Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
07-22-25 City Commission Agenda and Packet Materials
A. 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. Approval of Minutes F.1 Approval of Regular and Special Meeting Minutes: 06-24-25 City Commission Meeting Minutes 07-08-25 City Commission Meeting Minutes 07-14-25 City Commission Special Meeting Minutes(Maas) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, July 22, 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 Consider the Motion: I move to approve the combined City Commission minutes as submitted. 1 G. Consent G.1 Accounts Payable Claims Review and Approval (Edwards) G.2 Authorize the City Manager to Sign an Audit Engagement Letter for Fiscal Year 2025(Hodnett) G.3 Authorize the City Manager to Sign a FEMA Fire Prevention and Safety Grant (Brandhorst) G.4 Authorize the City Manager to Sign a Memorandum of Understanding Between the City of Bozeman, Gallatin Valley Land Trust, and Southwest Montana Mountain Bike Association and a License Agreement for Use of City Property with Gallatin Valley Land Trust for the Bikefill Park Project(Jadin) G.5 Approve the Final Plat for the Northwest Crossing (NWX) Phase 2.2 Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman, the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 24386 (Quasi-Judicial)(Garber) G.6 Authorize the City Manager to Sign a Building Code Enforcement Program Agreed Upon Procedures Engagement Letter for Fiscal Year 2025(Hodnett) G.7 Authorize the City Manager to Sign a Professional Service Agreement with MSR Design for Bozeman Public Library Children's Room Renovation Design Services(Miller) G.8 Authorize the City Manager to a Professional Services Agreement with Morrison Maierle, Inc., for the Lyman Reservoir Predesign Phase Services Project(Heaston) G.9 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with HDR Engineering, Inc., for the WRF Phase 1 Base Hydraulic Capacity Upgrade Project(Heaston) G.10 Authorize the City Manager to Sign Task Order 3 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc., Providing for Final Design of a Non-Export Solar Power Installation at the Water Reclamation Facility(Heaston) G.11 A Resolution Approving Change Order One to the Smith River Construction Contract for Story Mill Splash Pad(Jadin) H. 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 to three minutes. Written comments can be located in the Public Comment Repository. 2 I. Action Items I.1 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of PLI on 1.048 Acres, the 2221 South 3rd Annexation, Application 24714(Rogers) J. Special Presentation J.1 Special Presentation Updating the City Commission on Ordinance 2172 Related to Camping on the Right-of-way(Winn/Saverud) K. FYI / Discussion L. Adjournment Recommended Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24714 and move to approve the 2221 South 3rd Avenue Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 24174 and move to approve the 2221 South 3rd Avenue Zone Map Amendment, with contingencies required to complete the application processing. City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232. Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Jon Henderson, Assistant City Manager SUBJECT:Approval of Regular and Special Meeting Minutes: 06-24-25 City Commission Meeting Minutes 07-08-25 City Commission Meeting Minutes 07-14-25 City Commission Special Meeting Minutes MEETING DATE:July 22, 2025 AGENDA ITEM TYPE:Minutes RECOMMENDATION: Consider the Motion: I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many City Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerks' Office at 406.582.2320 or email BozemanClerksDepartment@bozeman.net for assistance. UNRESOLVED ISSUES:None. 4 ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None. Attachments: 06-24-25 City Commission Meeting Minutes.pdf 07-08-25 Commission Meeting Minutes.pdf 07-14-25 City Commission Special Meeting Minutes.pdf Report compiled on: July 16, 2025 5 Bozeman City Commission Meeting Minutes, June 24, 2025 Page 1 of 5 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES June 24, 2025 Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode Absent: None Excused: None Staff Present at the Dais: City Manager (CM) Chuck Winn, Chief Civil Attorney (CCA) Anna Saverud, City Clerk (CC) Mike Maas, Community Development Director (CDD) Erin George, Community Development Manager (CDM) Chris Saunders A) 00:16:52 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:18:22 Pledge of Allegiance and a Moment of Silence or Mindfulness C) 00:19:05 Changes to the Agenda • Mayor Cunningham noted that Item F.2 will be moved from the Consent Agenda for additional discussion. D) 00:19:39 FYI • CM Winn noted the 4th of July fireworks show will be held at the Gallatin County Fairgrounds and highlighted street construction projects, specifically 19th Avenue, and other streets around town. • Cr. Bode noted Coffee with a Commissioner at Hope Lutheran Church on Friday from 9-11 a.m. E) 00:23:12 Commission Disclosures F) 00:23:26 Consent F.1 Accounts Payable Claims Review and Approval F.2 Reconsideration of the Boutique Hotel, Site Plan, Certificate of Appropriateness with Deviation Application Decision, Application 24147, (Quasi Judicial) Boutique Hotel (24-147) RJP 4 June 2025.pdf F.3 Authorize the City Manager to Sign a Notice of Award for the Gallatin High Mid-block Crossing Project, to Duneman Construction Inc, for the Schedules I, II, and II-FF in the Amount of $148.514.80, and Final Contract Documents Once Received Notice of AWARD - Gallain High Mid-Block Crossing.docx 6 Bozeman City Commission Meeting Minutes, June 24, 2025 Page 2 of 5 Gallatin_Crossing_Bid_Recommendation_061025.pdf F.4 Authorize the City Manager to Sign a Sub-recipient Agreement with Prospera Business Network for Management of the City of Bozeman's Community Development Block Grant Revolving Loan Fund for a Three Year Term Prospera Sub-Recipient Agreement 2025-2028 FINAL combined.pdf F.5 Authorize the City Manager to Sign a Final Addendum to the Professional Services Agreement with Clean Slate Group, LLC for Graffiti Removal Services Final Addendum for Clean Slate Group 2025 Exhibit A - Scope of Services and Prices COB F.6 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Community Planning Collaborative for Completion of the Historic Preservation Policy and Local Landmark Project Landmark Program_PSA_Amended2025_CPC_FinalForCC_6-4-25.pdf F.7 Authorize the City Manager to Sign a Task Order with Water and Environmental Technologies, LLC for Fiscal Year 2026 Characterization and Monitoring at the East Gallatin Landfill Task Order 002 - East Gallatin Landfill FY 2026 Characterization and Monitoring 00:23:37 City Manager Introduction CM Winn provided the highlights of the Consent Agenda. 00:24:18 Public Comment There were no public comments on items F.1, and F.3-F.7. 00:26:32 Motion to approve Consent Items 1, and 3-7 as submitted. Emma Bode: Motion Jennifer Madgic: 2nd 00:26:47 Vote on the Motion to approve Consent Items 1, and 3-7 as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None G) 00:27:02 Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission Mayor Cunningham opened general public comments. 00:27:55 Amy Hoitsma commented to request that reconsideration always be an Action Item. 00:30:43 Nathan Gracey commented on the WARD Initiative. 7 Bozeman City Commission Meeting Minutes, June 24, 2025 Page 3 of 5 00:33:15 Anja Lincke commented on the allocation for ballot initiative education. 00:34:18 Sarah Helfrich commented on the Bon Ton zoning request and Historic Preservation. 00:36:54 Discussion on Item F.2 CM Winn provided an overview of the rules of procedure for reconsideration, the limitation of whether to reconsider as the action before the Commission, and provided information about the re-noticing and future public hearing. 00:40:11 Questions of Staff 00:41:57 Public Comment Mayor Cunningham opened this item for public comments. 00:42:19 Alison Sweeney commented in support of the reconsideration. 00:43:29 John Amsden, Bozeman Hotel Owners' Association, commented in opposition of reconsideration. 00:45:11 Daniel Carty commented in opposition of reconsideration. 00:46:43 Matt Paine commented in support of reconsideration. 00:47:18 Bob Brachsma commented on a separate project by the same ownership group and in opposition to the reconsideration. 00:49:04 Sherri Simspeach commented in opposition to reconsideration. 00:49:49 Discussion 00:51:31 Motion to approve reconsider the Boutique Hotel, Site Plan, Certificate of Appropriateness with Deviation Application Decision and direct staff to notice a public meeting to the same. Jennifer Madgic: Motion Joey Morrison: 2nd 00:51:51 Discussion continued 01:04:30 Vote on the Motion to approve reconsider the Boutique Hotel, Site Plan, Certificate of Appropriateness with Deviation Application Decision and direct staff to notice a public meeting to the same. The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode 8 Bozeman City Commission Meeting Minutes, June 24, 2025 Page 4 of 5 Disapprove: Jennifer Madgic 01:04:49 Clarification of Staff H) 01:05:45 Work Session H.1 01:05:46 Discussion of Unified Development Code Update Focusing on Tools to Address Mass and Scale of Buildings and Direction to Staff CC June 24 2025 Mass and Scale Memo.pdf Zoning District Transition Guide 2-19-2025.pdf 01:07:03 Staff Presentation CDD George and CDM Saunders presented project resources, timeline, an outline of the work session, mass and scale conceptual approaches, mass and scale tools interactions example, presented the various tools and Community Development Board (CDB) recommendations. 02:04:37 Recess 02:11:16 Call to Order 02:11:23 Questions of Staff 03:22:45 Public Comment Mayor Cunningham opened this item for public comment. 03:24:05 Maya Goetche commented on vacancy rates and rental prices as they relate to building mass and scale. 03:26:51 Eva Killenberg commented on graduated square foot policy. 03:29:34 Alison Sweeney commented on the work session. 03:32:51 Natsuki Nakamura commented on the work session. 03:35:26 Christian Hoover commented housing diversity. 03:37:31 Katherine Urner commented on housing diversity. 03:40:41 Chastity Menard commented on organic housing density and flexibility. 03:43:22 Karen Filipovich commented on internal and external zone transitions. 03:46:39 Daniel Carty commented on zone edge transitions and support for a moratorium in the NCOD. 03:47:49 Jim Webster commented on naturally occurring affordable housing. 9 Bozeman City Commission Meeting Minutes, June 24, 2025 Page 5 of 5 03:51:59 Erik Bonnett commented on tools for RB to facilitate middle housing. 03:55:54 Discussion 04:15:13 Meeting Extended to 10:20 p.m. 04:15:17 Discussion continued 04:26:50 Meeting Extended to 10:30 p.m. 04:26:51 Discussion continued 04:45:15 Meeting Extended to 10:45 p.m. 04:45:16 Discussion continued 04:56:25 Meeting Extended to 10:50 p.m. 04:56:40 Summary of Direction I) 05:00:06 FYI / Discussion J) 05:02:44 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: July 22, 2025 10 Bozeman City Commission Meeting Minutes, July 8, 2025 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 8, 2025 Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode Absent: None Excused: None Staff Present at the Dais: City Manager (CM) Chuck Winn, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:08:07 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:09:23 Pledge of Allegiance and a Moment of Silence or Mindfulness C) 00:09:53 Changes to the Agenda E) 00:10:17 Commission Disclosures Mayor Cunningham disclosed the Commission's efforts to comply with HB819, and that will be on July 15 agenda. D) 00:11:46 FYI • Cr. Bode expressed disappointment at removing the flag item from tonight's agenda. • Cr. Fischer discussed the construction on S. 19th Ave. 00:16:49 Cr. Fischer disclosed conversation with neighbors to the Baxter Annexation. 00:17:21 CM Winn discussed construction on S. 19th Ave; he noted the Special Meeting on the UDC at 1 p.m. on Monday, July 14, to discuss zoning districts; he noted Deputy Chief Andy Knight's retirement and the promotion of Joseph Swanson from Captain to Deputy Chief; he noted Matt Workman's promotion to Streets Superintendent. 11 Bozeman City Commission Meeting Minutes, July 8, 2025 Page 2 of 10 F) 00:21:58 Approval of Minutes F.1 Approval of Regular Meeting Minutes: 02-04-25 City Commission Meeting Minutes 06-03-25 City Commission Meeting Minutes 06-17-25 City Commission Meeting Minutes 02-04-25 City Commission Meeting Minutes.pdf 06-03-25 City Commission Meeting Minutes.pdf 06-17-25 City Commission Meeting Minutes.pdf 00:22:04 Motion to approve the City Commission minutes as submitted. Jennifer Madgic: Motion Joey Morrison: 2nd 00:22:25 Vote on the Motion to approve the City Commission minutes as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None G) 00:22:40 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the City Manager to Sign a Fiscal Year 2026 Montana State University (MSU) Fire Service Agreement MSU - City of Bozeman Fire Dept Agreement FY 26.pdf G.3 Authorize the City Manager to sign Amendment 002 of a Professional Services Agreement with Steelcase for Bozeman City Hall Phase 2 Furniture and Moving Services PSA Amendment 002 City Hall Renovation (Steelcase aka KR Office Interiors - Phase II).pdf G.4 A Resolution for Creation of a Special Improvement Lighting District 792 Bozeman West Apartments Resolution Creation of SILD 792.doc G.5 A Resolution for Certification of Delinquent City Assessments to the County A Resolution for Certification of Delinquent 2nd half-FY 2025.docx 00:22:43 City Manager Introduction 12 Bozeman City Commission Meeting Minutes, July 8, 2025 Page 3 of 10 CM Winn provided the highlights of the Consent Agenda. 00:23:42 Public Comments There were no comments on the Consent Agenda. 00:24:22 Motion to approve Consent Items 1 through 5 as submitted. Joey Morrison: Motion Emma Bode: 2nd 00:24:29 Vote on the Motion to approve Consent Items 1 through 5 as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None H) 00:24:38 Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission Mayor Cunningham opened General Public 00:26:59 Zack Waterman commented in support of adoption of the Pride Flag as an official City flag. 00:28:45 Rio Roland commented in support of adoption of the Pride Flag as an official City flag. 00:32:00 Connor Culver commented in opposition of adoption of the Pride Flag as an official City flag. 00:34:09 Finley Warden commented in opposition of adoption of the Pride Flag as an official City flag. 00:36:00 Brad Collier commented in opposition of adoption of the Pride Flag as an official City flag. 13 Bozeman City Commission Meeting Minutes, July 8, 2025 Page 4 of 10 00:36:54 Abby Jones commented in opposition of adoption of the Pride Flag as an official City flag. 00:37:47 Maya Goetche commented in support of adoption of the Pride Flag as an official City flag. 00:39:07 Mike Whitaker commented in support of adoption of the Pride Flag as an official City flag. 00:41:50 Johanna Campbell commented in opposition of adoption of the Pride Flag as an official City flag. 00:42:56 Jasper Gattaker commented in support of adoption of the Pride Flag as an official City flag. 00:45:40 Brooklyn Wild commented in support of adoption of the Pride Flag as an official City flag. 00:48:45 Jane Boyem comment in opposition of adoption of the Pride Flag as an official City flag. 00:50:25 Darren Boyem commented in opposition to adoption of the Pride Flag as an official City flag. 00:52:03 Kira Lynn commented in support of adoption of the Pride Flag as an official City flag. 00:54:22 Susan Homec commented in opposition to the adoption of the Pride Flag as an official City flag. 00:57:29 Steve Homec commented in opposition to the adoption of the Pride Flag as an official City flag. 00:59:29 Sara Monteno commented in support of the adoption of the Pride Flag as an official City flag. 01:02:45 Karen Lindell commented in opposition to the adoption of the Pride Flag as an official City flag. 01:05:19 Stefan Aldava commented in support of the adoption of the Pride Flag as an official City flag. 01:07:13 Cammy Army-Hargrover commented in support of the adoption of the Pride Flag as an official City Flag. 14 Bozeman City Commission Meeting Minutes, July 8, 2025 Page 5 of 10 01:10:14 Pat Todd commented in support of the adoption of the Pride Flag as an official City flag. 01:11:54 Matt McGee commented in support of the adoption of the Pride Flag as an official City flag. 01:14:53 Emma Forster, Forward Montana, commented in support of the adoption of the Pride Flag as an official City flag. 01:16:17 Taryn VanStelind commented in support of the adoption of the Pride Flag as an official City flag. 01:19:43 Tonya Dais commented in opposition to adoption of the Pride Flag as an official City flag. 01:20:56 Emma Schaabe commented in support of the adoption of the Pride Flag as an official City flag. 01:21:57 Jeanne Montoya commented in opposition to adoption of the Pride Flag as an official City flag. 01:24:37 Carl Anderson commented in support of the adoption of the Pride Flag as an official City flag. 01:27:20 PJ Heebner commented in opposition to adoption of the Pride Flag as an official City flag. 01:30:03 Judah Seeger commented in support of the adoption of the Pride Flag as an official City flag. 01:31:12 Jason Beattie commented in support of the adoption of the Pride Flag as an official City flag. 01:33:46 Stephanie Fouts commented in support of the adoption of the Pride Flag as an official City flag. 01:36:16 Eileen Guthrie commented in opposition to adoption of the Pride Flag as an official City flag. 01:38:58 Hillary Ann Crosby commented in support of the adoption of the Pride Flag as an official City flag. 15 Bozeman City Commission Meeting Minutes, July 8, 2025 Page 6 of 10 01:39:49 Tanner Wiegen commented in support of the adoption of the Pride Flag as an official City flag. 01:40:52 Ron Uderion commented in opposition to adoption of the Pride Flag as an official City flag. 01:43:28 Luis Molina commented in opposition to the adoption of the Pride Flag as an official City flag. 01:46:04 Emily Lambert commented in commented in support of the adoption of the Pride Flag as an official City flag. 01:48:25 Josh McCaffrey commented in support of the adoption of the Pride Flag as an official City flag. 01:51:42 Rin Stearns commented in support of the adoption of the Pride Flag as an official City flag. 01:54:07 Suzanne McKay commented in opposition to the adoption of the Pride Flag as an official City flag. 01:55:18 Deanna Campbell commented in opposition to the adoption of the Pride Flag as an official City flag. 01:57:45 Alex Newby commented in support of the adoption of the Pride Flag as an official City flag. 02:00:43 Erika Berman commented in opposition to the adoption of the Pride Flag as an official City flag. 02:03:19 Gavin Gentry commented in support of the adoption of the Pride Flag as an official City flag. 02:04:46 CJ commented in opposition to the adoption of the Pride Flag as an official City flag. 02:08:03 Donald Stuker commented in support of the adoption of the Pride Flag as an official City flag. 02:10:50 Recess 02:19:27 Call to Order 16 Bozeman City Commission Meeting Minutes, July 8, 2025 Page 7 of 10 02:19:37 Mayor Cunningham noted the change of date for the Legislative Session Recap discussion I) 02:20:21 Action Items I.1 02:20:28 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-3 and R-5 on 163.98 Acres, the 5211 Baxter Lane Annexation, Application 24570 24570 5211 Baxter Annex_ZMA CC.pdf 02:21:24 Staff Presentation Senior Planner Tom Rogers presented. He entered the staff report, applicant submittal, and public comments into the record, presented the subject property and urban service boundary, a brief history of large annexations, the Future Land Use Map (FLUM), Commercially Planned Areas and Buffers, Commercially Zone Areas and Buffers, historical overview of the region, area zoning, annexation goals and policies, zoning criteria, and a summary of noticing, comment, and recommendations. 02:42:30 Questions of Staff 03:35:35 Meeting Extended to 10:30p.m. 03:35:47 Applicant Presentation Rob Pertzborn, Intrinsik Architecture, presented the general site vicinity, the existing and planned rights- of-way, the FLUM at the site and implementing zoning designations, commercial and schools planned or existing, recent annexation, requested zoning overlaid with transportation routes, water course, wetland, and open space, adjacent and potential housing developments in the project and adjacent properties, highlighted Community Plan Goals and Objectives, and project schedule. 03:47:40 Questions of Applicant 03:54:20 Public Comment Mayor Cunningham opened this item for public comments. 03:54:35 Liz Jones commented in opposition to the annexation and zoning. 03:57:53 Erin Arnold commented in opposition to the requested zoning. 04:01:17 Tyler Merica commented in opposition to the application. 04:04:40 Mike Cok commented in opposition to the application. 04:07:54 Kirk Kindred commented in opposition to the application. 17 Bozeman City Commission Meeting Minutes, July 8, 2025 Page 8 of 10 04:10:08 Alicia Buck commented in opposition to the application. 04:13:48 Rexford Clark commented in opposition to the application. 04:17:06 Joe Cleveland commented in opposition to the application. 04:19:41 Clarification of Staff 04:20:49 Additional Questions of Staff 04:21:40 Clarification of Staff 04:22:45 Additional Questions of Staff 04:23:53 Meeting Extended to 10:45 p.m. 04:24:02 Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24570 and move to approve the 5211 Baxter Lane Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Emma Bode: Motion Douglas Fischer: 2nd 04:24:27 Discussion 04:33:00 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24570 and move to approve the 5211 Baxter Lane Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: Jennifer Madgic 18 Bozeman City Commission Meeting Minutes, July 8, 2025 Page 9 of 10 04:33:15 Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 24570 and move to approve the 5211 Baxter Lane Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Emma Bode: Motion Douglas Fischer: 2nd 04:33:47 Discussion 04:48:25 Meeting Extended to 11 p.m. 04:48:34 Discussion continued 04:55:45 Meeting Extended to 11:15 p.m. 04:55:52 Discussion continued 05:09:26 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 24570 and move to approve the 5211 Baxter Lane Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: Jennifer Madgic J) Work Session J.1 69th Montana Legislative Session Recap Bozeman post-session report 5.16.2025 FINAL.pdf K) 05:09:46 FYI / Discussion L) 05:14:21 Adjournment 19 Bozeman City Commission Meeting Minutes, July 8, 2025 Page 10 of 10 ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas Deputy City Clerk Approved on: July 22, 2025 20 Bozeman City Commission Special Meeting Minutes, July 14, 2025 Page 1 of 6 THE CITY COMMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES July 14, 2025 Present: Terry Cunningham, Jennifer Madgic, Douglas Fischer, Emma Bode Absent: None Excused: Joey Morrison Staff Present at the Dais: City Manager (CM) Chuck Winn, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas, Community Development Manager (CDM) Chris Saunders, Community Development Director (CDD) Erin George A) 00:14:11 Call Special Meeting to Order - 1:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:15:28 Pledge of Allegiance and a Moment of Silence or Mindfulness C) 00:16:06 Changes to the Agenda 00:16:09 Excuse the Absence of Deputy Mayor Morrison 00:16:30 Motion to authorize the absence of Deputy Mayor Morrison. Jennifer Madgic: Motion Emma Bode: 2nd 00:16:36 Vote on the Motion to authorize the absence of Deputy Mayor Morrison. The Motion carried 4 - 0. Approve: Terry Cunningham 21 Bozeman City Commission Special Meeting Minutes, July 14, 2025 Page 2 of 6 Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None D) 00:16:45 FYI • Cr. Fischer noted his attendance at the INC and Study Commission joint meeting last Thursday; he noted the swearing in ceremony of 15 new firefighters last week. • Mayor Cunningham highlighted a flier that was distributed related to the UDC conversation and that no decisions have been made, yet. • CM Winn noted the response from Director of Transportation and Engineer, Nick Ross, related to the South 19th Ave construction project; he echoed the Mayor's statement and offered to have a conversation with the public about issues raised. E) 00:21:55 Commission Disclosures F) 00:22:08 Public Comment on Non-agenda Items Falling within the Purview and Jurisdiction of the Commission Mayor Cunningham opened General Public Comments. 00:22:56 Mary Bateson commented on the WARD Initiative and growth. 00:26:21 Marcia Kaveney commented on continuing the meeting and public participation. 00:28:58 John Meyer commented on emergency services, listening to neighborhood councils, and the WARD Initiative. 00:31:56 Alison Sweeney commented on the temporary moratorium in the NCOD and Legislative changes to parking requirements. 00:34:49 Linda Semones commented on reviewing the Growth Policy. 00:36:18 Angie Kociolek commented on the effort of public participation and what residents want. 00:39:33 Anja Lincke commented on behalf of Forward Montana, on the role of a paid organizer. 00:42:23 Logan Schneider commented stewardship of Bozeman 22 Bozeman City Commission Special Meeting Minutes, July 14, 2025 Page 3 of 6 00:44:56 Suzie Johnson commented on density. 00:46:05 Sam Mitchell commented on connection. 00:46:57 Staff Response G) 00:48:24 Work Session G.1 00:48:27 Discussion of Unified Development Code Update Focusing on Zoning Districts and Uses and Direction to Staff CC July 14 2025 Zoning Districts and Uses.pdf RMH Map (11x17).pdf UDC_ZMA_Request_Public_Comment_summary_7-2-2025.pdf 38.300.020 Allowed Uses Oct 24 UDC draft.pdf CommercialZonedBuffers__11x17_.pdf 00:49:12 Staff Presentation CDD George and CDM Saunders presented on Zoning Districts and Uses, presented the project resource page, the outline on issues, a background on the discussion and zoning history, district replacement, midblock boundaries, public requested zone map amendments, uses within districts, and questions for Commission Direction requested. 01:27:10 Questions of Staff 02:30:48 Recess 02:40:58 Call to Order 02:41:14 Public Comment Mayor Cunningham opened Public Comments on this item. 02:42:22 Carl Burkland commented on residential zoning density. 02:44:15 Steven Carlson commented in support of the Bon Ton Zoning Request. 02:46:10 Nathan Stein, Executive Director of Headwaters Community Housing Trust, commented on missing middle housing. 02:49:06 Courtney Johnson commented on residential using in industrial districts. 02:51:25 Christianna Stoddard commented in density in centrally located neighborhoods. 02:54:54 Christopher Spogis commented on resident zoning requests and lot aggregation. 23 Bozeman City Commission Special Meeting Minutes, July 14, 2025 Page 4 of 6 02:58:42 Bob Ekey commented on historic neighborhoods 03:02:20 Kristin Sherron commented on fraternities and sororities 03:04:09 Jane Jelinski commented on residential upzoning. 03:06:09 Linda Semones commented on B3 zoning adjacent to historic districts, historic zoning, residential zoning requests, and RA zoning. 03:09:55 Daniel Carty commented on neighborhood commercial in residential zoning, midblock split zoning 03:10:47 Alison Sweeney commented on residential zoning caps 03:14:09 David Losseff commented on NEHMU restaurant size limitation, restrictions on marijuana dispensaries, and historic neighborhoods 03:17:29 Sarah Helfrich commented on historic districts and the Bon Ton Zoning Request. 03:19:36 Don Cape commented on zoning for Wagon Wheel Mobile Home Park. 03:23:04 Jenny Lowe commented on character and history of community. 03:25:46 Suzanne Cowan commented on the Northeast Neighborhood and Centennial Park Neighborhood zoning request. 03:28:38 Jeff Kraus commented on the questions before the Commission. 03:32:12 Larry Johnson commented in support of the two neighborhood zoning change requests. 03:35:02 Anja Lincke, on behalf of Forward Montana, commented on housing affordability 03:38:40 Natsuki Nakamura commented on mid block zoning, upzoning, zoning for the City we want, transportation needs, and density incentives 03:40:55 Amy Moresetu commented on RA zoning designation allowances and fraternities and sororities. 03:46:23 Kathy Rich commented on fraternities and sororities and on the RA zoning designation allowances. 24 Bozeman City Commission Special Meeting Minutes, July 14, 2025 Page 5 of 6 03:48:59 Richard Sherron commented legislation and on fraternities and sororities 03:52:17 Eric Semmish commented on the mass and scale work session. 03:55:20 Clarification 03:55:44 Elizabeth Darrow commented on historic core neighborhood districts and overlay district. 04:00:11 Sam Mitchell commented on fraternities and sororities 04:03:55 Emily Talago commented on the process, lobbyist, and functional design. 04:07:20 Meeting Extended to 5:30 04:07:38 Response to Public Comment 04:12:03 Commission Discussion 04:17:48 District Replacement 04:32:51 Midblock Boundaries 04:39:53 Meeting Extended until 6 p.m. 04:39:58 Discussion continued 04:44:33 Public Requested Amendments to the Zoning Map 05:10:20 Meeting Extended until 6:30 05:10:26 Discussion continued 05:12:23 Uses within Districts 05:38:45 Meeting Extended until 7 p.m. 05:38:50 Discussion continued 06:02:53 Recess 06:06:45 Call to Order and Extended to 7:10 p.m. 25 Bozeman City Commission Special Meeting Minutes, July 14, 2025 Page 6 of 6 06:06:56 Discussion continued 06:17:49 Summary and Conclusions H) 06:23:29 FYI / Discussion I) 06:26:59 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: July 22, 2025 26 Memorandum REPORT TO:City Commission FROM:Nicole Armstrong, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:July 22, 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 July 23, 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 27 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign an Audit Engagement Letter for Fiscal Year 2025 MEETING DATE:July 22, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve the authorization of the City Manager to sign an audit engagement letter for fiscal year 2025. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:MCA Section 2-7-503 requires that a financial report be prepared every year. This statute also requires a biannual audit of the financial report - including the accounts, financial records, and transactions of all administrative departments of the City - by independent certified public accountants selected by the City Commission. The City Commission and City Administration have historically believed that an annual audit provides a higher level of financial assurance and fiscal integrity than a biannual audit, and this intension is expressed in Section 5.09 of the City Charter. The Association of International Certified Public Account (AICPA) through AU-C 210 requires the terms of an audit engagement to be documented in an audit engagement letter. The audit engagement letter for fiscal year 2025 is with the audit firm Eide Bailly, LLP. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None, this agreement is budgeted for each year. Attachments: City of Bozeman_2025_Engagement Letter_Audit and Single Audit.pdf 28 Report compiled on: June 26, 2025 29 What inspires you, inspires us. | eidebailly.com 7001 E. Belleview Ave., Ste. 700 | Denver, CO 80237-2733 | TF 866.740.4100 | T 303.770.5700 | F 303.770.7581 | EOE 1 June 26, 2025 Honorable Mayor and Members of City Commission City of Bozeman 121 N. Rouse Ave. City of Bozeman, MT 59715 You have requested that we audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of City of Bozeman, Montana (the City) as of June 30, 2025, and for the year then ended, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. In addition, we will audit the City’s compliance over major federal award programs for the period ended June 30, 2025. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audits will be conducted with the objectives of our expressing an opinion on each opinion unit and an opinion on compliance regarding the City’s major federal award programs. The objectives of our audit of the financial statements are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with auditing standards generally accepted in the United States of America (GAAS) and in accordance with Government Auditing Standards, will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. The objectives of our compliance audit are to obtain sufficient appropriate audit evidence to form an opinion and report at the level specified in the governmental audit requirement about whether the City’s complied in all material respects with the applicable compliance requirements and identify audit and reporting requirements specified in the governmental audit requirement that are supplementary to GAAS and Government Auditing Standards, if any, and perform procedures to address those requirements. 30 2 Accounting principles generally accepted in the United States of America (U.S. GAAP), as promulgated by the Governmental Accounting Standards Board (GASB), require management’s discussion and analysis and budgetary comparison information be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information (RSI) in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist primarily of inquiries of management regarding their methods of measurement and presentation and comparing the information for consistency with management’s responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by accounting principles generally accepted in the United States of America. This RSI will be subjected to certain limited procedures but will not be audited: • Management’s Discussion and Analysis • Schedule of Changes in Total OPEB Liability & Related Ratios • Schedule of Proportionate Share of Net Pension Liability and Schedule of Contributions • Budgetary Comparison Schedules • Note to RSI Supplementary information other than RSI will accompany the City ’s basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on the following supplementary information in relation to the financial statements as a whole: • Combining and Individual Fund Financial Statements and Schedules - Government Funds • Combining Nonmajor Proprietary Fund Statements • Combining Internal Service Funds Statements • Combining Fiduciary Funds • Nonmajor Governmental Funds Budgetary Comparison Schedules Schedule of Expenditures of Federal Awards We will subject the schedule of expenditures of federal awards to the auditing procedures applied in our audit of the basic financial statements and certain additional procedures, including comparing and reconciling the schedule to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on whether the schedule of expenditures of federal awards is presented fairly in all material respects in relation to the financial statements as a whole. Also, the document we submit to you will include the following other additional information that will not be subjected to the auditing procedures applied in our audit of the financial statements: • Introductory Section • Statistical Section 31 3 Data Collection Form Prior to the completion of our engagement, we will complete the sections of the Data Collection Form that are our responsibility. The form will summarize our audit findings, amounts and conclusions. It is management’s responsibility to submit a reporting package including financial statements, schedule of expenditure of federal awards, summary schedule of prior audit findings and corrective action plan along with the Data Collection Form to the federal audit clearinghouse. The financial reporting package must be text searchable, unencrypted, and unlocked. Otherwise, the reporting package will not be accepted by the federal audit clearinghouse. We will assist you in the electronic submission and certification. You may request from us copies of our report for you to include with the reporting package submitted to pass-through entities. The Data Collection Form is required to be submitted within the earlier of 30 days after receipt of our auditors’ reports or nine months after the end of the audit period, unless specifically waived by a federal cognizant or oversight agency for audits. Data Collection Forms submitted untimely are one of the factors in assessing programs at a higher risk. Audit of the Financial Statements We will conduct our audits in accordance with GAAS, the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America, the audit requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) As part of an audit of financial statements in accordance with GAAS and in accordance with Government Auditing Standards, Uniform Guidance and/or any state or regulatory audit requirements we exercise professional judgment and maintain professional skepticism throughout the audit. We also: •Identify and assess the risks of material misstatement of the financial statements , whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of controls. •Obtain an understanding of the system of internal control in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. •Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. •Conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for a reasonable period of time. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or noncompliance may not be detected exists, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards of the Comptroller General of the United States of America. Please note that the determination of abuse is subjective and Government Auditing Standards does not require auditors to detect abuse. 32 4 Our responsibility as auditors is limited to the period covered by our audit and does not extend to any other periods. We will issue a written report upon completion of our audit of the City ’s basic financial statements. Our report will be addressed to the governing body of the City . Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add an emphasis-of-matter or other-matter paragraph(s) to our auditor’s report, or if necessary, withdraw from the engagement. If our opinions on the basic financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. In accordance with the requirements of Government Auditing Standards, we will also issue a written report describing the scope of our testing over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial reporting will not be an objective of the audit and, therefore, no such opinion will be expressed. Audit of Major Program Compliance Our audit of the City ’s major federal award program(s) compliance will be conducted in accordance with the requirements of the Single Audit Act, as amended; and the Uniform Guidance and will include tests of accounting records, a determination of major programs in accordance with the Uniform Guidance, and other procedures we consider necessary to enable us to express such an opinion on major federal award program compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement. The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the material noncompliance with applicable laws and regulations, the provisions of contracts and grant agreements applicable to major federal award programs, and the applicable compliance requirements occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on the audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of the federal programs as a whole. As part of a compliance audit in accordance with GAAS and in accordance with Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. 33 5 Our procedures will consist of determining major federal programs and performing the applicable procedures described in the U.S. Office of Management and Budget OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City’s major programs, and performing such other procedures as we considers necessary in the circumstances The purpose of those procedures will be to express an opinion on the City’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance. Also, as required by the Uniform Guidance, we will obtain an understanding of the entity’s internal control over compliance relevant to the audit in order to design and perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each of the City’s major federal award programs. Our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed in our report. However, we will communicate to you, regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we have identified during the audit. We will issue a report on compliance that will include an opinion or disclaimer of opinion regarding the City’s major federal award programs, and a report on internal controls over compliance that will report any significant deficiencies and material weaknesses identified; however, such report will not express an opinion on internal control. Management Responsibilities Our audit will be conducted on the basis that management and, when appropriate, those charged with governance, acknowledge and understand that they have responsibility: 1.For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; 2.For the design, implementation, and maintenance of the system of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; 3.For identifying, in its accounts, all federal awards received and expended during the period and the federal programs under which they were received; 4.For maintaining records that adequately identify the source and application of funds for federally funded activities; 5.For preparing the schedule of expenditures of federal awards (including notes and noncash assistance received) in accordance with the Uniform Guidance; 6.For designing, implementing, and maintaining effective internal control over federal awards that provides reasonable assurance that the City is managing federal awards in compliance with federal statutes, regulations, and the terms and conditions of the federal awards; 7.For identifying and ensuring that the City complies with federal laws, statutes, regulations, rules, provisions of contracts or grant agreements, and the terms and conditions of federal award programs and implementing systems designed to achieve compliance with applicable federal statutes, regulations, and the terms and conditions of federal award programs; 8.For disclosing accurately, currently, and completely, the financial results of each federal award in accordance with the requirements of the award; 9.For identifying and providing report copies of previous audits, attestation engagements, or other studies that directly relate to the objectives of the audit, including whether related recommendations have been implemented; 10.For taking prompt action when instances of noncompliance are identified; 34 6 11. For addressing the findings and recommendations of auditors, for establishing and maintaining a process to track the status of such findings and recommendations and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit findings; 12. For following up and taking corrective action on current year audit findings and preparing a corrective action plan for such findings; 13. For submitting the reporting package and data collection form to the appropriate parties; 14. For making the auditor aware of any significant contractor relationships where the contractor is responsible for program compliance; 15. To provide us with: a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements including disclosures, and relevant to federal award programs, such as records, documentation, and other matters; b. Additional information that we may request from management for the purpose of the audit; and c. Unrestricted access to persons within the City and others from whom we determine it necessary to obtain audit evidence. 16. For adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current year period(s) under audit are immaterial, both individually and in the aggregate, to the financial statements as a whole; 17. For acceptance of nonattest services, including identifying the proper party to oversee nonattest work; 18. For maintaining adequate records, selecting and applying accounting principles, and safeguarding assets; 19. For informing us of any known or suspected fraud affecting the City involving management, employees with significant role in the system of internal control and others where fraud could have a material effect on compliance; 20. For the accuracy and completeness of all information provided; 21. For taking reasonable measures to safeguard protected personally identifiable and other sensitive information; and 22. For confirming your understanding of your responsibilities as defined in this letter to us in your management representation letter. With regard to the schedule of expenditures of federal awards referred to above, you acknowledge and understand your responsibility (a) for the preparation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance, (b) to provide us with the appropriate written representations regarding the schedule of expenditures of federal awards, (c) to include our report on the schedule of expenditures of federal awards in any document that contains the schedule of expenditures of federal awards and that indicates that we have reported on such schedule, and (d) to present the schedule of expenditures of federal awards with the audited financial statements, or if the schedule will not be presented with the audited financial statements, to make the audited financial statements readily available to the intended users of the schedule of expenditures of federal awards no later than the date of issuance by you of the schedule and our report thereon. With regard to the supplementary information referred to above, you acknowledge and understand your responsibility (a) for the preparation of the supplementary information in accordance with the applicable criteria, (b) to provide us with the appropriate written representations regarding supplementary information, (c) to include our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary information, and (d) to present the supplementary information with the audited financial statements, or if the supplementary information will not be presented with the audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance by you of the supplementary information and our report thereon. 35 7 As part of our audit process, we will request from management and, when appropriate, those charged with governance, written confirmation concerning representations made to us in connection with the audit. We understand that your employees will prepare all confirmations we request and will locate any documents or invoices selected by us for testing. If you intend to publish or otherwise reproduce the financial statements and make reference to our firm, you agree to provide us with printers’ proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Nonattest Services With respect to any nonattest services we perform, we agree to perform the following: •Complete the auditee’s portion of the Data Collection Form, if requested We will not assume management responsibilities on behalf of the City. The City’s management understands and agrees that any advice or recommendation we may provide in connection with our audit engagement are solely to assist management in performing its responsibilities. The City’s management is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) designing, implementing, and maintaining the system of internal control, including the process used to monitor the system of internal control. Our responsibilities and limitations of the nonattest services are as follows: •We will perform the services in accordance with applicable professional standards. •The nonattest services are limited to the services previously outlined above. Our firm, in its sole professional judgment, reserves the right to refuse to do any procedure or take any action that could be construed as making management decisions or assuming management responsibilities. Our firm will advise the City with regard to tax positions taken in the preparation of the tax return, but the City must make all decisions with regard to those matters. Fees and Timing Janeen Hathcock is the engagement partner for the audit services specified in this letter. The engagement partner’s responsibilities include supervising services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the audit report. Our fees are based on the amount of time required at various levels of responsibility, plus actual out-of-pocket expenses, administrative charges and a technology fee. Invoices are payable upon presentation. We estimate that our fee for the audit will be as follows: Audit of the financial statements and Single Audit (including technology fee) $ 102,000 Maximum travel costs 5,000 Total $ 107,000 36 8 The ability to perform and complete our engagement consistent with the estimated fee included above depends upon the quality of your underlying accounting records and the timeliness of your personnel in providing information and responding to our requests. To assist with this process, we will provide you with an itemized request list that identifies the information you will need to prepare and provide in preparation for our engagement, as well as the requested delivery date for those items. A lack of preparation, including not providing this information in an accurate and timely manner, unanticipated audit adjustments, and/or untimely assistance by your personnel may result in an increase in our fees and/or a delay in the completion of our engagement. We may be requested to make certain audit documentation available to outside parties, including regulators, pursuant to authority provided by law or regulation or applicable professional standards. If requested, access to such audit documentation will be provided under the supervision of Eide Bailly LLP’s personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the outside party, who may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. We will be compensated for any time and expenses, including time and expenses of legal counsel, we may incur in making such audit documentation available or in conducting or responding to discovery requests or participating as a witness or otherwise in any legal, regulatory, or other proceedings as a result of our Firm’s performance of these services. You and your attorney will receive, if lawful, a copy of every subpoena we are asked to respond to on your behalf and will have the ability to control the extent of the discovery process to control the costs you may incur. Should our relationship terminate before our audit procedures are completed and a report issued, you will be billed for services to the date of termination. All bills are payable upon receipt. A service charge of 1% per month, which is an annual rate of 12%, will be added to all accounts unpaid 30 days after billing date. If collection action is necessary, expenses and reasonable attorney’s fees will be added to the amount due. Other Matters During the course of the engagement, we will only provide confidential engagement documentation to you via Eide Bailly’s secure portal or other secure methods, and request that you use the same or similar tools in providing information to us. Should you choose not to utilize secure communication applications, you acknowledge that such communication contains a risk of the information being made available to unintended third parties. Similarly, we may communicate with you or your personnel via e-mail or other electronic methods, and you acknowledge that communication in those mediums contains a risk of misdirected or intercepted communications. Should you provide us with remote access to your information technology environment, including but not limited to your financial reporting system, you agree to (1) assign unique usernames and passwords for use by our personnel in accessing the system and to provide this information in a secure manner; (2) limit access to “read only” to prevent any unintentional deletion or alteration of your data; (3) limit access to the areas of your technology environment necessary to perform the procedures agreed upon; and (4) disable all usernames and passwords provided to us upon the completion of procedures for which access was provided. We agree to only access your technology environment to the extent necessary to perform the identified procedures. Regarding the electronic dissemination of audited financial statements, including financial statements published electronically on your website or elsewhere, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. 37 9 Professional standards prohibit us from being the sole host and/or the sole storage for your financial and non- financial data. As such, it is your responsibility to maintain your original data and records and we cannot be responsible to maintain such original information. By signing this engagement letter, you affirm that you have all the data and records required to make your books and records complete. We may use third party service providers and/or affiliated entities (including Eide Bailly Shared Services Private Limited) (collectively, “service providers”) in order to facilitate delivering our services to you. Our use of service providers may require access to client information by the service provider. We will take reasonable precautions to determine that they have the appropriate procedures in place to prevent the unauthorized release of confidential information to others. We will remain responsible for the confidentiality of client information accessed by such service provider and any work performed by such service provider. You acknowledge that your information may be disclosed to such service providers, including those outside the United States. Neither of us may use or disclose the other’s confidential information for any purpose except as permitted under this engagement letter or as otherwise necessary for Eide Bailly to provide the services. Your confidential information is defined as any information you provide to us that is not available to the public. Eide Bailly’s confidential information includes our audit documentation for this engagement. Our audit documentation shall at all times remain the property of Eide Bailly LLP. The confidentiality obligations described in this paragraph shall supersede and replace any and all prior confidentiality and/or nondisclosure agreements (NDAs) between us. We agree to retain our audit documentation or work papers for a period of at least eight years from the date of our report. Further, we will be available during the year to consult with you on financial management and accounting matters of a routine nature. You agree to share all facts that may affect your financial statements, even if you first become aware of those facts after the date of the auditor’s report but before the date your financial statements are issued. At the conclusion of our audit engagement, we will communicate to management and the City Commission the following significant findings from the audit: •Our view about the qualitative aspects of the City’s significant accounting practices; •Significant difficulties, if any, encountered during the audit; •Uncorrected misstatements, other than those we believe are trivial, if any; •Disagreements with management, if any; •Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight of the financial reporting process; •Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures; •Representations we requested from management; •Management’s consultations with other accountants, if any; and •Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management. Government Auditing Standards require that we provide, upon request, a copy of our most recent external peer review report and any subsequent review reports to the party contracting for the audit. Accordingly, we will provide a copy of our most recent peer review report at your request. 