEN SPACE LEVY FUNDING APPLICATION “OTHER ELIGIBLE
PROJECTS” CATEGORY (“GRANTEE APPLICATION”) describing the project as
approved, attached to this GRANT AWARD AGREEMENT as EXHIBIT A, and fully
incorporated herein by reference, before the expiration or termination of this GRANT
AWARD AGREEMENT. The COUNTY may compensate or reimburse GRANTEES for
project expenses incurred prior to the execution of the GRANT AWARD AGREEMENT if
included in the GRANTEE APPLICATION, but shall otherwise not be liable to compensate
GRANTEE for any work or expenses performed prior to the execution of this GRANT
AWARD AGREEMENT. The COUNTY shall have no liability to compensate or reimburse
GRANTEES for the delivery of any goods or performance of any services that are not
specifically set forth in this GRANT AWARD AGREEMENT.
If the project that is the subject of GRANTEE APPLICATION involves work that is not
located on public land or land dedicated to public use, GRANTEE acknowledges the
requirement that public access must be provided in the form of a long-term easement or land
use license granting public access. GRANTEE shall record proof of such public access with
the COUNTY Clerk and Recorder and furnish proof of such recordation to COUNTY.
Docusign Envelope ID: 2A001414-7387-4D02-A815-79EEA3302DB6
51229
Page 2 of 8
GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT
Payments to GRANTEES under the GRANT AWARD AGREEMENT may be withheld, in
the sole discretion of the COUNTY, until adequate record(s) evidencing public access have
been provided to COUNTY.
4. PAYMENTS TO GRANTEES:
a. Maximum Amount: the maximum amount payable under this GRANT AWARD
AGREEMENT is the GRANT AWARD amount, as determined by the COUNTY. If the
project cannot be completed for the GRANT AWARD amount, GRANTEE agrees to
provide any additional funds required for the successful completion of the project.
Payments to GRANTEES are limited to the unpaid, obligated balance of the GRANT
AWARD. The COUNTY shall not pay GRANTEES any amount that exceeds the
GRANT AWARD amount as provided above in Section 2 of this GRANT AWARD
AGREEMENT.
b. Payment: GRANTEES shall submit to COUNTY proof of expenditures and any other
requested documentation to support costs and expenditures, including detailed invoices.
GRANTEES acknowledge that payment of GRANT AWARD is contingent upon
COUNTY approval of GRANTEES’ submission.
The COUNTY shall only reimburse allowable costs of project that are: reasonable and
necessary to accomplish the project as set forth in the GRANTEE APPLICATION; and
equal to the actual net cost to GRANTEES (e.g. the price paid minus any items of value
received by GRANTEE that reduce the cost actually incurred).
5. TERM: The Parties’ respective performances under this GRANT AWARD AGREEMENT
shall be effective as the date of execution by the Parties. The GRANT AWARD
AGREEMENT shall terminate on April 29, 2028, unless sooner terminated or further
extended in accordance with the terms of this GRANT AWARD AGREEMENT.
Upon request of the APPLICANT, the Gallatin County Commission may, in its sole
discretion, extend the term of this GRANT AWARD AGREEMENT. A request to extend the
term of the GRANT AWARD AGREEMENT shall be provided in writing at least 30
calendar days prior to the termination date of the GRANT AWARD AGREEMENT and
provide an explanation and rationale for the request and explain any delays.
6. EARLY TERMINATION IN THE PUBLIC INTEREST: The COUNTY is entering into
this GRANT AWARD AGREEMENT to support the purpose of the Gallatin County Open
Space Levy and the public interest. If the GRANT AWARD ceases to further the purposes of
the Gallatin County Open Space Levy or public interest, as determined by the COUNTY, or
if funds used for this GRANT AWARD become unavailable, the COUNTY, in its sole
discretion, may terminate this GRANT AWARD AGREEMENT in whole or in part by
providing written notice to GRANTEES. If the COUNTY terminates this GRANT AWARD
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AGREEMENT, the COUNTY shall pay GRANTEE an amount equal to the percentage of
the total reimbursement payable under this GRANT AWARD AGREEMENT that
corresponds to the percentage of work satisfactorily completed, as determined by the
COUNTY, less payments previously made. Additionally, the COUNTY, in its sole
discretion, may reimburse GRANTEE for a portion of actual, out-of-pocket expenses not
otherwise reimbursed under this GRANT AWARD AGREEMENT that are incurred by
GRANTEES that are directly attributable to the uncompleted portion of GRANTEES’
obligations, provided that the sum of any and all reimbursements shall not exceed the
maximum amount designated as the GRANT AWARD.