38 10 Eide Bailly LLP is a member of HLB International, a worldwide organization of accounting firms and business advisors, ("HLB"). Each member firm of HLB, including Eide Bailly LLP is a separate and independent legal entity and is not owned or controlled by any other member of HLB. Each member firm of HLB is solely responsible for its own acts and omissions and no other member assumes any liability for such acts or omissions. Neither Eide Bailly LLP, nor any of its affiliates, are responsible or liable for any acts or omission of HLB or any other member firm of HLB and hereby specifically disclaim any and all responsibility, even if Eide Bailly LLP, or any of its affiliates are aware of such acts or omissions of another member of HLB. Eide Bailly LLP formed The Eide Bailly Alliance Network, a network for small to mid-sized CPA firms across the nation. Each member firm of The Eide Bailly Alliance, including Eide Bailly LLP, is a separate and independent legal entity and is not owned or controlled by any other member of The Eide Bailly Alliance. Each member firm of The Eide Bailly Alliance is solely responsible for its own acts and omissions and no other member assumes any liability for such acts or omissions. Neither Eide Bailly LLP, nor any of its affiliates, are responsible or liable for any acts or omission of The Eide Bailly Alliance or any other member firm of The Eide Bailly Alliance and hereby specifically disclaim any and all responsibility, even if Eide Bailly LLP, or any of its affiliates are aware of such acts or omissions of another member of The Eide Bailly Alliance. MEDIATION Any disagreement, controversy or claim arising out of or related to any aspect of our services or relationship with you (hereafter a “Dispute”) shall, as a precondition to litigation in court, first be submitted to mediation. In mediation, the parties attempt to reach an amicable resolution of the Dispute with the aid of an impartial mediator. Mediation shall begin by service of a written demand. The mediator will be selected by mutual agreement. If we cannot agree on a mediator, one shall be designated by the Montana Eighteenth Judicial District Court, Gallatin County, Montana. Mediation shall be conducted with the parties in person in Bozeman, Montana. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. Neither party may commence a lawsuit until the mediator declares an impasse. LIMITATION OF LIABILITY The exclusive remedy available to you for any alleged loss or damages arising from or related to Eide Bailly’s services or relationship with you shall be the right to pursue claims for actual damages that are directly caused by Eide Bailly’s breach of this agreement or Eide Bailly’s violation of applicable professional standards. In no event shall Eide Bailly’s aggregate liability to you exceed ten times fees paid under this agreement, nor shall Eide Bailly ever be liable to you for incidental, consequential, punitive or exemplary damages. Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements including our respective responsibilities. We appreciate the opportunity to be your certified public accountants and look forward to working with you and your staff. Respectfully, __________________________ Janeen Hathcock, CPA Partner 39 11 *************************************************************** RESPONSE: This letter correctly sets forth our understanding. Acknowledged and agreed on behalf of the City of Bozeman, Montana by: Name: _______________________________________________________________ Title: ________________________________________________________________ Date: ________________________________________________________________ 40 Memorandum REPORT TO:City Commission FROM:Shane Brandhorst, Fire Inspector Josh Waldo, Fire Chief Jamie Grabinski, Grants Coordinator Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign a FEMA Fire Prevention and Safety Grant MEETING DATE:July 22, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize City Manager to sign the FEMA Fire Prevention and Safety Grant STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The FEMA Fire Prevention and Safety grant intends to enhance the safety of the public and firefighters with respect to fire and fire-related hazards by assisting fire prevention programs. The City of Bozeman Fire Department proposed three projects under community risk reduction -a smoke alarm installation and fire safety education program, a general prevention/awareness digital fire extinguisher training initiative, and a regional fire and life safety educator training course. If awarded the grant, the Fire Department will implement and complete the training within twelve months from the date of grant award. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:Total expenditures are expected to be $65,772.73. If the grant is awarded, the expenditures will be made in the general fund Fire Department Operations Division and it may require a future budget amendment. Attachments: Grant Application Routing form for Fire Prevention and Safety grant_.pdf Report compiled on: July 3, 2025 41 3120 7/22/2025 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 42288 System for Award Management (SAM.gov) profile Please identify your organization to be associated with this application. All organization information in this section will come from the System for Award Management (SAM) profile for that organization. CITY OF BOZEMAN Information current from SAM.gov as of:05/04/2025 UEI-EFT:EEAPKALAEM35 DUNS (includes DUNS+4):083705293 Employer Identification Number (EIN):816001238 Organization legal name:CITY OF BOZEMAN Organization (doing business as) name: Mailing address:121 N ROUSE AVE BOZEMAN, MT 59715-3740 Physical address:121 N ROUSE AVE BOZEMAN, MT 59715-3740 Is your organization delinquent on any federal debt?N SAM.gov registration status:Active as of 10/14/2024 We have reviewed our bank account information on our SAM.gov profile to ensure it is up to date Applicant information Please provide the following additional information about the applicant. Applicant name City of Bozeman, MT Fire Department 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#1/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 43289 Main address of location impacted by this grant Main address 1 300 East Oak Street Main address 2 121 N. Rouse Ave. City Bozeman State/territory MT Zip code 59715 Zip extension 1230 In what county/parish is your organization physically located? If you have more than one station, in what county/parish is your main station located? Gallatin County Applicant characteristics The FP&S (Fire Prevention and Safety) program intends to enhance the safety of the public and firefighters with respect to fire and fire-related hazards by assisting fire prevention programs and supporting firefighter health and safety research and development. Grant funds are available in two activities: Fire Prevention and Safety Activity and Research and Development Activity. Please review the Notice of Funding Opportunity for information on available categories within each activity area and for more information on the evaluation process and conditions of award. Please provide the following additional information about your organization. Activity:Fire Prevention and Safety (FP&S) Applicant type:Fire Department/Fire District What kind of organization do you represent?All Paid/Career Do you currently report to the National Fire Incident Reporting System (NFIRS)? You will be required to report to NFIRS for the entire period of the grant. Yes 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#2/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 44290 Please enter your FDIN/FDID.06001 Operating budget What is your organization's operating budget for programs that enhance the safety of the public and firefighters with respect to fire and fire-related hazards (including fire prevention, fire code enforcement, fire/arson investigation, wildfire prevention, and firefighter health and safety research and development)? Please include costs (e.g., personnel, maintenance of apparatus, equipment, facilities, utility costs, purchasing expendable items, etc.) for the current (at the time of application) fiscal year, as well as the previous two fiscal years. Current fiscal year: 2025 Please explain the applicant's need for financial assistance to carry out the proposed project(s). Provide detail about the applicant's total operating budget, including a high-level breakdown of the budget. Describe the applicant's inability to address financial needs without federal assistance. Discuss other actions the applicant has taken to meet their needs. Include information on efforts to obtain funding elsewhere and how similar projects have been funded in the past. The challenge for the City of Bozeman (COB) is the annual population increase and the growing need for public services. The COB Fire Department is the primary provider of fire prevention services for Bozeman and also participates in mutual aid agreements with other regional fire departments. Since Bozeman is the entity with the largest resident population and the largest daily inflow and outflow of people though, the need for public safety services far outweighs the contribution of funding. The City of Bozeman general fund operating budget has made significant investments in fire and fire related hazards. While there are many competing projects for the City general funds, in 2022 utilizing debt obligation financing, the City of Bozeman built Fire Station #2 which officially opened on September 10, 2024. The new station is strategically located on the Montana State University (MSU) campus, adjacent to the MSU Police Department. This new location on Kagy Boulevard which is a main east-west emergency and evacuation corridor for the City has significantly reduced response times on the southeast side of Bozeman. Also, the City and the State of Montana are currently working together on a Kagy Boulevard expansion. All these investments are not reflected in the Fire Department’s daily operating budget outlined for fiscal year 2023-2025 in this Fiscal Year Operating budget 2025 $9,434,500.00 2024 $9,328,300.00 2023 $8,311,863.00 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#3/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 45291 application. In the Fire Department’s daily operating budget, the largest expense is personnel. Eighty-five percent of the Fire Department’s daily operating budget is for salaries, wages, and benefits. The Fire Department has sixty-three full time personnel -five are fire administrative positions, one is non-fire administrative, and fifty-seven are operational fire personnel. We recently added in March 2025, twelve operational firefighters currently funded by a FEMA SAFER grant. Since 2023, the annual base wage has increased by 6.5% for each fiscal year. Consequently, the insurance premium expenses increased nationally and for the City of Bozeman, the rate increase was 11.5%. The other operating budget items include contracted services which is three percent; travel and training for HazMat and other training which is one percent; supplies and materials which includes anything from small equipment, EMS medical supplies, clothing and uniforms is seven percent, and maintenance which includes vehicle maintenance and utilities is approximately three percent of the daily budget. To respond to increased need for public safety services, the City of Bozeman planned to build Fire Station #4 and add personnel in early 2025. As the City expands, Fire Station #4 location was anticipated and still is planned for the west side of Bozeman near Gallatin Highschool. The City approached voters in November 2024 with a general obligation bond measure intended to finance the design and construction of the new station and a second mill levy measure for first responders. During a time of increased cost of living expenses due to inflation, both proposed measures were rejected by voters with many people citing tax fatigue as the reason for their decision. Often when needs are prioritized, public education and training opportunities are short funded to meet more critical needs such as personnel and apparatus maintenance and replacement. Over the years, the Bozeman Fire Department has maintained administering fire safety education programs. Nevertheless, there is evidence and real need to expand these opportunities to reach more of the community. With an ever-growing and diverse aged population, it is a critical time for Bozeman Fire Department to expand its educational opportunities to the community while training internal staff also. Grant funding for these efforts is essential as the BFD balances ongoing capital replacement and improvement efforts for a steady population increase. In cases of demonstrated economic hardship, and upon the request of the grant applicant, the FEMA Administrator may grant an Economic Hardship Waiver. Is it your organization's intent to apply for an Economic Hardship Waiver? No Other funding sources This fiscal year, are you receiving Federal funding from any other grant program for the same purpose for which you are applying for this grant? No This fiscal year, are you receiving Federal funding from any other grant program regardless of purpose? Yes Please provide an explanation for other funding sources in the space provided below. We have other grants such as SAFER, US DOJ Treatment Court Discretionary grant, HUD Community Development Block Entitlement grant, US DOJ Edward Byrne Justice Assistance grant and various pass through grants from the State of Montana. Community description 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#4/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 46292 Please provide the following additional information about the community your organization serves. What type of community does your organization serve? Urban What is the permanent resident population of your first due response zone/jurisdiction served? 57894 Please describe your organization and/or community that you serve. The City of Bozeman Fire Department (BFD) is an active department with three stations strategically located around 21 square miles of the city. Bozeman is the fourth largest city in Montana and is the county seat for Gallatin County. Bozeman is a continuously growing community with an average growth of approximately 2% annually. As the county seat, Bozeman is a busy, active community. In addition to the permanent resident population, approximately 21,000 people commute into the city for work or personal business daily. Bozeman is also home to Montana State University which has an annual student population of approximately 17,000 students per year. Lastly, Bozeman is a recreational hub for world class hunting, fishing, biking, skiing, hiking, camping and outdoor recreation, and these opportunities bring many visitors in and through the City weekly. As stated, the Bozeman Fire Department has three fire stations. Fire Station #1 is located just northeast of the city downtown area, Fire Station #2 is located on Montana State University campus, and Fire Station #3 is centrally located. Currently, BFD has sixty-three fire personnel, fifty-seven of the total personnel are operational employees that provide hazardous materials response, technical rescue, unmanned aerial systems operations, public education, fire prevention, structural and wildland firefighting operations, and EMS. Finally, the BFD has nine response apparatus. With fifty-seven operational employees, three fire stations, and a growing permanent population, BFD's need for fire prevention and safety outreach, education, and risk reduction is vast. Grant request details Grand total: $65,772.73 Program area: Fire prevention and safety Activity: Community Risk Reduction $65,772.73 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#5/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 47293 Project Smoke Alarm Installations (door to door with home safety inspection) project questions Project: Smoke Alarm Installations (door to door with home safety inspection) Bozeman Fire Department - Smoke Alarm Installation and Fire Safety Education Program $21,206.25 Please provide the following information about the project you want funded. Project name Bozeman Fire Department - Smoke Alarm Installation and Fire Safety Education Program Is this a national-level project, with national impact and national dissemination? No Is this project a regional request? A regional request provides a direct regional and/or local benefit beyond your organization. You may apply for a regional request on behalf of your organization and any number of other participating eligible organizations within your region. No Who is the target audience for the planned project? 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#6/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 48294 Adults over 65 People with disabilities (e.g., deaf/hard-of-hearing) College/university housing Low-income families/neighborhoods What is the estimated size of the target audience? 500 How was this target audience determined?Will Be Conducting Assessment Please provide a brief synopsis of the proposed project and then identify the specific goals and objectives of your project. The proposed project aims to enhance community safety through a comprehensive Smoke Alarm Installation and Fire Safety Education Program. This initiative will focus on reducing fire-related injuries and fatalities by providing free smoke alarms to households in high-risk areas and delivering targeted fire safety education. The program will be delivered in collaboration with local fire departments, community organizations, and volunteers. By equipping residents with working smoke alarms and the knowledge of how to prevent and respond to fires, the project seeks to build safer, more resilient communities. Our goal with this project is to increase the number of households served and smoke alarms installed. Our current baseline data is limited, so our objective is to establish a baseline of the number of households served and smoke alarms installed and increase those numbers by 15% within the first year of the increased outreach efforts. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#7/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 49295 Please explain your experience and ability in developing and conducting (i.e., timely and satisfactory project completion) past fire prevention and safety projects. Additionally, please demonstrate the experience and expertise you have in managing the type of project you are proposing. The BFD fire inspector has several years of experience supporting smoke alarm installation campaigns and conducting home fire safety education as part of multiple department’s fire prevention and public outreach efforts. His role has involved both direct service and assisting with training and logistics, making him well- prepared to support expanded efforts under a Fire Prevention and Safety (FP&S) Grant. The fire inspector has installed smoke alarms in homes across multiple communities, focusing on proper placement per NFPA guidelines. Residents were taught how to test and maintain their alarms, and the fire inspector verified alarm function before leaving each home. During safety visits, the fire inspector performed walkthrough assessments to identify fire hazards such as blocked exits, unsafe electrical use, or missing alarms, and he provided basic education on fire escape planning and fire-safe behaviors. Currently, the fire inspector participates in fire safety presentations at schools, senior centers, and local events, using visual aids and handouts to make fire prevention messages accessible to all age groups. He has also helped deliver targeted outreach to at-risk populations, including low-income families and older adults. This past experience positions the fire inspector to build an effective team, support the team and scale effective, community-based fire prevention programs to reduce home fire risks and improve safety outcomes for vulnerable populations. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#8/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 50296 Sustainability: Is it your organization's intent to deliver this program after the grant performance period? If so, how will the overall activity be sustained and what are the long-term benefits? Examples of sustainable projects can be illustrated through the long-term benefits derived from the delivery of the project, the presence of non-federal partners likely to continue the effort, or the demonstrated long-term commitment of the applicant. Yes, it is our organization’s intent to continue delivering the smoke alarm installation and fire safety education program after the grant performance period ends. We are committed to long-term fire safety outcomes in our community, and we will work with local stakeholders to maintain a sustainability strategy to ensure this program endures well beyond the life of the grant. Bozeman Fire Department’s long-term goal is to ensure that every home in Bozeman has working smoke alarms and that every resident knows how to respond in the event of a fire. This program will bridge gaps in fire prevention awareness and provide essential life-saving tools and knowledge, especially for seniors, low-income families, renters, individuals with disabilities, non-English-speaking households, and residents of older housing stock. Narrative The narrative statements must provide all the information necessary for you to justify your needs and for FEMA to make an award decision. A panel of peer reviewers will evaluate the applications by using the narrative statements below to determine the worthiness of the request for an award. Please ensure that your narrative clearly addresses each of the following evaluation criteria elements to the best of your ability with detailed but concise information. You may either type your narrative statements in the spaces provided below or create the text in your word processing system and then copy it into the appropriate spaces provided below. Please note the narrative block does not allow for formatting. Do not type your narrative using only capital letters. Additionally, do not include tables, special fonts (i.e., quote marks, bullets, etc.), or graphs. Please review the Notice of Funding Opportunity for additional narrative details. Commitment to Mitigation: Fire Department applicants that can demonstrate their commitment and proactive posture to reducing fire risk will receive higher consideration. Applicants must explain their code adoption and enforcement (to include Wildland Urban The Bozeman Fire Department (BFD) seeks funding to enhance a comprehensive Smoke Alarm Installation and Fire Safety Education Program aimed at reducing fire- related injuries and fatalities among vulnerable residents. This project 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#9/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 51297 Interface and commercial/residential sprinkler code adoption and enforcement) and mitigation strategies (including whether or not the jurisdiction has a FEMA-approved mitigation strategy). Applicants can also demonstrate their commitment to reducing fire risk by applying to implement fire mitigation strategies (code adoption and enforcement) via this application. addresses critical safety gaps by providing free smoke and carbon monoxide (CO) alarms alongside targeted, multilingual fire safety education. Currently, the BFD utilizes 2021 International Fire code, 2021 International Building code and the 2021 International residential code. Depending on the building and space, sprinkler fire suppression may or may not be required. For example, one of the identified vulnerabilities in our community is older homes and buildings. Unless these homes or buildings are renovated and apply for a permit, it is not mandatory, and they are not required to install any fire suppression system. Lastly, for the Wildland Urban Interface protocol and enforcement, the BFD has a mutual aid agreement with Gallatin County Emergency Management which is a FEMA-approved mitigation strategy. Vulnerability Statement: The assessment of fire risk is essential in the development of an effective project goal, as well as meeting FEMA’s goal to reduce risk by conducting a risk assessment as a basis for action. Vulnerability is a “weak link,” demonstrating high-risk behavior, living conditions, or any type of high-risk situation. The Vulnerability Statement should include a description of the steps taken to determine the vulnerability and identify the target audience. The methodology for determination of vulnerability (i.e., how the vulnerability The City of Bozeman, Montana is experiencing rapid population growth and there is a growing need for enhanced fire prevention efforts. Annually, the population has grown two percent on average with 2021 experiencing a three percent population increase. In particular, Bozeman’s vulnerable populations such as seniors, low-income households, individuals with disabilities, non-English- speaking households, residents of older housing stock, and substantial student and renter population are among the groups needing the enhanced fire prevention efforts. According to the National Fire Protection Association (NFPA), three out of 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#10/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 52298 was found) should be discussed in-depth in the application’s Narrative Statement. The specific vulnerability that will be addressed with the proposed project can be established through a formal or informal risk assessment. FEMA encourages the use of local statistics, rather than national statistics, when discussing the vulnerability. In a clear, to-the-point statement, the applicant should summarize the vulnerability the project will address, including who is at risk, what the risks are, where the risks are, and how the risks can be prevented, reduced, or mitigated. For the purpose of this application, formal risk assessments consist of the use of software programs or recognized expert analysis that assess risk trends. Informal risk assessments could include an in-house review of available data (e.g., National Fire Incident Reporting System [NFIRS]) to determine fire loss, burn injuries or loss of life over a period of time, and the factors that are the cause and origin for each occurrence, including a lack of adoption or enforcement of certain codes. five home fire deaths result from fires in properties without working smoke alarms. In Bozeman, the risk is elevated in older neighborhoods where smoke alarms are outdated or absent altogether. Moreover, language, literacy, and economic barriers hinder access to fire safety education for many transient workers and underserved community members. The proposed Smoke Alarm Installation and Fire Safety education Program is a targeted intervention aimed at reducing fire-related hazards and fatalities through direct community engagement, free smoke alarm installation, and tailored educational outreach. This program will specifically address the heightened vulnerability of at-risk populations, equipping residents with the knowledge and tools necessary to prevent fire tragedies and improve community resilience. In partnership with non-profit organizations that provide housing and other human resource services, the BFD will work them to facilitate relationships with the vulnerable populations. For example, the Human Resource Development Council IX (HRDC) and the Gallatin City-County Health Department (GCCHD) provide case management to low to moderate income families and will provide information about the Smoke Alarm Installation and Fire Safety education program to them. Our goals and objectives are to install alarms in 100+ homes, including 25 with hearing-impaired strobe units; prioritize underserved households and those with expired or missing alarms; educate 500+ residents in 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#11/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 53299 fire prevention, preparedness, and alarm use; and increase community awareness through translated materials and outreach events. Project Description: Applicants must describe in detail not only the project components but also how the proposed project addresses the identified capability gap, due to financial need and/or the vulnerabilities identified in the vulnerability statement. The following information should be included: Project Components Review of any existing programs or models that have been successful. Detailed description of how the proposed project components fill the identified capability gap If working with Fire Service Partners/Organizations, identify each partner/organization and the role(s) they will fill in the successful completion of the proposed project. The BFD proposes to enhance the comprehensive Smoke Alarm Installation and Fire Safety Education Program aimed at reducing fire-related injuries and fatalities in the community, particularly among high-risk and underserved populations. This initiative responds directly to identified vulnerabilities in Bozeman’s growing population, including seniors, low-income families, renters, individuals with disabilities, ESOL households, and residents of older housing stock. This project will consist of two interrelated components. First, with the Smoke Alarm Installation Initiative the BFD, in collaboration with community partners, will offer free in-home smoke alarm installations. This activity will prioritize homes without any working smoke alarms, residences with expired or non-functional alarms, and households with children, elderly residents, or individuals with limited mobility. The program will use current guidelines, ensuring each home has an adequate number of long-life, tamper- resistant alarms installed in the appropriate locations. Secondly, with a Fire Safety Education and Outreach Campaign, trained personnel will provide in-person fire safety education, including home escape planning, cooking safety, proper alarm maintenance, tobacco and other smoking, and candle use 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#12/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 54300 precautions. Educational materials will be translated into multiple languages and adapted to accommodate varying literacy levels, ensuring broad outreach. Outreach will also extend to schools, senior centers, and community centers through scheduled presentations and events. The project will be promoted through targeted campaigns using local media, social service agencies, neighborhood associations, and schools to reach populations most in need. Strategic partnerships with nonprofit organizations, housing authorities, and health and human services will help facilitate BFD's ability to reach and work with clients to enhance the effectiveness of the program. Implementation Plan: Each project proposal should include details on the implementation plan which discusses the proposed project’s goals and objectives. The following information should be included to support the implementation plan: Goals and objectives Details regarding the methods and specific steps that will be used to achieve the goals and objectives Timelines outlining the chronological project steps (this is critical for determining the likeliness of the project’s completion within the period of performance) Where applicable, examples of marketing efforts to promote the project, who will deliver the project (e.g., effective partnerships), and the manner in which The goal is to implement a successful smoke alarm installation and fire safety education program for the City of Bozeman. The BFD will be able to measure the success of this goal by achieving the following objectives to prioritize households without any working smoke alarms, expired or non-functional alarms, and households with children, elderly, or disabled residents; install 100 Smoke and Carbon Monoxide, 10-year battery powered, led warning light indicator detectors in 25 households for hearing impaired; educate 300+ individuals with fire safety materials and in-person guidance; and increase community awareness of fire prevention practices. In order to achieve this goal and objectives, the BFD proposes the following one-year timeline for delivery and execution of the program assuming a start date of 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#13/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 55301 materials or deliverables will be distributed Requests for props (i.e., tools used in educational or awareness demonstrations), including specific goals, measurable results, and details on the frequency for which the prop will be utilized as part of the implementation plan. Applicants should include information describing the efforts that will be used to reach the high-risk audience and/or the number of people reached through the proposed project (examples of props include safety trailers, puppets, or costumes) Where human subjects are involved, describe plans for submission to the Institutional Review Board (IRB) (for further guidance and requirements, see the Human Subjects Research section of the NOFO) NOTE: For applicants proposing a complex project that may require a 24- month Period of Performance, please include significant justification and details in the implementation plan that justify the applicant’s need for a Period of Performance of more than 12 months. September 1, 2025. For month one, BFD will meet with community partners such as BSD7, HRDC, GCCHD, and Family Promise to explain the program. During months one through two, BFD will develop and deliver outreach and marketing materials via social media, hand-outs, and flyers. In month three (November 2025), BFD will purchase detectors that will be used for this project. From December 1 - May 31, 2026, BFD will deliver the first class, complete installations and assess the success of the program. The final four months of the program BFD plans to deliver the second fire safety education class. Our proposed program involves all community members with targeted outreach to vulnerable populations identified by our non-profit partners. The program is not necessarily limited to any particular class or income level in order to participate and we will not be collecting income data, demographic data, or other personally identifiable information for participants. Therefore, per 6 C.F.R. Part 46, this program will not involve research of human subjects and is not subject to an Institutional review board approval or waiver. Evaluation Plan: Projects should include a plan for evaluation of effectiveness and identify measurable goals. Applicants seeking to carry out awareness and educational projects, for example, should identify how they intend to determine that there has been an increase in knowledge about fire hazards, or measure a The program success will be measured by the number of smoke alarms installed and the number of individuals who attended the educational sessions. Since the program is a voluntary program for any community member to participate in, their feedback is also voluntary. However, we will conduct 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#14/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 56302 change in the safety behaviors of the audience. Applicants should demonstrate how they will measure risk at the outset of the project in comparison to how much the risk decreased after the project is finished. There are various ways to measure the knowledge gained about fire hazards, including the use of surveys, pre- and post-tests, or documented observations. Applicants are encouraged to attend training on evaluation methods, such as the National Fire Academy’s “Demonstrating Your Fire Prevention Program’s Worth.” pre- and post-visit surveys to measure risk and safety knowledge. Lastly, with the installation of smoke alarms, the information will give us baseline data for the number of homes without working smoke alarms, expired or non-functional smoke alarms, and household types receiving smoke alarms. Cost Benefit: Projects will be evaluated and scored by the Peer Review Panelists based on how well the applicant addresses the fire prevention needs of the department or organization in an economic and efficient manner. The applicant should show how it will maximize the level of funding that goes directly into the delivery of the project. The costs associated with the project also must be reasonable for the target audience that will be reached, and a description should be included of how the anticipated project benefit(s) (quantified if possible) outweighs the cost(s) of the requested item(s). The application should provide justification for all costs included in the project in order to assist the Technical Evaluation Panel with their review. The proposed Smoke Alarm Installation and Fire Safety Education Program represents a highly cost-effective investment in public safety for the City of Bozeman. The program is designed to proactively reduce the occurrence of fire-related injuries, fatalities, and property damage—outcomes that carry significant financial and human costs for individuals, communities, and emergency services. The BFD intends to provide three hours of classroom education and community outreach at events such as Music on Main and others. Once individuals sign up for volunteer services, fire personnel will work in four hour windows for smoke alarm installations with a volunteer certified electrician. The hearing impaired smoke alarm detectors are $140 each and four to five will be installed per household. Regular carbon monoxide and smoke detectors are $142 each for a four pack and one pack will be used per household. Compared to the average home in Bozeman being at $750,000 versus the 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#15/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 57303 Cost Items Item: Smoke alarms and carbon monoxide detectors $21,206.25 cost of fire safety education at four fire personnel for three hours is approximately $1,100. The benefit of the life-saving, fire prevention education class along with the installation of four smoke alarms is six hundred times more beneficial than the average cost of holding one class. This effort will also help reduce homeowner insurance premiums and potentially save lives in the event of an actual fire. Additional Comments: If you have any additional comments about your project, please provide them here. This project addresses a critical public safety need in Bozeman by proactively mitigating fire risks where they are greatest. By combining physical safety improvements with education, it aims to create a culture of prevention and self- protection that will save lives and property. Description The type of alarms that will be used are Kiddie Smoke and Carbon Monoxide detectors, that have a 10-year battery and LED warning light indicators. - These detectors have enhanced sensing technology that reduces false smoke alarms often caused by cooking. Comprehensively tested to meet the latest UL standards, meets UL 219 9th Edition, UL 2024 4th Edition and FCC standards. - LED notification lights - Indicate the status of the alarm: (Green-normal operation, Amber- 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#16/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 58304 General Prevention/Awareness project questions Project: General Prevention/Awareness Digital Fire Extinguisher Training Initiative $30,066.48 operating error, Red-smoke or carbon monoxide detected and a loud 85 decibel alarm will sound). For the hearing impaired we will include a BRK First Alert Combo Smoke and CO alarms with LED strobe and 10-year battery backup. Budget class Supplies Year 1 Quantity 1125 Unit price $18.85 Total $21,206.25 Year 2 Quantity 0 Unit price $0.00 Total $0.00 TOTAL 1125 $21,206.25 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#17/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 59305 Please provide the following information about the project you want funded. Project name Digital Fire Extinguisher Training Initiative Is this a national-level project, with national impact and national dissemination? No Is this project a regional request? A regional request provides a direct regional and/or local benefit beyond your organization. You may apply for a regional request on behalf of your organization and any number of other participating eligible organizations within your region. No Who is the target audience for the planned project? Adults over 65 People with disabilities (e.g., deaf/hard-of-hearing) College/university housing Low-income families/neighborhoods What is the estimated size of the target audience? 500 How was this target audience determined?Will Be Conducting Assessment Please provide a brief synopsis of the proposed project and then identify the specific goals and objectives of your project. The proposed initiative involves expansion and improvement of BFD's fire extinguisher program. Currently, the BFD conducts fire extinguisher training to individuals or groups upon request by using live fire fueled by diesel and chemical-based extinguishers. While effective, this method poses environmental concerns and 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#18/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 60306 logistical challenges, especially in an urban setting. BFD’s goal is to improve our fire extinguisher training program from a live fire training to a safer, sustainable simulation extinguisher training. The objectives of the updated program will be to expand fire extinguisher training beyond the fire station to community spaces, events, and schools; reach 300+ individuals in Year 1, with 60% from high-risk groups; achieve a 70% increase in fire extinguisher knowledge and confidence; and maintain a 90% participant satisfaction rate with training quality. Please explain your experience and ability in developing and conducting (i.e., timely and satisfactory project completion) past fire prevention and safety projects. Additionally, please demonstrate the experience and expertise you have in managing the type of project you are proposing. Currently, BFD has a developed live fire extinguisher training course, and our fire inspector delivers the course. The purpose of this project is to improve the course to a safer, more environmentally friendly delivery method and reach more participants. While with the Department of Defense (DOD), our current fire inspector provided hands-on fire extinguisher training to a variety of groups, including schools, senior centers, local businesses, and community organizations. Through instructor-led demonstrations and simulated fire scenarios, participants learned how to safely operate a fire extinguisher using the PASS method (Pull, Aim, Squeeze, Sweep) and received guidance on when it is appropriate to attempt extinguishing a fire. The training was adapted to fit the needs of each audience member and proved especially valuable for individuals with no prior 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#19/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 61307 extinguisher experience, staff in high-risk environments, such as kitchens and industrial settings, where immediate response is critical and community outreach events, including fire prevention weeks and public safety days, where the program reached large numbers of residents and workers. In addition to conducting the training, the fire inspector and his team in his previous role oversaw the complete administration of the program. This included planning and scheduling training sessions in coordination with schools, businesses, and community organizations; managing logistics and equipment, ensuring that all training tools and materials were functional and safe; tracking attendance and collecting participant feedback to measure program impact and identify areas for improvement; and, documenting activities and preparing reports, which were used to demonstrate compliance with program goals and support future funding efforts. The fire extinguisher training program was a key component for the community risk reduction (CRR) program while at DoD. Sustainability: Is it your organization's intent to deliver this program after the grant performance period? If so, how will the overall activity be sustained and what are the long-term benefits? Examples of sustainable projects can be illustrated through the long-term benefits derived from the delivery of the project, the presence of non-federal partners likely to continue the effort, or the demonstrated long-term commitment of the applicant. Yes, the Bozeman Fire Department is dedicated to the sustained delivery of comprehensive fire prevention programs. This training initiative will be integrated into annual fire prevention events; safety training for Montana State University (MSU) students 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#20/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 62308 and staff; BFD's Community Risk Reduction (CRR) strategy; and, routine business inspections and associated public education efforts. The proposed digital training systems are designed for long-term use, requiring minimal maintenance and offering an operational lifespan of 8 to 10 years. As Bozeman continues to grow, the department will actively pursue cost-sharing partnerships with local organizations and stakeholders to support program expansion beyond the initial year of implementation. Narrative The narrative statements must provide all the information necessary for you to justify your needs and for FEMA to make an award decision. A panel of peer reviewers will evaluate the applications by using the narrative statements below to determine the worthiness of the request for an award. Please ensure that your narrative clearly addresses each of the following evaluation criteria elements to the best of your ability with detailed but concise information. You may either type your narrative statements in the spaces provided below or create the text in your word processing system and then copy it into the appropriate spaces provided below. Please note the narrative block does not allow for formatting. Do not type your narrative using only capital letters. Additionally, do not include tables, special fonts (i.e., quote marks, bullets, etc.), or graphs. Please review the Notice of Funding Opportunity for additional narrative details. Commitment to Mitigation: Fire Department applicants that can demonstrate their commitment and proactive posture to reducing fire risk will receive higher consideration. Applicants must explain their code adoption and enforcement (to include Wildland Urban Interface and commercial/residential sprinkler code adoption and enforcement) and mitigation strategies (including whether or not the jurisdiction has a FEMA-approved mitigation strategy). Applicants can also demonstrate their commitment to reducing fire risk by applying to implement fire mitigation strategies (code adoption and enforcement) via this application. The Bozeman Fire Department (BFD) seeks funding to implement a modern, simulation- based fire extinguisher training program that eliminates the use of live fire and chemical-based extinguishers. This innovative initiative will replace outdated, environmentally burdensome methods with a sustainable, portable, and inclusive system that enhances fire safety knowledge and preparedness across Bozeman's diverse population. The proposed training will focus on high-risk groups, support existing public safety programs, and significantly increase the reach and effectiveness of fire extinguisher education throughout the community. The BFD’s 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#21/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 63309 current codes include the 2021 International Building Code (IBC), International Fire Code (IFC), 2019 NFPA 13 Standard for the installation of sprinkler systems along with the NFPA 13R and 13D. BFD adopts current codes as they are released. Enforcement is done through inspections either during the construction process or through annual fire inspections to ensure all systems are installed per the applicable code and maintained. Vulnerability Statement: The assessment of fire risk is essential in the development of an effective project goal, as well as meeting FEMA’s goal to reduce risk by conducting a risk assessment as a basis for action. Vulnerability is a “weak link,” demonstrating high-risk behavior, living conditions, or any type of high-risk situation. The Vulnerability Statement should include a description of the steps taken to determine the vulnerability and identify the target audience. The methodology for determination of vulnerability (i.e., how the vulnerability was found) should be discussed in-depth in the application’s Narrative Statement. The specific vulnerability that will be addressed with the proposed project can be established through a formal or informal risk assessment. FEMA encourages the use of local statistics, rather than national statistics, when discussing the vulnerability. The primary vulnerability that this project #2 will address is the limited access to comprehensive fire prevention education and training. Currently, fire extinguisher training is only offered to businesses and other entities when requested. So, while fire-related incidents continue to pose a significant threat to public safety, even with the availability of fire extinguishers in homes and workplaces, there is limited access to comprehensive fire prevention education and training using a fire extinguisher. Many individuals lack the necessary knowledge and confidence to operate these devices effectively during emergencies and this project seeks to remedy the vulnerability. The targeted groups for this training include businesses, but also at-risk groups such as seniors, individuals with disabilities, low to moderate income households, and those living in communal living spaces such as homeless or transitional housing properties. The proposed Digital Fire Extinguisher Training Initiative will provide 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#22/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 64310 In a clear, to-the-point statement, the applicant should summarize the vulnerability the project will address, including who is at risk, what the risks are, where the risks are, and how the risks can be prevented, reduced, or mitigated. For the purpose of this application, formal risk assessments consist of the use of software programs or recognized expert analysis that assess risk trends. Informal risk assessments could include an in-house review of available data (e.g., National Fire Incident Reporting System [NFIRS]) to determine fire loss, burn injuries or loss of life over a period of time, and the factors that are the cause and origin for each occurrence, including a lack of adoption or enforcement of certain codes. accessible, scalable, and evidence-based fire extinguisher training through digital platforms. This approach ensures consistent and effective delivery of fire safety education and enhances individual preparedness. Ultimately, the initiative aims to reduce fire-related injuries and fatalities while strengthening overall community resilience. Project Description: Applicants must describe in detail not only the project components but also how the proposed project addresses the identified capability gap, due to financial need and/or the vulnerabilities identified in the vulnerability statement. The following information should be included: Project Components Review of any existing programs or models that have been successful. Detailed description of how the proposed project components fill the identified capability gap If working with Fire Service Partners/Organizations, identify each We propose the acquisition of two portable, laser-based fire extinguisher training systems (such as BullEx or an equivalent model). These systems provide realistic fire simulation and enable users to practice the PASS technique (Pull, Aim, Squeeze, Sweep) in a controlled, safe environment. The simulation systems feature flame-free, chemical-free operation, allowing for safe, repeatable training in indoor settings; simulation of multiple fire classes (A, B, and C); real-time performance feedback and scoring to enhance training effectiveness; and ADA-compliant design, ensuring accessibility and safety for users of all ages 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#23/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 65311 partner/organization and the role(s) they will fill in the successful completion of the proposed project. and abilities. BFD’s current fire extinguisher training consists of live fire with the use of diesel fuel and chemical fire extinguishers for training purposes. This is not an environmentally friendly or user effective approach to training in the city. The training is conducted at the fire station and only when an individual or group requests it. Additionally, BFD does not actively engage training at city events. This leaves a large swath of residents and short-term residents such as college students and transient workers in Bozeman without the opportunity to learn how to properly use a fire extinguisher. With the proposed digital fire extinguisher trainer, we can attend city events and offer an immediate hands-on experience to residents, business owners, and visitors on the proper way to use a fire extinguisher in the event of a small fire. Implementing a digital fire extinguisher training initiative addresses the lack of a comprehensive fire prevention and safety program using extinguishers by providing an accessible, scalable, and cost-effective platform for fire safety education. This program will strengthen community resilience, reduce fire-related injuries and property damage, and create capable extinguisher users. Implementation Plan: Each project proposal should include details on the implementation plan which discusses the proposed project’s goals and objectives. The following information should be included to support the implementation plan: The proposed digital fire extinguisher training system will be fully integrated into the Bozeman Fire Department’s current, yet limited fire prevention education program. Each system consists of a simulated fire screen and laser-driven extinguishers, 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#24/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 66312 Goals and objectives Details regarding the methods and specific steps that will be used to achieve the goals and objectives Timelines outlining the chronological project steps (this is critical for determining the likeliness of the project’s completion within the period of performance) Where applicable, examples of marketing efforts to promote the project, who will deliver the project (e.g., effective partnerships), and the manner in which materials or deliverables will be distributed Requests for props (i.e., tools used in educational or awareness demonstrations), including specific goals, measurable results, and details on the frequency for which the prop will be utilized as part of the implementation plan. Applicants should include information describing the efforts that will be used to reach the high-risk audience and/or the number of people reached through the proposed project (examples of props include safety trailers, puppets, or costumes) Where human subjects are involved, describe plans for submission to the Institutional Review Board (IRB) (for further guidance and requirements, see the Human Subjects Research section of the NOFO) NOTE: For applicants proposing a complex project that may require a 24- month Period of Performance, please designed to accurately replicate real-world extinguisher use. The training is flame-free and chemical-free, allowing it to be safely conducted indoors—ideal for classrooms, senior centers, schools, and business environments. The department will conduct a minimum of 50 community-based training sessions annually, with an expected reach of over 500 participants. These sessions will be incorporated into K–12 school fire safety curricula, senior citizen safety and prevention programs, business and employee fire safety outreach, and education for individuals with special needs and at-risk populations. Each training session will include a combination of instructional content and hands-on practice with the digital extinguisher unit. Participants will learn key fire safety concepts, including fire behavior, fire extinguisher types, and the P.A.S.S. (Pull, Aim, Squeeze, Sweep) technique. The implementation timeline is split into four different phases. During phase one (months 1–2), it will include procurement activities. We will acquire two digital fire extinguisher training systems and train fire department personnel on instructional use and system maintenance. During phase two which will be months 2-3, it will include community engagement, scheduling, and coordinating training events with local senior centers, Bozeman Public Schools, area businesses and employers, and The Downtown Business Association and city event coordinators. During phase three which will be months 3-12, it will include program 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#25/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 67313 include significant justification and details in the implementation plan that justify the applicant’s need for a Period of Performance of more than 12 months. launch and delivery. We plan to deliver training sessions at a variety of community locations on a rotating basis. Lastly, phase four which will be ongoing, will evaluate the program by administering pre- and post- training surveys to assess knowledge gain and confidence. With the assessment information, we will update our community risk reduction strategy (CRR). The Bozeman Fire Department (BFD) will leverage the weekly City Manager Update to keep all city employees informed about upcoming opportunities to also participate in training. In addition to internal communications, BFD will actively promote trainer-related events through its official social media platforms. To further expand outreach and community engagement, BFD will also partner with the Downtown Business Association to highlight appearances of the trainer at local events and public gatherings. Lastly, this proposed program involves all community members with targeted outreach to certain populations identified by our non-profit partners. The program is not necessarily limited to any particular class or income level in order to participate though and we will not be collecting income data, demographic data, or other personally identifiable information for participants. Therefore, per 6 C.F.R. Part 46, this program will not involve research of human subjects and is not subject to an Institutional review board approval or waiver. Evaluation Plan: Projects should include a plan for evaluation of effectiveness and identify We plan to measure the success of the program first, by the participation of the 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#26/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 68314 measurable goals. Applicants seeking to carry out awareness and educational projects, for example, should identify how they intend to determine that there has been an increase in knowledge about fire hazards, or measure a change in the safety behaviors of the audience. Applicants should demonstrate how they will measure risk at the outset of the project in comparison to how much the risk decreased after the project is finished. There are various ways to measure the knowledge gained about fire hazards, including the use of surveys, pre- and post-tests, or documented observations. Applicants are encouraged to attend training on evaluation methods, such as the National Fire Academy’s “Demonstrating Your Fire Prevention Program’s Worth.” program. We anticipate training 300+ individuals in year one. Training sessions will have no more than 10 people per session, so all participants can try to extinguish a fire. An informal evaluation will be conducted with the instructor asking the participants questions about each person’s prior fire extinguisher use, whether they know the different types of fire extinguishers, and if they know the acronym PASS or (pull, aim, squeeze, sweep). After they are given an opportunity to use the fire extinguisher, we will follow-up with post evaluation questions to assess each attendee's confidence level and re-visit any areas of concern. Since this is a hands-on learning environment, the trainer will be able to observe the knowledge, skills, and abilities gained for each participant. Cost Benefit: Projects will be evaluated and scored by the Peer Review Panelists based on how well the applicant addresses the fire prevention needs of the department or organization in an economic and efficient manner. The applicant should show how it will maximize the level of funding that goes directly into the delivery of the project. The costs associated with the project also must be reasonable for the target audience that will be reached, and a description should be included of how the anticipated project benefit(s) (quantified if possible) outweighs the cost(s) of the requested item(s). The application should provide justification for all costs included in the project in order to assist the Technical Evaluation Panel with their review. The requested funding will fully cover the acquisition of the digital extinguisher system, including all necessary accessories and comprehensive warranty support. Unlike traditional training methods that incur ongoing expenses such as extinguisher recharging, fuel consumption, and permit fees, this digital system offers substantial long-term cost savings and significantly reduces environmental impact. Maintenance will be managed by our training division, with the system projected to serve the community effectively for over 10 years. Also comparing the cost for the digital extinguisher system, the training will provide potential savings for insurance premiums and reduced property damage for 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#27/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 69315 Cost Items Item: Digital Fire Extinguisher Trainers $29,068.48 area business owners and communal gathering spaces such as schools and senior centers as well as life saving measures. Additional Comments: If you have any additional comments about your project, please provide them here. Sustaining this initiative will be supported through annual departmental budgets and integration into our broader public education efforts. This investment will continue to generate value in fire risk reduction and preparedness well beyond the grant period. Description Hands-on Fire Safety Education with a Digital Fire Extinguisher training system Budget class Equipment Year 1 Quantity 2 Unit price $14,534.24 Total $29,068.48 Year 2 Quantity 0 Unit price $0.00 Total $0.00 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#28/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 70316 Item: Portable Power Station $998.00 TOTAL 2 $29,068.48 Description Jackery Explorer 100 v2 Portable Power Station will allow training without trying to find a power source from a building and having extension cords laying across the ground posing a tripping hazard. This will be self-contained next to the fire extinguisher trainer for safety and convenience. Budget class Equipment Year 1 Quantity 2 Unit price $499.00 Total $998.00 Year 2 Quantity 0 Unit price $0.00 Total $0.00 TOTAL 2 $998.00 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#29/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 71317 Training project questions Project: Training Regional training program with BSFD and CVFD Public Fire and Life Safety Educator Course $14,500.00 Please provide the following information about the project you want funded. Project name Regional training program with BSFD and CVFD Public Fire and Life Safety Educator Course Is this a national-level project, with national impact and national dissemination? No Is this project a regional request? A regional request provides a direct regional and/or local benefit beyond your organization. You may apply for a regional request on behalf of your organization and any number of other participating eligible organizations within your region. Yes Please explain how this request benefits other organizations. The Public Fire and Life Safety Educator course provides significant benefits to Big Sky Fire Department, Central Valley Fire Department, and potentially the Montana State University Fire Marshal by standardizing training and enhancing 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#30/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 72318 collaboration. This course equips personnel with up-to-date tools and NFPA-aligned strategies for effective community outreach. It supports consistent public education messaging across agencies, expands program reach into rural and campus communities, and fosters interagency coordination during safety events and emergencies. Participants will also bring back resources and curricula that can be shared within and between departments, promoting efficiency and best practices. For MSU, the training strengthens campus safety efforts and aligns fire prevention messaging with local municipalities. Overall, the course supports a unified, proactive approach to reducing fire risk and increasing community resilience statewide. How many regional partners will directly participate in this project? 2 Please list each participating agency by name along with a point of contact (POC), to include a phone number. All regional participants must be eligible as defined by the Notice of Funding Opportunity. Participating organization name POC first name POC last name Phone number Phone number extension EIN Big Sky Fire Department Christopher Vigness 4069952100 ******** Central Valley Fire Jake Zlomie 4062235582 ******** 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#31/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 73319 Per the Notice of Funding Opportunity, do you have a signed Memorandum of Understanding (MOU) or equivalent document already in place? Yes Please attach your MOU or equivalent document: Who is the target audience for the planned project? Firefighters What is the estimated size of the target audience? 25 How was this target audience determined?None of the above Briefly describe the method used to determine the target audience. The target audience will be members of three different fire departments -Bozeman FD, Central Valley FD, and Big Sky FD and Filename Date uploaded Uploaded by Label Description Action MOU.pdf 07/03/2025 jgrabinski@bozeman.net Memorandum of Understanding MOU for Big Sky Fire Department and Central Valley Fire Department for the Public Fire & Life Safety Educator I & II course 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#32/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 74320 potentially Montana State University (MSU). As the lead agency, BFD will work with Battalion Chiefs and the MSU Fire Marshal to determine who needs the training first in each respective organization. All attendees will receive standard NFPA 1035 level I and level II training. Please provide a brief synopsis of the proposed project and then identify the specific goals and objectives of your project. BFD responded to over 5000 calls in 2024, an increase of nearly three percent from previous years. BFD has one formally trained and certified Public Fire and Life Safety Educator, which limits the department's capacity to deliver standardized, evidence-based educational programming. While our personnel are committed and active in community engagement, the absence of specialized training has created a gap in effectiveness, reach, and consistency of our public education efforts. The goal of project #3 is for Bozeman Fire Department to host an onsite National Fire Protection Association (NFPA) Public Fire and Life Safety Educator Level I and II courses. The program will be delivered by an accredited institution and aligned with NFPA 1035. The objectives in hosting the two courses are to certify twenty-five firefighters for BFD, CVFD, BSFD, and MSU within twelve months; deliver twenty+ public education programs in the first year post-certification and reach 2,500 residents annually. Please explain your experience and ability in developing and conducting (i.e., timely and satisfactory project completion) past fire The BFD fire inspector, Shane Brandhorst will serve as the primary point of contact and coordinator for this planned Public Fire 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#33/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 75321 prevention and safety projects. Additionally, please demonstrate the experience and expertise you have in managing the type of project you are proposing. and Life Safety Educator I and II course, to be conducted in partnership with an accredited external training agency. In this capacity, the fire inspector will be the central liaison for all communication and troubleshooting throughout the planning and delivery phases of the training, collaborate with the external training agency to finalize curriculum, scheduling, and delivery logistics and he will coordinate course planning activities, including securing training venues, managing participant recruitment and registration, and distributing materials. The fire inspector will also engage with internal stakeholders and regional partners to promote the course and encourage broad participation. In partnership with the grant coordinator, the fire inspector will oversee grant-related compliance and budget management, ensuring proper use of FP&S grant funds. Lastly, the fire inspector will collect and report training outcomes and participant feedback to support grant reporting and continuous improvement. Sustainability: Is it your organization's intent to deliver this program after the grant performance period? If so, how will the overall activity be sustained and what are the long-term benefits? Examples of sustainable projects can be illustrated through the long-term benefits derived from the delivery of the project, the presence of non-federal partners likely to continue the effort, or the demonstrated long-term commitment of the applicant. The certification of 25 Public Fire and Life Safety Educators represents a cost-effective investment with significant long-term benefits. These trained educators will serve as force multipliers, equipping peers and community members with critical knowledge to reduce fire-related incidents, injuries, and fatalities. Their continued outreach and programming will require minimal ongoing investment, making this initiative both impactful and 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#34/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 76322 financially sustainable. This project establishes the groundwork for a permanent Community Risk Reduction (CRR) division within the Bozeman Fire Department and neighboring jurisdictions. Sustainability will be ensured through integration into existing departmental operations, local agency partnerships, city budget allocations, and strategic pursuit of future grant funding. This multi-pronged approach guarantees continuity and scalability of the program well beyond the initial grant period. Narrative The narrative statements must provide all the information necessary for you to justify your needs and for FEMA to make an award decision. A panel of peer reviewers will evaluate the applications by using the narrative statements below to determine the worthiness of the request for an award. Please ensure that your narrative clearly addresses each of the following evaluation criteria elements to the best of your ability with detailed but concise information. You may either type your narrative statements in the spaces provided below or create the text in your word processing system and then copy it into the appropriate spaces provided below. Please note the narrative block does not allow for formatting. Do not type your narrative using only capital letters. Additionally, do not include tables, special fonts (i.e., quote marks, bullets, etc.), or graphs. Please review the Notice of Funding Opportunity for additional narrative details. Commitment to Mitigation: Fire Department applicants that can demonstrate their commitment and proactive posture to reducing fire risk will receive higher consideration. Applicants must explain their code adoption and enforcement (to include Wildland Urban Interface and commercial/residential sprinkler code adoption and enforcement) and mitigation strategies (including whether or not the jurisdiction has a FEMA-approved mitigation strategy). Applicants can also demonstrate their commitment to reducing fire risk by applying to implement fire mitigation strategies (code adoption and enforcement) via this application. Bozeman, Montana, is one of the fastest- growing cities in the state, now home to over 57,000 residents. With a two percent population increase annually, the city’s rapid expansion places increasing pressure on emergency services, particularly fire prevention and public education. The Bozeman Fire Department (BFD) currently responds to more than 5,000 calls each year, many of which could be mitigated through proactive, community-based education. At present, BFD has only one formally trained and certified Public Fire and Life Safety Educator. While our personnel are dedicated to outreach, the lack of standardized training limits the 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#35/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 77323 consistency and effectiveness of our programs. To address this gap, BFD proposes to host an on-site NFPA Public Fire and Life Safety Educator Level I and II course, certified through an accredited provider and aligned with NFPA 1035. This initiative will train and certify 25 educators from BFD and partner agencies including Big Sky Fire Department, Central Valley Fire District, and the Montana State University Fire Marshal’s Office. These individuals will be equipped to deliver high-impact, culturally appropriate fire and life safety education throughout Bozeman and surrounding jurisdictions. As Bozeman becomes more diverse—with growing populations of retirees, college students, and non-English-speaking residents—our outreach must evolve. This course includes instruction in adult education techniques, culturally responsive communication, and ESOL strategies to ensure our messaging reaches all community members effectively. The program directly supports BFD’s Smoke Alarm Installation Program and Fire Extinguisher Initiative, expanding their reach through certified personnel who will lead workshops, conduct home safety visits, and host public events. These educators will become force multipliers, increasing both the frequency and quality of our public education efforts. Vulnerability Statement: The assessment of fire risk is essential in the development of an effective project The main vulnerability that project #3 addresses is a deficiency in certified fire and life safety educators in the Bozeman Fire Department and other regional Fire 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#36/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 78324 goal, as well as meeting FEMA’s goal to reduce risk by conducting a risk assessment as a basis for action. Vulnerability is a “weak link,” demonstrating high-risk behavior, living conditions, or any type of high-risk situation. The Vulnerability Statement should include a description of the steps taken to determine the vulnerability and identify the target audience. The methodology for determination of vulnerability (i.e., how the vulnerability was found) should be discussed in-depth in the application’s Narrative Statement. The specific vulnerability that will be addressed with the proposed project can be established through a formal or informal risk assessment. FEMA encourages the use of local statistics, rather than national statistics, when discussing the vulnerability. In a clear, to-the-point statement, the applicant should summarize the vulnerability the project will address, including who is at risk, what the risks are, where the risks are, and how the risks can be prevented, reduced, or mitigated. For the purpose of this application, formal risk assessments consist of the use of software programs or recognized expert analysis that assess risk trends. Informal risk assessments could include an in-house review of available data (e.g., National Fire Incident Reporting System [NFIRS]) to determine fire loss, burn injuries or loss of life over a period Departments. Without a sufficient number of public educators, the community, local and regional, is at risk of not having adequate fire and life safety educational opportunities to understand the inherent dangers of fire. Furthermore, without public educators, the community may have limited capacity to know appropriate fire mitigation measures to take. This specific project directly correlates to the smoke alarm installation program and the fire extinguisher initiative. As the community of Bozeman grows and diversifies, the risk of a fire related emergency increases. The population increase includes retirees, college-aged residents, and non-white, ESOL residents. In training our firefighters to extend training and education opportunities to the Bozeman community at large, it will increase awareness of fire related incidences and reduce the risk of fire related emergencies. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#37/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 79325 of time, and the factors that are the cause and origin for each occurrence, including a lack of adoption or enforcement of certain codes. Project Description: Applicants must describe in detail not only the project components but also how the proposed project addresses the identified capability gap, due to financial need and/or the vulnerabilities identified in the vulnerability statement. The following information should be included: Project Components Review of any existing programs or models that have been successful. Detailed description of how the proposed project components fill the identified capability gap If working with Fire Service Partners/Organizations, identify each partner/organization and the role(s) they will fill in the successful completion of the proposed project. The proposed project involves the development and delivery of a Public Fire and Life Safety Educator Course, a collaborative initiative between the Big Sky Fire Department, Central Valley Fire District, and potentially the Montana State University Fire Marshal’s Office. This course will equip local firefighters and fire prevention personnel with the specialized skills and educational tools needed to deliver effective fire safety education to Bozeman’s increasingly diverse and growing population. As Bozeman experiences significant population growth—including an influx of retirees, college-aged students, and non-English speaking residents—the risk of fire-related emergencies is rising. These demographic shifts present new challenges in communication, accessibility, and engagement with fire safety programs. This training course directly supports and enhances two cornerstone fire prevention programs: the Smoke Alarm Installation Program and the Fire Extinguisher Initiative. Participants in the course will be trained not only in life-saving fire prevention techniques but also in culturally responsive communication strategies, adult education best practices, and ESOL outreach methods. Upon completion of the course, fire department personnel will be 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#38/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 80326 empowered to serve as public educators, capable of providing fire safety education tailored to the unique needs of various community groups. These trained educators will lead outreach events, community workshops, and one-on-one in-home safety visits to ensure that vulnerable populations understand how to prevent, detect, and respond to fire-related hazards. By enhancing the capacity of local fire departments to deliver high-quality, inclusive fire safety education, this project will increase awareness of fire risks, encourage proper use of smoke alarms and fire extinguishers, and ultimately reduce the incidence and severity of fire-related emergencies in Bozeman and surrounding areas. Implementation Plan: Each project proposal should include details on the implementation plan which discusses the proposed project’s goals and objectives. The following information should be included to support the implementation plan: Goals and objectives Details regarding the methods and specific steps that will be used to achieve the goals and objectives Timelines outlining the chronological project steps (this is critical for determining the likeliness of the project’s completion within the period of performance) Where applicable, examples of marketing efforts to promote the project, The goal of project #3 is to enhance Bozeman and regional Fire Departments knowledge, skills, and abilities through professional-level public education. BFD as the lead agency will facilitate the training for all parties involved with an accredited educational provider. As such, there is no request for props for this project and human subject research activities are not planned for this project. The objectives of the two NFPA 1035 courses will certify 25 Fire and Life Safety Educators at NFPA Levels I and II within 12 months. Upon completion of the courses, the educators will deliver at least 20 educational programs within the first- year post-certification and reach a minimum of 2500+ community members with life safety messages annually. During phase 1 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#39/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 81327 who will deliver the project (e.g., effective partnerships), and the manner in which materials or deliverables will be distributed Requests for props (i.e., tools used in educational or awareness demonstrations), including specific goals, measurable results, and details on the frequency for which the prop will be utilized as part of the implementation plan. Applicants should include information describing the efforts that will be used to reach the high-risk audience and/or the number of people reached through the proposed project (examples of props include safety trailers, puppets, or costumes) Where human subjects are involved, describe plans for submission to the Institutional Review Board (IRB) (for further guidance and requirements, see the Human Subjects Research section of the NOFO) NOTE: For applicants proposing a complex project that may require a 24- month Period of Performance, please include significant justification and details in the implementation plan that justify the applicant’s need for a Period of Performance of more than 12 months. (Months 1–4), the fire inspector and battalion chiefs will Identify staff members, who will then enroll in the courses. During phase 2 (Month 5), the fire personnel will attend and complete NFPA Level I and II training. During phase 3 (Months 7–12), each fire department will develop and administer educational materials and programs across Bozeman and mutual aid jurisdictions. And lastly during phase 4 (Ongoing), each fire department/entity will evaluate program impact and integrate life safety education into department-wide strategies. BFD leadership will evaluate the impact and integrate it into a long-term CRR strategy. Evaluation Plan: Projects should include a plan for evaluation of effectiveness and identify measurable goals. Applicants seeking to carry out awareness and educational projects, for example, should identify how they intend to The effectiveness of the training and NFPA 1035 I and II course certifications will be evaluated using pre- and post-program surveys to assess increased knowledge. After the training and once the fire 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#40/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 82328 determine that there has been an increase in knowledge about fire hazards, or measure a change in the safety behaviors of the audience. Applicants should demonstrate how they will measure risk at the outset of the project in comparison to how much the risk decreased after the project is finished. There are various ways to measure the knowledge gained about fire hazards, including the use of surveys, pre- and post-tests, or documented observations. Applicants are encouraged to attend training on evaluation methods, such as the National Fire Academy’s “Demonstrating Your Fire Prevention Program’s Worth.” personnel begin community outreach, we will track attendance and engagement across outreach events to evaluate outreach satisfaction. Also, the educators will analyze incident data to compare baseline fire and injury reports before and after implementation of the public education outreach efforts. Cost Benefit: Projects will be evaluated and scored by the Peer Review Panelists based on how well the applicant addresses the fire prevention needs of the department or organization in an economic and efficient manner. The applicant should show how it will maximize the level of funding that goes directly into the delivery of the project. The costs associated with the project also must be reasonable for the target audience that will be reached, and a description should be included of how the anticipated project benefit(s) (quantified if possible) outweighs the cost(s) of the requested item(s). The application should provide justification for all costs included in the project in order to assist the Technical Evaluation Panel with their review. The current estimate received for these two trainings is $14,500 for 25 attendees which is a $580 direct expense per person. On average, conference cost attendance for professional development trainings ranges anywhere from $500 to $3,200 depending on the length and type of training. Additionally, the BFD expense for coordination, facilitation, and assessment of this project is approximately $2,800 in time and effort. Likewise, the fire personnel will be paid for their regular salaries and benefits for attending the training. Estimating the average net expense for 25 fire personnel to attend a two-day training for 8 hours per day, a conservative estimate is approximately $22,000 -$25,000. Therefore, the potential cost of this training is approximately $42k-$45k. Compared to the benefit of certifying 25 Public Fire and Life Safety Educators is minimal considering that each educator will re-invest at least 16 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#41/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 83329 Cost Items Item: Public Fire and Life Safety Educator Course $14,500.00 hours spent on training to educate community members. Moreover, even if only one training mitigates a house fire, the average fire damage restoration cost is approximately $28,000 which does not include any fire injury related expenses. And once trained, the educators will serve as a multiplier, training peers and maintaining programming without further major investment. This initiative lays the foundation for a permanent community risk reduction division within BFD and the neighboring jurisdictions, so the overall return on investment for this project exponentially exceeds the cost of the project. Additional Comments: If you have any additional comments about your project, please provide them here. The Bozeman Fire Department is committed to proactive fire prevention and life safety education as part of a comprehensive community risk reduction strategy. With FEMA's support, this project will provide Bozeman and the regional area with qualified public educators who can transform community engagement approaches and improve safety outcomes for years to come. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#42/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 84330 Description This course will be delivered by an accredited institution and aligned with NFPA 1035 (Standard on Fire and Life Safety Educator, Public Information Officer, Youth Firesetter Intervention Specialist, and Youth Firesetter Program Manager Professional Qualifications. Budget class Contractual Year 1 Quantity 1 Unit price $14,500.00 Total $14,500.00 Year 2 Quantity 0 Unit price $0.00 Total $0.00 TOTAL 1 $14,500.00 Grant request summary The table or tables below summarize the number of items and total cost within each FP&S activity category you have requested funding for. This table or tables will update as you change the items within your grant request details. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#43/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 85331 Fire prevention and safety Is your proposed project limited to one or more of the following activities : Planning and development of policies or processes. Management, administrative, or personnel actions. Classroom-based training. Acquisition of mobile and portable equipment (not involving installation) on or in a building. Yes Activity – Project Number of items Total cost Community Risk Reduction-Smoke Alarm Installations (door to door with home safety inspection) Bozeman Fire Department - Smoke Alarm Installation and Fire Safety Education Program 1 $21,206.25 Community Risk Reduction-General Prevention/Awareness Digital Fire Extinguisher Training Initiative 2 $30,066.48 Community Risk Reduction-Training Regional training program with BSFD and CVFD Public Fire and Life Safety Educator Course 1 $14,500.00 Total 4 $65,772.73 Budget summary Budget summary 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#44/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 86332 Object class categories Year 1 Year 2 Total Personnel $0.00 $0.00 $0.00 Fringe benefits $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 Equipment $30,066.48 $0.00 $30,066.48 Supplies $21,206.25 $0.00 $21,206.25 Contractual $14,500.00 $0.00 $14,500.00 Construction $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 Total direct charges $65,772.73 $0.00 $65,772.73 Indirect charges $0.00 $0.00 $0.00 TOTAL $65,772.73 $0.00 $65,772.73 Program income $0.00 Non-federal resources Applicant $3,132.03 State $0.00 Local $ Other sources $0.00 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#45/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 87333 Object class categories Year 1 Year 2 Total Remarks There will be other local match contributions, but we will not report this match. Total Federal and Non-federal resources Federal resources $62,640.70 $0.00 $62,640.70 Non-federal resources $3,132.03 $0.00 $3,132.03 TOTAL $65,772.73 $0.00 $65,772.73 Contact information Did any individual or organization assist with the development, preparation, or review of the application to include drafting or writing the narrative and budget, whether that person, entity, or agent is compensated or not and whether the assistance took place prior to submitting the application? No Secondary point of contact Please provide a secondary point of contact for this grant. The Authorized Organization Representative (AOR) who submits the application will be identified as the primary point of contact for the grant. Please provide one secondary point of contact for this grant below. The secondary contact can be members of the fire department or organizations applying for the grant that will see the grant through completion, are familiar with the grant application, and have the authority to make decisions on and to act upon this grant application. The secondary point of contact can also be an individual who assisted with the development, preparation, or review of the application. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#46/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 88334 Shane Brandhorst Fire Inspector sbrandhorst@bozeman.net Primary phone 4065993553 Work Additional phones 4065822364 Work Fax Assurance and certifications SF-424B: Assurances - Non-Construction Programs OMB Number: 4040-0007 Expiration Date: 02/28/2025 Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel OMB number: 4040-0007, Expiration date: 02/28/2025 View burden statement 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#47/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 89335 Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd- 3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), regarding labor standards for federally- assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#48/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 90336 (16 U.S.C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. Certifications regarding lobbying OMB Number: 4040-0013 Expiration Date: 02/28/2025 Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#49/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 91337 If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SF-LLL: Disclosure of Lobbying Activities OMB Number: 4040-0013 Expiration Date: 02/28/2025 Complete only if the applicant is required to do so by 44 C.F.R. part 18. Generally disclosure is required when applying for a grant of more than $100,000 and if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Further, the recipient shall file a disclosure form at the end of each calendar quarter in which there occurs any event described in 44 C.F.R. § 18.110(c) that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the applicant. The applicant is not currently required to submit the SF-LLL. Notice of funding opportunity I certify that the applicant organization has consulted the appropriate Notice of Funding Opportunity and that all requested activities are programmatically allowable, technically feasible, and can be completed within the award's Period of Performance (POP). Accuracy of application I certify that I represent the organization applying for this grant and have reviewed and confirmed the accuracy of all application information submitted. Regardless of intent, the submission of information that is false or misleading may result in actions by FEMA that include, but are not OMB number: 4040-0013, Expiration date: 02/28/2025 View burden statement 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#50/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 92338 limited to: the submitted application not being considered for award, enforcement actions taken against an existing award pending investigation or review, or referral to the DHS Office of Inspector General. Authorized Organizational Representative for the grant By signing this application, I certify that I understand that inputting my password below signifies that I am the identified Authorized Organization Representative for this grant. Further, I understand that this electronic signature shall bind the organization as if the application were physically signed and filed. Authorization to submit application on behalf of applicant organization By signing this application, I certify that I am either an employee or official of the applicant organization and am authorized to submit this application on behalf of my organization; or, if I am not an employee or official of the applicant organization, I certify that the applicant organization is aware I am submitting this application on its behalf, that I have written authorization from the applicant organization to submit this application on their behalf, and that I have provided contact information for an employee or official of the applicant organization in addition to my contact information. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#51/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 93339 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding Between the City of Bozeman, Gallatin Valley Land Trust, and Southwest Montana Mountain Bike Association and a License Agreement for Use of City Property with Gallatin Valley Land Trust for the Bikefill Park Project MEETING DATE:July 22, 2025 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign Memorandum of Understanding Between the City of Bozeman, Gallatin Valley Land Trust, and Southwest Montana Mountain Bike Association and a License Agreement for Use of City Property with Gallatin Valley Land Trust for the Bikefill Park Project STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:The MOU formalizes a partnership between the City of Bozeman and community partners led by Gallatin Valley Land Trust (GVLT) to utilize and develop approximately 66 acres at the Bozeman Landfill property between the closed Story Mill landfill and the Snowfill dog park as a city owned and operated special use park for bikes. The MOU describes project management, funding, public engagement, procurement, and other project coordination details. Southwest Montana Mountain Bike Association (SWMMBA) is a third signatory to the MOU and will contribute to the public outreach and design feedback. A separate agreement with SWMMBA will clarify maintenance responsibilities between the City and SWMMBA upon completion of the park. The overall project is divided into three main components: creation of the bike park, development of supportive civil infrastructure, and improvements to McIlhattan Road. The MOU grants GVLT authority to lead design on all three components with GVLT managing construction of the bike park and the City managing construction of the supporting civil infrastructure and McIlhattan Road. The majority of the costs related to the bike park component will be funded through a campaign lead by GVLT which will take place beginning later this summer. The funding for the construction of McIlhattan Road is funded by 94 the City's arterial and collector district. The Adopted FY26-30 Capital Improvement Plan includes $1,500,000 for Bikefill Access Improvements on McIlhattan Road (FY27), $80,000 in the Parks and Trails District budget for planning and design contracts for the Bike Park including public engagement (FY26), and $250,000 in FY27 and $250,000 FY28 (both in Parks and Trails budget) intended to be the City's match for a federal grant through the Land and Water Conservation Fund (LWCF) Program. Provisions in the MOU ensure the City must budget in each fiscal year for the City's share of the project. The location of the Bikefill Park has never been used by the City for a solid waste landfill. The License Agreement for Use of City Property with GVLT gives authorization to GVLT to conduct work at the site as called for in the MOU. At this time, the License Agreement included in the packet will need to be adjusted by the City Attorney to ensure the License Agreement is compatible with the MOU. By approving this consent item, the City Manager will not sign the License Agreement until approved by the City Attorney. The conceptual design includes a new access off McIlhattan to avoid conflicts with the operations of the Convenience Site. UNRESOLVED ISSUES: The MOU includes a process to engage the community to develop a master plan for the Bikefill Park Project. After the public engagement process, the master plan will be presented to the City Commission for approval. Site specific development plans in compliance with the adopted master plan will be developed and reviewed prior to construction. ALTERNATIVES:Per Commission FISCAL EFFECTS:The Adopted FY26-30 Capital Improvement Plan includes $1,500,000 for Bikefill Access Improvements on McIlhattan Road (FY27), $80,000 in the Parks and Trails District budget for planning and design contracts for the Bike Park including public engagement (FY26), and $250,000 in FY27 and $250,000 FY28 (both in Parks and Trails budget) intended to be the City's match for a federal grant through the Land and Water Conservation Fund (LWCF) Program. Attachments: Bikefill-MOU.pdf Bikefill-License-Agreement.docx Report compiled on: July 10, 2025 95 Memorandum of Understanding for the Bikefill Park Project Page 1 of 18 Memorandum of Understanding Between the City of Bozeman, Gallatin Valley Land Trust and Southwest Montana Mountain Bike Association for the Bikefill Park Project This Memorandum of Understanding (the “MOU”) is entered into by and between the Gallatin Valley Land Trust (“GVLT”), a Montana non-profit public benefit corporation with a mailing address of 212 S. Wallace St., Suite 101, Bozeman, MT 59715, the Southwest Montana Mountain Bike Association (“SWMMBA”), a nonprofit organization with a mailing address of P.O. Box 1855, Bozeman MT 59771, and the City of Bozeman (“City”), a municipal corporation organized and existing under its Charter and the laws of the State of Montana, with a mailing address of 121 N. Rouse Ave., P.O. Box 1230, Bozeman, MT 59715, (collectively referred to as the “Parties”). This MOU sets forth the mutual understanding of the Parties with respect to the funding, design, construction and management of a bike park to be constructed on City property described and shown on Exhibit A and related improvements to a portion of McIlhattan Road (collectively referred to herein as the “Bikefill Park Project”). RECITALS WHEREAS, GVLT is a nonprofit organization based in Bozeman, Montana, with a mission to connect people, communities, and open lands through conservation of working farms and ranches, healthy rivers, and wildlife habitat, and the creation of trails in the Montana headwaters of the Missouri and Upper Yellowstone Rivers; and WHEREAS, SWMMBA is a nonprofit organization doing work in Southwest Montana to enhance access to trails and advocate for mountain bicyclists by engaging and educating the community, and building and maintaining trails; and WHEREAS, The City owns certain real property located in the City of Bozeman, Gallatin County, Montana, consisting of approximately 66 acres which will be used for the Bikefill Park Project as shown on Exhibit B attached hereto and by this reference incorporated herein (the “City Property”); and WHEREAS, The City recently adopted the 2023 Bozeman Parks, Recreation, and Active Transportation Plan (“PRAT Plan”), highlighting the need to create additional trails for walking and biking, and more specifically safe and equitable access to trails, trail connectivity, nature immersion, special use facilities, etiquette, and inclusion; and WHEREAS, The City, GVLT and SWMMBA wish to establish a working relationship for the purpose of designing and building a bicycle special use recreational area, a park typology defined in the Bozeman Parks Department PRAT Plan and referred to as the Bikefill Park; and 96 Memorandum of Understanding for the Bikefill Park Project Page 2 of 18 WHEREAS, McIlhattan Road, a City collector, which provides access to the City Property, is in need of improvements to enhance road safety and access to the City Property; and WHEREAS, The City Property is an appropriate site for a bicycle special use recreational area because it allows for late season accessibility, sees early snow melt, and will provide access to bicycle recreation when surrounding areas are inaccessible due to weather and snow; and WHEREAS, the Parties intend to complete the Bikefill Park Project through a collaborative private-public collaboration; and WHEREAS, the purpose of this MOU is to describe and formalize the goals, guidelines, rights and obligations of the Parties in creating the Bikefill Park Project, and to guide the Parties in their collaborative efforts to successfully complete the Bikefill Park Project. NOW, THEREFORE, to define the goals, rights and duties of the Parties in designing and building the Bikefill Park Project, GVLT, SWMMBA, and the City agree as follows: AGREEMENT 1. General Description of the Bikefill Park Project. The Bikefill Park Project goals include: (i) design and build a public bike park on City Property; (ii) provide new bicycle specific trails and terrain for people of all ages and abilities; (iii) create single track and natural surface trails which will serve growing community demand, including excellent opportunity for riding close to town and during the shoulder seasons when other areas are too wet or snowy for riding, (iv) provide opportunities for winter fat bike use; (v) reduce user conflicts; and (vi) provide improvements to a portion of McIlhattan Road, the primary access to the City Property. Subject to recommendations of the Master Planning public engagement process, the Parties intend to design, finance, and construct the following: a. Single track directional trails of varying difficulties to appeal to a variety of users and skillsets, including obstacles and challenging features, and built for exclusive bicycle use; b. A pump track; c. A “freestyle” jumps area for advanced riders; d. A “hub” to serve as a gathering place and central area for the trails to converge; e. A parking lot, sheltered area with picnic tables, benches, restrooms, signage and fencing; and, f. Improvements to a portion of McIlhattan Road and a foot and bike path along that portion. 97 Memorandum of Understanding for the Bikefill Park Project Page 3 of 18 The proposed locations of these features are represented on the Conceptual Bikefill Park Project Plan, attached hereto and incorporated herein as Exhibit B, and the Conceptual Trail Infrastructure Plan, attached hereto and incorporated herein as Exhibit C. The Parties understand and agree that as the Bikefill Park Project Master Plan has not yet been approved by the City, and there currently exists limited funding for aspects of the Bikefill Park Project, there is no guarantee that all features depicted on Exhibits B and C will be constructed. The Bikefill Park Project is composed of three components: the Bike Park, the McIlhattan Road Improvements, and the Civil Construction Elements. These are described in more detail in Sections 4—6 of this MOU. 2. Project Management. The Parties intend to collaborate as follows for the Bikefill Park Project. The Parties intend that GVLT will contract with a third-party professional design companies to provide the design and engineering for the Bikefill Park Project, including the development of the Bikefill Park Project Master Plan. The Bikefill Park Project Master Plan (the “Master Plan”) is described in more detail at Section 3 of this MOU. The Parties intend that GVLT will manage the construction of the Bike Park via a third- party contract with a contractor or firm for construction management, and that the City will manage the construction of the McIlhattan Road Improvements and the Civil Construction Elements. When GVLT contracts with third-parties for the Master Plan and for design and construction of the Bike Park, GVLT shall ensure that such contract(s), and any subcontract(s), require the contractor(s) and subcontractor(s) to indemnify the City and maintain insurance sufficient to satisfy this indemnification obligation naming the City as an additional insured. When the City contracts with third-parties for the construction of the McIlhattan Road Improvements and the Civil Construction Elements, the City shall ensure that such contract(s), and any subcontract(s), require the contractor(s) and subcontractor(s) to indemnify GVLT and maintain insurance sufficient to satisfy this indemnification obligation naming GVLT as an additional insured. In selecting a third-party firm for planning, design, construction, or construction management, the Parties must follow applicable City and State procurement requirements 98 Memorandum of Understanding for the Bikefill Park Project Page 4 of 18 if the contract with the third-party firm is to be funded in part or whole with City money. The following conditions apply to any contract entered into by GVLT pursuant to this MOU which is funded in whole or part by City money: a. A third-party firm must be selected through a competitive process. GVLT will notice the solicitation. GVLT is required to follow the City’s procurement policies and Montana law. The City shall work with GVLT to identify and provide all such policies to GVLT and assist GVLT in complying therewith. b. The City agrees to review the solicitation before it is issued and participate in the selection committee tasked with reviewing the bid proposals and selecting the firm. c. GVLT will contract directly with the selected third-party firm. GVLT will provide the City the draft contract with the third-party firm for City comment and input prior to execution d. As applicable, the contract must require that the selected third-party firm: i. Comply with all applicable state and local laws, and City policies for procurement, including bidding, nondiscrimination, and state of Montana prevailing wages requirements. The City shall work with and assist GVLT in ensuring compliance. ii. Deliver a final product in accordance with City requirements, in a form appropriate for approval by the City. iii. Create detailed engineering documents for review and approval in accordance with City requirements including review and approval of the site plan by the City Commission and any applicable City review committee. The City shall work with GVLT in ensuring compliance. iv. Obtain all required construction permits. v. Ensure the firm’s contracts with subcontractors comply with applicable state laws and City purchasing requirements, including bidding, nondiscrimination, and prevailing wage requirements. The City shall work with GVLT in ensuring compliance. vi. Indemnify the City and maintain insurance sufficient to satisfy its indemnification obligations naming the City as an additional insured. vii. Ensure the firm’s contracts with subcontractors contain indemnification provisions in favor of the City and that subcontractors maintain insurance sufficient to satisfy their indemnification obligations naming the City as additional insured. 99 Memorandum of Understanding for the Bikefill Park Project Page 5 of 18 e. In addition to the requirements in Section 2(d), any contract entered into between GVLT and a third-party firm for construction management or general contracting purposes must include the following: i. The City will be included in the evaluation of bids and submittals for conformance to approved site plans and City requirements. ii. The City will be included in review and approval of all contract change orders. iii. GVLT and the construction manager or general contractor will conduct on-site construction inspections on a regular schedule to ensure work is being done in a timely manner consistent with the applicable contract, and will participate in regular progress meetings with the City and generally keep the City informed on the progress of all such work. iv. If GVLT or any of its contractors discovers any environmental contamination during the project, all work will stop within the affected area, GVLT shall notify the City’s representative, and such work shall not resume until the City and GVLT agree upon a mutually satisfactory resolution. GVLT shall have no obligation to remediate any such environmental contamination. If upon inspection, the environmental contamination is found to be extensive, GVLT will cease all activities related to the Bikefill Park Project and the City may terminate this MOU and License Agreement should remediation be necessary. f. These requirements apply for any contract where City money is allocated to fund the contract, either in part or in full. Those components where City money is not allocated to fund the contract, such as the design and engineering of McIlhattan Road, are not required to comply with City and State procurement policies. 3. Project Planning. GVLT and the City will collaborate to complete a City of Bozeman Community Engagement Plan, which establishes a formal adoption process and timeline for the Master Plan, and an outline of the Parties’ responsibilities for public outreach. GVLT will issue a solicitation for design services from a professional design firm to refine the Conceptual Bikefill Park Project Plan for the purpose of developing the Bikefill Park Master Plan (the “Master Plan”) and will contract with the selected firm. The Master Plan will provide an overview of the City Property, the goals of the Bikefill Park Project and intended community use of the Bike Park, including a description of the public process by which the goals were developed, and may also include future plans beyond the initial scope of the Bikefill Park Project. The Master Plan will be used in the public approval process for the Bikefill Park Project. 