7. REPRESENTATIONS AND WARRANTIES: GRANTEES make the following specific
representations and warranties, each of which was relied on by the COUNTY in entering into
this GRANT AWARD AGREEMENT:
a. Standard and Manner of Performance: GRANTEES shall perform all obligations under
this GRANT AWARD AGREEMENT in accordance with the highest standards of care,
skill, and diligence.
b. Legal Authority: GRANTEES warrant they possess the legal authority to enter into this
GRANT AWARD AGREEMENT and have taken all actions required by its procedures,
by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its
undersigned signatory to execute this GRANT AWARD AGREEMENT, or any part
thereof, and bind GRANTEES to its terms. If requested by the COUNTY, GRANTEES
shall provide the COUNTY with proof of GRANTEE’s authority to enter into this
GRANT AWARD AGREEMENT within 15 days of receiving such request.
c. Licenses, Permits, Etc.: GRANTEES represent and warrant that they have, and that at all
times during the duration of this GRANT AWARD AGREEMENT, that they shall have
and maintain, in GRANTEES’ sole expense, all licenses, certifications, approvals,
insurance, permits, or other authorizations required by law to perform the obligations
under this GRANT AWARD AGREEMENT. Additionally, all employees or agents of
GRANTEES performing any services under this GRANT AWARD AGREEMENT shall
hold all required licenses and certifications, if any, to perform their responsibilities.
8. BREACH OF AGREEMENT: In the event of a breach of the GRANT AWARD
AGREEMENT, the aggrieved party shall give written notice of Breach of the GRANT
AWARD AGREEMENT. If the notified party does not cure the breach, at its sole expense,
within 30 days after the delivery of written notice, the party may exercise the remedies set
forth in the GRANT AWARD AGREEMENT.
9. COUNTY REMEDIES: If GRANTEES are in breach under any provision of this GRANT
AWARD AGREEMENT and fails to cure such breach, the COUNTY, following the notice
and cure period shall have all of the remedies listed in this section, in addition to all other
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remedies set forth in this GRANT AWARD AGREEMENT or as otherwise provided by law.
The COUNTY may exercise any or all of the remedies available to it, in its discretion,
concurrently or consecutively.
a. Termination for Breach: In the event of GRANTEE’s uncured breach, the COUNTY
may terminate the entire GRANT AWARD AGREEMENT or any part of the
GRANT AWARD AGREEMENT. GRANTEE shall continue performance of this
GRANT AWARD AGREEMENT to the extent not terminated, if any.
To the extent specified in any termination notice, GRANTEE shall not incur further
obligations or render further performance past the effective date of such notice, and
shall terminate outstanding work with third parties.
COUNTY shall only pay GRANTEE for accepted work received as of the date of
termination. If, after termination by the COUNTY, the COUNTY agrees that
GRANTEE was not in breach or that GRANTEE’S action or inaction was excusable,
such termination shall be treated as a termination in the public interest, as set forth
above.
Notwithstanding any other remedial action by the COUNTY, GRANTEES shall
remain liable to the COUNTY for any damages sustained by the COUNTY in
connection with a breach by the GRANTEES, and the COUNTY may withhold
payment to GRANTEE for the purpose of mitigating GRANTEE’S damages until
such time as the exact amount of damages due to the COUNTY from GRANTEE is
determined. COUNTY may withhold any amount that may be due GRANTEES as
the COUNTY deems necessary to protect the COUNTY against loss including,
without limitation, loss of outstanding liens and excess costs incurred by the
COUNTY in procuring from third parties replacement work.
b. Remedies Not Involving Termination: The COUNTY, in its discretion, may exercise
one or more of the following additional remedies:
i. Suspend Performance: Suspend GRANTEES’ performance with respect to all or
any portion of the project pending corrective actions as specified by the
COUNTY and COUNTY shall not be liable for costs incurred by GRANTEE
after the suspension in performance.
j. Withhold Payment: Withhold payment to GRANTEES until GRANTEES correct
the work.
k. Deny Payment: Deny payment for work not performed, or that due to the
GRANTEES’ actions or inactions, cannot be performed or if they were performed
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are reasonably of no value to the COUNTY; provided, that any denial of payment
shall be equal to the value of the obligations or work not performed.
l. Removal: Demand immediate removal of any GRANTEES’ employees, agents,
or subcontractors from the work whom the COUNTY deems to be incompetent,
careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued
relation to this GRANT AWARD AGREEMENT is deemed by the COUNTY to
be contrary to the public interest.
10. INDEPENDENT CONTRACTOR: GRANTEES shall perform their duties hereunder as
independent contractors and not as an employee of COUNTY. Neither GRANTEES, nor any
agent or employee of GRANTEES, shall be deemed to be an agent or employee of the
COUNTY. GRANTEE shall not have authorization, express or implied, to bind the
COUNTY to any agreement, liability, or understanding.
11. COMPLIANCE WITH LAW: GRANTEES shall comply with all applicable federal and
State laws, rules, and regulations in effect or as hereafter established.