100 Memorandum of Understanding for the Bikefill Park Project Page 6 of 18 GVLT will work with the City to coordinate all public meeting requirements in accordance with state open meeting laws to obtain the City’s review and approval of the Master Plan. City staff will present the Master Plan to the City Commission for approval. Once approved, the Master Plan will be incorporated into this MOU as an addendum as Exhibit E. The Master Plan will guide development of the Bikefill Park Project and will be used to develop the Bikefill Project Site Plan (the “Site Plan”), a more detailed planning document showing the features to be constructed and their location which will be used for the City’s Site Plan Application Process. The Parties recognize the Master Plan may require adjustment due to cost and budget, in which case the Parties will work cooperatively to make such adjustments consistent with the goals of the Bikefill Park Project set forth in Section 1 of this MOU. The Parties’ representatives must agree in writing to the features which will be constructed. Any features shown on the Master Plan not constructed may be constructed in the future by written addendum this this MOU. Project Planning Financing. The Parties have developed a preliminary budget, attached to this MOU as Exhibit D, and referred to as the “Conceptual Budget.” The Conceptual Budget anticipates a total of $300,000 to be allocated to the design, engineering, and public outreach for the Bikefill Park Project. GVLT, through private donation, will allocate $220,000 to design and engineering and the City will allocate $80,000, out of the FY26 Parks and Recreation Department budget for the development of the Master Plan and community engagement process for the Master Plan. 4. Bike Park. The Bike Park means the design, engineering and construction of bike- specific infrastructure including: (1) single track directional trails of varying difficulties to appeal to a variety of users and skillsets, including obstacles and challenging features, built for exclusive bicycle use; (2) a pump track; (3) a “freestyle” jumps area for more advanced riders; (4) a beginner zone; (5) intermediate and advanced “flow” trail zones; (6) an access trail; and (7) a cross-country/cyclocross trail zone, among other features. The responsibilities of each Party for the Bike Park are as follows: a. GVLT will manage design, engineering, and construction of the Bike Park. GVLT’s responsibilities include: i. Contracting with a professional engineering or design firm for the design and engineering of the Bike Park. 101 Memorandum of Understanding for the Bikefill Park Project Page 7 of 18 ii. Contracting with a professional engineering or design firm for construction management, or contracting with a construction firm to act as general contractor for the Bike Park, pursuant to the Master Plan. iii. Ensuring the construction contract meets the requirements of Section 2 of this MOU. iv. GVLT’s responsibilities for the Bike Park will conclude upon acceptance of the Bike Park by the City. b. The City will be responsible for long-term maintenance of the bike park infrastructure. The City and SWMMBA intend to enter into a subsequent agreement detailing the maintenance responsibilities for the bike park infrastructure. c. Bike Park Financing: The Conceptual Budget anticipates that GVLT and the City will fund the Bike Park, using a combination of City funds, private donations, foundation grants, open lands OEP grants, and recreational trails program funds as a source of financing. Should GVLT fail to raise sufficient funds for its contribution the Bike Park, GVLT and the City will jointly evaluate the cost of construction of the Bike Park for the purpose of identifying value engineering and/or other reasonable methods for reducing construction costs, all in keeping with the goals of the Bikefill Park Project set forth in Section 1 of this MOU. The Parties recognize City contributions to the Bike Park require budget approval from the City Commission. Should the City Commission fail to budget for the City’s Bike Park contributions, GVLT and the City will jointly evaluate the cost of construction of the Bike Park for the purpose of identifying value engineering and/or other reasonable methods for reducing construction costs, all in keeping with the goals of the Bikefill Park Project set forth in Section 1 of this MOU. GVLT must raise these funds prior to the City allocating funds to the design and construction of the Civil Construction components. Should GVLT fail to raise the amount required for the Bike Park, the City and GVLT will negotiate in good faith to resolve any funding shortfalls. GVLT recognizes that should the parties be unable to resolve funding shortfalls, the City is under no obligation to allocate funds from the Parks Department Budget towards the Civil Construction Components. 5. McIlhattan Road Improvements. The McIlhattan Road Improvements component means the improvements to the segment of McIlhattan Road extending from the boundary of Phase Three of the Bridger Creek Subdivision to the southern boundary of 102 Memorandum of Understanding for the Bikefill Park Project Page 8 of 18 the Snowfill Recreation Area. This segment is depicted on Exhibit B. The Parties agree to the following responsibilities regarding the McIlhattan Road Improvements: a. GVLT will contract with a professional engineering or design firm for the design and engineering of the McIlhattan Road Improvements, with the final deliverable to the City Department of Transportation and Engineering of a set of construction- ready documents. This contract will be assignable to the City. b. Following delivery of the construction-ready documents, the City will assume project management of the McIlhattan Road Improvements and shall be responsible for all construction and maintenance of the McIlhattan Road Improvements. GVLT shall have no responsibility to construct, maintain, or otherwise contribute to the construction and maintenance of the McIlhattan Road Improvements. GVLT shall assign the contract with the professional engineering and design firm to the City following delivery of the construction-ready documents. Subject to City Commission budget authorization, the City shall be responsible for all construction and maintenance of McIlhattan Road, including any price adjustments. c. Prior to the assignment of the contract to the City, the contract between GVLT and the third-party firm must contain provisions that require: i. The third-party firm agrees to GVLT’s assignment of the contract to the City; ii. All warranties are passed from GVLT to the City; iii. The third-party firm must agree to indemnify the City and maintain insurance sufficient to satisfy its indemnification obligations naming the City as an additional insured; iv. After assignment of the contract to the City, the third-party firm must agree to continue to indemnify GVLT. Nothing herein restricts GVLT from entering into a contract with the third-party firm that requires the third-party firm to continue its indemnity and insurance obligations to GVLT after assignment of the contract to the City. d. Financing McIlhattan Road Improvements: The Conceptual Budget allocates approximately $1,500,000 to the McIlhattan Road Improvements. The City will budget to fund the entirety of the construction of the McIlhattan Road Improvements out of the City Transportation Department FY27 budget. The Parties recognize City contributions to the McIlhattan Road Improvements require 103 Memorandum of Understanding for the Bikefill Park Project Page 9 of 18 budget approval from the City Commission. Should the City Commission fail to budget for City contributions, GVLT and the City will jointly evaluate the cost of construction of the McIlhattan Road Improvements for the purpose of identifying value engineering and/or other reasonable methods for reducing construction costs, all in keeping with the goals of the Bikefill Park Project set forth in Section 1 of this MOU 6. Civil Construction Elements. The Civil Construction Elements mean the construction and installation of a gravel path alongside McIlhattan Road, street entrance, parking lot, vault toilet facilities, a maintenance shed, well and pump infrastructure for maintenance, landscaping, bike wash stations with non-potable water, and infrastructure to connect to the adjacent Snowfill Recreation Area. The Parties agree to the following responsibilities regarding the Civil Construction Elements: a. GVLT will contract with a professional engineering or design firm for the Civil Construction Elements with a deliverable to the City Parks and Recreation Department of a set of construction-ready documents. This contract will be assignable to the City. b. Following delivery of the construction-ready documents, the City will assume project management of the Civil Construction Elements and shall be responsible for all construction and maintenance of the Civil Construction Elements. GVLT shall have no obligation to construct, maintain, or otherwise contribute to the construction and maintenance of the Civil Construction Elements. GVLT shall assign the contract with the professional engineering and design firm to the City following delivery of the construction-ready documents. The City shall be responsible for all construction and maintenance of the Civil Construction Elements, including any price adjustments. c. Prior to the assignment of the contract to the City, the contract between GVLT and the third-party firm must contain provisions that require: i. The third-party firm agrees to GVLT’s assignment of the contract to the City; ii. All warranties are passed from GVLT to the City; iii. The third-party firm must agree to indemnify the City and maintain insurance sufficient to satisfy its indemnification obligations naming the City as an additional insured; iv. After assignment of the contract to the City, the third-party firm must agree to continue to indemnify GVLT. 104 Memorandum of Understanding for the Bikefill Park Project Page 10 of 18 Nothing herein restricts GVLT from entering into a contract with the third-party firm that requires the third-party firm to continue its indemnity and insurance obligations to GVLT after assignment of the contract to the City. d. Civil Construction Elements Financing: The Conceptual Budget anticipates approximately $1,183,484 allocated to the Civil Construction Elements component. i. The City anticipates contributing $500,000 out of the Parks Department budget for the Civil Construction Elements, comprised of Capital Improvement Plan allocations of $250,000 in FY27 and $250,000 in FY28. The Parties recognize City contributions to the Civil Construction Elements require budget approval from the City Commission. Should the City Commission not budget for City contributions, GVLT and the City will jointly evaluate the cost of construction of the Civil Construction Elements for the purpose of identifying value engineering and/or other reasonable methods for reducing construction costs, all in keeping with the goals of the Bikefill Park Project set forth in Section 1 of this MOU. ii. GVLT will contribute $184,000 for the Civil Construction Elements. iii. The City and GVLT will apply for grant funding for the remaining required funding. The City’s ability to fund construction of the Civil Construction Elements is reliant upon receipt of grant funding. Should the City fail to receive grant funding, GVLT and the City will jointly evaluate the cost of construction of the Civil Construction Elements for the purpose of identifying value engineering and/or other reasonable methods for reducing construction costs, all in keeping with the goals of the Bikefill Park Project set forth in Section 1 of this MOU. Should GVLT fail to raise the amount required for the Civil Construction Elements, the City and GVLT will negotiate in good faith to resolve any funding shortfalls. GVLT recognizes that should the parties be unable to resolve funding shortfalls, the City is under no obligation to allocate funds from the Parks Department Budget towards the Civil Components. 7. Budget. The Conceptual Budget referred to in this MOU is a preliminary budget setting forth the anticipated costs and allocations of those costs among the Parties for the Bikefill Park Project. The Conceptual Budget is attached to this MOU as Exhibit D. a. GVLT’s Financial Responsibilities: GVLT will implement a private fundraising campaign for GVLT’s financial contribution to the Bikefill Park Project. 105 Memorandum of Understanding for the Bikefill Park Project Page 11 of 18 SWMMBA agrees to assist GVLT in its fundraising campaign. The goal of the fundraising campaign will be to raise sufficient private funds to cover GVLT’s financial contribution as well as sufficient private funds to cover the fundraising campaign itself. GVLT will use reasonable, good faith efforts to raise private funds in an amount sufficient to at least equal GVLT’s financial contribution. All cash donations or grants received by GVLT as part of this fundraising campaign will be held by GVLT prior to disbursement of such funds for design and construction of the Bikefill Park Project pursuant to the terms of this MOU. GVLT will be responsible for (1) collecting all gifts, (2) acknowledging each gift, (3) providing regular updates on the progress of fundraising efforts to the City, and (4) disbursing such funds to cover agreed-upon Bikefill Park Project related costs. The City acknowledges and agrees that, while GVLT shall use reasonable and good faith efforts to achieve its fundraising efforts, GVLT is not the guarantor of such funds and is not obligated to provide any funding in excess of amounts actually raised, excluding amounts raised to cover the fundraising campaign. GVLT agrees to keep the City informed of its progress on the fundraising campaign as part of the Parties’ regular progress meetings. GVLT agrees to cooperate with the City to seek grant funding if opportunities to do so become available. GVLT will complete all grant writing responsibilities. b. City’s Financial Responsibilities: i. Notwithstanding any provision of this agreement related to the City’s financial obligations, the Parties agree the City must budget for and appropriate funds for the Bikefill Park Project pursuant to law and City policies. Should the City Commission fail to approve the following budget items for the Bikefill Park Project or fail to appropriate sufficient funds to meet the City’s obligations under this MOU, then the Parties will work cooperatively to make adjustments to the costs of the Bikefill Park Project consistent with the Parties’ mutual goal set forth in Section 1 of this MOU. Notwithstanding the above, should the City Commission fail to budget for the City’s financial contribution the City is relieved of any such obligation. ii. Subject to City Commission budget approval, the City Department of Transportation and Engineering will budget for $1,500,000 of the FY27 Capital Improvements Plan for the construction and construction management of McIlhattan Road. iii. The City Parks and Recreation Department has budgeted for Capital Improvement Plan allocations of $80,000 in FY26 for the community engagement process and design for the Park Master Plan. Subject to City Commission budget approval the department will seek budget authority 106 Memorandum of Understanding for the Bikefill Park Project Page 12 of 18 of $250,000 in FY27 and $250,000 in FY28 for the construction of the Civil Construction Elements. iv. Any additional funding from the City for the Civil Construction Elements is intended to be raised by grant funding. v. The City‘s financial contribution is reliant upon GVLT’s ability to fundraise an amount sufficient to complete the Project. c. Budget Revisions: The Parties acknowledge the Conceptual Budget will need to be revised once the Master Plan is completed to create a Revised Project Budget. The budget may only be revised in writing by addendum to this MOU. The Parties further acknowledge that this budget may need to be revised once the final costs are known. d. Contingency Funds: Each Party will retain control over the allocation of any contingency funds identified in the Revised Project Budget that are associated with that Party. 8. City Acceptance. The City will accept ownership of all work performed by and on behalf of GVLT on the Bikefill Park Project and shall issue GVLT an acceptance letter in form and substance reasonably satisfactory to GVLT. The City agrees to accept ownership of the work performed provided that: a. After inspection, the City has confirmed to its reasonable satisfaction that such work has been completed in accordance with the applicable plan(s). b. GVLT has provided the City with copies of the plans, specifications, and as-built drawings received by GVLT for such work. c. GVLT will assign to the City any and all warranties available with respect to any improvements, equipment and installation services. d. Prior to delivery by the City of the Acceptance Letter to GVLT, the Parties shall not allow public use of the City Property or the Bike Park. 9. Signage. Following completion of the Bikefill Park Project, in addition to any signage installed by the City, permanent signs celebrating the partnership among the City, GVLT, and SWMMBA, including logos of City, SWMMBA, GVLT, and GVLT’s Main Street to Mountains program will be installed in a location or locations in the Bikefill Park mutually acceptable to the Parties. The Parties will create a mutually acceptable donor recognition plan to guide acknowledgement of donors to the Bikefill Park Project. All 107 Memorandum of Understanding for the Bikefill Park Project Page 13 of 18 signs erected or posted in the Bikefill Park shall conform to City sign permit requirements. Trail and bike park signs may include direction of travel, wayfinding, difficulty ratings, trail closures, education, etiquette and/or interpretation. 10. Press Releases; Publicity; Public Outreach Events. To facilitate its fundraising campaign, GVLT may issue press releases, hold promotional events and take other steps to raise public awareness regarding the Bikefill Park Project. GVLT will be responsible for creating its own media content in this regard. GVLT is encouraged to establish media that complies with Web Content Accessibility Guidelines (WCAG) A and AA guidelines. GVLT shall provide the City with advance notice of any significant public outreach or publicity events relating to the Bikefill Park Project, and an opportunity for participation. The Parties anticipate that the City may be involved in the planning or execution of these events, or that a representative of the City may attend some of these events. The City may, with GVLT’s permission, use media content created by GVLT, subject to the City’s required review and issuance processes. 11. Notices. Notices to the Parties shall be directed as follows: If to the City Parks and Recreation Department: City of Bozeman PO Box 1230 121 North Rouse Bozeman, Montana 59771-1230 Attention: Addi Jadin E-mail: ajadin@bozeman.net If to the City Department of Transportation and Engineering: City of Bozeman PO Box 1230 121 North Rouse Bozeman, Montana 59771-1230 Attention: Nick Ross E-mail: nross@bozeman.net If to GVLT: Gallatin Valley Land Trust 212 S Wallace Ave, Suite 101 Bozeman, Montana 59715 108 Memorandum of Understanding for the Bikefill Park Project Page 14 of 18 Attention: Adam Johnson Email: adam@gvlt.org If to SWMMBA: Southwest Montana Mountain Bike Association P.O. Box 1855 Bozeman MT 59771 Attention: Josh Horstmann, President josh@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 written notice of its new address for notices to the other Parties. 12. Bikefill Park Project Access. The City and GVLT are cooperating regarding a license agreement for access to the City Property, which agreement the City and GVLT intend to revise and finalize to comport with the terms of this MOU and the goals of the Bikefill Park Project. GVLT is not permitted to access to the site absent a signed license agreement. 13. Governing Law; Venue. This MOU shall be governed by the laws of the State of Montana. Venue for disputes arising from this MOU shall be in the 18th Judicial District Court, Gallatin County, Montana. 14. Liberal Construction. This MOU shall be liberally construed to achieve the successful completion of the Bikefill Park 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. 15. 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. 16. Entire Agreement; Amendment; Assignment. This instrument sets forth the entire understanding of the Parties with respect to the Project and supersedes all prior discussions, negotiations, understandings, or agreements relating to the MOU, which any such agreements or understandings are hereby merged into this MOU. No alteration, amendment or modification of this MOU shall be valid or 109 Memorandum of Understanding for the Bikefill Park Project Page 15 of 18 binding unless contained in a written amendment signed by the Parties. Except as otherwise provided for herein, the Parties may not assign their rights or obligations under this MOU without the prior written consent of all Parties. The City Manager may approve addendums to this MOU on behalf of the City. 17. 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. 18. 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. 19. No Partnership or Agency. No Party shall be considered a partner or agent of any other Party, and this MOU does not create a 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 Bikefill Park Project is a public-private collaboration between three separate and independent entities, each of which has a common interest in creating the Bikefill Park Project, but each of which also has objectives and activities outside the scope of the Bikefill Park Project and this MOU. The joint effort being formed by the City and GVLT is not a separate legal entity and any one Party does not have the right to bind any other Party vis a vis any third party. The purpose of the collaboration is to work together to complete the Project and achieve the Parties’ common goals as stated in this MOU. While GVLT and the City may cooperate in the creation of other projects in the future, the Parties acknowledge and agree that this Bikefill Park Project is unique and the terms of this MOU shall not create a binding precedent with respect to any future projects. 20. Indemnity and Release. a. GVLT 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, the negligent acts, errors, omissions, or willful misconduct of GVLT, its officers, employees, agents, guests, invitees, volunteers, contractors and subcontractors, in the performance of its responsibilities related to the construction of the Bike Park. b. The City agrees to indemnify, defend and hold GVLT harmless from and 110 Memorandum of Understanding for the Bikefill Park Project Page 16 of 18 against any and all liability to any third party for or from loss, damage or injury to person or property in any manner arising out of, or incident to, the negligent acts, errors, omissions, or willful misconduct of the City, its officers, employees, agents, guests, invitees, volunteers, contractors and subcontractors, in the performance of its related to the construction of the McIlhattan Road Improvements and the Civil Construction Elements. c. Except for claims which occur during the construction of the Bikefill Park Project, the indemnity obligations contained herein do not extend beyond and terminate upon acceptance by the City of the Bikefill Park Project. Notwithstanding the above, any indemnity or insurance provided by a third-party design or construction firm pursuant to a contract entered into by a party which requires any party to this MOU to be indemnified or named as an additional insured continues after completion of the Bikefill Project pursuant to the terms of the contract and insurance provided by the third party design or construction firm. 21. Insurance. For the term of this MOU, GVLT and SWMMBA shall maintain commercial general liability insurance on an occurrence basis and including coverage for bodily injury (including death), property damage, personal and advertising injury, and contractual liability. The minimum amount of this insurance shall be $1,000,000.00 per occurrence and at least $2,000,000.00 aggregate. GVLT and SWMMBA recognize the City is a member of the Montana Municipal Interlocal Authority and is participant in MMIA’s liability risk management pool and the City’s liability coverage through the MMIA is subject to the terms and conditions of the MMIA’s Memorandum of Liability Coverage. 22. Nondiscrimination and Equal Pay. GVLT and SWMMBA agree that all hiring by GVLT or SWMMBA of persons performing this MOU shall be on the basis of merit and qualifications. GVLT and SWMMBA will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GVLT and SWMMBA 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 111 Memorandum of Understanding for the Bikefill Park Project Page 17 of 18 distinction. GVLT and SWMMBA 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. GVLT and SWMMBA represent 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). GVLT and SWMMBA must report to the City any violations of the Montana Equal Pay Act that they have been found guilty of within 60 days of such finding for violations occurring during the term of this MOU. GVLT and SWMMBA shall require these nondiscrimination terms of its subcontractors providing services under this MOU. 23. 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-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 24. Nonwaiver. A waiver by any Party of any default or breach by any other Party of any terms or conditions of this MOU does not limit the 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. 25. Attorney’s Fees and Costs. In the event it becomes necessary for Parties of this Agreement to retain an attorney to enforce any of the terms of conditions of this MOU or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney’s fees and costs, including fees, salary and costs of in-house counsel to include City Attorney. 26. 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. 27. Counterparts. This Agreement may be executed in counterparts, which together 112 Memorandum of Understanding for the Bikefill Park Project Page 18 of 18 constitute one instrument. 28.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 Memorandum of Understanding accurately reflects their mutual understanding, and that each of them agrees to be bound by the terms and conditions of this Memorandum of Understanding. The City of Bozeman BY:___________________________ TITLE:________________________ DATE:________________ Gallatin Valley Land Trust BY:________________ TITLE:________________ DATE:________________ Southwest Montana Mountain Bike Association BY:________________ TITLE:________________ DATE:________________ Approved as to form: BY:________________ City of Bozeman, City Attorney 113 Exhibit A Property Description A parcel of land located in the Southwest one-quarter and the Southeast one-quarter of Section 30, Township 1 South. Range 6 East. Montana Principal Meridian. Gallatin County, Montana, being more particularly described as follows: Beginning that the East Quarter Corner of Section 30, Township 1 South, Range 6 East, Montana Principal Meridian; thence South 00 ° 58' 16" West, along the North/South section line, a distance of 2482.44 feet, to the Southeast Corner of Section 30; thence South 88 ° 15'39" West, along the East/West section line, a distance of 2616.92 feet, to the South Quarter Corner of Section 30; thence North 01 °34'52"East, along the North/South quarter section line, a distance of 146.82 feet, to the centerline of Mcllhattan Road; thence following the centerline of Mcllhattan Road through the following course: North 25°23'47"West a distance of 80.31 feet; North 45° 45'25"West a distance of 209.3 feet; North 31 °38'51" West a distance of 218.34 feet; North 35 ° 52'41" West a distance of 141 .88 feet; North 38 °41 '49" West a distance of 158.64 feet; north 34° 48'47" West a distance of 200.1 feet; North 36 ° 05'04" West a distance of 217.09 feet; North 28°21 '22" West a distance of 207 .62 feet; North 08 °33' 1 0"West a distance of 266.81 feet; North 05 ° 29'34"West a distance of 304.32 feet; North 49 ° 18' 20" West a distance of 236.97 feet; North 37° 37'05"West a distance of 360.81 feet; North 34°28'39"' West a distance of 318.86 feet; North 34° 37'14" West a distance of 168.76 feet; Thence South 87°44'18"East, along the East/West quarter section line, a distance of 4215.21 feet to the Point of Beginning. 114 115 Project: Status: Author: Date: Exhibit B: Bikefill Mountain Bike Park Project Boundaries Draft Adam Johnson 11/5/2024 Maxar, Microsoft 0 0.20.1 MilesÜ Bozeman GIS, Bureau of Land Legend Bikefill Project Boundary McIlhatten Road Project Boundary Snowfill Recreation Area Bozeman Solid Waste Division McIlhatten Road Project Boundary Bikefill Project Boundary 116 Project: Status: Author: Date: Exhibit C: Bikefill Mountain Bike Park Conceptual trail infrastructure Draft Adam Johnson 12/18/2024 Bozeman GIS, Bureau of Land Snowfill Recreation Area Bozeman Solid Waste Division STORY MILLRDMC IL H A T T A N R D Snowfill Addition Cross-Country/Cyclocross trail zone Wetlands - no access Pumptracks Primary Access Trail Parking Lot & Access Intermediate Flow Zone Hub node Dirt Jump/Slopestyle Zone Cross-Country/Cyclocross trail zone Beginner Zone Advanced Flow Zone City of Bozeman, Montana, Maxar /0 0.150.07 Miles Legend Bikefill Project Boundary Shared Use Pathway Roads Snowfill Recreation Area 117 Expenses Project Component Responsible Partner Item Details Estimate Design & Engineering Gallatin Valley Land Trust Design & Engineering of Site $ 220,000 McIlhatten Road Improvements City of Bozeman Transportation Utility Improvements & Drainage McIlhattan Road $ 252,760 Surface Improvements Road, Pathway, Driveway $ 947,240 Contingency 300,000$ Park Master Planning and Community Engagement City of Bozeman Parks Park Planning Park Master Plan development and community engagement and input into plan $ 80,000 Bikefill Bike Park - Civil infrastructureCity of Bozeman Parks Parking Lot 100+ stalls, 6 ADA van accessible $ 608,274 Primary Access Road $ 106,210 Fencing Move existing/Add new/Gates $ 35,000 Gates Dog Corrals $ 15,000 Wells Water for $ 15,000 Construction Contingency 20% construction con 200,000$ Bikefill Bike Park - trail Gallatin Valley Land Trust Multi-Use Pathway Includes Asphalt $ 84,000 Bike Park Infrastructure Budget for Trails, Tracks, etc. (+/-) $ 860,826 Hub Access road improvement gravel improvements for maintenance 75,000$ Wayfinding and Bike Park Signage New Wayfinding + Ability ratings $ 20,000 Construction Contingency 20% construction contingency $ 93,242 Maintenance Gallatin Valley Land Trust Maintenance Endowment For future maintenance $ 130,000 Management Gallatin Valley Land Trust Project Management Staff time at $60/hr $ 116,000 Core Mission Support 10% of budget $ 340,031 TOTAL PROJECT COST $ 4,498,583 Income Source Details Amount Private Donors Bikefill Campaign 1,500,000$ Open Lands OEP 2 Year Commitment 200,000$ Recreational Trails Program Bike Park Trails/Pathways 100,000$ Private Foundation Grants Focus on Youth Elements 100,000$ City of Bozeman Transportation McIlhattan Road Construction 1,500,000$ City of Bozeman Parks CILP, District, PIG, General 1,080,000$ TOTAL INCOME 4,480,000$ Exhibit D: Bikefill Conceptual Budget 118 GVLT Private Fundraising and Grants Project Component Item Details Funding sources:Amount Design & Engineering Design & Engineering Civil Site Plan & Construction Docs GVLT - Private Donors 220,000.00$ Construction -Bike infrastructure Hub Access road improvement 100+ stalls, 6 ADA van accessible GVLT - Private Donors 75,000.00$ Bike park infrastructure Budget for Trails, Tracks, etc. (+/-)GVLT - Private Donors 676,726.00$ Trail Counters (3x)GVLT - Private Donors $4,100 Maintenance Maintenance Endowment For future maintenance GVLT - Private Donors 130,000.00$ Management Project Management Staff time at $60/hr GVLT - Private Donors 100,000.00$ Core Mission Support 10% of budget GVLT - Private Donors 340,031.00$ Contingency Contingency GVLT - Private Donors 93,242.00$ Construction -Civil Park Bathrooms concrete vault toilets (5x)GVLT & City Parks- Gallatin County Open Lands OEP grant 100,000.00$ Construction -Civil Park Gravel Pathway 8 foot Pathway GVLT & City Parks- Gallatin County Open Lands OEP grant 84,000.00$ Management Project Management GVLT & City Parks- Gallatin County Open Lands OEP grant 16,000.00$ Construction Bike Park Infrastructure Budget for Trails, Tracks, etc. (+/-)GVLT & City Parks - Montana Fish, Wildlife, Parks Recreational Trails Program 80,000.00$ Signage Wayfinding and Bike Park Signage New Wayfinding + Ability ratings + Donor Recognition GVLT & City Parks - Montana Fish, Wildlife, Parks Recreational Trails Program 20,000.00$ Total committed 1,939,099.00$ Project Component Item Details Funding sources:Amount Park Master Planning and Community Engagement Park Planning Park Master Plan development and community engagement and input into plan City - Parks Department 80,000.00$ Construction -Civil Park Access Road City - Parks Department 106,210.00$ Parking Lot 100+ stalls, 6 ADA van accessible City - Parks Department 608,274.00$ Perimeter Security - Fencing Move existing/Add new City - Parks Department 35,000.00$ Perimeter Security - Gates Dog Corrals/Landfill Operations City - Parks Department 15,000.00$ Wells Water for maintenance, general purposes City - Parks Department 15,000.00$ Contingency Contingency 20% construction contingency City - Parks Department 200,000.00$ Total committed 1,059,484.00$ City Transportation Project Component Item Details Funding sources:Amount Construction - McIlhatten Road Utility Improvements - Drainage McIlhattan Road City - Transportation Department 252,760.00$ Surface Improvements Mcilhatten Road City - Transportation Department 947,240.00$ Contingency City - Transportation Department 300,000.00$ Total committed 1,500,000.00$ Total Project 4,498,583.00$ Anticipated Funding Sources Source Details Amount GVLT - Private Donors Bikefill Campaign 1,600,000$ GVLT & City Parks- Gallatin County Open Lands OEP Grant 2 Year Commitment 200,000$ GVLT & City Parks - Montana Fish, Wildlife, Parks Recreational Trails Program Bike Park Trails/Pathways 100,000$ City - Transportation Department McIlhattan Road Construction 1,500,000$ City - Parks Department Parks District/LWCF 1,080,000$ TOTAL INCOME 4,480,000$ Exhibit D: Bikefill Conceptual Funding Sources Budget City Parks (inlcludes at least $400k LWCF grant and CIP Commitments) 119 Page 1 of 9 AFTER RECORDING RETURN TO: Mike Maas, City Clerk City of Bozeman 121 N. Rouse P.O. Box 1230 Bozeman MT 59771 LICENSE AGREEMENT FOR USE OF CITY PROPERTY BY THE GALLATIN VALLEY LAND TRUST This LICENSE AGREEMENT FOR USE OF CITY PROPERTY (“License Agreement”) is made and entered into this _______ day of ______________, 2025, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771 (“City”), and THE GALLATIN VALLEY LAND TRUST, “GVLT”, a Montana non-profit public benefit corporation with a mailing address of 212 S. Wallace St., Suite 101, Bozeman, MT 59715, (“Licensee,” and together with the City the “Parties”). In consideration of the Licensee’s promises herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Purpose. The City owns certain real property located in the City of Bozeman, Gallatin County, Montana, consisting of approximately 66 acres described on Exhibit A attached hereto and by this reference incorporated herein (the “City Property”). The City desires to authorize Licensee to access the City Property for purposes of completing certain improvements to the City Property pursuant to the Memorandum of Understanding (MOU) between the Parties. 2. Description of the City Property. The City Property consists of the real property as described in Exhibit A. 3. Title. Licensee hereby acknowledges this license grants a privilege and not an interest in the City Property and the title of the City to the City Property and Licensee 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 City Property by virtue of this Agreement or Licensee’s occupancy or use hereunder. The City may enter the site at any time to assert its real property interest or for other purposes which do not unreasonably interfere with the activities of the Licensee authorized by the MOU. Upon termination of this Agreement, title to all permanent improvements on the City Property and on public rights-of-way adjacent to the City Property made by Licensee or its agents shall vest in the City, free and clear of all debts, liens and encumbrances. All other improvements of a nonpermanent nature and all trade fixtures, machinery and furnishings 120 Page 2 of 9 made or installed by Licensee may be removed from the City Property at any time unless such improvements are a component of the Bikefill Park Project as described in the MOU, or as otherwise agreed to by the City and such removal will not damage the realty and/or permanent improvements. 4. License. The City hereby grants permission, revocable and terminable as provided herein, during the period commencing August 01, 2025, until December 31, 2027, on the terms and conditions set forth herein, which Licensee promises to comply with and abide by to Licensee for Licensee’s fulfillment of its obligations as stated in the MOU, which Licensee promises to comply with and abide by. Such permission shall include the permission of Licensee to use the City Property to fulfill its obligations under the MOU and for no other purpose. The term of this License may be extended by mutual agreement of the Parties in writing. Licensee agrees to comply with all City ordinances and other rules and regulations regarding permits and approvals related to operations on the City Property as well as those of any other governmental entity having jurisdiction. 5. Indemnification and Insurance. a. To the fullest extent permitted by law, Licensee recognizing it exercises its privileges under this Agreement at its own risk, shall release, and shall protect, defend, indemnify, and hold harmless the City and its agents, representatives, employees, and officers from and against any and all claims, demands, actions, fees and costs (including attorney’s feed 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 of 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 occupation or use of the City Property by Licensee, its officers, employees, agents, guests, invitees, volunteers, contractors and subcontractors; (ii) the negligent, reckless, or intentional misconduct of the Licensee, its officers, employees, agents, guests, invitees, volunteers, contractors and subcontractors on or related to the City Property; and (iii) any negligent, reckless, or intentional misconduct of any of the Licensee’s its officers, employees, agents, guests, invitees, and volunteers, contractors, subcontractors on or related to the City Property. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to an indemnitee described in this Section. 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). 121 Page 3 of 9 Licensee’s indemnity 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 brin an action against the Licensee to assert its right to defense or indemnification under this Agreement or under the Licensee’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 the Licensee was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. The obligations of this Section 5(a) shall survive termination of this Agreement. b. In addition to and independent from the above, during the term of this Agreement Licensee shall at Licensee’s expense maintain those insurances as may be required by City as set forth below through an insurance company or companies duly licenses and authorized to conduct business in Montana which insures the liabilities and obligations specifically assumed by the Licensee in Section 5(a). The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Licensee in Section 5(a). Within ten (10) days following execution of this Agreement, Licensee shall provide City with proof of such insurance in the form of a certificate of insurance, the insuring agreement and all applicable endorsements demonstrating that such insurance is in full force and effect and shall provide such proof when requested by the City thereafter during the term of this Agreement. The City may require additional evidence of the nature and scope of the insurance required herein. Licensee shall ensure such required insurance coverage is timely renewed so that there is no lapse in coverage during the time such insurance must remain in place. Licensee shall notify the City within two (2) business days of Licensee’s receipt of notice that any required insurance coverage will be terminated of Licensee’s decision to terminate any required insurance coverage for any reason. The insurance and required endorsements must be in a form suitable to the City. c. Licensee shall obtain the following type of insurance in the amount indicated: Workers’ Compensation: Not less than statutory limits Employers’ Liability: $1,000,000 each 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. 122 Page 4 of 9 For liabilities assumed hereunder, the City, its officers, agents and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability and Automobile Liability policies. 6. Construction/Restrictions/Repair and Maintenance. a. Licensee shall, at its sole cost and expense, install and maintain in good condition a barrier fence or other suitable and customary barrier around the perimeter of any portion of the City Property currently under construction by Licensee. The barrier shall be installed pursuant to a plan, approved in advance by the City’s Director of Parks and Recreation, or its designee. Any such barrier shall be provided for in a manner to ensure emergency responders’ access. b. For the use of any public rights-of-way or any real property of the City other than the City Property, the Licensee shall obtain an encroachment permit from the City’s Director of Public Works or other applicable approvals. c. Licensee shall keep the adjacent private and public properties including streets, alleys and sidewalks free from construction debris and other materials including sediment, rock mud, ice and snow, stored or located on the City Property. Sediment, rock, mud, ice, snow, and other debris entering upon public or private property outside the City Property from the Licensee’s project shall be cleaned or removed immediately. d. Licensee agrees to immediately repair any damage caused by Licensee, its agents, invitees, guests, contractors or subcontractors to any public or private property outside the City 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. Licensee agrees to timely comply with any request of the City to perform maintenance and repairs to streets, curbs, sidewalks, and other infrastructure damaged by Licensee or Licensee’s agents, invitees, guests, contractors, or subcontractors. e. Licensee shall repair any damage to the Site caused by Licensee, its agents, invitees, guests, contractors or subcontractors to a condition acceptable to the City. 7. Waste, Nuisance, and Unlawful Use Prohibited. Licensee shall not commit, or suffer to be committed, any waste on the City Property, nor shall Licensee maintain, commit or permit the maintenance of any nuisance on the City Property or use the City Property for any unlawful purpose. Licensee shall not do or permit anything to be done in or about the City Property which shall in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy and use of the City Property which are or may hereafter be enacted or promulgated by any public authority. 123 Page 5 of 9 8. Hazardous Materials. Licensee agrees and represents that it shall not store or dispose of on the Site any “Hazardous Materials” as defined by Federal, State or local law as from time to time amended. 9. Signage. Licensee nor any of its agents may not install any signage except as authorized pursuant to the MOU or as may otherwise be approved by the City’s Representative. 10. Termination. a. If Licensee fails to comply with any condition of this Agreement the City may, at its option, terminate this Agreement if the Licensee’s default is not cured within sixty (60) calendar days after written notice of the default is recieved by the Licensee from the City. Said notice shall set forth the items to be cured. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Agreement. Failure to cure any default may result in an order by the City’s Representative for the Licensee to cease all operations and remove all personal property from the City Property. Termination by the City of this License Agreement shall be grounds for terminating the MOU. b. Licensee may terminate this Agreement upon thirty (30) days prior written notice to the City. Upon termination, Licensee shall remove its equipment and improvements, and will restore the site to substantially the condition existing as of the commencement date of this Agreement, normal wear and tear excepted. Termination by GVLT of this License Agreement shall be grounds for terminating the MOU. 11. Due Diligence. Licensee shall at all times exercise due diligence in the protection of City’s property at the City Property against damages. 12. Non-Discrimination. Licensee agrees that all hiring by Licensee of persons performing this Agreement shall be on the basis of merit and qualifications. The Licensee shall not discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The Licensee shall require these nondiscrimination terms of its agents and subcontractors providing services under this Agreement. 13. Amendment. Any amendment or modification of this Agreement or any provision herein shall be made in writing or executed in the same manner as the original document and shall after execution become a part of this Agreement. 14. Assignment. Licensee may not assign this Agreement in whole or in part and may not sublet all or any portion of the City Property without the prior written consent of the City. No assignment will relieve Licensee of its responsibility for the performance of the Agreement (including its duty to defend, indemnify, and hold harmless). This license shall not run with the land. 124 Page 6 of 9 15. Waiver of Claims. Licensee waives all claims against City for injury to persons or property on or about the City Property or from its use of the City Property. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the City Property will be entirely that of the Licensee and that no claim shall be made against the City by reason of any act of an employee, officer, or, agent of the City or any trespasser. 16. Representatives. a. City’s Representative. The City Representative for the purpose of this Agreement shall be Addi Jadin, Park Planning and Development Manager, or her successor or designee. 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 hall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Licensee may direct its communication or submission to other City personnel or agents and may receive approvals or authorization from such persons. b. Licensee’s Representative. The Licensee’s Representative for the purpose of this Agreement shall be __________. Whenever direction to or communication with Licensee is required by this Agreement, such direction or communication shall be directed to the Licensee’s Representative; provided, however, that in exigent circumstances when Licensee’s Representative is not available, the City may direct is direction or communication to other designated employees or agents of Licensee. 17. Permits. Unless otherwise agreed to in writing by the parties, Licensee shall provide all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, obtains all necessary permits, licenses, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 18. Intoxicants; DOT Drug and Alcohol Regulations. Licensee shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the City Property. Licensee 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. The City shall have the right to request proof of such compliance and Licensee shall be obligated to furnish such proof. The City may order removal from the City Property of any employee or agent of Licensee or any of its subcontractors for use of intoxicants on the City Property. 19. Liens and Encumbrances. Licensee shall not permit any liens or encumbrances to be filed on the City Property related to either the Licensee’s use of the City Property or the Licensee’s actions pursuant to the MOU. Prior to the expiration of this Agreement or termination by the City of Licensee as provided herein Licensee shall furnish the City with 125 Page 7 of 9 satisfactory proof that there are no outstanding liens or encumbrances in connection with the Licensee’s use of the City Property. 20. Dispute Resolution. 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. 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. 21. Survival. Licensee’s indemnification obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 22. Headings. The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 23. Waiver. A waiver by either Party of any default or breach of any covenants, terms, or conditions of this Agreement docs not limit that Party’s right to enforce such covenants, terms, or conditions or to pursue that Party’s rights in the event of any subsequent default or breach. 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. Jurisdiction for any dispute or claim raised under this Agreement or proceeding brought to interpret the Agreement shall lie solely in the State of Montana, Gallatin County. 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. 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. 126 Page 8 of 9 30. Independent Contractor. The Parties agree and acknowledge that in the performance of this Agreement Licensee shall not be considered an agent, representative, subcontractor, or employee of the City. The Parties further agree that all individuals and companies retained by Licensee at all times will be considered the agents, employees, or independent contractors of Licensee and at no time will they be employees, agents, or representatives of the City. 31. Integration. This Agreement constitutes the entire agreement of the Parties. Covenants or representation 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. 32. Recordation. This Agreement shall be recorded in the files of the Gallatin County Clerk and Recorder. All costs of recording shall be borne by the Licensee. A copy of this recorded agreement shall be provided to the City’s Representative. END OF AGREEMENT EXCEPT FOR SIGNATURES 127 Page 9 of 9 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA GALLATIN VALLEY LAND TRUST By________________________________ By_____________________________ Chuck Winn, City Manager APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 128 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Senior Planner Brian Krueger, Development Review Manager Rebecca Harbage, Deputy Director of Community Development Erin George, Director of Community Development SUBJECT:Approve the Final Plat for the Northwest Crossing (NWX) Phase 2.2 Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman, the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 24386 (Quasi-Judicial) MEETING DATE:July 22, 2025 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Having reviewed and considered the memorandum, application and submitted materials, I hereby adopt the findings presented in the memorandum for application 24386 and approve the Northwest Crossing (NWX) Phase 2.2 Subdivision Final Plat and authorize the Director of Transportation and Engineering and Director of Community Development to execute the same on behalf of the City of Bozeman. 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: On February 7, 2023, the Bozeman City Commission conducted their review of the Preliminary Plat application for Northwest Crossing Phase 2, application no. 22129, and voted unanimously to approve the preliminary plat application. The findings of fact for the preliminary plat application may be found in the Public Folder for project 22129 . Following the installation of required infrastructure, the Applicant made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Northwest Crossing Phase 2, Phase 2 (also referred to as Phase 2.2) Subdivision Final Plat to create 45 single household lots, 1 city park lot, 3 open space and stormwater tracts, and all associated easements and rights of way on 7.09 acres. 129 The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. Attached is a memorandum from Danielle Garber, Senior Planner, stating staff has concluded that all terms and conditions of the preliminary plat approval have been met, the Certificate of the City Attorney, and a digital copy of the final plat. Please note that the digital copy of the final plat does not contain hand edits made to the physical mylars on file with the Department of Community Development. Improvements Agreements are required for final plat approval of this subdivision. The improvements agreements guarantee the installation of sidewalks fronting all lots, and park and open space irrigation and landscaping improvements. All guaranteed improvements must be installed within twelve (12) months of the filing of the final plat. All other necessary infrastructure improvements are constructed. UNRESOLVED ISSUES:None ALTERNATIVES:None suggested FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Attachments: 24386 NWX Phase 2.2 FP.pdf 24386 NWX 2.2 FP Transmittal Legal V.2.pdf 24386 Certificate of City Attorney 7-9-25.pdf Report compiled on: July 15, 2025 130 PARK 010.83 acs.36,168.00 sq. ft.PARK 01N11°23'09"W 1 5 4 . 3 8 ' R=830.0 0' L =164.94' Δ =11°23'09"N0°00'00"E 474.50'N90°00'00"E60.00'N0°00'00"W 357.33'N90°00'00"W60.00'N0°00'00"W 281.28'N89°27'45"E 546.02'N89°27'45"E 563.90'S1°16'44"E 83.10'N89°44'34"E 215.70'R=7 929.59' L=57 7.49 ' Δ =4 °10'2 2"N90°00'00"W47.85'R=720.00'L=37.38'Δ=2°58'28"N87°01'32"W121.15'R=810.00'L=42.05'Δ=2°58'28"N90°00'00"W34.54'S0°00'00"W60.00'N90°00'00"W85.00'S0°00'00"W 135.00'N90°00'00"E85.00'S0°00'00"W60.00'S90°00'00"W38.00'S0°00'00"E 67.50'S90°00'00"W 235.00'N0°00'00"W67.50'N90°00'00"W30.00'S0°00'00"E 135.00'S0°58'19"E 60.01' S0°00'00"E 179.76'N90°00'00"W 191.88'S16°28'13"E48.54'S78°41'34"W60.24'N16°28'13"W33.49'N90°00'00"W 464.24'S11°23'09"E 1 2 4 . 3 8 'S78°41'34"W60.00' R =5 30.0 0' L =15 2.3 6 ' Δ =16°28'13" N16°28'1 3 " W 132.55' N0°00'00"E 378.63'N90°00'00"E60.00'N0°00'00"E 132.00'N90°00'00"E 274.00'S0°00'00"E 132.00'S90°00'00"E 274.00'PLOTTED DATE: Feb/20/2025 PLOTTED BY: cooperkrauseDRAWING NAME: P:\6787\007-Ph_2.2+2.3\ACAD\Survey\Final Plat\6787.007_NWX-PH-2.2-FinalPlat.dwg1/4 SEC.SECTIONTOWNSHIPRANGEPROJ. #:SHEET OFCOUNTY,DATE:SCALE:CLIENT:FIELD WORK:DRAWN BY:CHECKED BY:©COPYRIGHT MORRISON-MAIERLE, INC.,2025engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.670231.GALLATIN6787.0071" = 100'12/2024JCWJCHMMI 5E 2S 4 NEPROJECTAREALAUREL PKWY BAXTER LN.OAK ST.DURSTON RD.FERGUSON AVE. DAVIS LN.SCALE: 1" = 2000'VICINITY MAPOWNERWH BOZEMAN NWX 358 LLC24911 AVENUE STANFORDSANTA CLARITA, CA 91355BASIS OF BEARINGBobcat Coordinate System, NAD83(2011) per the"Rocky Mountain Tribal Coordinate ReferenceSystem" Handbook and User Guide, PublishedSeptember 30th, 2014 and subsequent revisions,established by observations with survey-gradeGNSS receivers.PURPOSETO CREATE 45 SINGLE FAMILY LOTS, 1 PARK,2 OPEN SPACE TRACTS, 1 STORM WATER TRACTAND DEDICATION OF PUBLIC RIGHTS-OF-WAYBEING RESTRICTED LOT 1A-1 OF THE AMENDED PLAT OFNORTHWEST CROSSING SUBDIVISION PLAT J-736-A , LOCATED IN THE NE1/4 OF SECTION 4,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATINCOUNTY, MONTANA.FINAL PLAT ofNORTHWEST CROSSING SUBDIVISION PHASE 2.2ZONINGCITY OF BOZEMANREMUN. COTTONWOOD RD. DAYSPRING AVE. (60')BRIARWOOD LANE (60')ALLEY (20')TOUCHSTONE LANE (60')HARVEST PARKWAY (71')BLOCK 8BLOCK 11LOT 3NORTHWESTCROSSINGSUB. PH . 1LOT 2NORTHWESTCROSSINGSUB. PH . 1LOT 1NORTHWESTCROSSINGSUB. PH . 1LOT 14NORTHWESTCROSSINGSUB. PH . 1 COTTONWOOD ROAD (120')BAXTER LANE 100')RESTRICTEDLOT2A-17.61 ACRESPHASE 2.1BOUNDARYI, Jon C. Wilkinson, Montana Professional Land Surveyor License No. 16411LS, hereby certify that theFinal Plat of Northwest Crossing Subdivision Phase 2.2 was surveyed under my supervision betweenMarch 2024 and November 2024, and platted the same as shown on the accompanying plat and asdescribed in accordance with the provisions of the Montana Subdivision and Platting Act, §76-3-101through §76-3-625, M.C.A., and the Bozeman Municipal Code. I further certify that monuments whichhave not been set by the filing date of this instrument will be set by May 31, 2025, due to publicimprovements construction pursuant to 24.183.1101(1)(d) A.R.M.Dated this___________day of_________________, 2025.________________________________________________________Jon C. Wilkinson, PLS, CFedSMT Reg. #16411LSMorrison-Maierle, Inc.CERTIFICATE OF SURVEYORI, Eric Semerad, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoinginstrument was filed in my office at _______ o'clock, __________(a.m., or p.m.), this _________ dayof ____________________, 2024, and recorded in Book ______ of Plats on page __________, andDocument # ____________________, Records of the Clerk and Recorder, Gallatin County, Montana.Dated this __________ day of ____________________, 2025.________________________________________Eric SemeradClerk and RecorderGallatin County, MontanaCERTIFICATE OF CLERK AND RECORDERI, __________________________, Treasurer of Gallatin County, Montana, do hereby certify that theaccompanying plat has been duly examined and that all real property taxes and special assessmentsassessed and levied on the land to being divided have been paid.Dated this __________ day of ____________________, 2025.________________________________________TreasurerGallatin County, Montana_________________________________________Tax ID No._________________________________________Tax ID No._________________________________________Tax ID No.CERTIFICATE OF COUNTY TREASURERI, ________________, Director of Public Works, City of Bozeman, Montana, do hereby accept thededication to the City of Bozeman for the public use of any and all lands shown on the plat as beingdedicated to such use.Dated this __________ day of ____________________, 2025.________________________________________Director of Public WorksNorthwest Crossing Subdivision, Phase 2.2, Gallatin County, Montana, is within the City of Bozeman,Montana, a first class municipality, and with the planning area of the Bozeman growth policy whichwas adopted pursuant to Section 76-1-601 et seq., MCA, and can be provided with adequate stormwater drainage and adequate municipal facilities. Therefore under the provisions of Section76-4-125(1)(d), MCA, this survey is excluded from the requirement for Montana Department ofEnvironmental Quality review.Dated this ________________________ day of _______________________________, 2025.________________________________Director of Transportation and Engineering MFECERTIFICATE OF EXCLUSION FROM MONTANADEPARTMENT OF ENVIRONMENTAL QUALITY REVIEWCERTIFICATE OF ACCEPTANCE OF DEDICATIONSWH Bozeman NWX 358 LLC,a Delaware limited liability companyBy: Williams Communities, LLC,a California limited liability companyIts ManagerBy:________________________________________ ___________________________________ Lance K. Williams, Dated CEO, President and ChairmanState of ____________________________________County of ___________________________________On this _______ day of __________________, 2025, before me, the undersigned Notary Public forthe State of _____________________ personally appeared __________________, known to me tobe the Authorized Representative of ___________________ and acknowledged to me that said_____________________ executed the same.Notary Public in and for the State of ___________________Printed Name _____________________________________Residing at _______________________________________My commission expires _____________________________Signature ________________________________________CERTIFICATE OF DEDICATIONWe, the undersigned mortgagees or encumbrancers do hereby join in and consent to the describedplat, releasing our respective liens, claims, or encumbrances as to any portion of said lands now beingplatted into streets, avenues, parcels or other public areas which are dedicated to the City of Bozemanfor the public use and enjoyment.CONSENT OF MORTGAGEEDated this _________________________ day of _________________________, 20___.____________________________________________________________________________Stockman Bank of Montana By: __________________________ Authorized Signatory STATE OF MONTANA ) :ssCOUNTY OF GALLATIN ) This instrument was acknowledged before me on __________________, 20___, theundersigned Notary Public, personally appeared _____________________, known to me tobe Authorized Signatory of Stockman Bank of Montana who signed the foregoing instrumentand acknowledged to me that Stockman Bank of Montana executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first abovewritten. ________________________________[signature] Notary Public for the State of Montana( S E A L ) ________________________________ [printed name] Residing at:________________, ___________ (City) (State) My commission expires:____________, 20___We, the undersigned property owners, do hereby certify that we have caused to be surveyed,subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, asshown by the plat hereunto included the following described tract of land to wit:Northwest Crossing Subdivision, Phase 2.2, being Restricted Lot 1A-1 of the Amended Plat ofNorthwest Crossing Subdivision, Plat J-736-A; located in the NE ¼ of Section 4, Township 2 South,Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana.The area of the above described parcel of land is 7.09 acres, more or less.The above-described tract of land is to be known and designated as “Northwest CrossingSubdivision Phase 2.2”, City of Bozeman, Gallatin County, Montana; and the lands included in allstreets, avenues, alleys, and parks or public lands shown on said plat are hereby granted and donatedto the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the landsincluded in all streets, avenues, alleys, and parks or public lands dedicated to the public are acceptedfor public use, but the City of Bozeman accepts no responsibility for maintaining the same. The owneragrees that the City of Bozeman has no obligation to maintain the lands included in all streets,avenues, alleys, and parks or public lands, hereby dedicated to public use. The lands included in allstreets, avenues, alleys, and parks or public lands dedicated to public for which the City of Bozemanaccepts responsibility for maintenance are Briarwood Lane, Compass Lane, Touchstone Lane, TwinLakes Avenue, Park 1.The undersigned hereby grants unto each and every person firm or corporation, whether public orprivate, providing or offering to provide telephone, electric power, gas, internet, cable television orother similar utility or service, the right to the joint use of an easement for the construction,maintenance, repair and removal of their lines and other facilities in, over, under and across each areadesignated on this plat as "Utility Easement" to have and to hold forever.NOTICE IS HEREBY GIVEN to all potential purchasers of Restricted Lots 2A-1, 3A-1, 4A, and 5A ofthe Amended Plat of Northwest Crossing Subdivision, City of Bozeman, Gallatin County, Montana, thatthe final plat of the subdivision was approved by the Bozeman City Commission without completion ofon and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter38.270 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat thatstipulates that any use of this lot is subject to further subdivision, and no development of this lot shalloccur until all on and off site improvements are completed as required under the Bozeman MunicipalCode. THEREFORE, BE ADVISED, that Building Permits will not be issued for Restricted Lots 2A-1,3A-1, 4A and 5A of the Amended Plat of Northwest Crossing Subdivision, City of Bozeman, GallatinCounty, Montana until all required on and off site improvements are completed and accepted by theCity of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lotuntil this restriction is lifted. This restriction runs with the land and is revocable only by furthersubdivision or the written consent of the City of Bozeman.CERTIFICATE OF COMPLETION OF IMPROVEMENTSI, __________________ and I, ________________________, a Registered Professional Engineerlicensed to practice in the State of Montana, hereby certify that the following improvements, required tomeet the requirements of Chapter 38 of the Bozeman Municipal Code or as Conditions of Approval ofthe Final Plat of The Northwest Crossing Subdivision Phase 2.2 have been installed in conformancewith the approved plans and specifications, or financially guaranteed and covered by theimprovements agreement accompanying this plat.Installed Improvements:1.All public rights-of-way within the boundary of Phase 2.2 including:Twin Lakes Avenue, Touchstone Lane, Compass Lane, Briarwood Lane and Alley.2.Street Improvements for all public rights-of-way listed above3.Sewer and Water Improvements for all public rights-of-way list above4.Storm Water Improvements for for all public rights-of-way listed aboveFinancially Guaranteed Improvements:1.Park 01 Landscaping2.Open Space 4 and 12: Landscaping and Sidewalks3.SidewalksThe subdivider hereby warrants against defects in these improvements for a period of two years fromthe date of acceptance by the City of Bozeman.The subdivider grants possession of all public infrastructure improvements to the City of Bozeman andthe City hereby accepts possession of all public infrastructure improvements, subject to the aboveindicated warranty.WH Bozeman NWX 358 LLC,a Delaware limited liability companyBy: Williams Communities, LLC,a California limited liability companyIts ManagerBy:________________________________________ ___________________________________ Lance K. Williams, Dated CEO, President and Chairman___________________________________________________________________Matt E. Ekstrom, PE DatedMT Reg. No. 10853PEMorrison Maierle, Inc.___________________________________________________________________Director of Transportation and EngineeringDatedAll streets, alleys, and right-of-way, shown hereon as "DEDICATED", are not easements. The intent ofdedication is to convey all the streets, alleys, and right-of-way to the public, upon acceptance by thegoverning authority,DEDICATION AND EASEMENT NOTE333434LEGENDSet a rebar 5/8" diam., with anorange plastic cap, "MMI 16411LS".Found 2" diam. AC "12251 LS" per C.C.R. Book 5Page 474. Document # 2671918Found 2 diameter MDT A.C. perC.C.R. Book 3, Page 922.Document No. 2294184(R1) Amended Plat Northwest Crossing Subdivision, Plat J-736-ACalculated point - Not SetFound 2" diameter AC per C.C.R. Book 4,Page 276. Document No. 2412303.SECTION CORNER.SEE C.C.R. DOC.#241230320.0' GAS PIPELINEEASEMENTDOC. 2329665DEDICATEDCOTTONWOOD ROAD10.0' PUBLICUTILITY EASEMENTDOC. 2649281DEDICATEDCOTTONWOOD ROADDEDICATEDCOTTONWOOD ROADDEDICATEDCOTTONWOOD ROAD(R1)(R1)(R1)(R1)(R1) (R1) (R1)(R1)60.0' PUBLIC STREET ANDUTILITY EASEMENTDOC. No. 278219860.0' PUBLIC STREET ANDUTILITY EASEMENTDOC. No. 278220160.0' PUBLIC STREET ANDUTILITY EASEMENTDOC. No. 2782200TIE LINE ONLYTWIN LAKES AVENUE (60')COMPASS LANE (60')RESTRICTEDLOT4A7.54 ACRESRESTRICTEDLOT3A-110.76 ACRESNORTHWEST CROSS INGSUB. PH . 2 .1 PLAT J -736RESTRICTEDLOT5A3.00 ACRES(R1)(R1) (R1)(R1)(R1)(R1)(R1)(R1)(R1)(R1)(R1)(R1)LOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT18LOT17LOT16LOT15LOT14LOT13LOT12LOT11LOT10LOT19LOT20LOT21LOT22LOT23LOT24LOT25LOT26LOT27LOT38LOT37LOT36LOT35LOT34LOT28STORMWATER TRACT 13 LOT1ALOT1BLOT2ALOT2BLOT3ALOT3BLOT8ALOT8BLOT9ALOT9BLOT10ALOT10BO.S. 12 (R1)GROUNDWATER DRAIN EASEMENTSDOC#_____________________DOC#_____________________TEMPORARY GROUNDWATER DRAINEASEMENT DOC#_____________________OPEN SPACE 4 NORTHWEST CROSS INGSUB. PH . 2 .1 PLAT J -736NORTHWEST CROSSINGSUB. PH . 2.1 PLAT J-736 ROSA WAY (60')I, ________________, Director of Community Development, City of Bozeman, Montana, do herebycertify that the accompanying plat has been duly examined and has found the same to conform to thelaw and approves it.Dated this __________ day of ____________________, 2025.________________________________________Director of Community DevelopmentCERTIFICATE OF GOVERNING BODY APPROVING PLAT131 PARK 010.83 acs.36,168.00 sq. ft.67.50'57.00'67.50'57.00'274.00'132.00'274.00'132.00'47.00'67.50'47.00'47.00'67.50'47.00'47.00'67.50'47.00'47.00'67.50'47.00'30.00'67.50'30.00'67.50'67.50'47.00'67.50'47.00'47.00'67.50'47.00'47.00'67.50'47.00'47.00'67.50'47.00'47.00'67.50' 67.50'47.00'67.50'47.00'67.50'47.00'47.00'67.50' 67.50'47.00'67.50'47.00'67.50'57.00'67.50' 67.50'57.00'67.50'57.00'47.00'67.50'47.00'47.00'67.50'47.00'47.00'67.50'47.00'47.00'67.50'47.00'47.00'67.50'47.00'67.50'47.00'67.50'47.00'47.00'67.50'47.00'47.00'67.50'47.00'47.00'67.50'47.00'C10 56.13' 67.50'56.86'47.00'67.50'47.00'67.50'47.00'67.50'47.00'67.50'PARK 01BLOCK 8LOT 373172 sq.ft.BLOCK 8LOT 363172 sq.ft.BLOCK 8LOT 353172 sq.ft.BLOCK 8LOT 343172 sq.ft.BLOCK 8LOT 33172 sq.ft.BLOCK 8LOT 23173 sq.ft.BLOCK 8LOT 133172 sq.ft.BLOCK 8LOT 93173 sq.ft.BLOCK 8LOT 13847 sq.ft.BLOCK 8LOT 123172 sq.ft.BLOCK 8LOT 83173 sq.ft.BLOCK 8LOT 183848 sq.ft.BLOCK 8LOT 113172 sq.ft.BLOCK 8LOT 73173 sq.ft.BLOCK 8LOT 173172 sq.ft.BLOCK 8LOT 103172 sq.ft.BLOCK 8LOT 63173 sq.ft.BLOCK 8LOT 163172 sq.ft.BLOCK 8LOT 53173 sq.ft.BLOCK 8LOT 153172 sq.ft.BLOCK 8LOT 43173 sq.ft.BLOCK 8LOT 143172 sq.ft.BLOCK 8LOT 233173 sq.ft.BLOCK 8LOT 223172 sq.ft.BLOCK 8LOT 283172 sq.ft.BLOCK 8LOT 213172 sq.ft.BLOCK 8LOT 273172 sq.ft.BLOCK 8LOT 203172 sq.ft.BLOCK 8LOT 263172 sq.ft.BLOCK 8LOT 193847 sq.ft.BLOCK 8LOT 253172 sq.ft.BLOCK 8LOT 243172 sq.ft.BLOCK 8LOT 383847 sq.ft.O.S. TRACT 04 4050 sq.ft. STORMWATER TRACT 13 3648 sq.ft.O.S.TRACT 121368 sq.ft.LOT8A2479 sq.ft.LOT8B2479 sq.ft.LOT9B2479 sq.ft.LOT9A2479 sq.ft.LOT10B2479 sq.ft.LOT10A2479 sq.ft.LOT1B2487 sq.ft.LOT2A2487 sq.ft.LOT2B2487 sq.ft.LOT3A2487 sq.ft.LOT3B2487 sq.ft.LOT1A2487 sq.ft.N16°28'1 3 " W 1 3 2 . 5 5 'N90°00'00"E60.00'N90°00'00"WN0°00'00"EN90°00'00"E274.00'N90°00'00"W34.54'R=810.00'L=42.05'Δ=2°58'28"N87°01'32"W121.15'R=720.00'L=37.38'Δ=2°58'28"N90°00'00"W47.85'STORMWATERR =530.0 0' L =15 2.3 6 ' Δ =16 °2 8 '13 " N0°00'00"E 378.63' N0°00'00"E 60.00'85.00'85.00'60.00'38.00'30.00'S0°58'19"E 60.01' 20.00'47.00'80.00'15.38'C1619.64'C17 54.07'31.08'80.00'31.08'31.08'80.00'31.08'80.00'31.08'31.08'31.08'80.00'31.08'31.08'80.00'31.08'31.08'80.00'31.08'31.08'79.76'31.08'79.76'31.08'31.08'79.76'31.08'31.08'79.76'31.08'31.08'79.76' 79.76'31.08'31.08'31.08'79.76'31.08'15.38'5.38'82.78'C31S78°41'34"W 60.24'S16°28'13"E48.54'N16°28'13"W33.49'N90°00'00"E608.00'N90°00'00"E303.89'N90°00'00"W201.88'N90°00'00"E608.00'S0°00'00"E 408.11' R =5 0 0.00' L=14 3.73' Δ =16°28'13" S16°28'1 3 " E 168.75'PARCEL CURVE DATASEGMENTC9C10C13C16C17C31LENGTH11.3711.3780.7719.3063.4613.48RADIUS530.00470.00530.00260.00470.00240.00DELTA001° 13' 46.28"001° 23' 11.44"008° 43' 52.15"004° 15' 11.63"007° 44' 09.19"003° 13' 02.40"PLOTTED DATE: Feb/20/2025 PLOTTED BY: cooperkrauseDRAWING NAME: P:\6787\007-Ph_2.2+2.3\ACAD\Survey\Final Plat\6787.007_NWX-PH-2.2-FinalPlat.dwg1/4 SEC.SECTIONTOWNSHIPRANGEPROJ. #:SHEET OFCOUNTY,DATE:SCALE:CLIENT:FIELD WORK:DRAWN BY:CHECKED BY:©COPYRIGHT MORRISON-MAIERLE, INC.,2025engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.670232.GALLATIN6787.0071"=50'12/2024JCWJCHMMI 5E 2S 4 NEBASIS OF BEARINGBobcat Coordinate System, NAD83(2011) per the"Rocky Mountain Tribal Coordinate ReferenceSystem" Handbook and User Guide, PublishedSeptember 30th, 2014 and subsequent revisions,established by observations with survey-gradeGNSS receivers.DAYSPRING AVE. (60')BRIARWOOD LANE (60')TOUCHSTONE LANE (60')HARVEST PARKWAY (71')BLOCK 8BLOCK 8BLOCK 10BLOCK 11COTTONWOOD ROAD (120')ALLEY (20')PHASE 2.1BOUNDARYPHASE 2.1BOUNDARYLOT 3NORTHWESTCROSSINGSUB. PH. 1LOT 2NORTHWEST CROSSINGSUB. PH. 1LOT 1NORTHWEST CROSSINGSUB. PH. 1LOT 14NORTHWEST CROSSINGSUB. PH. 1FINAL PLAT ofNORTHWEST CROSSING SUBDIVISION PHASE 2.2KEY NOTES : EASEMENTSGROUNDWATER DRAIN EASEMENTS DOC# _________________ DOC# _________________GROUNDWATER DRAIN EASEMENTS DOC# _________________ DOC# _________________10' PUBLIC UTILITY EASEMENT PER THIS PLAT213TWIN LAKES AVENUE (60')ROSA WAY (60')30.0' PUBLIC UTILITYEASEMENT (TYP.)COMPASS LANE (60')RESTRICTED LOT2A-17.61 ACRESRESTRICTED LOT4A7.54 ACRESRESTRICTED LOT3A-110.76 ACRESBRIARWOOD LANE (60')33TEMPORARYACCESS AND STORMWATER EASEMENTDOC..______________TEMPORARY ACCESS,WATER AND SEWEREASEMENTDOC..______________TEMPORARY ACCESS,WATER AND SEWEREASEMENTDOC..______________TEMPORARY ACCESS,WATER AND SEWEREASEMENTDOC..______________TEMPORARY ACCESS,WATER AND SEWEREASEMENTDOC..______________TEMPORARY ACCESS,WATER AND SEWEREASEMENTDOC..______________TEMPORARY ACCESS,WATER AND SEWEREASEMENTDOC..______________LEGENDSet a rebar 5/8" diam., with anorange plastic cap, "MMI 16411LS".Found 2" diam. AC "12251 LS" per C.C.R. Book 5Page 474. Document # 2671918Found 2 diameter MDT A.C. perC.C.R. Book 3, Page 922.Document No. 2294184Calculated point - Not SetFound 2" diameter AC per C.C.R. Book 4,Page 276. Document No. 2412303.60.0' PUBLIC STREET ANDUTILITY EASEMENTDOC. No. 2782198BEING RESTRICTED LOT 1A-1 OF THE AMENDED PLAT OFNORTHWEST CROSSING SUBDIVISION PLAT J-736-A , LOCATED IN THE NE1/4 OF SECTION 4, TOWNSHIP 2SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.121113333360.0' PUBLIC STREET AND UTILITYEASEMENT DOC. 2782201.NORTHWEST CROSS INGSUB. PH . 2 .1 PLAT J -736NORTHWEST CROSS INGSUB. PH . 2 .1 PLAT J -736(R1) Amended Plat Northwest Crossing Subdivision, Plat J-736-A132 PLOTTED DATE: Feb/20/2025 PLOTTED BY: cooperkrauseDRAWING NAME: P:\6787\007-Ph_2.2+2.3\ACAD\Survey\Final Plat\6787.007_NWX-PH-2.2-FinalPlat.dwg1/4 SEC.SECTIONTOWNSHIPRANGEPROJ. #:SHEET OFCOUNTY,DATE:SCALE:CLIENT:FIELD WORK:DRAWN BY:CHECKED BY:©COPYRIGHT MORRISON-MAIERLE, INC.,2025engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718Phone: 406.587.0721Fax: 406.922.670233.GALLATIN6787.00712/2024JCWJCHMMI 5E 2S 4 NECONDITIONS OF APPROVAL SHEET forConditions of Approval:Buyers of property should ensure that they have obtained and reviewed all sheets of the plat and alldocuments recorded and filed in conjunction with the plat and buyers of property are stronglyencouraged to contact the local planning department and become informed of any limitations on the useof the property prior to closing.The undersigned property owner acknowledges that there are federal, state, and local plans, policies,regulations, and/or conditions of subdivision approval that may limit the use of the property, includingthe location, size, and use.1.All street rights-of-way contiguous to or within the proposed development site not used forstreet pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall belandscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopytree for each 50 feet of total street frontage rounded to the nearest whole number. For streettrees, a City of Bozeman planting permit for street trees and obtaining utility locations beforeany excavation begins in the City of Bozeman right-of-way. The subdivision landscape plansshall contain a planting note stating that the planting hole shall be at least twice the diameter ofthe root ball, that the root flare of the newly planted tree is visible and above ground, and thereshall be a mulch ring 3'- 4' in diameter around each newly planted boulevard tree.2.City standard sidewalks (including a concrete sidewalk section through all private driveapproaches) shall be constructed on all public and private street frontages prior to occupancy ofany structure on individual lots. Upon the first (second with concurrent construction) anniversaryof the plat recordation of any phase of the subdivision, any lot owner who has not constructedthe required sidewalk shall, without further notice, construct within 30 days, the sidewalk fortheir lot(s), regardless of whether other improvements have been made upon the lot.3.Ownership of all common open space areas and responsibility of maintenance thereof and forcity assessments levied on the common open space lands shall be that of the property owners'association. Maintenance responsibility must include, in addition to the common open space allvegetative ground cover, boulevard trees and irrigation systems in the public right-of-wayboulevard strips along all external perimeter development streets and as adjacent to publicparks or other common open space areas. All areas within the subdivision that are designatedherein as common open space, including pathways, are for the use and enjoyment by theresidents of the development and the general public. The property owners' association isresponsible for levying annual assessments to provide for the maintenance, repair, and upkeepof all common open space areas and trails. At the same time of recording the final plat thesubdivider shall transfer ownership of all common open space areas to the property owners'association created by the subdivider to maintain all common open space areas within theSubdivision.4.Maintenance of stormwater infrastructure is the responsibility of the property owners'association.5.Due to the potential of high groundwater tables in the areas of the subdivision, it is notrecommended that residential dwellings or other structures with full or partial basements beconstructed without first consulting a professional engineer licensed in the State of Montanaand qualified in the certification of residential and commercial construction.6.The property owners' association is responsible for maintenance of the alleys and the parkingareas in the open space adjacent to the alleys.7.The property owners' association is responsible for maintenance of any lighting located outsideof public street rights-of-ways.8.The property owners' association is responsible for maintenance of all stormwater infrastructurelocated outside public street rights-of-way.9.Pursuant to BMC Sec. 38.410.130.C.2. The City Water adequacy requirement had beendeferred to future site development for all restricted lots. Prior to future development approvalcompliance with the City’s water adequacy requirements must be met.10.The groundwater de-watering system (drain tile) is owned and maintained by the propertyowners' association.11.Development on all OPEN SPACE is subject to further subdivision review.12.Snow removal from sidewalks within parks that serve as primary egress from private lots is theresponsibility of the property owners association.State of ____________________________________County of ___________________________________On this ________________ day of ___________________________, 2024, before me, the undersigned NotaryPublic for the State of _____________________ personally appeared _______________________, known to meto be a Member of WH Bozeman NWX 358 LLC and acknowledged to me that said Inc. executed the same.Notary Public in and for the State of ___________________Printed Name _____________________________________Residing at _______________________________________My commission expires _____________________________Signature ________________________________________FINAL PLAT ofNORTHWEST CROSSING SUBDIVISION PHASE 2.2Record Documents:Document No. _______________ - Groundwater Drain- Restricted Lot 2A-1Document No. _______________ - Groundwater Drain- Restricted Lot 2A-1Document No. _______________ - Groundwater Drain- Restricted Lot 4ADocument No. _______________ - Groundwater Drain- Restricted Lot 4ADocument No. _______________ - Temporary Groundwater Drain- Restricted Lot 4ADocument No. _______________ - Temporary Access, Water, and Sewer Easement - AlleyDocument No. _______________ - Temporary Access, Water, and Sewer Easement - Briarwood LaneDocument No. _______________ - Temporary Access, Water, and Sewer Easement - Compass LaneDocument No. _______________ - Temporary Access, Water, and Sewer Easement - Touchstone LaneDocument No. _______________ - Temporary Access, Water, and Sewer Easement - Touchstone Future Phase WestDocument No. _______________ - Temporary Access, Water, and Sewer Easement - Touchstone Future Phase EastDocument No. _______________ - Temporary Access and Storm Water EasementCERTIFICATE OF COMPLETION OF WATER-RELATED IMPROVEMENTSI, _____________________, hereby certify that the following improvements, necessary to meet therequirements of chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of TheFinal Plat of Northwest Crossing Subdivision, Phase 2.2, have been installed in conformance with theapproved plans and specifications, or financially guaranteed and covered by the improvementsagreement accompanying this plat.Installed Improvements: N/AFinancially Guaranteed Improvements: Park 01 IrrigationSystemThe subdivider hereby warrants said improvements against any and all defects for a period of twoyears from the date of acceptance by the City of Bozeman. The subdivider hereby grants ownership ofall public infrastructure improvements to the City of Bozeman and the city hereby accepts ownership ofall public infrastructure improvements, subject to the above indicated warranty.__________________ ____________________________Signature of SubdividerDated___________________ ____________________________Signature, Director of Transportation and EngineeringDatedNOTIFICATIONS AND CERTIFICATIONS(I), (We), the undersigned property owner(s), do hereby certify that the text and/or graphics shownon the Conditions of Approval sheet(s) represent(s) requirements by the governing body for final platapproval and that all conditions of subdivision application have been satisfied.(I), (We), the undersigned property owner(s), do hereby certify that the information shown is currentas of the date of this certification, and that changes to any land-use restrictions or encumbrancesmay be made by amendments to covenants, zoning regulations, easements, or other documents asallowed by law or by local regulations.(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) acknowledge thatfederal, state, and local plans, policies, regulations, and/or conditions of subdivision approval maylimit the use of the property, including the location, size, and use as shown on the Conditions ofApproval sheet or as otherwise stated. Buyers of property should ensure that they have obtainedand reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat.Buyers of property are strongly encouraged to contact the local planning department and becomeinformed of any limitations on the use of the property prior to closing.DATED this _______ day of _______, _______.(Acknowledged and notarized signatures of all record owners of platted property)CERTIFICATE ACCEPTING CASH DONATION IN-LIEU OF LAND DEDICATIONFinding full dedication of parkland within the platted area of Northwest Crossing Phase 2.2 would be undesirable for park and playground purposes, it is hereby ordered by the citycommission of the City of Bozeman, that partial land dedication for park purposes be waived and that improvements-in-lieu, in the amount of $120,650, be accepted in accordance withthe provisions of the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code.DATED this _______ day of _______, _______.____________________________SignatureCity of Bozeman Director of Parks and RecreationBEING RESTRICTED LOT 1A-1 OF THE AMENDED PLAT OFNORTHWEST CROSSING SUBDIVISION PLAT J-736-A , LOCATED IN THE NE1/4 OF SECTION 4,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATINCOUNTY, MONTANA.CERTIFICATE OF COMPLETION OF NON-PUBLIC IMPROVEMENTSWe, WH Bozeman NWX 358 LLC, hereby certify that the following non-public improvements, required to meet therequirements of chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of The Final Plat ofNorthwest Crossing Subdivision, Phase 2.2, have been installed in conformance with any approved plans andspecifications prepared in accordance with the standards of Chapter 38 or other City design standards, or havebeen financially guaranteed and are covered by the subdivision improvements agreement accompanying andrecorded with this plat.Installed Improvements: Stormwater Ponds, Common Open SpaceFinancially Guaranteed Improvements: Landscaping and IrrigationWe, WH Bozeman NWX 358 LLC, hereby warrant said improvements against any and all defects for a period oftwo years from the date of acceptance by Northwest Crossing Residential Owners. Unless specifically listed in theCertificate of Dedication, the city accepts no responsibility for maintaining the same.The subdivider hereby grants ownership of all non-public infrastructure improvements to the property ownersassociation created by document number 2817730.WH Bozeman NWX 358 LLC,a Delaware limited liability companyBy: Williams Communities, LLC,a California limited liability companyIts ManagerBy:________________________________________ ___________________________________ Lance K. Williams, Dated CEO, President and Chairman133 MEMORANDUM ---------------------------------------------------------------------------------------------------------- TO: KELLEY RISCHKE, ASSISTANT CITY ATTORNEY FROM: DANIELLE GARBER, SENIOR PLANNER RE: FINAL PLAT REVIEW FOR THE NORTHWEST CROSSING (NWX) PHASE 2.2 SUBDIVISION FINAL PLAT, PLANNING FILE NO. 24386 DATE: JULY 3, 2025 ---------------------------------------------------------------------------------------------------------- Williams Homes (Applicant), also known as WH Bozeman NWX 358, LLC (Property Owner) made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Northwest Crossing Phase 2.2 Subdivision Final Plat to create 45 single household lots, 1 city park, 3 open space and stormwater tracts, 3 restricted development lots, and all associated easements and rights of way on 7.09 acres. Attached is a copy of the Findings of Fact and Order from Preliminary Plat Application, number 22129 for Northwest Crossing Phase 2 Subdivision. The Commission approved the preliminary plat for the subdivision 4-0 on February 7, 2023. The Commission approved the Findings of Fact and Order on March 7, 2023. Major multi-phased subdivision approvals are valid for three years plus extensions. Three Improvements Agreements are required for this subdivision for the following improvements: Sidewalks, Parks, and Landscaping & Irrigation of Public Lands. Based on the summary review provided below, the Engineering and Planning Divisions have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the Final Plat application may be approved by the City Commission. The documents listed below are attached for your review. The Engineering Department has also reviewed and approved the “closure” of the final plat. The Community Development staff respectfully requests that you prepare City Attorney's Certificates using the attached original Platting Certificates as updated; approve the Certificates of Director of Public Works, Director of Parks and Recreation, Director of Community Development, and Certificates of Improvements "as to form". The final City signatures will be obtained once the City Commission has approved the final plats. The mylar packet was submitted to the Community Development Department on April 26, 2025 and corrections were provided to the applicant following legal review. The enclosed updated mylar packet was delivered on June 25, 2025 and it will not be deemed complete until it is reviewed by the City Attorney’s Office. The final plat review must complete review within a 45-day (working days) review period following a 134 Page 2 of 3 complete submittal. The project is tentatively scheduled for the July 15, 2025 City Commission meeting. Attachments: Two (2) Mylar Final Plats – changes to certificates made by hand: • Updated Certificate of Completion of Water Related Improvements • Updated Certificate of Acceptance of Dedication Subdivision guarantee Power of Attorney Improvements Agreements (original signed) as listed below – DRAFT revised improvements agreements as detailed below included in packet, original signed IAs and the additional cash guarantees will be provided prior to City Commission Review: • Agreement with WH Bozeman NWX 358 LLC for sidewalks as described in the attached estimates. (Bond PB 03010410491 - $188,308.88) • Agreement with WH Bozeman NWX 358 LLC for the park sidewalks, landscaping, irrigation, site furnishings, grading, and shade structures in Park 01 as described in the attached estimates. (Bond PB 03010410492 - $425,379.00) o Updated Financial Guarantee Total for Park 01 Improvements to now include the required City Water Meter Installation for the park. New total is $466,066.50 with the above bond still being utilized plus a cash financial guarantee in the amount of $40,687.50. • Agreement with WH Bozeman NWX 358 LLC for public landscaping as described in the attached estimates. (Bond PB 03010410490 - $300,552.00) o Updated Financial Guarantee Total for Open Space and Boulevard improvements to now include two required City Water Meter Installs in Open Space Tract 4 and Stormwater Tract 13. New total is $381,927.00 with the above bond still being utilized plus a cash financial guarantee in the a mount of $81,375.00. Warranty Deed Open Space to Northwest Crossing Residential Owners Sub-Association Phase 2: • Open spaces 12, Block 11 • Open space 4, Block 8 • Updated RTC to include the correct Part 7 – Water Right Disclosure. Quit Claim Deed to Northwest Crossing Residential Owners Sub-Association Phase 2: • Stormwater tract 13, Block 11 • Updated RTC to include the correct Part 7 – Water Right Disclosure. Warranty Deed Park 01 to City of Bozeman: • Park 01, Block 5 • Updated RTC to include the correct Part 7 – Water Right Disclosure. Groundwater Drain Easements (copies) as listed below; the original easements are with Simon Lindley in Engineering: • Utility and Access Easement and Agreement on a portion of Restricted Lot 2A-1 • Utility and Access Easement and Agreement on a portion of Restricted Lot 2A-1 • Utility and Access Easement and Agreement on a portion of Restricted Lot 4A • Utility and Access Easement and Agreement on a portion of Restricted Lot 4A Easements (copies) as listed below; the originals are with Simon Lindley in Engineering: 135 Page 3 of 3 • Temporary access, water and sewer easement on a portion of Restricted Lot 2A-1 (alley) • Temporary access, water and sewer easement on a portion of Restricted Lot 2A-1 (Briarwood Lane) • Temporary access, water and sewer easement on a portion of Restricted Lot 2A-1 (Compass Lane) • Temporary access, water and sewer easement on a portion of Restricted Lot 2A-1 (Touchstone Lane) • Temporary access, water and sewer easement on a portion of Restricted Lot 3A-1 • Temporary access, water and sewer easement on a portion of Restricted Lot 3A-1 • Temporary access, water and sewer easement on a portion of Restricted Lot 4A Northwest Crossing Subdivision Phase 2 Sub-association Declaration and CCR’s 22129 City Commission Findings of Fact and Order Original MFE 136 137 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign a Building Code Enforcement Program Agreed Upon Procedures Engagement Letter for Fiscal Year 2025 MEETING DATE:July 22, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve the authorization of the City Manager to sign the Building Inspection Agreed Upon Procedures Engagement Letter for Fiscal Year 2025. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Administrative Rule (ARM) 24.301.208 requires an independent auditor to perform and Agreed-Upon Procedures (AUP) engagement for compliance over the building code enforcement program. The AUP engagement letter for fiscal year 2025 is with the audit firm Eide Bailly, LLP. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None, this agreement is included in the annual audit budget. Attachments: City of Bozeman_2025_Engagement Letter_Building Inspection AUP.pdf Report compiled on: June 26, 2025 138 What inspires you, inspires us. | eidebailly.com 7001 E. Belleview Ave., Ste. 700 | Denver, CO 80237-2733 | TF 866.740.4100 | T 303.770.5700 | F 303.770.7581 | EOE 1 June 26, 2025 Honorable Mayor and Members of City Commission City of Bozeman 121 N Rouse Ave Bozeman, MT 59715 This letter sets forth our understanding for applying agreed-upon procedures to the City of Bozeman’s (the “City”) adherence to Administrative Rule (ARM) 24.301.208 building code of for the period ended June 30, 2025. The City is responsible for adherence to Administrative Rule (ARM) 24.301.208. This engagement is solely for the purpose of reporting our findings regarding the adherence to Administrative Rule (ARM) 24.301.208 (see Attachment A to this agreement for specific details). This report is intended for use by: City of Bozeman and the Montana State Department of Labor and Industry and is expected to be restricted to the use of these specified parties. Prior to the completion of the engagement, you agree to provide us with written agreement and acknowledgment that the procedures performed are appropriate for the intended purpose of the engagement as noted above. As part of our engagement, we will request from management, written confirmation concerning representations made to us in connection with the agreed upon procedures. This will include confirmation that we have obtained from all necessary other parties’ agreement to the procedures and acknowledgement that the procedures performed are appropriate for their purposes. You agree to provide such confirmation. Our Responsibilities The objective of our engagement is to: a)Apply specific procedures to the Building Code Enforcement Program (the “subject matter”). b)Issue a written report that describes the procedures applied and our findings without providing an opinion or conclusion on the subject matter. c)Communicate further as required by professional standards applicable to an agreed-upon procedures engagement. We will apply the following procedures: See Attachment A 139 2 We will conduct our engagement in accordance with the attestation standards for agreed-upon procedures engagements established by the American Institute of Certified Public Accountants. We are responsible for carrying out the procedures and reporting findings in accordance with these standards. We are not engaged to, and will not, conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the subject matter. Accordingly, we will not express an opinion or conclusion. We have no responsibility to determine the differences between the procedures to be performed and the procedures that we would have determined to be necessary had we been engaged to perform another form of attestation engagement. The procedures that we perform pursuant to the agreed-upon procedures engagement may be more or less extensive than the procedures that we would determine to be necessary had we been engaged to perform another form of engagement. Your Responsibilities The engagement to be performed will be conducted on the basis that you acknowledge and understand that our role is to perform an agreed-upon procedures engagement in accordance with attestation standards established by the AICPA and that you acknowledge and understand that you have responsibility: a)for the subject matter; b)to agree to and acknowledge that the procedures described in the attachment to this letter are appropriate for adherence to Administrative Rule of Montana (ARM) 24.301.208; and c)to provide us, prior to the completion of the engagement, with a letter that confirms certain representations made to us during the course of the engagement. If any modifications, including any additions or subtractions, are made to the procedures described in the attachment to this letter, you will agree to the procedures performed and acknowledge that such procedures are appropriate for the intended purpose of the engagement. Our Report Upon completion of our engagement, we will issue a written report. Our report will list the procedures performed and our findings. Our report will be addressed to the City and will be intended for use by and restricted to the use of the specified parties as identified above. Our report will contain such restricted-use language. Our report will state the intended purpose of the engagement and will include a statement that you agreed to and acknowledged that the procedures are appropriate to meet the intended purpose of the engagement. The report will state that it may not be suitable for any other purpose. Our report will include a statement that the procedures performed may not address all items of interest to the users of the report and may not meet the needs of all users of the report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes. Should we have any reservations with respect to the subject matter, we will discuss them with you before the report is issued. We have no responsibility to update our report for events and circumstances occurring after the date of our report. 140 3 Other Matters During the course of the engagement, we will only provide confidential engagement documentation to you via Eide Bailly’s secure portal or other secure methods, and request that you use the same or similar tools in providing information to us. Should you choose not to utilize secure communication applications, you acknowledge that such communication contains a risk of the information being made available to unintended third parties. Similarly, we may communicate with you or your personnel via e-mail or other electronic methods, and you acknowledge that communication in those mediums contains a risk of misdirected or intercepted communications. Should you provide us with remote access to your information technology environment, including but not limited to your financial reporting system, you agree to (1) assign unique usernames and passwords for use by our personnel in accessing the system and to provide this information in a secure manner; (2) limit access to “read only” to prevent any unintentional deletion or alteration of your data; (3) limit access to the areas of your technology environment necessary to perform the procedures agreed upon; and (4) disable all usernames and passwords provided to us upon the completion of procedures for which access was provided. We agree to only access your technology environment to the extent necessary to perform the identified procedures. Professional standards prohibit us from being the sole host and/or the sole storage for your financial and non- financial data. As such, it is your responsibility to maintain your original data and records and we cannot be responsible to maintain such original information. By signing this engagement letter, you affirm that you have all the data and records required to make your books and records complete. Janeen Hathcock is the engagement partner for the services specified in this letter. The engagement partner’s responsibilities include supervising services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the agreed-upon procedures report. Nonattest Services With respect to any nonattest services we perform, we agree to perform the following: • Complete the auditee’s portion of the Data Collection Form, if requested. We will not assume management responsibilities on behalf of the City. The City’s management understands and agrees that any advice or recommendation we may provide in connection with our engagement are solely to assist management in performing its responsibilities. The City’s management is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) establishing and maintaining internal controls, including monitoring ongoing activities. Our responsibilities and limitations of the nonattest engagement are as follows: • We will perform the services in accordance with applicable professional standards, including attestation standards for agreed-upon procedures engagements established by the American Institute of Certified Public Accountants. 141 4 • This engagement is limited to the agreed upon procedures previously outlined. Our firm, in its sole professional judgment, reserves the right to refuse to do any procedure or take any action that could be construed as making management decisions or assuming management responsibilities. Our fees are based on the amount of time required at various levels of responsibility, plus actual out-of-pocket expenses, administrative charges and a technology fee. Invoices are payable upon presentation. We estimate that our fee for the engagement will be $7,900. The ability to perform and complete our engagement consistent with the estimated fee included above depends upon the quality of your underlying accounting records and the timeliness of your personnel in providing information and responding to our requests. To assist with this process, we will provide you with an itemized request list that identifies the information you will need to prepare and provide in preparation for our engagement, as well as the requested delivery date for those items. A lack of preparation, including not providing this information in an accurate and timely manner, unanticipated adjustments, and/or untimely assistance by your personnel may result in an increase in our fees and/or a delay in the completion of our engagement. We may be requested to make certain engagement documentation available to outside parties, including regulators, pursuant to authority provided by law or regulation or applicable professional standards. If requested, access to such engagement documentation will be provided under the supervision of Eide Bailly LLP’s personnel. Furthermore, upon request, we may provide copies of selected engagement documentation to the outside party, who may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. We will be compensated for any time and expenses, including time and expenses of legal counsel, we may incur in making such engagement documentation available or in conducting or responding to discovery requests or participating as a witness or otherwise in any legal, regulatory, or other proceedings as a result of our Firm’s performance of these services. You and your attorney will receive, if lawful, a copy of every subpoena we are asked to respond to on your behalf and will have the ability to control the extent of the discovery process to control the costs you may incur. Should our relationship terminate before our agreed upon procedures are completed and a report issued, you will be billed for services to the date of termination. All bills are payable upon receipt. A service charge of 1% per month, which is an annual rate of 12%, will be added to all accounts unpaid 30 days after billing date. If collection action is necessary, expenses and reasonable attorney’s fees will be added to the amount due. We will maintain the confidentiality of your personal information and will apply procedures to protect against any unauthorized release of your personal information to third parties. We agree to retain our attest documentation or workpapers for a period of at least eight years from the date of our report. We may use third party service providers and/or affiliated entities (including Eide Bailly Shared Services Private Limited), whether located within or outside the United States, (collectively, “service providers”) in order to facilitate delivering our services to you. Our use of service providers may require access to client information by the service provider. We will take reasonable precautions to determine that they have the appropriate procedures in place to prevent the unauthorized release of confidential information to others. We will remain responsible for the confidentiality of client information accessed by such service provider and any work performed by such service provider. You acknowledge that your information may be disclosed to such service providers, including those outside the United States. 142 5 Neither of us may use or disclose the other’s confidential information for any purpose except as permitted under this engagement letter or as otherwise necessary for Eide Bailly to provide the services. Your confidential information is defined as any information you provide to us that is not available to the public. Eide Bailly’s confidential information includes our documentation for this engagement. Our documentation shall at all times remain the property of Eide Bailly LLP. The confidentiality obligations described in this paragraph shall supersede and replace any and all prior confidentiality and/or nondisclosure agreements (NDAs) between us. Eide Bailly LLP is a member of HLB International, a worldwide organization of accounting firms and business advisors, (HLB). Each member firm of HLB, including Eide Bailly LLP is a separate and independent legal entity and is not owned or controlled by any other member of HLB. Each member firm of HLB is solely responsible for its own acts and omissions and no other member assumes any liability for such acts or omissions. Neither Eide Bailly LLP, nor any of its affiliates, are responsible or liable for any acts or omission of HLB or any other member firm of HLB and hereby specifically disclaim any and all responsibility, even if Eide Bailly LLP, or any of its affiliates are aware of such acts or omissions of another member of HLB. Eide Bailly LLP formed The Eide Bailly Alliance, a network for small to mid-sized CPA firms across the nation. Each member firm of The Eide Bailly Alliance, including Eide Bailly LLP, is a separate and independent legal entity and is not owned or controlled by any other member of The Eide Bailly Alliance. Each member firm of The Eide Bailly Alliance is solely responsible for its own acts and omissions and no other member assumes any liability for such acts or omissions. Neither Eide Bailly LLP, nor any of its affiliates, are responsible or liable for any acts or omission of The Eide Bailly Alliance or any other member firm of The Eide Bailly Alliance and hereby specifically disclaim any and all responsibility, even if Eide Bailly LLP, or any of its affiliates are aware of such acts or omissions of another member of The Eide Bailly Alliance. MEDIATION Any disagreement, controversy or claim arising out of or related to any aspect of our services or relationship with you (hereafter a “Dispute”) shall, as a precondition to litigation in court, first be submitted to mediation. In mediation, the parties attempt to reach an amicable resolution of the Dispute with the aid of an impartial mediator. Mediation shall begin by service of a written demand. The mediator will be selected by mutual agreement. If we cannot agree on a mediator, one shall be designated by the Montana Eighteenth Judicial District Court, Gallatin County, Montana. Mediation shall be conducted with the parties in person in Bozeman, Montana. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. Neither party may commence a lawsuit until the mediator declares an impasse. LIMITATION OF LIABILITY The exclusive remedy available to you for any alleged loss or damages arising from or related to Eide Bailly’s services or relationship with you shall be the right to pursue claims for actual damages that are directly caused by Eide Bailly’s breach of this agreement or Eide Bailly’s violation of applicable professional standards. In no event shall Eide Bailly’s aggregate liability to you exceed ten times fees paid under this agreement, nor shall Eide Bailly ever be liable to you for incidental, consequential, punitive or exemplary damages. Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our engagement including our respective responsibilities. 143 6 We appreciate the opportunity to be your certified public accountants and look forward to working with you and your staff. Respectfully, __________________________ Janeen Hathcock, CPA Partner *************************************************************** RESPONSE: This letter correctly sets forth our understanding. Acknowledged and agreed on behalf of the City of Bozeman by: Name: _______________________________________________________________ Title: ________________________________________________________________ Date: ________________________________________________________________ 144 7 ATTACHMENT A Agreed Upon Procedures: 1)We will determine if the City’s accounting records fully document the collection and expenditure of all fees and charges related to the Building Code Enforcement Program during the 2025 fiscal year. 2)We will compare the financial information included in the 2025 “Annual Report” submitted to the State Building Codes Bureau to corresponding information in the City’s accounting records and verify the information was the same. 3)From selected fiscal year 2025 building permit application, we will compare permit fees charged to the permit fee schedule established by the City and approved by the State Building Codes Bureau, and we will verify that the fees were the same. 4)From the selected fiscal year 2025 building permit applications, we will compare the total building permit fee paid to the amount credited to the Building Code Enforcement Program, and we will verify that the amounts agree and that no portion of the fee was diverted to other functions of the government. 5)We will examine selected fiscal year 2025 expenditures and other charges made from Building Code Enforcement Program-related fees to determine that all were necessary and reasonable costs directly and specifically identifiable to the enforcement of building codes, (with the exception of indirect costs charged to the Building Code Enforcement Program- see procedures 7 and 8 below). 6)We will examine selected fiscal year 2025 expenditures from the Building Code Enforcement Program to determine if any portion of permit fees collected were used to support fire departments, planning, zoning, or other activities, except to the extent that employees of those programs provided direct plan review, inspection or other building code enforcement services for the Building Code Enforcement Program. If so, we will obtain documentation from the government that supports the performance of these direct services and that documents that these costs were apportioned to the Building Code Enforcement Program on a basis supported by time sheets. 7)For indirect costs allocated to the Building Code Enforcement Program in fiscal year 2025, we will verify that the basis used to allocate costs to the Building Code Enforcement Program was the same basis used to allocate indirect costs to other proprietary funds of the City, and we will verify that indirect costs waived for any other proprietary fund of the City were also waived for the Building Code Enforcement Program. 8)For indirect costs charged to the Building Code Enforcement Program in fiscal year 2025, we will verify that they were limited to those costs allowed under 2CFR200. 9)For transfers out of the Building Code Enforcement Program Fund in fiscal year 2025, we will obtain detailed documentation from the City that describes the purposes and eventual uses of these transfers, and we will verify that these purposes and uses were in accordance with allowable expenditures as addressed in the procedures performed above. 10)We will verify that 0.5% of fiscal year 2025 revenues from plan reviews and building permits (not including revenues from electrical, mechanical or plumbing permits) collected during the year were remitted to the State Department of Labor and Industry for the building codes education program. 11)We will determine whether the reserve account (fund balance) exceeds the amount needed to support the Building Code Enforcement program for thirty six months. If so, we will verify that the City has taken steps to reduce permit fees. 145 Memorandum REPORT TO:City Commission FROM:Shane Miller, Facilities Project Coordinator David Arnado, Facilities Superintendent Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with MSR Design for Bozeman Public Library Children's Room Renovation Design Services MEETING DATE:July 22, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Service Agreement with MSR Design for Bozeman Public Library Children's Room Renovation design services. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:In 2001, taxpayers approved a $4 million bond referendum for a library new facility; the money was used to purchase the 14.3-acre former Milwaukee Railroad property on East Main Street. After five years of fundraising and planning, a new 53,000 square foot Library opened at 626 East Main Street in November 2006. The new Library achieved a Leadership in Energy and Environmental Design (LEED) silver level certification, the first public building in the state to be certified LEED. The Library Children’s department is the one area of the Library that was left untouched during the recent 2022/23 renovation, due to lack of funds. It’s time to refresh and update the entire department due to heavy use for the last 18 years. The original furnishings, carpet, shelving, and equipment are worn out and have been “loved to death” by up to 10,000 children and their parents and caregivers who visit the department each month. In the last year (6/12/24-6/11/25) the Children's Room had 135,438 visitors. The north and west doors of the library recorded 324,882 visitors during that same period. 