12. WAIVER AND INDEMNIFICATION: To the fullest extent permitted by law,
GRANTEES waive any and all claims and recourse against COUNTY or its officers, agents,
or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the performance or
any obligation under this GRANT AWARD AGREEMENT, except claims arising from the
intentional acts or negligence of the COUNTY or its officers, agents, or employees. To the
fullest extent permitted by law, GRANTEES will indemnify, hold harmless, and defend the
COUNTY and its officers, agents, and employees against any claim, damage, liability, loss,
expense, fee, action or charge (including liability where activity is inherently or intrinsically
dangerous), including attorney’s fees (including fees of the County Attorney) arising out of
GRANTEE’s acts, errors, omissions, or negligence or from GRANTEES failure to comply
with the requirements of this GRANT AWARD AGREEMENT or any applicable law. In the
event of an action filed against COUNTY resulting from GRANTEES’ performance under
this GRANT AWARD AGREEMENT, COUNTY may elect to represent itself and incur all
costs and expenses of suit. These obligations shall survive termination of this GRANT
AWARD AGREEMENT.
13. CHOICE OF LAW AND VENUE: The Parties agree that this GRANT AWARD
AGREEMENT shall be governed and interpreted according to the laws of the State of
Montana. In the event of a dispute arising from or related to this GRANT AWARD
AGREEMENT, venue shall be in the Eighteenth Judicial District of the State of Montana, in
and for the County of Gallatin.
14. INTERPRETATION: The Parties equally having been given an opportunity to review and
have reviewed this GRANT AWARD AGREEMENT, the rule of construction providing that
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GRANT AWARD AGREEMENT FOR OTHER ELIGIBLE PROJECT
an agreement should be construed against the drafter will not be used in the interpretation of
this GRANT AWARD AGREEMENT. Words shall be given plain meaning and effect.
15. GENERAL PROVISIONS:
a. Assignment: The Parties, respectively, bind themselves, their successors, assigns and
legal representatives to the other party with respect to all terms and conditions of this
GRANT AWARD AGREEMENT. GRANTEES’ rights and obligations under this
GRANT AWARD AGREEMENT are personal and may not be transferred or
assigned without the prior, written consent of the COUNTY. Any assignment or
transfer of GRANTEES’ rights and obligations approved by the COUNTY shall be
subject to the provisions of this GRANT AWARD AGREEMENT.
b. Captions: The captions and headings in this GRANT AWARD AGREEMENT are for
convenience of reference only and shall not be used to interpret, define, or limit its
provisions.
c. Entire Understanding: This GRANT AWARD AGREEMENT and incorporated
exhibits, represent the complete integration of all understandings between the Parties
related to this GRANT AWARD. This GRANT AWARD AGREEMENT supersedes
all prior negotiations, or representations, either written or oral.
d. Modification: The Parties may modify this GRANT AWARD AGREEMENT by a
properly executed formal amendment.
e. Notice: Any notices under this GRANT AWARD AGREEMENT must be in writing
and sent by personal delivery or certified mail to the Parties’ contact representatives.
f. Severability: The invalidity or unenforceability of any provision of this GRANT
AWARD AGREEMENT shall not affect the validity or enforceability of any other
provision of this GRANT AWARD AGREEMENT, which shall remain in full force
and effect, provided the Parties can continue to perform their obligations under the
GRANT AWARD AGREEMENT in accordance with the intent of the GRANT
AWARD.
g. Survival of Certain GRANT AWARD AGREEMENT Terms: Any provision of this
GRANT AWARD AGREEMENT that explicitly imposes an obligation on the Parties
after termination or expiration of the GRANT AWARD AGREEMENT shall survive
the termination
h. Non-Waiver: No waiver of any breach of this GRANT AWARD AGREEMENT will
be held as a waiver of any other subsequent breach thereof.
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i. Remedies Cumulative: Any remedy provided herein will be taken and construed as
cumulative, and the exercise of any one remedy by the Parties shall not be to the
exclusion of any other remedy.
j. Execution of GRANT AWARD AGREEMENT: The Gallatin County Clerk and
Recorder will keep the original GRANT AWARD AGREEMENT. An exact
unaltered copy of the original GRANT AWARD AGREEMENT has the same force
and effect as the original.
k. Attorney’s Fees: If it is necessary for Parties to bring an action to enforce the terms,
covenants, or conditions of the GRANT AWARD AGREEMENT, the prevailing
party shall be entitled to reasonable attorney fees to be set by the appropriate court,
including fees of the Gallatin County Attorney.
l. No Offer Express or Implied: Transmittal, delivery, or publication of this GRANT
AWARD AGREEMENT shall not be construed as an offer express or implied.
COUNTY shall not be bound to the GRANT AWARD AGREEMENT unless and
until this GRANT AWARD AGREEMENT has been fully executed by the Parties.
AGREED by:
COUNTY COMMISSION
________________________________
CHAIR Date
APPLICANT
________________________________
Date
PROPERTY OWNER
________________________________
Date
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EXHIBIT A
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