42% of the total visitors to the library came to the Children's Room. This Agreement will focus on the design of the project, with a subsequent construction contract to follow. MSR Design was selected following the City's procurement policy, with an Architectural Services Agreement 146 approved by the City's Legal Department. The Library Board of Trustees has approved the initial efforts to craft the design. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Costs associated with this Agreement ($62,000) will be paid using funds contributed by Gallatin County as part of annual allocation through an interlocal agreement with the Bozeman Public Library. Future construction costs will be funded by donor gifts through the Library Friends & Foundation. Attachments: Architectural Services Agreement - MSR.pdf Report compiled on: May 20, 2025 147 Professional Services Agreement for Architectural Services Page 1 of 8 PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT BOZEMAN LIBRARY CHILDRENS ROOM RENOVATION THIS AGREEMENT is made and entered into this _____ day of ____________, 20___ (“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, _MSR Design_, _______________, hereinafter referred to as “Consultant” or “Architect.” The City and Architect 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 hire Consultant as an independent contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Effective Date: This Agreement is effective upon the Effective Date and will expire on the _____ day of ____________, 20___, unless earlier terminated in accordance with this Agreement. 3. Scope of Work: Consultant will perform the work and provide the services in accordance with the requirements of the Scope of Services attached hereto. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Architect _Sixty-Two Thousand_ Dollars ($_62,000_) for services performed pursuant to the Scope of Services. In addition, production of reproducible record drawings will be billed at the hourly rate, not to exceed ______TBD__________ Dollars ($____TBD_____). Any alteration or deviation from the described work that involves additional costs above the Agreement amount will be performed by Architect after written request by the City, and will become an additional charge over and above the contract amount. The parties must agree in writing upon any additional charges. 148 Professional Services Agreement for Architectural Services Page 2 of 8 5. Consultant’s Representations: To induce City to enter into this Agreement, Architect makes the following representations: a. Architect 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, growth policies, adopted plans of the City, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Architect 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: The parties agree that Architect is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Architect 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. Architect is not authorized to represent the City or otherwise bind the City in any dealings between Architect and any third parties. Architect 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. Architect shall maintain workers’ compensation coverage for all members and employees of Architect’s business, except for those members who are exempted by law. Architect shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services Scoping Phase: $36,500.00 Cost Estimating: Scoping Phase: $3,500.00 Signage Design: $7,500.00 Community Engagement: Scoping Phase: $12,000.00 Teen Space Scoping Phase: $2,500.00 TOTAL $62,000.00 149 Professional Services Agreement for Architectural Services Page 3 of 8 rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Architect or Architect’s agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect 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 Architect or Architect’s agents or employees. Architect 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. 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 City be required to bring an action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below 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 Architect was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. The obligations of this Section shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Architect shall secure insurance coverage acceptable to the City and furnish to the City an accompanying certificate of insurance issued by a company authorized to do business in the State of Montana 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 150 Professional Services Agreement for Architectural Services Page 4 of 8 Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Architect commencing work. 8. Professional Service: Architect agrees that all services and work performed hereunder will be accomplished in a professional manner. 9. Compliance with Laws: Architect agrees to comply with all federal, state and local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA. Architect agrees to purchase a City business license. 10. Nondiscrimination and Equal Pay: The Architect agrees that all hiring by Architect of persons performing this Agreement shall be on the basis of merit and qualifications. The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Architect will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Architect shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Architect 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). Architect must report to the City any violations of the Montana Equal Pay Act that Architect has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Architect shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 11. Default and Termination: If either Party fails to comply with any condition of this Agreement at the time or in the manner provided for, the other Party, at its option, may terminate this Agreement and be released from all obligations if the default is not cured within ten (10) days after 151 Professional Services Agreement for Architectural Services Page 5 of 8 written notice is provided to the defaulting Party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting Party may bring suit for damages, specific performance, and any other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the Parties at the addresses set forth in the first paragraph of this Agreement. 12. Modification and Assignability: This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party, which are not contained in this written Agreement, may be considered valid or binding. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Architect may not subcontract or assign Architect’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. 13. Ownership and Publication of Materials: All reports, information, data, and other materials prepared by the Architect pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties, are jointly owned by the Architect and the City. The City has authority to release, publish or otherwise use, in whole or part, reports, information, data and other materials prepared by Architect pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties. Any re-use without written verification or adaptation by the Architect for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to the Architect. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the City. 14. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Shane Miller – Project Coordinator or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Architect 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. Architect’s Representative: The Architect’s Representative for the purpose of this Agreement shall be _Traci Lesneski_ or such other individual as Architect shall designate in writing. Whenever direction to or communication with Architect is required by this Agreement, such direction or communication shall be directed to Architect’s Representative; provided, however, that in exigent circumstances when Architect’s 152 Professional Services Agreement for Architectural Services Page 6 of 8 Representative is not available, City may direct its direction or communication to other designated Architect 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. 15. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana. 16. Reports/Accountability/Public Information: Architect agrees to develop and/or provide documentation as requested by the City demonstrating Architect’s compliance with the requirements of this Agreement. Architect 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 Architect pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Architect shall not issue any statements, releases or information for public dissemination without prior approval of the City. 17. 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. 18. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 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 153 Professional Services Agreement for Architectural Services Page 7 of 8 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. 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. 29. 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 **** 154 Professional Services Agreement for Architectural Services Page 8 of 8 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA MSR DESIGN By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: Traci Lesneski Print Title: CEO / Principal APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 155 510 Marquette Avenue South, Suite 200 Minneapolis, MN 55402 | 612.375.0336 msrdesign.com Dear Shane, MSR Design is pleased to present you with our proposal for design services related to the Bozeman Public Library Children’s Room project. We understand the project will consist of a renovation of the existing Children’s Room to better align with BPL’s goals for serving children and their caregivers. Scoping Phase To ground our design on a solid foundation we propose a visioning and scoping phase to identify the following: BPL staff needs and aspirations: During our in-person site visit we will hold interactive workshops with staff and key stakeholders to identify BPL’s aspirational vision for the project, operational needs, and establish a set of project priorities. Community needs and aspirations: We will hold a series of community engagement activities to identify community needs and aspirations for children and teen spaces and services. These may include interactive engagements associated with library storytime programs and after-school hours. Project Scope: Design interventions ranging from modest to larger in scope will be tested to understand how each can meet the project’s needs and aspirations. Furniture and shelving reuse: We will document and assess existing furniture and shelving and create a furnishings budget for new and reused furniture and shelving. Probable Project Cost: Martel Construction will provide high-level cost estimating for a range of design interventions. MSR Design will pair this information with estimates for FF&E and soft costs for a comprehensive project budget. With a solid understanding of needs, aspirations, and costs, the city and library will be well-positioned to identify the most appropriate scope for the future project(s). Design Services Once a project scope and budget have been defined, we will move into the design phases. To support the Bozeman Public Library Children’s Room renovation during design and construction, MSR Design will lead the following efforts: Prepare up to (3) design sub-options during Schematic Design for owner review. Issue SD drawing set to document project scope. Issue DD drawing set and narratives to document project scope. Update furniture and shelving budget at SD and DD phases. Work with Martel Construction to develop cost estimates at 100% DD. This will help us identify potential add or deduct alternates to be included in the bid set. Issue 100% Construction Documents & specifications to support bidding and permitting process. Work with Owner to obtain building code approval for the project. 3/26/2025 Shane Miller, Facilities Project Coordinator City of Bozeman 20 E. Olive Street, Office 014B Bozeman, MT 59715 Re: Bozeman Public Library Children’s Room | MSR Design Proposal 156 2 CA phase services: attend construction meetings, review submittals, RFIs, and payment applications, and prepare final punch list. Furnishings Design MSR Design will lead a comprehensive furnishings design effort starting in the scoping phase and running in tandem with the architectural design work. This will include: Update furnishings budget for new and reused furniture and shelving at SD and DD phases. Prepare up to (3) furnishing and shelving options for owner review. Coordinate a sit-test to test furnishings options prior to making final selections. This test will be held in our Minneapolis office. Prepare up to (3) finish and upholstery options selected furnishings for owner review. Develop FF&E specifications and procurement package. Assist owner with evaluating bids and purchase orders. (1) Punch list visit to assess furnishings and shelving installation. Signage Design MSR Design will lead a comprehensive signage design effort for the project to ensure that new signage in the Children’s Room is consistent with the existing library signage. This will include: Prepare design signage package for owner review, using the existing library signs as a template. This will include wayfinding and library collection signs. Code-required signage is included in the basic design services. Develop signage specifications and procurement package. Assist owner with evaluating bids and purchase orders. Signage shop-drawing review. (1) Punch list visit to review installation (assumed concurrent with furnishings punch visit). Teen Space Scoping Phase We understand that there is a desire from library staff to rethink the existing Teen Lounge. We propose a design effort during the Scoping Phase to prepare up to (3) design options for owner review to understand the potential scope and budget for these changes. Community Engagement Following the Engage Bozeman framework, we propose three community engagement touchpoints during the project. Each touchpoint will include participation at up to 3 community events to seek community input on the needs and aspirations for the project. Fee Proposal For the above noted efforts & services, MSR Design proposes a fixed fee for each scope as listed below: Scoping Phase: 36,500 Design Services: 144,000 Cost Estimating: Scoping Phase 3,500 DD Phase 4,500 Furnishings Design: 32,500 Signage Design: 7,500 157 3 Community Engagement: Scoping Phase 12,000 SD Phase Engagement 7,000 CD Phase Engagement 6,000 Teen Space Scoping Phase: 2,500 $ 256,000 MSR proposes the following to cover reimbursable expenses including printing, postage, and travel expenses: ten thousand dollars ($10,000). Fee Assumptions and Exclusions: This proposal is based upon the following assumptions: Our fees and process assume a construction budget of $800,000. We included basic Value Engineering (VE) add alternates and/or deduct alternates and will have these VE items estimated as part of the cost estimating exercise towards the end of the DD phase. Minor scope revisions and estimate reconciliation is included. The community engagement fee includes 3 public engagement touchpoints per the proposed schedule. We will hold regular online meetings with the core team during the design phases, as per the proposed schedule. We will make 1 in-person visit during the Scoping Phase and 2 in-person visits during the design phases. This fee assumes a construction length of 8 weeks in one phase. If the project scoping phase confirms there will be multiple phases, our team will update our fees accordingly. MSR Design will attend biweekly online field project meetings and will make a total of one (1) trip to the project site during the Construction Administration phase. SMA will be available for biweekly in-person site visits during this phase. The following services are excluded from this proposal, but can be provided as an additional service if scoping phase illustrates necessity: o Engineering services. The scope of the engineering services necessary for this project is undetermined at this time. We will provide a proposal for this work after the Scoping Phase. Hourly rates for the engineering staff are provided as an attachment. Costs to provide MEP engineering services related to adding a washer, dryer, and dishwasher would be approximately $7,000. Costs to provide structural and MEP engineering services related to adding a new entrance vestibule would be approximately $24,000. o Specifications book. The need for a full specifications book is undetermined at this time. After the Scoping Phase we will review the need for this service with the city. If the construction scope is minor, sheet specifications may suffice, this is what has been included in the design services fee. For a small project, hiring a specifications writer to develop a full specifications book can cost around $8,000. o Renderings and/or virtual reality walkthroughs for fundraising and external communications. Sketches and renderings to support the design process are included. o The proposal does not include attendance at Library Board or Foundation Board meetings. o As-built drawings of existing building conditions. 158 4 o Donor signage. If scoping phase illustrates this is necessary we will provide a fee for those services. o Experiential design / exhibit design. If scoping phase illustrates this is necessary we will provide a fee for those services. o Audiovisual design. If scoping phase illustrates this is necessary we will provide a fee for those services. o Design services to provide temporary workspace for personnel displaced during construction. o The A&E fee accommodates reasonable work pauses and schedule delays. Schedule delays beyond 30 days, up to three months in aggregate, may incur additional services depending on the total length of the delay, due to the costs to stop and restart our team. o Preparation of Record Documents. o Significant revisions to the floor plan or other significant aspects of the design after completion of Design Development Phase. o Energy modeling. o LEED administration and/or documentation. We are delighted to work with the City of Bozeman and Bozeman Public Library on this project. Please contact me if you have any questions related to this proposal and we can establish a time to review together. Sincerely, Kate Michaud, AIA, Director of Project Delivery 612.359.3258 | kate@msrdesign.com 159 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III SUBJECT:Authorize the City Manager to a Professional Services Agreement with Morrison Maierle, Inc., for the Lyman Reservoir Predesign Phase Services Project MEETING DATE:July 22, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to a Professional Services Agreement with Morrison Maierle, Inc., for the Lyman Reservoir Predesign Phase Services Project. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Lyman Reservoir was the City’s first water storage facility, originally constructed in 1889 as an integral component of the City’s original municipal water system. The reservoir has undergone various improvements since its original construction. In 1911 the reservoir was substantially enlarged to its current capacity of 5.4 million gallons (MG). In 2004, major improvements to the reservoir facility were completed. The 2004 improvements consisted of the following: extensive concrete slab and joint repairs; installation of a synthetic liner to prevent leakage; construction of a new vestibule roof system to fully enclose the reservoir; and construction of a new inlet control building, outlet control building, and chemical feed systems. The reservoir liner is beyond its useful life as evidenced by observed leakage rates from the liner underdrain. The investments made in 2004 for the new reservoir roof and control buildings have substantial useful life remaining; however, the reservoir’s concrete slabs are original construction dating back to 1889 and 1911 respectively. The City is faced with a major decision to pursue a capital rehabilitation project or proceed with construction of a new reservoir altogether. The predesign phase of the project will entail engineering analyses necessary to arrive at a project definition recommendation for subsequent engineering design and construction. The decision made must balance risks with life cycle costs, remaining useful life, and available funding to provide the best overall value to the City’s water utility and customer base. Morrison Maierle was selected to provide professional predesign phase 160 services for the Lyman Reservoir project pursuant to formal procurement action under Sec. 18-8-204 Montana Code Annotated. Due to technical complexities and the consequential nature of the project definition that will ultimately be implemented, the attached professional service agreement (PSA) scope of services focuses only on the predesign phase of the project. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The negotiated costs for the attached PSA totals $313,400. These costs are funded by Commission approved budget appropriations for capital improvement project W87. Current budget authority available for project W87 is $4,416,900. Adequate funding exists to cover the cost of the negotiated PSA. Note that project W87 also includes funding for work on the Lyman transmission main, which is the large diameter pipeline between the Lyman Reservoir and to its connection point with the south pressure zone at the intersection of Wallace and Tamarack. The available W87 project budget will be shared between the reservoir and transmission main improvements. A separate professional services agreement is currently being negotiated to complete a condition assessment of the Lyman transmission main that will be brought to the City Commission for authorization in the near future. Attachments: PSA - Lyman Creek Reservoir Project_20250715 v2.pdf Report compiled on: July 10, 2025 161 Professional Services Agreement – City of Bozeman Lyman Creek Reservoir Project Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2025, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Morrison-Maierle, Inc. with a mailing address of 2880 Technology Blvd West, Bozeman MT 59718, hereinafter referred to as “Engineer”. The City and Engineer 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 Engineer to perform for City professional services for the City of Bozeman Lyman Creek Reservoir Project (the “Project”). 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this agreement, as determined by the City. 3. Scope of Services: Engineer will perform the work and provide the services in accordance with the Scope of Services attached hereto as Exhibit A and by reference made a part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Engineer may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to Engineer’s Consultants, specialty contractors, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: City agrees to pay Engineer for the completion of the Scope of Services a cost not-to-exceed the amount of $313,400. a. The actual cost amount paid shall be equal to the cumulative hours charged to the Project by each class of Engineer’s personnel multiplied by the standard hourly rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses (defined in Section 9 of this Agreement) and any Engineer’s Consultant charges. Engineer’s Standard Hourly Rates and Reimbursable Expenses Schedule are attached hereto as Exhibit B and are by reference made a part of this Agreement. 162 Professional Services Agreement – City of Bozeman Lyman Creek Reservoir Project Page 2 of 12 b. The standard hourly rates charged by Engineer constitute full and complete compensation for Engineer’s services, including labor costs, overhead, and profit; the standard hourly rates do not include Reimbursable Expenses or Engineer’s Consultant charges. c. A detailed breakdown of the cost amount for the Scope of Services, including personnel hours directly assigned to each task and the estimated Engineer’s Consultant charges, is attached hereto as Exhibit C and, by reference, made a part of this Agreement. d. Engineer may alter the distribution of compensation between individual tasks of the Scope of Services to be consistent with services actually rendered but shall in no case exceed the cost not-to-exceed amount as set forth above. 5. Reimbursable Expenses: As defined in Section 9 of this Agreement, for completion of the Scope of Services and any approved Additional Services, Reimbursable Expenses shall be paid to the Engineer by the City in the actual amount of the expenses incurred per expense rates contained in the Engineer’s Reimbursable Expenses Schedule provided in Exhibit B. 6. Engineer’s Consultants: Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of 1.05. This factor shall cover Engineer’s overhead and profit associated with Engineer’s responsibility for the administration of such services and costs. 7. Additional Services: The City may request Engineer to perform any Project-related Additional Services not otherwise provided for in this Agreement. If the City requests such Additional Services, it shall so instruct the Engineer in writing, and the Engineer shall perform, or direct Engineer’s Consultants to perform, such work necessary to complete the Additional Services requested. The City and Engineer shall mutually agree upon a cost amount and basis of payment for any Additional Services prior to Engineer proceeding with such Additional Services. 8. Times of Payments: Engineer may submit monthly billing statements to the City. Billing amounts shall be based on the cumulative hours charged to each task of the Scope of Services during the billing period by each class of Engineer’s employees multiplied by the standard hourly rates for each applicable billing class, plus Reimbursable Expenses and Engineer’s Consultants’ charges and any approved Additional Services rendered. The billing statements shall include an estimated percent completion for each task at the time of billing. 9. Meaning of Terms: a. Additional Services: Additional Services means services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by the City where changes are due to causes beyond the Engineer’s control. Additional Services can also mean providing other 163 Professional Services Agreement – City of Bozeman Lyman Creek Reservoir Project Page 3 of 12 services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services. b. Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. c. Reimbursable Expenses: Reimbursable Expenses mean the actual expenses incurred by the Engineer or Engineer’s Consultants directly in connection with the Project pursuant to the expense rates contained in the Engineer’s Reimbursable Expenses Schedule provided with Exhibit B, such as expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized technology or software subscription charges; reproduction of reports, technical memoranda, drawings, renderings and similar Project-related items. d. Engineer’s Consultants: Engineer’s Consultants means any independent professional associates working on the Project that are not directly employed by Engineer and have rather been hired by Engineer to serve a particular role or offer a particular service for the Project. 10. Engineer’s Representations: To induce City to enter into this Agreement, Engineer makes the following representations: a. Engineer has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Engineer 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 in accordance with the professional standard of care; 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. 11. Independent Contractor Status/Labor Relations: The parties agree that Engineer is an independent Contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Engineer 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. Engineer is not authorized to represent the City or otherwise bind the City in any dealings between Engineer and any third parties. 164 Professional Services Agreement – City of Bozeman Lyman Creek Reservoir Project Page 4 of 12 Engineer 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. Engineer shall maintain workers’ compensation coverage for all members and employees of Engineer’s business, except for those members who are exempted by law. Engineer 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, Engineer 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 Engineer shall take shall be left to the discretion of Engineer; provided, however, that Engineer shall bear all costs of any related legal action. Engineer shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Engineer 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. 12. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Engineer 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 Engineer; or (ii) any negligent, reckless, or intentional misconduct of any of the Engineer’s agents. For the professional services rendered, to the fullest extent permitted by law, Engineer 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 Engineer or Engineer’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 165 Professional Services Agreement – City of Bozeman Lyman Creek Reservoir Project Page 5 of 12 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). Engineer’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 Engineer to assert its right to defense or indemnification under this Agreement or under the Engineer’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 Engineer was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Engineer 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, Engineer shall at Engineer’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 Engineer in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Engineer 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. Engineer 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 - $7,500,000 per claim; $7,500,000 annual aggregate. All of the policies and amounts above, except Professional Liability, shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a 166 Professional Services Agreement – City of Bozeman Lyman Creek Reservoir Project Page 6 of 12 primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Engineer commencing work. Engineer shall notify City within five (5) business days of Engineer’s receipt of notice that any required insurance coverage will be terminated or Engineer’s decision to terminate any required insurance coverage for any reason. 13. Termination for Engineer’s Fault: a. If Engineer 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 Engineer’s right to proceed with all or any part of the work (“Termination Notice Due to Engineer’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 13, Engineer shall be entitled to payment only for those services Engineer actually rendered. c. Any termination provided for by this Section 13 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 13, Engineer shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 14. 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 Engineer (“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 Engineer. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Engineer 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. Engineer shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. 167 Professional Services Agreement – City of Bozeman Lyman Creek Reservoir Project Page 7 of 12 c. In the event of a termination pursuant to this Section 14, Engineer is entitled to payment only for those services Engineer actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 14.c is the sole compensation due to Engineer for its performance of this Agreement. Engineer 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. 15. Limitation on Engineer’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Engineer under this Agreement, Engineer’s damages shall be limited to contract damages and Engineer 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 Engineer wants to assert a claim for damages of any kind or nature, Engineer 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 Engineer becoming aware of the facts and circumstances giving rise to the claim. In the event Engineer fails to provide such notice, Engineer shall waive all rights to assert such claim. 16. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Brian Heaston, P.E. 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, Engineer 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. Engineer’s Representative: The Engineer’s Representative for the purpose of this Agreement shall be James Nickelson or such other individual as Engineer shall designate in writing. Whenever direction to or communication with Engineer is required by this Agreement, such direction or communication shall be directed to Engineer’s Representative; provided, however, that in exigent circumstances when Engineer’s Representative is not available, City may direct its direction or communication to other designated Engineer personnel or agents. 168 Professional Services Agreement – City of Bozeman Lyman Creek Reservoir Project Page 8 of 12 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. 17. Permits: Engineer 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. 18. Laws and Regulations: Engineer 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. 19. Nondiscrimination and Equal Pay: The Engineer agrees that all hiring by Engineer of persons performing this Agreement shall be on the basis of merit and qualifications. The Engineer will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Engineer will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Engineer shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Engineer represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Engineer must report to the City any violations of the Montana Equal Pay Act that Engineer has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Engineer shall require these nondiscrimination terms of any of Engineer’s Consultants providing services under this Agreement. 20. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Engineer shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, 169 Professional Services Agreement – City of Bozeman Lyman Creek Reservoir Project Page 9 of 12 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. Engineer 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 Engineer shall be obligated to furnish such proof. The Engineer shall be responsible for instructing and training the Engineer's employees and agents in proper and specified work methods and procedures. The Engineer shall provide continuous inspection and supervision of the work performed. The Engineer is responsible for instructing its employees and agents in safe work practices. 21. Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both Parties hereto. Engineer may not subcontract or assign Engineer’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any of Engineer’s Consultants or assignees will be bound by all of the terms and conditions of this Agreement. 22. Reports/Accountability/Public Information: Engineer agrees to develop and/or provide documentation as requested by the City demonstrating Engineer’s compliance with the requirements of this Agreement. Engineer 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 Engineer pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Engineer shall not issue any statements, releases or information for public dissemination without prior approval of the City. 23. 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. 24. 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. 25. Taxes: Engineer is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 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 170 Professional Services Agreement – City of Bozeman Lyman Creek Reservoir Project Page 10 of 12 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. 27. Survival: Engineer’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 28. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 29. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 30. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 31. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 32. 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. 33. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 34. 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. 35. Standard of Care: In providing services under this Agreement, Engineer will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Engineer shall, at the City’s request, re- perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law. 171 Professional Services Agreement – City of Bozeman Lyman Creek Reservoir Project Page 11 of 12 36.Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. 37. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 172 Professional Services Agreement – City of Bozeman Lyman Creek Reservoir Project Page 12 of 12 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA ENGINEER BY: BY: Chuck Winn, City Manager Print Name: Travis Eickman, PE Print Title: Vice- President DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney 173 EXHIBIT A 174 July 10, 2025 Brian Heaston, PE City of Bozeman 20 E. Olive Street Bozeman, MT Re: City of Bozeman Lyman Reservoir Project – Engineering Predesign Phase Services Scope of Services Dear Mr. Heaston: Thank you for selecting the Morrison-Maierle/Allied Engineering Services, Inc. Team for the City of Bozeman Lyman Reservoir Project. We are pleased to provide you with this scope and fee proposal associated with the project. Project Description The Lyman reservoir was originally constructed in 1889 and has been modified several times since then. The existing polypropylene liner is leaking and the City is faced with the decision to either rehabilitate the existing reservoir or construct a new reservoir. The project will evaluate alternatives and complete predesign phase services for improvements to the Lyman Reservoir. There are three primary alternatives that will be evaluated: 1. Alternative 1 – Rehabilitate existing reservoir 2. Alternative 2 – Construct new reservoir at existing site 3. Alternative 3 – Construct new reservoir at upgradient site Potential sub-alternatives could include: · Construct smaller new reservoir at existing site and rehabilitate existing reservoir · Recirculation system for leakage water Scope of Services Our Professional Services Fees are based on the anticipated Scope of Services outlined below. Task 000 – Project Management · Contracting, accounting, and management of review personnel. · Regular check-in meetings Task 100 – Reservoir Inspection The purpose of this task will be to evaluate the condition of the existing reservoir structure and liner. The reservoir will be drained and dewatered by City staff. The liner will be removed in strategic locations and the underlying concrete will be inspected by Morrison Maierle. We will utilize a liner contractor to assist with cutting and patching of the liner. The liner contractor will also evaluate the overall liner and identify other areas needing repair for City consideration. 175 This task is further outlined as follows: · The liner contractor will cut and remove small portions of the liner and underdrain as directed by Morrison Maierle for evaluation and testing of the underlying concrete. Following the structural evaluation, they will reinstall the underdrain and patch these areas. o Portions of the liner will be removed in 12 locations to evaluate concrete on the bottom and sides of the reservoir and at the roof column footings. Preliminary locations are shown on Figure A. o Each portion will be approximately 5’ by 5’. o Morrison-Maierle will perform a visual inspection. Non-destructive Schmidt hammer testing to estimate compressive strength and phenolphthalein testing to estimate carbonation will be performed. o 2 days are budgeted for this sub-task. · The liner contractor will inspect the remainder of the existing liner and recommend items for immediate repair including baffles, seams, and seals around pipe and column penetrations. o 1 day is budgeted for this sub-task. · Repair other areas of the liner as directed by the City of Bozeman. o 2 days are budgeted for this sub-task. · We intend to work with Northwest Linings to inspect and repair the liner. The total estimate for this work includes mobilization, materials, equipment, labor, and reporting. · It will be important to schedule the liner contractor work well in advance to minimize the amount of time the reservoir is out of service. · The results of the liner evaluation will be documented in a technical memorandum. The Sourdough reservoir will be out of service this fall and is expected to be placed back into service around January 2026. The Lyman reservoir cannot be taken out of service while the Sourdough reservoir is out of service. It is anticipated that it will take approximately 6 to 8 weeks to drain and refill the Lyman reservoir. We anticipate 2 to 3 weeks for reservoir inspection. The total timeframe that the Lyman reservoir will be out of service is therefore two to three months. The reservoir needs to be placed back into service by April 15, 2026. The target timeframe for draining, inspecting, and restoring service will be mid-January through mid-April of 2026. Task 200 – Geotechnical Analysis A geotechnical analysis will be performed around the existing reservoir and adjacent to the existing reservoir. See below for a summary of the geotechnical work. Additional details can be found in the attached Allied Engineering Services Proposal for Geotechnical Services, dated June 27, 2025. Geotechnical work associated with Alternative 3 at the upgradient site is not proposed at this time. · Alternative 1 o Investigate existing embankment fill section with two borings/wells. o Borings will be located on north and south sides of embankment section. o Collect samples for lab testing, including soil classification and soil strength parameters. o Look for possible existing wells on north and south sides of existing reservoir. If these two wells cannot be found, drill two additional borings/install monitoring wells. 176 o Collect groundwater data in new wells and one, existing upslope well (which does exist). o Slope stability modeling of existing embankment. o Analyze existing stability under seismic loading and current GW conditions. o Determine if the embankment fill is stable or if (and what) improvements are needed. · Alternative 2 o Investigate the proposed tank site with two borings/wells. o The borings will be located on the upslope and down slope sides of the site. o The purpose of the two borings is to determine the soil stratigraphy across the site. o Collect and test soil samples as necessary (for soil classification and soil consolidation). o Model new tank depth relative to the existing soil strata (to identify soils under tank). o Provide preliminary recommendations for foundation support and/or improvement. o Given the tank will be buried or partially buried, slope stability should not be an issue. · Alternative 3 o Geotechnical work at the upgradient site is not proposed at this time. This item can be added to the contract if needed in the future. The geotechnical field work will occur in the fall of 2025. Groundwater monitoring will commence upon installation of the monitoring wells and conclude in the summer of 2026. Task 300 – Alternative Definition The purpose of this task will be to define the alternatives that will be evaluated in detail as part of the alternatives analysis. Tasks 100 and 200 will inform this effort. We will conduct a topographic survey of the existing site and conduct a high-level economic alternative analysis and work with the City to narrow down the list of alternatives for further analysis. The results of the analysis will be documented in a technical memorandum. This task will begin in late 2025 and be completed in the spring of 2026. Task 400 – Alternatives Analysis and Predesign Each alternative chosen for further analysis will be developed to a preliminary design level. A more thorough economic analysis will be performed for each alternative. It is assumed that two alternatives will be evaluated under this task. This task will be completed in the fall of 2026. 177 Estimated Professional Services Fees Based on our understanding of the Scope of Services outlined in this letter, the fees for each of the major tasks are estimated to be as follows: Task 000 Project Management $ 28,200 Task 100 Reservoir Inspection $ 61,100 Task 200 Geotechnical Analysis $ 126,100 Task 300 Alternative Definition $ 41,000 Task 400 Alternatives Analysis and Predesign $ 57,000 Total $ 313,400 We propose to perform the project on a time and material basis, not to exceed the total estimated professional services fees. The budget and scope will be tracked throughout the project duration. If it is determined that additional effort will be required as the existing reservoir and site is better understood, you will be notified so adjustments to scope and fee can be discussed. The Morrison- Maierle/Allied Team is excited to work with you on this project. If you have any questions, please don’t hesitate to contact me. Sincerely, Morrison-Maierle ______________________________ James Nickelson, PE Project Manager cc: File 178 REMOVE 5'X5' SECTION OF LINER AND UNDERDRAIN AND PATCH FOLLOWING CONCRETE EVALUATION. LOCATIONS APPROXIMATE (TYP OF 12) FIGURE A 179 June 27, 2025 James Nickelson Morrison-Maierle 2880 Technology Blvd. W. Bozeman, MT 59718 e-mail: jnickelson@m-m.net (Sent via email only) bhammerquist@m-m.net Re: Proposal for Geotechnical Services Lyman Reservoir Project – Engineering Predesign Phase City of Bozeman – Bozeman, MT Dear Mr. Nickelson: This proposal is for geotechnical services relating to the Engineering Predesign Phase Services for the City of Bozeman’s Lyman Reservoir Project. Our proposal is based on review of the RFQ information, review of existing site data and reports, a site visit on May 29, and correspondence with Morrison- Maierle on the scope of work and goals of the predesign phase project. We have divided our proposal into three alternatives, which match the three project alternatives. Separate scopes of work and costs are provided for each of the alternatives. The main assumption of this proposal is that all geotechnical drilling will occur at the same time, whether only Alternative 1 is selected, or Alternatives 1 and 2 are selected, or Alternatives 1, 2, and 3 are selected. By doing so, there will only be one mobilization cost by the driller and we can capitalize on some fieldwork efficiencies. Provided below are the three alternatives for the project: • Alternative 1: Rehabilitation of the Existing Reservoir o No (or limited) site improvements around the outside of the existing reservoir. • Alternative 2: New Concrete Tank at an Adjacent Site to the Existing Reservoir o This is termed as Option 1 – Down Slope Tank Site. • Alternative 3: New Concrete Tank at a Site about 0.75-mile Upslope of Existing Reservoir o This is termed as Option 2 – Upslope Tank Site. 180 James Nickelson June 27, 2025 Proposal for Geotechnical Services Lyman Reservoir Project – Bozeman, MT Page 2 Time and Materials Proposal As you and I have discussed and based on your preliminary discussions with the City, we are proposing to do our geotechnical work on a time and materials (T/M) basis. We believe that this is the fairest approach for all parties and ensures that all of our incurred costs will be covered, given that we do not know how long drilling will take, our lab testing schedule will be dependent on the soil conditions that we encounter, and groundwater monitoring-related costs are unknown. In our opinion, a T/M approach allows for easier scope modifications, either additions or deletions, depending on the soil conditions, drilling time/depths, lab testing costs, GW monitoring time, and the City’s overall budget for the work. For the purposes of this proposal, we have aimed “high” on our estimates in hopes these will be top line budgetary figures; and that actual costs will be less. The AESI staff that will be working on this project generally have billing rates of $135/hour to $208/hour. In order to develop higher cost estimates and be on the conservative side, I have assumed that I will be handling alot of the geotechnical investigation, analysis, and report preparation. For this reason, I have used my billing rate of $208/hour for all of the estimating. For the drilling and monitoring well installation costs, we have reached out to Wiley Drilling for a cost estimate (based on an assumed scope of work). Their estimated costs are attached and are generally in the ballpark of $5,000 to $5,500 for each 50-foot borehole w/ monitoring well installed. As far as lab testing, we will be using Pioneer Technical Services. Their rate sheet is attached. Depending on testing, the per test costs will range from $150 to $200 for soil classification testing (gradations and Atterberg limits) to $450 to $500 for consolidation testing to $500 to $1,500 for soil strength testing. Assumptions for this Proposal Provided below are some our assumptions for this proposal: • Four, 50-foot deep borings for Alternative 1. Each boring will take about 8 hours (conservative). • Two, 50-foot deep borings for Alternative 2. Each boring will take about 8 hours (conservative). • Two, 50-foot deep borings for Alternative 3. Each boring will take about 8 hours (conservative). • Samples will be taken at 2.5-foot intervals, but may increase to 5.0-foot (to reduce drill time). • All borings will be completed with 2” groundwater monitoring wells w/ monument boxes. • Due to the required slope stability modeling of the existing downslope embankment fill section (for Alternative 1), our sub-contact lab testing costs will be higher to obtain the necessary soil strength parameters for input into model. We are budgeting $7,500. • For Alternatives 2 and 3, we are assuming less lab testing. We are budgeting $5,000. • GW monitoring will depend on the # of trips. We are budgeting $2,500 to $5,000 (for each alt.). 181 James Nickelson June 27, 2025 Proposal for Geotechnical Services Lyman Reservoir Project – Bozeman, MT Page 3 Estimated Time and Materials Costs (Summary) Provided below is a summary of our estimated T/M costs for Alternatives 1, 2, and 3. A more detailed breakdown of costs is provided later in the proposal: • Alternative 1: Rehabilitation of the Existing Reservoir o $69,500 (Includes sub-contract drilling and lab testing costs for four borings). • Alternative 2: New Concrete Tank at an Adjacent Site to the Existing Reservoir o $41,000 (Includes sub-contract drilling and lab testing costs for two borings). • Alternative 3: New Concrete Tank at a Site about 0.75-mile Upslope of Existing Reservoir o $38,500 (Includes sub-contract drilling and lab testing costs for two borings). Attachments to Proposal Provided below are the attachments to the proposal: • AESI standard T/M agreement. • MBMG geology map showing project sites and site geology. • Three site maps showing site locations and approximate borehole locations. • Email correspondence with Wiley Drilling re: estimated drilling and monitoring well costs. • Lab testing rate sheet from Pioneer Technical Services. List of AESI Sub-Contractors Provided below are the sub-contractors that AESI plans to use on the project: • Driller: Wiley Drilling • Lab Testing: Pioneer Technical Services Geotechnical Goals for Three Alternatives • Alternative 1: Rehabilitation of the Existing Reservoir o Investigate existing embankment fill section with two borings/wells. o Borings will be located on north and south sides of embankment section. o Collect samples for lab testing, including soil classification and soil strength parameters. o Look for possible existing wells on north and south sides of existing reservoir. 182 James Nickelson June 27, 2025 Proposal for Geotechnical Services Lyman Reservoir Project – Bozeman, MT Page 4 o If these two wells cannot be found, drill two additional borings/install monitoring wells. o Collect groundwater data in new wells and one, existing upslope well (which does exist). o Slope stability modeling of existing embankment. o Analyze existing stability under seismic loading and current GW conditions. o Determine if the embankment fill is stable or if (and what) improvements are needed. • Alternative 2: New Concrete Tank at an Adjacent Site to the Existing Reservoir o Investigate the proposed tank site with two borings/wells. o The borings will be located on the upslope and down slope sides of the site. o The purpose of the two borings is to determine the soil stratigraphy across the site. o Collect and test soil samples as necessary (for soil classification and soil consolidation). o Model new tank depth relative to the existing soil strata (to identify soils under tank). o Provide preliminary recommendations for foundation support and/or improvement. o Given the tank will be buried or partially buried, slope stability should not be an issue. • Alternative 3: New Concrete Tank at a Site about 0.75-mile Upslope of Existing Reservoir o Investigate the proposed tank site with two borings/wells. o The borings will be located on the upslope and down slope sides of the site. o The purpose of the two borings is to determine the soil stratigraphy across the site. o Collect and test soil samples as necessary (for soil classification and soil consolidation). o Model new tank depth relative to the existing soil strata (to identify soils under tank). o Provide preliminary recommendations for foundation support and/or improvement. o Given the tank will be buried or partially buried, slope stability should not be an issue. Project Understanding Provided below is our understanding of the project: • Most likely, the initial phase of project may only look at/compare/evaluate Alternative 1 and 2. • There is a good chance that Alternative 3 may not be considered at this time. • There is a high probability that no geotechnical fieldwork may be completed for Alternative 3. • Under Alternative 1, the intent would be to evaluate the existing stability of the embankment fill section, collect groundwater data for slope stability modeling, but also prior to and during draining of the reservoir, and rehabilitate the existing facility with a new impermeable liner. • Under Alternative 2 and 3, the new tank will be likely be a buried or partially buried, concrete reservoir. Only a portion of the front wall of the tank (on downslope side) may be exposed. 183 James Nickelson June 27, 2025 Proposal for Geotechnical Services Lyman Reservoir Project – Bozeman, MT Page 5 Mapped Geology A MBMG geology map for the Lyman Creek project area is attached. According to this map, all three sites (for Alternatives 1, 2, and 3) are underlain by alluvial fan materials (QTaf). These deposits generally consist of alternating layers/beds of silt/clay and sand/gravel that slope in the same orientation as the ground surface. The thickness of the alternating layers/beds will vary. Beginning about 0.25-mile to the northwest of the Alternative 3 site is s large, mapped deposit of debris flow materials (ie. landslide). • Note: The reason we are recommending drilling two borings at each of the Alternative 2 and 3 sites is to better map the sloping soil stratigraphy across the site. The main geotechnical issue may likely be achieving similar foundation bearing conditions across the large footprint area of the tank (from back to front), due to the sloping soil layers and the fact that the back of the tank will extend deeper into the ground (relative to the front of the tank). Based on our findings and evaluation, possible foundation bearing options may include over-excavation and replacement, geogrid reinforcement within a thick gravel section, a thick/reinforced concrete mat foundation, rammed aggregate pier ground improvement, or a deep pile foundation system. Alternative 1 Unknown and Cost Consequence An existing groundwater monitoring well exists on the upslope side of the existing reservoir. This will be used for groundwater monitoring. Supposedly, additional wells exist around the other three sides of the existing reservoir. However, these were not found/observed during our May 29 site visit. None of the CoB Water Department staff recalls seeing any wells in this area. There is a possibility these wells are buried. Prior to drilling at the Alternative 1 site, we will look for the wells with a metal detector. If we can find the north and south side wells, this will eliminate the need to drill two of the four proposed borings (as the two existing wells can used for groundwater monitoring purposes). At a minimum, we will need to drill two new borings in the existing embankment fill section. • Note: For the purpose of this proposal, we are assuming that four, new borings will be drilled around the existing reservoir (for a worst case cost scenario). This will include two on the down- slope side (at a minimum), and one each on the north and south sides (assuming existing wells cannot be located). If one or both of the existing wells can be found, then this will eliminate the need to drill one or two borings at this site. • Note: To properly evaluate the existing embankment fill materials and underlying foundation soils, we are recommending a minimum of two borings/wells within the downslope fill section. By doing so, we can better characterize the fill materials, obtain/test soil samples from each of the borings, and have two wells to monitor groundwater conditions within the fill section. • Note: One of the goals of the Alternative 1 evaluation is to have the ability to monitor ground- water levels on all four sides of the existing reservoir. As a result (and depending on our finding of any existing wells), this will either require the drilling of 2, 3 or 4 borings. 184 James Nickelson June 27, 2025 Proposal for Geotechnical Services Lyman Reservoir Project – Bozeman, MT Page 6 Scope of Work • Alternative 1: Rehabilitation of the Existing Reservoir o Project scoping and project management. o Planning, coordination, and scheduling. o Site visits as needed. o Correspondence and meetings with M-M and CoB. o Look for existing monitoring wells on north, south, and west sides of existing reservoir. o Stake boring locations and call in utility locate. (Work closely w/ COB re: ex. utilities). o Drill two borings on the down slope side of ex. reservoir in the existing embankment fill. o See attached maps for approximate BH locations. o If needed (for GW monitoring purposes), drill one boring on north side of ex. reservoir. o If needed (for GW monitoring purposes), drill one boring on south side of ex. reservoir. o All borings will be drilled to approximate 50-foot depth. o All borings will be completed with 2” PVC groundwater monitoring wells. o Collect soil samples at 2.5 to 5.0-foot intervals. (To reduce time, we increase to 5.0 feet). o Test soil samples for soil classification and soil strength properties. o Lab testing schedule will be dependent on soil conditions. o Monitor groundwater in existing/new wells (in fall of 2025 and spring/summer of 2026). o Perform slope stability modeling of existing embankment fill section. o Prepare field, lab, and groundwater data. o Periodically distribute data to design team. o Prepare technical memo with site conditions, slope stability modeling, and assessment. • Alternative 2: New Concrete Tank at an Adjacent Site to the Existing Reservoir o Project scoping and project management. o Planning, coordination, and scheduling. o Site visits as needed. o Correspondence and meetings with M-M and CoB. o Stake boring locations and call in utility locate. o Drill two borings on the upslope and down slope sides of proposed tank location. o See attached maps for approximate BH locations. o All borings will be drilled to approximate 50-foot depth. o All borings will be completed with 2” PVC groundwater monitoring wells. o Collect soil samples at 2.5 to 5.0-foot intervals. (To reduce time, we increase to 5.0 feet). o Test soil samples for soil classification and possibly soil consolidation properties. o Lab testing schedule will be dependent on soil conditions. o Depending on the soils, we may elect to test some samples for soil strength properties. o We may only test for soil strength if we believe slope stability modeling will be needed. o Monitor groundwater in existing/new wells (in fall of 2025 and spring/summer of 2026). 185 James Nickelson June 27, 2025 Proposal for Geotechnical Services Lyman Reservoir Project – Bozeman, MT Page 7 o Prepare field, lab, and groundwater data. o Periodically distribute data to design team. o Prepare technical memo with site conditions and our preliminary recommendations for foundation support and/or improvement. o Recommendations will be used (by others) for preliminary foundation design and cost estimating of foundation-related costs. o Note: If this is the selected alternative, additional borings and/or test pits may likely be required in the future (as well as more testing) for preparation of the final geotechnical report with the final recommendations for design and construction. • Alternative 3: New Concrete Tank at a Site about 0.75-mile Upslope of Existing Reservoir o Project scoping and project management. o Planning, coordination, and scheduling. o Site visits as needed. o Correspondence and meetings with M-M and CoB. o Stake boring locations and call in utility locate. o Drill two borings on the upslope and down slope sides of proposed tank location. o See attached maps for approximate BH locations. o All borings will be drilled to approximate 50-foot depth. o All borings will be completed with 2” PVC groundwater monitoring wells. o Collect soil samples at 2.5 to 5.0-foot intervals. (To reduce time, we increase to 5.0 feet). o Test soil samples for soil classification and possibly soil consolidation properties. o Lab testing schedule will be dependent on soil conditions. o Depending on the soils, we may elect to test some samples for soil strength properties. o We may only test for soil strength if we believe slope stability modeling will be needed. o Monitor groundwater in existing/new wells (in fall of 2025 and spring/summer of 2026). o Prepare field, lab, and groundwater data. o Periodically distribute data to design team. o Prepare technical memo with site conditions and our preliminary recommendations for foundation support and/or improvement. o Recommendations will be used (by others) for preliminary foundation design and cost estimating of foundation-related costs. o Note: If this is the selected alternative, additional borings and/or test pits may likely be required in the future (as well as more testing) for preparation of the final geotechnical report with the final recommendations for design and construction. Deliverables • Alternative 1: Field/lab/GW data. Technical memo with assessment of existing slope stability. • Alternative 2: Field/lab/GW data. Technical memo with prelim. foundation recommendations. • Alternative 3: Field/lab/GW data. Technical memo with prelim. foundation recommendations. 186 James Nickelson June 27, 2025 Proposal for Geotechnical Services Lyman Reservoir Project – Bozeman, MT Page 8 Estimated Time and Materials Costs (Detailed Breakdown) We will undertake our scope of work on a time and materials (T/M) basis. For budgetary purposes, we have estimated costs for each of the alternatives. We have purposely aimed on the “high side” to hopefully give you and the CoB conservative estimates. We will bill regularly. Actual time and expenses that are incurred on the project will be billed. • Alternative 1: Rehabilitation of the Existing Reservoir ($69,500) o Sub-contract driller (est. budget for 4 borings): $22,000 (Will be $11k for 2 borings) o Sub-contract lab testing (est. budget): $7,500 o AESI project management/coordination time: $7,500 (36 hours @ $208/hr) o AESI field-related time (incl. BH logs/maps): $10,000 (48 hours @ $208/hr) o AESI lab-related time (prep./delivery/review): $2,500 (12 hours @ $208/hr) o Groundwater monitoring time (est. budget): $5,000 o Slope stability modeling-related time: $7,500 (36 hours @ $208/hr) o Technical memo-related time: $7,500 (36 hours @ $208/hr) Estimated Total: $69,500 • Alternative 2: New Concrete Tank at an Adjacent Site to the Existing Reservoir ($41,000) o Sub-contract driller (est. budget for 2 borings): $11,000 o Sub-contract lab testing (est. budget): $5,000 o AESI project management/coordination time: $5,000 (24 hours @ $208/hr) o AESI field-related time (incl. BH logs/maps): $5,000 (24 hours @ $208/hr) o AESI lab-related time (prep./delivery/review): $2,500 (12 hours @ $208/hr) o Groundwater monitoring time (est. budget): $2,500 o Technical memo-related time: $10,000 (48 hours @ $208/hr) Estimated Total: $41,000 • Alternative 3: New Concrete Tank at a Site 0.75-mile Upslope of Existing Reservoir ($38,500) o Sub-contract driller (est. budget for 2 borings): $11,000 o Sub-contract lab testing (est. budget): $5,000 o AESI project management/coordination time: $5,000 (24 hours @ $208/hr) o AESI field-related time (incl. BH logs/maps): $5,000 (24 hours @ $208/hr) o AESI lab-related time (prep./delivery/review): $2,500 (12 hours @ $208/hr) o Groundwater monitoring time (est. budget): $2,500 o Technical memo-related time: $7,500 (36 hours @ $208/hr) Estimated Total: $38,500 187 188 James Nickelson June 27, 2025 Proposal for Geotechnical Services Lyman Reservoir Project – Bozeman, MT Page 10 If you accept this proposal for Alternative 1: Geotech Investigation, Analysis, and Report for Existing Reservoir Embankment Fill Section and authorize the scope of work for on a time and materials (T/M) basis for an estimated cost of $69,500, please sign/e-mail back to me at levans@alliedengineering.com. By: ______________________________ Signature: ____________________________ (print) Date: ______________________ If you accept this proposal for Alternative 2: Geotech Investigation, Analysis, and Report for New Tank Site (Option 1 – Down Slope Site) and authorize the scope of work for on a time and materials (T/M) basis for an estimated cost of $41,000, please sign/e-mail back to me at levans@alliedengineering.com. By: ______________________________ Signature: ____________________________ (print) Date: ______________________ If you accept this proposal for Alternative 3: Geotech Investigation, Analysis, and Report for New Tank Site (Option 2 – Up Slope Site) and authorize the scope of work for on a time and materials (T/M) basis for an estimated cost of $38,500, please sign/e-mail back to me at levans@alliedengineering.com. By: ______________________________ Signature: ____________________________ (print) Date: ______________________ Mailing Address: ______________________________________ ______________________________________ ______________________________________ Phone Number: _______________________________________ Cell Number: _______________________________________ E-mail Address: _______________________________________ P:\2025\25-084 Lyman Reservoir - Engineering Predesign Phase\Project Management\Proposals\2025_06_27 Lyman Reservoir - AESI Proposal for Geotechnical Services 189 June 27, 2025 Geotechnical Services Lyman Reservoir – Bozeman, MT Page 1 of 4 AGREEMENT FOR PROFESSIONAL SERVICES (for time and materials contracts) The Agreement This Agreement is made by and between Allied Engineering Services, Inc. of 32 Discovery Drive, Bozeman, Montana, 59718, hereinafter referred to as AESI, and Morrison-Maierle, herein-after referred to as CLIENT. This agreement between the parties consists of these terms and the attached proposal and any exhibits or attachments noted in the proposal. Together, these elements will constitute the entire agreement, superseding all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing. If this proposal is not accepted within one month of the proposal date, AESI reserves the right to amend or withdraw the proposal as appropriate. Standard of Care Services provided by AESI under this agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing contemporaneously under similar conditions in the locality of the project. CLIENT and their agents shall examine and respond to AESI's submissions; and give prompt written notice to AESI whenever CLIENT observes or otherwise becomes aware of any defect in the work. For projects that include construction staking, staking errors are infrequent but can occur. Contractors are responsible to build projects in accordance with the plans and specifications and therefore share responsibility to verify our stakes against the plans. Any discrepancies discovered should be reported in writing to the Engineer and Surveyor immediately and prior to performing any work in the area in question. Site Access and Site Conditions CLIENT shall grant or obtain free access to the site for all equipment and personnel necessary for AESI to perform the work set forth in this agreement. AESI will take reasonable precautions to minimize damage to the site, but it is recognized by CLIENT that, in the normal course of work some damage may occur (such as may result from gaining access with vehicles, or by subsurface explorations) and the correction of such damage is not part of this agreement unless so specified in the proposal. CLIENT shall furnish all available records (as-built drawings, construction records, etc.) indicating the existing site conditions including locations of all underground structures and utilities. AESI will take reasonable precautions to avoid known underground structures or utilities, but CLIENT agrees to hold AESI harmless from any damages that may result due to underground structures or utilities that were not identified or accurately located. 190 June 27, 2025 Geotechnical Services Lyman Reservoir – Bozeman, MT Page 2 of 4 Basis of Fees for Professional Services CLIENT agrees to pay AESI for all labor and reimbursable expenses directed to this project in accordance with the attached proposal. Labor rates are listed below for all services rendered by principals and employees engaged directly on the Project except for specific tasks or work items with agreed unit costs (i.e. materials testing, etc.). For reimbursable expenses and services provided by independent professional associates, consultants or subcontractors employed by AESI, CLIENT agrees to pay the amount billed to the AESI times a factor of 1.10. Billable hourly rates for the various categories of employees/equipment are summarized as follows: *Expert Witness: Expert witness services (for depositions and/or time in court) is charged at an hourly rate of 150 to 200 percent of the standard billing rate. Hourly rates and staff classifications are reviewed by our Board of Directors annually and may be subject to change. Reimbursable Expenses Reimbursable expenses mean the actual expenses incurred by AESI in connection with the project, including but not limited to, expenses for: transportation, subsistence, equipment rental, shipping costs, reproduction of reports, drawings, specifications, bidding documents, outside agency fees and similar project-related items. Subconsultants, outside rentals and other out of house expenses will be marked up 10 percent. Employee Rate Equipment Rate Engineer VIII $234/hour GPS Use $30/hour Engineer VII $208/hour Total Station $20/hour Engineer VI $178/hour Non-LiDar Drone $55/day Engineer V $167/hour LiDar Drone $150/hour, 4hr min Engineer IV $149/hour ATV Use $25/hour Engineer III $133/hour Nuclear Densometer $15/hour or $60/day Engineer II $120/hour Concrete Cylinder Breaks $10/each Engineer I $110/hour Mileage/Truck Rental $1.05/mile or $79/day (6+ hrs) Surveyor VI $197/hour Aquifer Monitoring Eqt. $250/week Surveyor V $167/hour Monitor Well Kits $50/each Surveyor IV $149/hour MASW $99/hour Surveyor III $138/hour Surveyor II $122/hour Surveyor I $103/hour Sr. CAD Designer $133/hour CAD Technician $117/hour Environmental Specialist $149/hour Project Representative $110/hour Intern $75/hour Administration $75/hour 191 June 27, 2025 Geotechnical Services Lyman Reservoir – Bozeman, MT Page 3 of 4 Billing and Payment AESI shall submit invoices monthly and/or at project milestones for services rendered and for reimbursable expenses incurred. AESI also reserves the right to require full payment of any outstanding invoices and/or full payment of said contract prior to submittal of deliverables to the CLIENT. If CLIENT disputes the amount of a billing, CLIENT will notify AESI in writing within ten (10) calendar days of the receipt of bill of the dispute. Payment is due thirty (30) calendar days from the date of bill. CLIENT agrees that interest at the maximum rate allowed by law will accrue on all amounts past due, and that failure to pay AESI within sixty (60) days may be considered a breach of this agreement at which time AESI reserves the right to stop work. CLIENT also agrees to pay all collection fees, including attorney fees, if collection services become necessary. Termination CLIENT shall have the right to terminate this agreement at any time by giving written notice to AESI. This agreement may be terminated by AESI in the event of substantial failure of performance by CLIENT, or if CLIENT suspends the work for more than three (3) consecutive months. In the event of termination, AESI will be paid for services performed prior to the date of termination. If the agreement is terminated by CLIENT, AESI shall also be entitled to reasonable termination expenses, including, but not limited to the cost of completing records, and reports necessary to document job status at the time of termination. Legal Relations AESI shall comply with all Federal, State, and Local laws and ordinances applicable to the work to be done. To the fullest extent permitted by law, AESI hereby agrees to indemnify and hold CLIENT harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, due to the activities of AESI, their agents, employees, or both in performing the work required. Any and all employees of AESI engaged in the performance of work or services required by this agreement shall be considered employees of AESI only and not of the CLIENT. To the fullest extent permitted by law, the CLIENT hereby agrees to indemnify and hold AESI harmless from all claims , damages, losses and expenses, including but not limited to attorneys' fees, due to the activities of CLIENT, their agents, employees, or both, in performing the work required. AESI does not accept responsibility to any third parties that may claim damage by relying upon our work product. In cases where the third party is an agent of CLIENT, particularly a contractor hired by CLIENT, our legal relationship with said contractor shall be as defined in the latest version of Montana Public Works. AESI is and shall perform this agreement as an independent contractor, and as such, is responsible to the CLIENT only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms of this agreement. AESI shall have and maintain complete control over all of its employees, subcontractors, agents, and operations, being responsible for 192 June 27, 2025 Geotechnical Services Lyman Reservoir – Bozeman, MT Page 4 of 4 any required payroll deductions and providing required benefits, such as, but not limited to, worker's compensation with statutory limits, and unemployment insurance. This agreement applies to and shall be binding on the heirs, personal representatives, successors, and assignees of the respective parties. This agreement shall be construed according to the laws of the State of Montana. Limitations of Liability AESI takes no responsibility for hazardous materials or similar unknown site/building conditions that may exist at the project. While AESI is responsible for its own employees, AESI takes no responsibility for jobsite and worker safety and for construction means, methods, techniques, sequences, and procedures of other companies. To the fullest extent permitted by law, the total liability, in the aggregate, of AESI and its officers, directors, partners, employees, agents, shareholders, and subconsultants, to CLIENT, and anyone claiming through or under CLIENT, for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way relating to this Project or Contract, from any cause or causes, including but not limited to tort (including negligence and professional errors and omissions), strict liability, breach of contract, or breach of warranty, shall not exceed two times the sum total of AESI invoices to the CLIENT or the limits of our liability insurance (errors and omissions insurance), whichever is less. AESI and CLIENT further agree to waive against each other, and the other’s officers, directors, partners, employees, agents, shareholders, and subconsultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the performance of work or services of this agreement. 193 FIGURECivil Engineering Geotechnical EngineeringLand Surveying 32 DISCOVERY DRIVE . BOZEMAN, MT 59718PHONE (406) 582-0221 . FAX (406) 582-5770www.alliedengineering.com COB LYMAN RESERVOIR GEOLOGY MAP BOZEMAN, MONTANA 1 N LEGEND 194 195 196 197 Expenses - AlliedExpenses - LinerTask Total (Rounded)SU1 SE1 SU2 SU3 SU4 SU5 SE2 EI1 LS1 ADM1 ADM2SubtotalSubtotal Subtotal SubtotalHoursLabor Expense ExpenseTask 000 Project Management010 Project/Contract Administration 15 24399,405$ 9,405$ 020 Project Management and Coordination 15154,005$ 4,005$ 030 Regular Check-In Meetings 30 306014,760$ 14,760$ Hours Sub-Total60 54 0 0 0 0 0 0 0 0 011428,170$ -$ -$ 28,200$ Task 100 Reservoir Inspection110 Inspection Plan & Coordination 2 12 8225,290$ 5,290$ 120 Liner Removal & Testing 2 16 16348,246$ 8,246$ 130 Overall Liner/Reservoir Inspection 2 8 4143,362$ 3,362$ 140 Liner Repair 2 16184,134$ 4,134$ 150 Tech Memo 4 24 8368,524$ 8,524$ 160 SUB-Liner Contractor0-$ 31,500$ 31,500$ Hours Sub-Total12 76 0 0 36 0 0 0 0 0 012429,556$ -$ 31,500$ 61,100$ Task 200 Geotechnical Analysis210 Plan & Coordination 4 32368,268$ 8,268$ 220 Site Visit 881,800$ 1,800$ 230 SUB-Geotech-Alt 10-$ 72,975$ 72,975$ 240 SUB-Geotech-Alt 20-$ 43,050$ 43,050$ Hours Sub-Total4 40 0 0 0 0 0 0 0 0 04410,068$ 116,025$ -$ 126,100$ Task 300 Alternative Definition310 Define Alternatives 4 16 2 4266,210$ 6,210$ 320 Conceptual Drawings 2 16 2 16366,936$ 6,936$ 330 Economic Analysis 8 2 4 24386,774$ 6,774$ 340 Tech Memo 40 2 4 166212,830$ 12,830$ 350 Topographic Survey and Mapping 8 40488,224$ 8,224$ Hours Sub-Total6 80 0 8 12 0 0 64 40 0 021040,974$ -$ -$ 41,000$ Task 400 Alternatives Analysis and Predesign410 Preliminary Design 4 8 2 8 16387,726$ 420 Conceptual Drawings 4 24 2 2 407213,216$ 430 Economic Analysis 2 32 2 8 408416,024$ 440 Tech Memo 2 60 2 8 249620,036$ Hours Sub-Total1212408260012000029057,002$ -$ -$ 57,000$ Total Personnel Hours9437401674001844000782165,770$ 116,025$ 31,500$ 313,400$ Key PersonnelMorrison-MaierleLabor CategoryNameLabor RateSU1 Supervising Engineer III James Nickelson 267$ SE1 Senior Engineer II Brad Hammerquist 225$ SU2 Supervising Engineer IV Jeff Ashley 297$ SU3 Supervising Engineer II Eric Blanksma 257$ SU4 Supervising Engineer II Nate Menuez 257$ SU5 Supervising Engineer II 257$ SE2 Senior Engineer I 203$ EI1 Engineer Intern II Brian Peck 143$ LS1 Land Surveyor IV Jon Wilkinson 177$ ADM1 Admin Coordinator I 94$ ADM2 Admin Coordinator II 122$ Morrison-MaierleCity of Bozeman Lyman Reservoir PredesignEngineering Fee Estimate - LaborLyman Reservoir Predesign Fee Est Page 1 of 1 7/7/2025 198 199 EXHIBIT B 200 Standard Rate Schedule Effective Through December 31, 2025 Standard Rate Overtime Rate Engineer Supervising Engineer V $305.00 $305.00 Supervising Engineer IV $297.00 $297.00 Supervising Engineer III $267.00 $267.00 Supervising Engineer II $257.00 $257.00 Supervising Engineer I $242.00 $242.00 Senior Engineer II $225.00 $225.00 Senior Engineer I $203.00 $203.00 Design Engineer II $194.00 $194.00 Design Engineer I $174.00 $174.00 Engineer Intern II $143.00 $143.00 Engineer Intern I $128.00 $128.00 Planner Supervising Senior Planner $236.00 $236.00 Senior Planner $208.00 $208.00 Planner III $159.00 $159.00 Planner II $145.00 $145.00 Planner I $127.00 $127.00 Scientist Environmental Scientist III $193.00 $193.00 Environmental Scientist II $146.00 $146.00 Environmental Scientist I $126.00 $126.00 Supervising Geologist $278.00 $278.00 Senior Geologist $233.00 $233.00 Geologist III $208.00 $208.00 Geologist II $169.00 $169.00 Geologist I $144.00 $144.00 Designer and Technician Senior ICT Designer $250.00 $250.00 Senior Distribution Designer $250.00 $250.00 CAD Designer III $175.00 $175.00 CAD Designer II $149.00 $149.00 CAD Designer I $136.00 $203.00 CAD Tech III $133.00 $199.00 CAD Tech II $115.00 $173.00 CAD Tech I $102.00 $153.00 Senior Engineering Designer $190.00 $190.00 Engineering Designer $130.00 $130.00 Resident Project Representative Senior Resident Project Representative $192.00 $192.00 Resident Project Representative IV $185.00 $185.00 Resident Project Representative III $173.00 $173.00 Resident Project Representative II $146.00 $218.00 Resident Project Representative I $131.00 $197.00 Administrative Administrative Manager $132.00 $132.00 Administrative Coordinator III $122.00 $122.00 Administrative Coordinator II $116.00 $173.00 Administrative Coordinator I $94.00 $140.00 Grant Manager $125.00 $125.00 Graphic Designer $125.00 $125.00 Project Coordinator III $118.00 $118.00 Project Coordinator II $106.00 $159.00 Project Coordinator I $96.00 $144.00 Technical Intern $88.00 $133.00 Survey Survey Group Leader $238.00 $238.00 Survey Group Office Leader II $180.00 $180.00 Survey Group Office Leader I $171.00 $171.00 Land Surveyor IV $177.00 $177.00 Land Surveyor III $168.00 $168.00 Land Surveyor II $148.00 $148.00 Land Surveyor I $121.00 $121.00 Survey Technician IV $116.00 $174.00 Survey Technician III $112.00 $168.00Survey Technician II $109.00 $163.50 Survey Technician I $98.00 $147.00 Expert Witness Recommended rate for expert witness services (depositions and/or time in court) is charged at an hourly rate of 150-200% of the standard billing rate. 201 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with HDR Engineering, Inc., for the WRF Phase 1 Base Hydraulic Capacity Upgrade Project MEETING DATE:July 22, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement with HDR Engineering, Inc., for the WRF Phase 1 Base Hydraulic Capacity Upgrade Project. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:On June 18, 2024, the City Commission authorized the original professional services agreement (PSA) with HDR Engineering for the WRF Phase 1 Base Hydraulic Capacity Upgrade Project. Follow the prior hyperlink for additional background information for the project. Amendment 1 to the original PSA is provided as an attachment to this memorandum. The amendment provides for preliminary design, final design, and bidding phase services for the capacity upgrades selected by City staff upon HDR’s completion of predesign phase services. The selected upgrades consist of the following major elements. These upgrades will be designed to increase current treatment capacity from 8.5 MGD to the 20- year future capacity of 14.6 MGD identified in the 2022 WRF Facility Plan Update. • Construct a new 0.6 MG anaerobic digester no. 4. • Replace the existing poorly performing waste activate sludge rotary screen thickeners with new plate thickeners. • Install a new InDENSE hydrocyclone process to selectively retain dense activated sludge to increase the effective bioreactor nutrient removal capacity while selectively wasting lighter sludge to anaerobic digestion. • Note: UV system controls upgrades were selected by City staff upon completion of the predesign phase. These UV upgrades will occur as an independent project through a task order agreement with HDR authorized by the City Commission on July 15, 2025. 202 UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The negotiated costs for Amendment 1 total $930,000. These costs are funded by Commission approved budget appropriations for capital improvement project (CIP) WW129. CIP project WW129 has a total available budget of $10,509,877. Adequate funding exists to cover negotiated costs for Amendment 1. Attachments: Combined PSA Amendment No. 1_HDR_WRF Ph1 Upgrades.pdf Report compiled on: July 10, 2025 203 1 Amendment No. 1 to Professional Services Agreement 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 HDR Engineering Inc, an engineering consulting firm of Bozeman, Montana, herein referred to as ENGINEER. WHEREAS, the parties have entered into a Professional Services Agreement dated June 18th, 2024, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: 1) The Original Agreement is amended as contained in Attachment 1 to this Amendment No. 1. 204 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 ______________________________________ Chuck Winn City Manager ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM ____________________________________ Greg Sullivan City Attorney ENGINEER By:_______________________________________ Its:______________________________________ ATTEST: By:___________________________________ 205 Attachment 1 to PSA Amendment No. 1 Page 1 of 14 Attachment 1 to PSA Amendment No. 1 206 Attachment 1 to PSA Amendment No. 1 Page 2 of 14 PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and HDR Engineering, Inc., Montana, (ENGINEER). Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering services for the project. Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE 1 - ENGINEERING SERVICES 1.1 The detailed description of the specific project components is described as follows: See Attachment A – Scope of Services – (Attachment A - Scope of Services focused on Pre- Design Investigation Phase Services and has been fully completed.) And See Attachment B – Scope of Preliminary Design Phase, Final Design Phase, and Bidding Phase Services) 1.2 The scope of services under this contract is set forth in this Agreement and the attached EXHIBITS: See Attachment A - Scope of Services– (Attachment A - Scope of Services focused on Pre- Design Investigation Phase Services and has been fully completed.) And See Attachment B – Scope of Preliminary Design Phase, Final Design Phase, and Bidding Phase Services) ARTICLE 2 - ENGINEER'S RESPONSIBILITIES 2.1 ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil and structural engineering services incidental thereto. 207 Attachment 1 to PSA Amendment No. 1 Page 3 of 14 2.2 The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3 The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4 The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5 The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal- In-Charge shall be Tim Erickson. 2.6 The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER. The Project Manager shall be Coralynn Revis. The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 2.7 The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during DESIGN segment of the Project. The Task Director designated shall be Brian Heaston. 3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing configuration of the city utilities. 3.4 The OWNER will be responsible for advertising bid openings. 3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction progress and other job related meetings, substantial completion inspections and final payment inspections. ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE-DESIGN INVESTIGATION PHASE After written authorization to proceed, ENGINEER shall: 4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services and assist OWNER in obtaining such data or services. 4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 208 Attachment 1 to PSA Amendment No. 1 Page 4 of 14 4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 4.1.5 Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 4.1.6 Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs". 4.1.7 Furnish three (3) copies and an electronic copy of the Study and Report documents and review them in person with OWNER. 4.2 PRELIMINARY DESIGN PHASE After acceptance of the pre-design report and receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: 4.2.1 In consultation with OWNER determine general scope, extent and character of the Project. 4.2.2 ENGINEER shall then prepare preliminary plans and specifications and a written description for the Project. 4.2.3 Not Used 4.2.5. Not Used 4.2.6. Geotechnical Explorations and Analysis. The ENGINEER shall conduct such geotechnical explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary. The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and Contractors, and review the results of the report with Contractors in a pre-bid meeting. The report is to be prepared for design purposes; ENGINEER will not be responsible if it is used by others for other purposes. 4.2.7 Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with information which addresses the special features of each project task. 209 Attachment 1 to PSA Amendment No. 1 Page 5 of 14 4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a revised opinion of probable Total Project Costs to the OWNER. 4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary bidding documents and design report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the design, and assist OWNER in securing such approvals; and review documents in person with OWNER and review authorities, and, if necessary, conduct a plan-in-hand site review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications. The Preliminary Design Phase will be completed and submitted within 120 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.3 FINAL DESIGN PHASE After written authorization to proceed with the Final Design Phase, ENGINEER shall: 4.3.1 On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed by the Contractor(s) suitable for use in the project bidding and construction. 4.3.2 Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 4.3.3 Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, special provisions, technical specifications, and standard drawings, and other related contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman. 4.3.4 Furnish OWNER six copies and an electronic copy of the Contract Documents (including design drawings, specifications and contracts). The Final Phase will be complete and submitted within 280 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.4 BIDDING PHASE After written authorization to proceed with the Bidding, ENGINEER shall: 210 Attachment 1 to PSA Amendment No. 1 Page 6 of 14 4.4.1 Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for Bidding Documents and conduct pre-bid conferences. 4.4.2 Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and issue addenda as appropriate. 4.4.3 Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. 4.4.4 Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 4.4.5 Attend the bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and responsibility and make award recommendation to OWNER. 4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction, materials, equipment and services. Furnish Owner two original signature sets of executed contract documents (including design drawings, specifications and contracts). Furnish contractor with one set of original signature executed contract documents and up to three sets of construction documents. 4.5 CONSTRUCTION PHASE 4.6. PROJECT DOCUMENTATION 4.7. CONSTRUCTION TESTING ARTICLE 5 - ADDITIONAL SERVICES 5.1 If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in this Agreement: 5.1.1 Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions. 5.1.2 Preparation of applications and supporting documents for governmental agencies in addition to those required under Basic Services; preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 5.1.3 Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4 Providing renderings or models. 5.1.5 Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-sequence work. 211 Attachment 1 to PSA Amendment No. 1 Page 7 of 14 5.1.6 Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as elsewhere herein described. 5.1.7 Furnishing the services of independent professional associates or consultants for other than Basic Services. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement: 5.2.1 Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 5.2.2 Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. 5.2.3 Services resulting from significant delays, changes or price increases occurring as a direct result of materials, equipment or energy shortages. 5.2.4 Additional or extended services during construction made necessary by (1) work damage by fire or other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, (4) default by any Contractor. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment for Pre-Design Phase Services. The OWNER shall for pre-design phase services performed as Basic Engineering Services under sections 4.1 of this Agreement pay a total sum in the amount of $219,723 for such services. 6.1.2 Payment for Preliminary Design Phase, Final Design Phase, and Bidding Phase Services. The OWNER shall for preliminary design phase, final design phase, and bidding phase services performed as Basic Engineering Services under sections 4.2, 4.3, and 4.4 of this Agreement, and, as applicable, ‘Attachment B – Scope of Preliminary Design Phase, Final Design Phase, and Bidding Phase Services’, pay a total sum in the amount of $930,000 for such services. 6.1.2.1 Payment Schedule. Total cumulative payments for the preliminary design phase, final design phase, and bidding phase engineering services shall not exceed the following ceilings: $ $558,000 (60 % of fee at section 6.1.2) until the preliminary design phase services have been completed to the satisfaction of the OWNER. Completion of the preliminary design phase is equivalent to completion of the 60% design level contained in 212 Attachment 1 to PSA Amendment No. 1 Page 8 of 14 ‘Attachment B – Scope of Preliminary Design Phase, Final Design Phase, and Bidding Phase Services’ $ 883,500 (95% of fee at section 6.1.2) until the Final Plans and Specifications have been submitted to the OWNER and review authorities. $ 930,000 (100% of fee at section 6.1.2) upon full completion of bidding phase services. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of this Agreement. 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic Services (4.1 through 4.3) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As used herein the term "this Agreement" refers to the contents of this document and its Exhibits or Attachments attached hereto and referred to as if they were part of one and the same document. 7.2 CONSTRUCTION COSTS The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER. 7.3 DIRECT LABOR COSTS 7.4 REIMBURSABLE EXPENSES Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project- related items; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also 213 Attachment 1 to PSA Amendment No. 1 Page 9 of 14 include expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. ARTICLE 8 - PAYMENT PROVISIONS 8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. 8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether completed or in process. 214 Attachment 1 to PSA Amendment No. 1 Page 10 of 14 9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 9.2 INSPECTION AND AUDIT All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. 9.3 EMPLOYMENT The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER. 9.4 NONDISCRIMINATION The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit and qualifications. The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The ENGINEER will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. ENGINEER represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). ENGINEER must 215 Attachment 1 to PSA Amendment No. 1 Page 11 of 14 report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. ENGINEER shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. 9.5 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 9.6 STANDARD OF CARE In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER’s request, re-perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The OWNER’s rights herein are in addition to any other remedies the OWNER may have under the law. 9.7 LEGAL RELATIONS 9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local laws and ordinances applicable to the work to be done. 9.7.2 For claims, causes of action, losses, or damages (collectively, “Claims”) asserted by third- parties and arising out of the performance of professional services by the ENGINEER, the ENGINEER shall indemnify and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants in the performance of professional services under this Agreement. The ENGINEER’S obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless under this section 9.7.2 does not include a duty to defend. 9.7.3 For Claims asserted by third-parties that do not arise out of the performance of professional services by the ENGINEER, the ENGINEER shall, to the extent covered by the ENGINEER’S insurance, defend, indemnify, and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants. 9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney’s fees and costs incurred in any 216 Attachment 1 to PSA Amendment No. 1 Page 12 of 14 defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney’s fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the OWNER’S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER. 9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation with statutory limits, and unemployment insurance. 9.8 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non-renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: Type of Coverage Limits Employers' Liability: $1,000,000 per accident General Liability: Bodily Injury & Property Damage: $1,000,000 per accident Single and combined General Aggregate: $2,000,000 Excess Liability Coverage (umbrella): $1,000,000 each occurrence Automobile: Bodily Injury: $1,000,000 each person Covering all automobiles, trucks, $1,000,000 each occurrence tractors, trailers or other auto- motive equipment whether owned or rented by Engineer or owned by 217 Attachment 1 to PSA Amendment No. 1 Page 13 of 14 employees of the Engineer Property Damage: $1,000,000 each occurrence Covering all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR Bodily Injury & Property Damage: $1,000,000 each occurrence Single and combined In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors & Omissions: $5,000,000 per claim and aggregate each occurrence 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 9.10 OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER’s sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER’s independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 9.11 PUBLIC INFORMATION The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 9.12 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein. 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the 218 Attachment 1 to PSA Amendment No. 1 Page 14 of 14 date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 9.16 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. 9.17 CONSENT TO ELECTRONIC SIGNATURES The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA HDR ENGINEERING, INC. BY: BY: (City Manager) (Vice President) DATE: DATE: ATTEST: BY: (City Clerk) 219 ATTACHMENT A- SCOPE OF SERVICES BACKGROUND The overall objective of this project is to complete pre-design, final design, bidding and construction administration services for the City of Bozeman (City) Water Reclamation Facility (WRF) Phase 1 Base Hydraulic Upgrade Project. The major project elements include a new anaerobic digester, UV disinfection system capacity expansion, inDENSE® pilot study, and a tertiary filtration study. This scope of services will primarily describe the initial pre-design phase for the project with the goal of establishing a strong foundation for the overall project. Final design and construction phase services shall be developed under an upcoming scope of services. SCOPE OF SERVICES The scope of services is identified in the following tasks and will commence upon written Notice to Proceed (NTP) with the selected tasks. The project schedule will be determined at the time of NTP but is anticipated to be 6 months, with Final Design and Construction Administration as future tasks. Tasks Description 100 Project Management 200 inDENSE Evaluation 300 Effluent Filtration Study 400 UV & Digester PDR Task 100. Project Management Objective and Approach HDR will manage its professional services contract to provide completion of this phase of the project. HDR will prepare and implement a project management plan; provide scope, schedule, and cost control services; negotiate and administer the contract; and initiate and attend project coordination meetings. 101.Project Management Plan A Project Management Plan (PMP) will be prepared which clearly communicates project objectives, scopes, budgets, schedule, communications protocols, constraints, applicable regulations, health and safety requirements for field work, and guidelines to project team members. The PMP will be updated periodically throughout the duration of the project when DocuSign Envelope ID: F8EF1C9A-AC93-41CE-8451-1620C71E3EA3 Attachment A - Scope of Services FULLY COMPLETEDAttachment A to PSA Amendment No. 1 1 220 significant events impact the scope and/or schedule of the project, and the updated PMP will be distributed to team members. As part of the PMP, a Quality Management Plan (QMP) will be developed that defines the QA/QC process for the project and identifies the key reviewers. 102.Project Initiation Workshop – Project Kickoff Meeting Conduct a workshop and kickoff meeting between the City and HDR to discuss scope, project schedule, deliverables, and initial data requests. An agenda will be prepared and distributed to the anticipated attendees. Prepare and distribute notes to attendees after workshop. 103.Progress Reports and Invoices Prepare monthly project status reports that compare work accomplished with scheduled activities, compare expenditures with task budgets, and describe changes to the scope that have occurred. Submit progress report combined with invoice for the duration of the project. 104.Monitor Project Progress Monitor project progress using earned value management by evaluating monthly the work completed, work remaining, schedule, budget expended, estimated cost of remaining work, and estimated cost at completion. Communicate scope, schedule, and budget status with the project team and review technical content of work products. Inform City in monthly progress report of any budget or schedule related issues. 105.Project Quality Control Review all work activities and project deliverables for conformance with quality control requirements and project standards. Monitor project activities for potential changes, anticipate changes whenever possible, and with the City’s approval, modify project tasks and approach to keep the overall project within budget and on schedule. 106.Quality Assurance Develop a Quality Management Plan (QMP) prior to commencing work. The QMP will define the specific quality practices, resources, and sequence of activities that will be used to fulfill the requirements for quality relevant to this project. Quality assurance (QA) components will define the systematic activities that will be completed to provide adequate confidence that deliverables will satisfactorily fulfill quality requirements. Quality control (QC) components will define the techniques and activities that will be used to verify an established level of quality has been achieved. The QC components are described for each major deliverable throughout this scope of services. 107.Project Close-Out Consolidate working files into final records folders. Destroy duplicate, draft, and obsolete documents. Verify record documents are included in final records folders. Verify and document that the contract terms and conditions have been met and all service and deliverable obligations completed. Issue a contract completion notice to City. DocuSign Envelope ID: F8EF1C9A-AC93-41CE-8451-1620C71E3EA3 Attachment A - Scope of Services FULLY COMPLETEDAttachment A to PSA Amendment No. 1 2 221 Assumptions The fee for this task is based upon the following assumptions: •This task is for the administration and management of HDR’s contract. •City will participate in project initiation workshop, conference calls, and meetings (workshop and meetings via Teams). •Invoice and progress report format will follow HDR standard format. •City will review progress report and approve invoices. •Labor costs and expenses for this contract will be tracked at the task level. •Direct expenses for travel, sustenance, printing, and photocopying will be billed to City. •HDR will proportionately adjust loaded labor rates to actual salary and wage increases for individuals. •Quality control reviews of work activities and project deliverables are included in the corresponding task. •Contract completion notice will be included with final progress report and invoice. Deliverables Deliverable work products consist of the following: •Meeting agendas transmitted to City via e-mail in .pdf format prior to project initiation workshop and meetings. •Meeting agendas delivered to City in hard copy format at project initiation workshop and project meetings, if held in person. •Notes from project initiation workshop, and meetings transmitted to City via e-mail in .pdf format. •Monthly progress report and invoice transmitted to City via hard copies. •Project Management Plan transmitted to City via e-mail in .pdf format, if requested. Task 200. inDENSE Evaluation Objective and Approach inDENSE is a wastewater process technology installed in the aeration basin system’s waste activated sludge (WAS) line which selectively retains well-settling biomass and selectively wastes poor settling biomass. It is anticipated that implementation of this technology may improve clarifier performance, augment secondary treatment capacity, and relieve current pressures on the nitrification system. However, the actual impacts from inDENSE will not be able to be quantified without a definite demonstration period at the WRF, which will require either leasing the equipment or purchasing it outright. There are important cost/benefit considerations that will determine which choice presents the best path forward, and the inDENSE evaluation will consider alternatives pertaining to equipment leasing vs. buying and the manner of installation. The evaluation will provide a recommendation on how to move forward, and will include a recommendation for how to conduct the most effective pilot and in- DocuSign Envelope ID: F8EF1C9A-AC93-41CE-8451-1620C71E3EA3 Attachment A - Scope of Services FULLY COMPLETEDAttachment A to PSA Amendment No. 1 3 222 field pilot process, taking into account considerations such as sunk cost and how to proceed if the technology is unsuccessful at the WRF. 201. inDENSE Evaluation Several alternatives will be evaluated during the inDENSE evaluation, including the following principal pathways: •Alternative 1. Pilot inDENSE during 3 – 6 Month Demonstration Period •Alternative 2. Purchase inDENSE without Demonstration Period, Temporary Installation •Alternative 3. Purchase inDENSE without Demonstration Period, Permanent Installation For each of these pathways, opinions of probable construction cost (OPCCs) will be quantified, including any sunk costs that will not be recuperated in the case of unfavorable technology performance at the WRF. To inform a final recommendation as to how to proceed, the process Biowin baseline model will be updated to simulate the implementation of the inDENSE system in the existing WRF process. The model simulation will be used to identify the potential effects of implementing the inDENSE system, and the model will be adjusted to simulate the following process changes: •Increased MLSS in the basins, •Retention of BNR organisms. The modeling results will be weighed against the OPCCs for each alternative pathway, and the consequences of potentially unfavorable real-world performance at the WRF, to provide a recommendation for moving forward. Task 200 Deliverables Deliverable work products consist of the following: •Technical Memorandum summarizing the results and recommendations of the inDENSEevaluation •Meeting agendas transmitted to City via e-mail in .pdf format prior to coordination calls and meetings. Task 300. Effluent Filtration Study Objective and Approach An effluent filtration study will identify an approach and filtration technologies for the WRF, including wetland tertiary treatment. Materials, costs, and treatment outcomes will be identified. Head requirements will also be determined to ascertain if filters can be incorporated into the existing hydraulic profile or whether pumps will be required. The schedule for the Effluent Filtration Study task will be prioritized in order to provide the City with our recommendations as they may impact or affect the City’s planning for the shops complex at the WRF. DocuSign Envelope ID: F8EF1C9A-AC93-41CE-8451-1620C71E3EA3 Attachment A - Scope of Services FULLY COMPLETEDAttachment A to PSA Amendment No. 1 4 223 301. Technological Review The Effluent Filtration Study will determine which filter technology is best suited for the needs of the WRF. This evaluation will principally evaluate filter performance and what technologies coincide with the nutrient discharge limits in the Facility Plan Treatment Scenarios but will also include an evaluation of wetland tertiary treatment that considers data from the recent wetland pilot study performed by Montana State University. Tertiary membrane filters (TMF) were presented and recommended in the Facility Plan because they have a proven ability to meet the required phosphorus limit, but TMF technology is also expensive. The Effluent Filtration Study will evaluate other filtration options, like sand filters and cloth media filters, and determine whether they can meet the required phosphorus limit in a more cost-effective manner. It is anticipated that up to four filtration technologies will be evaluated. 302. Process Integration Review The evaluation will consider the physical head requirements of each filter technology and whether they can integrate into the WRF’s existing treatment train or if pumping will be required. A preliminary examination of the WRF’s hydraulic profile shows that there is limited available head between the secondary clarifiers and the UV disinfection system, suggesting that pumping may be required. If this is the case, HDR will evaluate and determine feasible locations where pumping equipment/infrastructure can be installed on site and within the physical constraints of the tertiary treatment train. Task 300 Assumptions The fee for this task is based upon the following assumptions: •Results and data from the wetland pilot study at the WRF will be provided. Task 300 Deliverables Deliverable work products consist of the following: •Effluent Filtration Study delivered electronically, •Meeting agendas transmitted to City via e-mail in .pdf format prior to Effluent FiltrationStudy review, •Notes from meetings, transmitted to City via e-mail in .pdf format. Task 400. UV & Digester Preliminary Design Report Objective and Approach The development of a preliminary design report (PDR) to encompass the design plan for the new digester (Digester 4) and UV capacity addition. Digester predesign will include an evaluation of heating and biogas utilization, digester sizing, mixing, and siting of the digester on DocuSign Envelope ID: F8EF1C9A-AC93-41CE-8451-1620C71E3EA3 Attachment A - Scope of Services FULLY COMPLETEDAttachment A to PSA Amendment No. 1 5 224 the WRF property. Previous reports, studies, and current loading rates will be reviewed and design parameters will be updated, as necessary. 401. Digester Design The PDR will confirm sizing and mixing for Digester 4, which is anticipated to be sized similarly to Digester 3. The Digester 4 sizing will provide redundancy and a minimum 15-day HRT through the planning period outlined in the Wastewater Facilities Plan, consistent with Class B sludge production requirements. The proposed location for Digester 4 will be adjacent to Digester 3, but this siting will be evaluated against the risk of erosion in this area from the East Gallatin River. The existing Digester Control Building was designed to accommodate a future digester with the use of existing piping that is currently available to connect the new digester to the dewatering process. Like Digester 3, Digester 4 will process both the WAS and digested PSL stream from Digesters 1 and 2. Given the role of Digester 3 in processing the WAS stream from the bioreactors, and the accompanying phosphorus load that comes with it, Digester 4 will be designed similarly to Digester 3 to mitigate the effects of struvite accumulation. 402.Digester Heating and Biogas Utilization Providing heat is a fundamental component of successful mesophilic anaerobic digester operation. Digester 4 will require a new heat exchanger and connection to the WRF’s hot water recirculation system to provide heating. There is room for installation of the new heat exchanger in the Digester Control Building basement. The WRF’s boilers will require a capacity evaluation to determine if they can support an additional digester, or if additional boiler capacity will be required. An option of reusing the biogas from Digester 4 will also be evaluated within the PDR. 403. UV Treatment System Design The UV system is currently sized to deliver a dosage of 35,000 ɥWatt-sec/cm2 for a peak hour flow of 16.9 mgd, with expansion capacity in the UV banks to accommodate a peak hour flow of 25.4 mgd. The 2022 Facility Plan Update predicts a 2025 peak hour flow of 17.5 mgd, eclipsing current peak hour capacity. This task will include evaluation of the upgrade and controls of the UV system to meet the future needs and flow. Task 400 Assumptions The fee for this task is based upon the following assumptions: •City will provide required information, as requested. •construction cost will not vary from opinions of probable cost Engineer prepares. Task 400 Deliverables Deliverable work products consist of the following: •Preliminary Design Report, delivered electronically. DocuSign Envelope ID: F8EF1C9A-AC93-41CE-8451-1620C71E3EA3 Attachment A - Scope of Services FULLY COMPLETEDAttachment A to PSA Amendment No. 1 6 225 Opinion of Probable Project Costs Assumption Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. Proposed Schedule Based on an anticipated Notice to Proceed date of June, 2024, the projected project schedule is as follows: Task Description Schedule 100 Project Management Project Duration 200 inDENSE Pilot Tech Memo June 2024 – Sept 2024 300 Effluent Filtration Study June 2024 – Aug 2024 400 UV & Digester PDR July 2024 – October 2024 DocuSign Envelope ID: F8EF1C9A-AC93-41CE-8451-1620C71E3EA3 Attachment A - Scope of Services FULLY COMPLETEDAttachment A to PSA Amendment No. 1 7 226 1 - Area Business Group Director - Coralyn Revis2 - Project Manager Engineer Sr - Craig Habben3 - Project Manager Engineer Sr - Jeff Zahller4 - Project Manager Engineer Sr - Jarrett Moran6 - Engineer Sanitary-2 - Calvin Zeltner20 - Engineer Sanitary-2 - Zach Maassen5 - Project Manager Engineer Sr - Adam Parmenter8 - Engineer Sanitary-2 - Tyson Schlect9 - Business Class Director - JB Neethling10 - Engineer Sanitary Sr-3 - June Leng25 - Accountant - Paden Kaufman21 - Area Business Group Director - Tom Hamlin15 - Engineer Electrical Sr - Lance Kirmeyer17 - SectionManagerTeamLeader - Trey Morris22 - CADDTechnician Civil 4 - Heather Fancher19 - Engineer Instrumentation Sr - Terry StulcTotal Budget Task Task Description Status MGT62 PJM21 PJM21-1 PJM21-2 ESA20 ESA20-2 PJM21-3 ESA20-1 MGT46 ESA30-1 ACT03 MGT62- 1 EEL30 MGT10 CCI04 EIN30 TOTAL HOURS LABOR INCL. ESCALATION TOTAL COST 101 Project Management Plan .4 5 9 2,000$ -$ 102 Project Inititation Workshop .4 4 2 2 12 3,075$ -$ 103 Progress Reports and Invoices .8 16 24 3,967$ -$ 104 Monitor Project Progress .8 8 2,124$ -$ 105 Project Quality Control .16 8 8 4 4 4 44 12,266$ -$ 106 Quality Assurance .8 8 2,467$ -$ 107 Project Close-Out .4 8 12 1,984$ -$ Subtotal (including optional)28 24 4 10 0 7 8 0 0 0 24 4 0 4 0 4 117 27,883$ 27,883$ 2.1 InDENSE Evaluation .16 40 20 20 80 8 8 8 4 12 4 220 47,300$ -$ Subtotal (including optional)16 0 0 0 40 20 20 80 8 0 0 8 8 4 12 4 220 47,300$ 47,300$ 3.1 Technological Review .16 80 30 16 142 24,709$ -$ 3.2 Process Integration Review .16 60 20 16 112 20,272$ -$ Subtotal (including optional)32 0 0 0 140 50 32 0 0 0 0 0 0 0 0 0 254 44,981$ 44,981$ 4.1 Digester PreDesign .16 30 8 80 20 10 10 8 10 192 39,001$ -$ 4.2 Digester Heating and Biogas Utilization .16 40 8 40 40 8 10 10 8 10 190 42,950$ -$ 4.3 UV Treatment System Evaluation .8 8 24 8 4 2 8 8 10 80 17,608$ -$ Subtotal (including optional)40 0 70 24 144 60 16 0 0 4 0 22 28 0 24 30 462 99,559$ 99,559$ Total (including optional)116 24 74 34 324 137 76 80 8 4 24 34 36 8 36 38 1053 219,723$ 219,723$ Task 1 Project Management Task 2 InDENSE Evaluation Task 4 UV & Digester PDR Task 3 Effluent Filtration Study HDR DocuSign Envelope ID: F8EF1C9A-AC93-41CE-8451-1620C71E3EA3 Attachment A - Scope of Services FULLY COMPLETEDAttachment A to PSA Amendment No. 1 8 227 Attachment B - Scope of Preliminary Design Phase, Final Design Phase and Bidding Phase Services BACKGROUND The overall objective of this project is to complete design, bidding and construction administration services for the City of Bozeman (City) Water Reclamation Facility (WRF) Phase 1 Base Hydraulic Upgrade Project. The major project elements include a new anaerobic digester, gravimetric selective wasting implementation, and thickening expansion. These project components were identified in the Pre-design Report and are driven by the need for additional capacity for these components. SCOPE OF SERVICES The scope of services is identified in the following tasks and will commence upon written Notice to Proceed (NTP) with the selected tasks. The project schedule will be determined at the time of NTP but is anticipated to be 18 months, with Construction Administration and Observation as future tasks. Tasks Description 100 Project Management 200 30% Design 300 60% Design 400 Final Design 500 Bidding Services Task 100. Project Management Objective and Approach HDR will manage its professional services contract to provide completion of the project. HDR will prepare and implement a project management plan; manage scope, schedule, and budget; and initiate and attend project coordination meetings. 101.Project Management Plan A Project Management Plan (PMP) will be prepared which communicates project objectives, scopes, budgets, schedule, communications protocols, constraints, applicable regulations, health and safety requirements for field work, and guidelines to project team members. As part of the PMP, a Quality Management Plan (QMP) will be developed that defines the QA/QC process for the project. Attachment B to PSA Amendment No. 1 1 228 102. Project Initiation Workshop Conduct a workshop between the City and HDR to discuss scope, project schedule, deliverables, and initial data requests. An agenda will be prepared and distributed to the anticipated attendees. Prepare and distribute notes to attendees after the workshop. 103. Progress Reports and Invoices Prepare monthly project status reports that compare work accomplished with scheduled activities, compare expenditures with task budgets, and describe changes to the scope that have occurred. Submit progress report combined with invoice for the duration of the project. 104. Monitor Project Progress Monitor project progress using earned value management by evaluating on a monthly basis the work completed, work remaining, schedule, budget expended, estimated cost of remaining work, and estimated cost at completion. Communicate scope, schedule, and budget status with the project team and review technical content of work products. Inform City in monthly progress report of potential budget or schedule related issues. Meet bi-weekly with the Project Manager to review status and schedule. 105. Quality Assurance Develop a Quality Management Plan (QMP) prior to commencing work. The QMP will define the specific quality practices, resources, and sequence of activities that will be used to fulfill the requirements for quality relevant to this project. Quality assurance (QA) components will define the systematic activities that will be completed to provide adequate confidence that deliverables will satisfactorily fulfill quality requirements. Quality control (QC) components will define the techniques and activities that will be used to verify an established level of quality has been achieved. 106. Project Close-Out Consolidate working files into final records folders. Destroy duplicate, draft, and obsolete documents. Verify record documents are included in final records folders. Verify and document that the contract terms and conditions have been met and deliverable obligations completed. Issue a contract completion notice to City. Task 100 Assumptions The fee for this task is based upon the following assumptions: • This task is for the administration and management of HDR’s contract. • Owner will participate in project initiation workshop, conference calls, and meetings (workshop and meetings via Teams). • Invoice and progress report format will follow HDR standard format. • Owner will review progress report and approve invoices. • Direct expenses for travel, sustenance, printing, and photocopying will be billed to the Owner Attachment B to PSA Amendment No. 1 2 229 • HDR will proportionately adjust loaded labor rates to actual salary and wage increases for individuals. • Quality control reviews of work activities and project deliverables are included in the corresponding tasks. • Contract completion notice will be included with the final progress report and invoice. Task 100 Deliverables Deliverable work products consist of the following: • Meeting agendas transmitted to Owner via e-mail in .pdf format prior to project initiation workshop and meetings. • Meeting agendas delivered to Owner in hard copy format at project initiation workshop and project meetings, if held in person. • Notes from project initiation workshop, and meetings transmitted to via e-mail in .pdf format. • Monthly progress report and invoice transmitted to Owner digitally or otherwise as requested. Task 200. 30% Design Objective and Approach Project preliminary design to meet the requirements of the City and the State of Montana DEQ Circular DEQ-2 Design Standards for Public Sewage Systems. The 30% design will be based on the previously completed digester pre-design report (PDR), and the gravimetric selective wasting technical memorandum. This includes a preliminary specification list, and 3D BIM models, walked through in a workshop format. It doesn’t include 2D plans at this stage. Specifications will use the six-digit format of the Construction Specifications Institute. HDR’s, Engineer’s Joint Council General Conditions, and the City’s engineering and equipment standards will be used to maintain consistency and compatibility with the City’s facilities. 201. Digester 30% Design Subtask A - Evaluation of cast in place, prestressed and steel digester construction with cost estimates for the alternatives. Delivery shall be a brief technical memorandum outlining the three alternatives. Subtask B – Digester 30% Design Upon selection of the digester type, the new digester design will be based on decisions and recommendations made in the previous project phase, including its location, size, and associated equipment required. The new digester will consist of a tank (type to be determined) with 0.6 million gallons of operational volume, a new mixing system, a new heat exchanger, associated yard piping and appurtenances for sludge and gas, and controls and instrumentation. Attachment B to PSA Amendment No. 1 3 230 The new digester will be fed thickened primary sludge previously digested in digesters 1 and 2, and TWAS, and will be heated with the existing digester heating system. The existing Digester Control Building 2 was designed to accommodate a future digester with the use of existing piping that is currently available to connect the new digester to the dewatering process, therefore it is assumed that minimal modifications will be required for the digester piping and heating system. Subtask C – Geotech Evaluation One (1) geotechnical soil boring and geotechnical report is included in this subtask and will be performed by a subconsultant to HDR (Pioneer Technical), to determine the soil bearing and structural design for the digester. 202. Thickening 30% Design The thickening portion of the design project will be based on decisions and recommendations made in the previously completed Predesign Report including equipment type, approximate location, and unit capacity. The two existing RST thickening units located in Digester Control Building 2 will be replaced with two disk thickeners with capacity anticipated to meet the increase in WAS flow expected from the gravimetric selective wasting implementation. Additional pumping modifications or replacements may be required as well as associated piping, appurtenances, and controls and instrumentation modifications. 203. Gravimetric Selective Wasting 30% Design The gravimetric selective wasting design will be based on decisions and recommendations outlined in the gravimetric selective wasting technical memorandum, including location, configuration, and associated piping and holding tanks. Three gravimetric selective wasting hydrocyclones will be purchased and installed in a new or existing structure within, above, or adjacent to RAS Station No. 2. Existing WAS pumps in RAS Station No. 2 will be replaced with higher capacity pumps. The existing WAS pumps will become the two overflow pumps for the hydrocyclones. An overflow storage tank, as well as controls and instrumentation design are included. Task 200 Assumptions The fee for this task is based upon the following assumptions: • Existing geotechnical data will be used for the RAS No. 2 location. It is assumed a single geotech bore will be needed to gather additional information for the digester. Hydrocyclone sizing will be reevaluated and confirmed with vendor prior to purchase. • No additional work is required on the digester heating system with the exception of adding a new heat exchanger and associated piping to connect the new digester. Task 200 Deliverables Deliverable work products consist of the following: • 30%3D Building Information Modeling (BIM) Models and specifications list. Attachment B to PSA Amendment No. 1 4 231 • Meeting agendas transmitted to City via e-mail in .pdf format prior to coordination calls and meetings. Task 300. 60% Design Objective and Approach Project preliminary design to meet the requirements of the City and the State of Montana DEQ Circular DEQ-2 Design Standards for Public Sewage Systems. The 60% design will be based on the previously completed pre-design report, gravimetric selective wasting technical memorandum, and design decisions made in the 30% design task. This includes a 60% project manual, 60% plans, with preliminary opinions of probable construction cost (OPCC). Also included is a formal design review where HDR will present the 60% design to City staff to seek input and comments. HDR will prepare a memorandum which summarizes comments and provides the design team’s response to the comments. 301. Digester 60% Design The digester 60% design will progress the digester design from 30% to 60%. Includes process, structural, electrical, controls, and mechanical. 302. Thickening 60% Design The thickening 60% design will progress the thickening expansion design from 30% to 60%. Includes process, structural, electrical, controls, and mechanical. 303. Gravimetric Selective Wasting 60% Design The gravimetric selective wasting 60% design will progress the gravimetric selective wasting design from 30% to 60%. Includes process, structural, electrical, controls, mechanical and architectural. Task 300 Deliverables Deliverable work products consist of the following: • 60% plans, 60% 3D Building Information Modeling (BIM) Models, 60% specifications. • Notes from meetings, transmitted to City via e-mail in .pdf format. Attachment B to PSA Amendment No. 1 5 232 Task 400. Final Design Objective and Approach Project final design to meet the requirements of the City and the State of Montana DEQ Circular DEQ-2. Final design will be based on the previously completed pre-design report, gravimetric selective wasting technical memorandum, and decisions made in the 30% and 60% design tasks. This includes a bid-ready project manual and plan set, and opinions of probable construction cost (OPCC). This task also includes a formal design review with City staff, prior to submitting plans and specifications to Montana DEQ and the local building department for review and approval. HDR will respond to comments and incorporate revisions as needed to get project approval. 401. Digester Final Design The digester final design will progress the digester design from 60% to final. 402. Thickening Final Design The thickening final design will progress the thickening design from 60% to final. 403. Gravimetric Selective Wasting Final Design The gravimetric selective wasting final design will progress the gravimetric selective wasting design from 60% to final. 404. Agency Submittal and Coordination Coordination and submittal to MDEQ for approval prior to construction of the project. Task 400 Assumptions The fee for this task is based upon the following assumptions: 1. Agency review fees to be paid directly by Owner. 2. Owner to assist with City of Bozeman building reviews. Task 400 Deliverables Deliverable work products consist of the following: • Bid-ready plans and specifications • Notes from meetings, transmitted to the City via e-mail in .pdf format. Task 500. Bidding Services Objective and Approach Attachment B to PSA Amendment No. 1 6 233 Provide bid period services assisting the City in administering the advertisement of and obtaining bids for the project. Other construction services will be covered by a separate contract. 501. Bid Advertisement. Assist in advertising for and obtaining bids for the construction contract. Prepare advertisements and notices announcing or soliciting bids for the construction of the project. The Owner will determine and select the newspapers or other media where the advertisements and notices will be placed, coordinate with the ad agencies, and pay directly for the advertisements and notices. 502. Bid Document Production & Distribution. Provide pdfs of bidding documents for issuing to plan centers, bidders, City and others requesting copies of the bidding documents. Drawings will be half-size, 11 inches by 17 inches. Other documents will be 8 ½ inches by 11 inches. Receive requests for bidding documents and half-size drawings, and issue and transmit the documents and drawing copies. Maintain a Plan holders List recording to whom copies of the bidding documents and half-size drawings have been issued. 503. Addenda & Bid Assistance. Assemble addenda as appropriate to interpret, clarify or expand the Contract Documents and distribute the addenda to plan holders. 504. Pre-Bid Conference. Prepare an agenda and conduct a pre-bid conference to be attended by the City, interested Contractors, and project team. Provide a presentation and a tour of the work site. 505. Bid Opening, Tabulation & Contract Award. Attend the bid opening, prepare bid tabulation sheets, and assist the City in evaluating bids and awarding the construction contract. Task 500 Deliverables Deliverable work products consist of the following: • Bid documents and drawings for distribution to interested bidders • Addenda as required • Bid advertisement • Pre-bid conference agenda/minutes • Bid tabulation and recommendation • Bid award and notice to proceed documents General Project Assumptions 1. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the Attachment B to PSA Amendment No. 1 7 234 cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. Attachment B to PSA Amendment No. 1 8 235 Client:Project:Project ManagerProcess EngineerEIT SanitaryEngineer SanitaryProcess QCEngineer Instrumentation SrInstrumentation QCEngineer Structural SrEngineer StructuralProject Accountant 2Digital Design CoordinatorEngineer ElectricalDesign EngineerCADTotal HoursLaborTOTAL DIRECT EXPENSESPioneer TechnicalTotal FeeTask001.0001.1 213 788001.2 8 4 416 6,059001.3 322456 12,619001.4 1313 3,811001.5 88 9,475001.6 448 1,71267 4 4 1 28104 34,464002.0002.1 81216 20 8,759002.2 24 80 24 15 45 40 24 60 100 252 82,648002.3 24 80 24 24 6 12 40 24 80 234 61,229002.4 24 24 80 24 55 40 40 24 100 311 92,613002.5 2 2 26 2,443002.682 186 106 72 88 97 120 72 76 280 823 247,692003.0003.1 24 80 40 15 45 60 40 60 120 304 97,287003.2 24 80 24 40 6 12 80 40 80 306 85,768003.3 24 24 80 32 55 40 80 32 120 367 113,749003.4 2 2 26 2,443003.5003.674 186 106 112 76 97 220 112 60 320 983 299,247004.0004.1 30 80 60 15 45 40 40 60 80 310 99,152004.2 27 60 24 60 12 22 40 40 100 285 86,605004.3 28 24 80 32 55 40 40 32 120 331 99,265004.4 4 4 412 4,886004.5 8 3240 6,968004.697 200 108 152 82 107 120 112 60 300 978 296,877005.0005.144 578005.2 8 81632 6,628005.3 8 60 876 16,723005.4 4 48 2,749005.5 2 46 1,663005.622 80 816126 28,342342 656 324 344 247 301 28 476 296 196 900 3,014906,622$ 6,841$ 16,538$ 930,000$ Total HoursCity of BozemanWRF Phase 1 Digester and Hydraulic Upgrades Fee EstiDigester Alternatives EvaluationDigester 30% DesignThickening 30% DesigninDENSE 30% DesignReview WorkshopProgress Reports and InvoicesMonitor Project ProgressQuality AssuranceProject CloseoutJuly 8, 2025Project ManagementProject Management PlanProject Initiation WorkshopTask Description30% DesignFinal DesignDigester Final DesignSubtotal 30% DesignThickening Final Design60% DesignDigester 60% Thickening 60% inDENSE 60% Review WorkshopSubtotal 60% DesigninDENSE Final DesignReview WorkshopAgency Submittal and CoordinationBidding AssistanceSubtotal Final DesignBid AdvertisementBid Document ManagementAddendaPre-Bid ConferenceBid Opening/Tab/AwardSubtotal Bidding AssistanceSubtotal Project ManagementTotal FeeAttachment B to PSA Amendment No. 1236 Memorandum REPORT TO:City Commission FROM:Natalie Meyer - Sustainability Program Manager Brian Heaston, Senior Water Resources Engineer Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign Task Order 3 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc., Providing for Final Design of a Non-Export Solar Power Installation at the Water Reclamation Facility MEETING DATE:July 22, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Task Order No. 3 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc., Providing for Final Design of a Non-Export Solar Power Installation at the Water Reclamation Facility. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:HDR Engineering provides professional engineering services on an on-call basis for the Water Reclamation Facility (WRF) under a master task order professional services agreement authorized by the City Commission on June 3, 2025. Task Order 3, attached, provides for engineering services to complete final design documents for a 553.4 kW non-export solar pholto- voltaic (PV) installation. The final design builds upon the preferred alternative selected by City staff through the prior solar feasibility study completed November 2024 by HDR. The City intends on utilizing the final design work product delivered by HDR to prepare public bidding documents to procure a solar installation contractor to complete the work. Staff’s goal is to issue the installation contract award prior to December 31, 2025. Contract award prior to year- end positions the City more favorably to seek full value of federal solar tax credits that are available under existing federal law. The tax credits will offset a portion of the capitalization costs for the solar installation project if the City satisfies eligibility criteria as determined by the IRS. UNRESOLVED ISSUES:The availability of the federal clean energy investment tax credit (ITC) for solar projects sunsets in 2028 under the budget reconciliation bill passed by Congress and signed into law by the President on July 4, 2025. Local 237 governments, nonprofits, and other eligible entities will still be able to claim the value of the clean energy tax credits through elective pay provisions. To qualify for the full 30% clean energy tax credit available under the law in 2025, specific IRS guidelines must be met. These IRS guidelines state that commencement of physical work of a significant nature, binding under a written contract, must have commenced prior to December 31, 2025. Site grading or clearing is excluded as significant work under the guidelines. Alternatively, 5% of the total cost of solar installation components must be procured, under a binding contract, prior to December 31, 2025. The Treasury is expected to issue updated IRS guidance on the rules related to “commencement of construction” within the next 45 days. If this IRS denies eligibility to the City for full tax credits available under federal law for 2025, then the City will still be technically eligible for the full 30% tax credit, subject to supply chain rules that will be phased in starting in 2026 , as well as new restrictions that disqualify projects that receive “material assistance” from foreign entities of concern (FEOC) connected to China, Iran, Russia, and North Korea. The determination of what qualifies as material assistance is broadly based on the countries from which components are sourced. The lack of clarity and definition in the budget reconciliation bill’s FEOC provisions make it difficult to ensure compliance. Treasury guidance on FEOC may not to be issued until after December 31, 2025. Assuming a solar project can comply with the FEOC rules, there is an accelerated phase-out for the ITC. There are two alternative deadlines. Entities can “commence construction” on a FEOC-compliant solar project before July 4, 2026 or ensure the FEOC-compliant solar project is placed in service before December 31, 2027. The budget reconciliation bill then fully eliminates tax credits for wind and solar starting in 2028 with a four-year window for projects to be placed in service. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Negotiated costs for Task Order 3 total $90,000. The task order costs are funded by the wastewater fund through capital improvement plan project 'WW155 - WRF Solar Arrays'. WW155 has an available budget of $1,239,600 entering FY26. Sufficient funding exists to cover Task Order 3 costs. Attachments: Task Order No. 3 - WRF Solar Installation Design - Combined.pdf Report compiled on: July 10, 2025 238 WRF Task Order No. 3 1 Exhibit A to Professional Services Agreement TASK ORDER NUMBER 03 Issued under the authority of Professional Services Agreement between the City of Bozeman and HDR Engineering, Inc. for: A range of professional and technical services related to operations and maintenance of the City of Bozeman Water Reclamation Facility and the East Gallatin River. This Task Order is dated July 22, 2025, between City of Bozeman (City) and HDR Engineering, Inc. (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Brian Heaston Contractor: Coralynn Revis SCOPE OF WORK: (attach additional sheet(s) as required) 1. See Attachment A – Task Order No. 3 Scope of Work – WRF Solar Power Design COMPENSATION: The anticipated level of effort for the above Task items are based upon the manhour projection and expense projection provided as Attachment B – Fee Estimate to this Task Order No. 3. Contractor shall be reimbursed on a Lump Sum basis a total amount of $90,000.00 without prior written authorization from the City of Bozeman. Contractor shall notify the City of Bozeman prior to executing additional work, and shall not proceed with additional work without written authorization from the City of Bozeman. Contractor shall invoice no more often than monthly for services provided in the prior month. The provisions of the Professional Services Master Task Order Agreement and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman HDR Engineering, Inc. By: By: Title: Title: Date: Date: Fed. ID. No. 239 ATTACHMENT A CITY OF BOZEMAN, MONTANA WRF SOLAR POWER DESIGN SCOPE OF SERVICES Project Summary: The project consists of a design of a ground mount non-export solar power system at the Bozeman, Montana Water Reclamation Facility (WRF). The work will incorporate ground mount areas A-E of the solar energy feasibility study dated November 22, 2024. The project scope is organized into three separate work tasks. The work tasks include: TASKS 100 Project Management 200 Preliminary Design 300 Final Design Task 100 Project Management Objective: Manage the professional services contract for completion of the project. Subtasks: 101 Coordination Meetings/Workshops Conduct a project kickoff meeting with key City staff to establish project goals and objectives, review the project decision process, define anticipated work products, identify information needed to perform the work, refine the schedule, and establish points of contact and project communication. Conduct regular monthly meetings with the City to review project progress, schedule, and budget. Identify information needs and make decisions regarding changes in the scope of the project, the design, and the construction services efforts. A total of four meetings are included in this scope. One meeting will be held on site including the kickoff meeting. Three meetings will be held remotely. 102 Progress Reports Provide monthly progress reports with each invoice in letter format. The progress reports will summarize the work progress and budget expenditures to date and identify information requirements or decisions that need to be made. 240 Deliverables: •Meeting agendas/minutes •Monthly invoices and project reports Task 200 Preliminary Design Objective: Perform a preliminary design that includes plans, details, diagrams, and draft specifications for the disciplines described below. Subtasks: 201 Civil Design includes preliminary layout of underground ductbanks, manholes, handholes, pull boxes, and drainage system. The site plan will include rough grading of the site and locations of the solar structures. Surveying will be performed to benchmark the solar panel areas and establish locations for civil features. Deliverables: •Preliminary design drawings •Preliminary design specifications •Topographic survey of site in AutoCAD format. 202 Electrical Design includes placement of solar panels, inverters, controllers, aggregation panels, conduits, wires, and terminations to the site main bus. Specific items include: •Site Plan and Partial Plans as appropriate •Site One-line Diagram •Network and Control diagram •Conduit and Cable Schedule •Installation Details •Elevations and Sections •Non-export control analysis in accordance with NorthwesternEnergy Rule 17 – Reverse Power Protection. •Draft Division 26 specification •Development of the preliminary network control descriptionincluding SCADA incorporation and distributed inverter designconcept. Deliverables: •Preliminary design drawings 241 •Preliminary design specifications 203 Development of Opinion of Probable Project Cost (OPPC) Task 203 will include the development of a preliminary OPPC based on the design. Opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. Deliverables: •Estimate of probable project cost Task 300 Final Design Objective: Perform a final design that includes plans, details, diagrams, and draft specifications for the disciplines described below. Subtasks: 301 Civil Design includes refinement and finalization of drainage, grading, underground ductbanks, manholes, handholes, pull boxes, and drainage system. Specific items include: •Site utility plan including layout of the solar structures. •Site grading plan. Contours will be shown at 5-foot increments. •Drainage design utilizing dry wells for storm water management. •NPDES permitting for stormwater discharge from constructionactivities. •Division 02, 31, 32 and 33 specifications Deliverables: •Final Design Drawings •Final Design Specifications •NPDES Permit Application Assumptions 242 •Drainage design assumes that the storm water can be managedwith dry wells. Drainage design does not include design of a stormwater sewer system nor any retention/detention ponds. 302 Electrical Design includes refinement and finalization of placement of solar panels, inverters, controllers, aggregation panels, conduits, wires, and terminations to the site main bus. Specific items include: •Site Plan and Partial Plans as appropriate •Site One-line Diagram •Network and Control diagram •Conduit and Cable Schedule •Installation Details •Elevations and Sections •Non-export control design and agreement review in accordance with Northwestern Energy Rule 17 – Reverse Power Protection. •Division 26 specification •Development of the network control description including SCADA incorporation and distributed inverter design. Deliverables: •Final Design Drawings •Final Design Specifications •Final OPCC Assumptions •Design can be based on a specific known and economical equipmentmanufacturer, with approved equal included in specifications. •Plant personnel will assist during manhole investigations to identifyspare conduits. •Previously existing geotechnical report for the area will be used. •City will participate in Northwestern Energy discussions for establishingthe No-Export agreement. •The design will use Operational Technology (SCADA system) darkfibers in conjunction with new fiber communication cables to integratemonitoring information into the Plant’s SCADA. •SCADA programming is not included in this design, but monitoring points will be indicated in the design. •OWNER agrees that the effectiveness of operational technologysystems and features designed, recommended or assessed by ENGINEER (collectively “OT Systems”) are dependent upon OWNER’s continued operation and maintenance of the OT Systems inaccordance with all standards, best practices, laws, and regulationsthat govern the operation and maintenance of the OT Systems. 243 OWNER shall be solely responsible for operating and maintaining the OT Systems in accordance with applicable laws, regulations, and industry standards (e.g. ISA, NIST, etc.) and best practices, which generally include but are not limited to, cyber security policies and procedures, documentation and training requirements, continuous monitoring of assets for tampering and intrusion, periodic evaluation for asset vulnerabilities, implementation and update of appropriate technical, physical, and operational standards, and offline testing of all software/firmware patches/updates prior to placing updates into production. Additionally, OWNER recognizes and agrees that OT Systems are subject to internal and external breach, compromise, and similar incidents. Security features designed, recommended or assessed by ENGINEER are intended to reduce the likelihood that OT Systems will be compromised by such incidents. However, ENGINEER does not guarantee that OWNER’s OT Systems are impenetrable and OWNER agrees to waive any claims against ENGINEER resulting from any such incidents that relate to or affect OWNER’s OT Systems. •Solar racking system will be designed by the solar panel supplier,which is customary. Racking choice by the City is for ballasted racks. 244 Fee Estimate as of 07/10/2025 Client: City of Bozeman Project: Solar Power Design Summary of Hours QA/QC 13.00 Engineer Electrical Sr 118.00 Design Coordinator - Control Systems 130.00 Design Engineer 71.00 Digital Design Coordinator 116.00 Project Manager 14.00 Project Accountant 2 4.00 Total Hours 462.00 Total HDR Labor $82,855.00 Total ODC $1,675.00 Total Subcontractors $5,470.00 Total Fee $90,000.00 Attachment B - Fee Estimate 245 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:A Resolution Approving Change Order One to the Smith River Construction Contract for Story Mill Splash Pad MEETING DATE:July 22, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Adopt a Resolution Approving Change Order One to the Smith River Construction Contract for the Story Mill Splash Pad STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:Additional concrete demolition and replacement work was needed to meet existing grades adjacent to the splash pad. This change order authorizes the work. UNRESOLVED ISSUES:NA. ALTERNATIVES:NA. FISCAL EFFECTS:The Change Order increases the contract amount by $24,350 which is within the funding authorized in the FY25-26 biennial budget. Attachments: Resolution_Splash-Pad_Smith-River-Construction.doc Smith River Change Order.docx.pdf Report compiled on: July 3, 2025 246 1 of 2 RESOLUTION 2025____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING CHANGE ORDER ONE TO THE SMITH RIVER CONSTRUCTION CONTRACT FOR STORY MILL SPLASH PAD WHEREAS, the City Commission did, on the 15TH day of April 2025, authorize award of the bid for the Story Mill Community Park Splash Pad to Smith River Construction, LLC, Great Falls, Montana; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and Smith River Construction, as contained in Change Order No. 1, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. 247 Resolution 2025-_____, Change Order 1 for Story Mill Community Park Splash Pad 2 of 2 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 22nd day of July, 2025. __________________________________________ TERRI CUNNINGHAM Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _____________________________________________ GREG SULLIVAN City Attorney 248 CHANGE ORDER No. 1 DATE OF ISSUANCE EFFECTIVE DATE OWNER: City of Bozeman, MT CONTRACTOR Smith River Construction, LLC Contract: Story Mill Splash Pad Project: Story Mill Splash Pad OWNER's Contract No. GF250 ENGINEER TD&H ENGINEER's Contract No. B24-069 You are directed to make the following changes in the Contract Documents: Description: Incorporate revisions from sheets 2025.06.17 B24-069 C2.1 DEMO and 2025.06.17 B240-069 C2.2 GRADING Reason for Change Order: Change to Concrete Demo and Replacement Plan Attachments: (List documents supporting change) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER - Signature) Date OWNER (Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 CHANGE IN CONTRACT PRICE: Original Contract Price $ 682,000.00 Net Increase (Decrease) from previous Change Orders No. to : $ 0 Contract Price prior to this Change Order: $ 682,000.00 Net increase (decrease) of this Change Order: $ $24,350 Contract Price with all approved Change Orders: $ $706,350.00 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. : Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Docusign Envelope ID: C7E35598-669B-4488-ABE7-1A57E73F3A4D 7/9/2025 7/9/2025 249287 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Director of Community Development SUBJECT:Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of PLI on 1.048 Acres, the 2221 South 3rd Annexation, Application 24714 MEETING DATE:July 22, 2025 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24714 and move to approve the 2221 South 3rd Avenue Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 24174 and move to approve the 2221 South 3rd Avenue Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicants and property owner, Museum of the Rockies, seek to annex a 1.048-acre parcel into the City limits and establish initial zoning of PLI, Public Lands and Institutions. The property is currently zoned Public Lands and Institutions within the county and hosts a single-household structure with associated out buildings. Immediate vicinity municipal zoning includes R-1, Residential Single-Household Low Density, a recently annexed property directly to the south zoned R-3, Residential Medium-Density, and more diverse zoning designations within one third of a mile that includes R-2, B-P, B-1, R-3, and R-O. Even a small parcel of Agricultural Suburban unannexed 250 property kitty corner across South 3rd to the east. The Bozeman Community Plan 2020 (BCP2020) designates this and the surrounding property as Public Institutions on the Future Land Use Map. Schools are a dominate use including Montana State University. Other typical uses are libraries, fire stations, and publicly operated utilities. Pursuant to section 38.300.130, BMC, the intent of the PLI public lands and institutions district is to provide for major public and quasi-public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district; however, larger areas will be designated PLI. Community Development Board (Zoning Commission) Summary: The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on July 7, 2025. After considering the staff report, applicant submittal, public comment, and all available information they voted (5:0) to recommend approval of the requested zoning. A full recording of the deliberations can be viewed at the following link. https://bozeman.granicus.com/player/clip/2522?view_id=1&redirect=true No public comment has been received on this application. UNRESOLVED ISSUES:There are no identified conflicts on this application. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 24714 2221 South 3rd ANNEX - ZMA CC SR.pdf Report compiled on: July 9, 2025 251 Page 1 of 34 24714 Staff Report for the 2221 South 3rd Avenue Annexation & ZMA Public Hearings: Community Development Board (map amendment only) July 7, 2025 City Commission (Annexation and map amendment) July 22, 2025 Project Description: Annexation of 1.048 acres and amendment of the City Zoning Map for the establishment of a zoning designation of PLI (Public Lands & Institutions). Project Location: Property is addressed as 2221 South 3rd Avenue and more accurately described as Tract 2, COS 2636, located in the Southeast One-Quarter (SE ¼), Section 13, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana. The annexation and zone map amendment would also apply to the street adjacent to the property. Recommendation: Meets standards for approval with contingencies. Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24714 and move to recommend approval of the 2221 South 3rd Avenue Zone Map Amendment, with contingencies required to complete the application processing. Recommended Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24714 and move to approve the 2221 South 3rd Avenue Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Recommended Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 24174 and move to approve the 2221 South 3rd Avenue Zone Map Amendment, with contingencies required to complete the application processing. Report: June 30, 2025 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action – Legislative 252 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 2 of 34 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Community Development Board acting in their capacity as the Zoning Commission, as well as the annexation and the zoning amendment for the City Commission. The application materials are available on the City’s website in the laserfiche archive. Unresolved Issues There are no identified conflicts between the City and application regarding the annexation or zoning. Project Summary The applicants and property owner, Museum of the Rockies, seek to annex a 1.048-acre parcel into the City limits and establish initial zoning of PLI, Public Lands and Institutions. The property is currently zoned Public Lands and Institutions within the county and hosts a single-household structure with associated out buildings. Immediate vicinity municipal zoning includes R-1, Residential Single-Household Low Density, a recently annexed property directly to the south zoned R-3, Residential Medium-Density, and more diverse zoning designations within one third of a mile that includes R-2, B-P, B-1, R-3, and R-O. Even a small parcel of Agricultural Suburban unannexed property kitty corner across South 3rd to the east. The Bozeman Community Plan 2020 (BCP2020) designates this and the surrounding property as Public Institutions on the Future Land Use Map. Schools are a dominant use including Montana State University. Other typical uses are libraries, fire stations, and publicly operated utilities. Pursuant to section 38.300.130, BMC, the intent of the PLI public lands and institutions district is to provide for major public and quasi-public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district; however, larger areas will be designated PLI. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. 253 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 3 of 34 References in the text of this report to Articles, Divisions, or in the form XX.XXX.XXX are to the Bozeman Municipal Code. Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on July 7, 2025. After considering the staff report, applicant submittal, public comment, and all available information they voted (5:0) to recommend approval of the requested zoning. A full recording of the deliberations can be viewed at the following link. https://bozeman.granicus.com/player/clip/2522?view_id=1&redirect=true No public comment has been received on this application. Alternatives 1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 254 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 4 of 34 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues ............................................................................................................. 2 Project Summary ............................................................................................................... 2 Community Development Board (Zoning Commission) Summary .............................. 3 Alternatives ........................................................................................................................ 3 SECTION 1 - MAP SERIES........................................................................................................ 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .................................................... 9 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ............ 10 SECTION 4 – ADVISORY COMMENTS .................................................................................. 11 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS............................................... 12 Annexation ....................................................................................................................... 12 Zone Map Amendment ................................................................................................... 12 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS .......................................... 13 SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 20 PROTEST NOTICE FOR ZONING AMENDMENTS ................................................................ 32 APPENDIX A - NOTICING AND PUBLIC COMMENT ............................................................ 33 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ............................ 33 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ...................................... 34 FISCAL EFFECTS .................................................................................................................... 34 ATTACHMENTS ...................................................................................................................... 34 255 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 5 of 34 SECTION 1 - MAP SERIES Project Vicinity Map 256 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 6 of 34 Project Vicinity Map – Larger Area Subject Property 257 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 7 of 34 Zoning Map 258 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 8 of 34 Future Land Use Map 259 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 9 of 34 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “2221 South 3rd Annexation”. 2. An Annexation Map, titled “2221 South 3rd Annexation Map” with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable to the Director of Transportation and Engineering and must be submitted with the signed Annexation Agreement. 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. The land owners and their successors must pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. If they do not already exist, the applicant must provide executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following: a) Street improvements to South 3rd Avenue between West Kagy Blvd and West Graf Street, including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b) Intersection improvements at S 3rd Ave and West Kagy Blvd, including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. c) Intersection improvements at S 3rd Ave and West Graf Street, including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The SID waiver will be included with the 260 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 10 of 34 annexation agreement and filed with the County Clerk and Recorder at annexation. 6. City of Bozeman Resolution 5076, Policy 1 – South 3rd Ave is classified as a Collector in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way ROW width of (90) feet. The applicant must provide their respective South 3rd Ave ROW (45) feet from the centerline of the existing ROW as a public street and utility easement where South 3rd Ave is adjacent to the property prior to the adoption of Resolution of Annexation. 7. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 8. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 9. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. 10. The applicant must contact the City Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to annexation. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. The Ordinance for the Zone Map Amendment must not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City 261 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 11 of 34 Commission. If the Annexation Agreement is not approved, the Zone Map Amendment application is null and void. 2. All documents and exhibits necessary to establish an initial municipal zoning designation must be identified as the “2221 South 3rd Avenue Zone Map Amendment”. 3. The applicant must submit a zone amendment map, titled “2221 South 3rd Avenue Zone Map Amendment”, as PDF and a digital copy of the area to be zoned, acceptable to the Director of Public Utilities, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. The map must contain a metes and bounds legal description of the perimeter of the subject properties, zoning district, and total acreage of the property. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 4 – ADVISORY COMMENTS 1. Future Impact Fees - Please note that future building permit applications will require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees according to current rates please contact the Department of Community Development and/or visit www.bozeman.net. 2. BMC 38.410.130. Water Adequacy—The development will need to satisfy the water adequacy code requirement prior to a future site plan approval. If sufficient water rights can’t be provided to offsets the development's annual demand then a cash-in- lieu of water rights (CILWR) payment will be required. The City assesses the CILWR fee at a rate of $6,000 per acre-foot. The fee determination will take place during the site plan review, however if there are any questions or if a preliminary review is desired, please contact Griffin Nielsen with the Engineering/Utilities Department directly at gnielsen@bozeman.net or (406) 582-2279. The City encourages the use of groundwater wells to supply irrigation demands, which in turn will reduce the CILWR fee. Applicant must obtain a pre-determination from the DNRC demonstrating that a well groundwater well may be permitted under Montana’s exempt appropriation or that provide the water right documentation if existing prior to finalization of the CILWR fee determination. Finally, the City would like to make the owner aware of an available CILWR rebate of approximately 20% for residential units if high-efficiency 262 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 12 of 34 fixtures (toilets, washers, and shower heads) meeting the City Water Conservation Division standards are installed. The rebate would be released at occupancy and requires an agreement defining the terms and amount rebate be finalized and executed prior to final plan approval. If the owner is interested or has any questions, please reach out to Griffin Nielsen. 3. Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal High Groundwater - The subject project is located in an area known to have seasonally high groundwater. The applicant must confirm seasonal high groundwater elevations and seasonal high groundwater data must be measured and submitted with any future development application on the parcel. Due to the seasonal nature of SHGWL measurements, the applicant is advised to begin groundwater measurements in the winter and continue measuring through July. Measurements must be at sufficient intervals to define the SHGWL across the site. Industry guidance recommends a three-foot minimum separation from the bottom of a stormwater facility to the underlying groundwater table. The applicant is advised that future development may be subject to limitations or restrictions based on seasonal high groundwater elevations. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) did not find any deficiencies that prohibit annexation at this time that could not be addressed through future development review processes and adopted City Codes. The City Commission will hold a public meeting on the annexation on July 22, 2025. The meeting will begin at 6 p.m. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff found the requested zoning meets standards for approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 24714. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval 263 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 13 of 34 of the application that cannot be addressed with adopted standards and requirements for future development. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on July 7, 2025, and will forward a recommendation to the City Commission on the zone map amendment. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. The City Commission will hold a public meeting on the zone map amendment on July 22, 2025. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. The City Commission will conduct a public hearing on the proposed Zone Map Amendment application. SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 5076 Criteria In evaluating compliance with the following Goals and Policies, Staff considers the application materials, Terms of Annexation, and adopted standards of the City to determine whether the Goal or Policy can be met. Commission Resolution No. 5076 Goals Goal 1: The City of Bozeman encourages annexations of land contiguous to the City. This criterion is met. The property in question is contiguous to the City limits. The property is bounded on the south and east sides by City limits. Goal 2: The City encourages all areas that are totally surrounded by the City to annex. The subject property is wholly surrounded although is considered an inholding within city limits. Goal 3: The City encourages all properties currently contracting with the City for City services such as water, sanitary sewer, and/or fire protection to annex. Not applicable. The subject property is not currently contracting for services. 264 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 14 of 34 Goal 4: The City of Bozeman requires annexation of all land proposed for development lying within the existing and planned service area of the municipal water and sewer systems as depicted in their respective facility plans, any land proposed for development that proposes to utilize municipal water or sewer systems. This criterion is met. The subject property lies within the planned service area of the municipal water and sewer services. Existing sewer and systems are installed in the adjacent street right-of-way. As noted above, the area in question is an inholding with nearby properties currently being served by full City services included emergency services, and streets. Goal 5: The City encourages annexations within the urban area identified on the future land use map in the current Bozeman Growth Policy. This criterion is met. As shown in Section 1, the subject property is planned as Urban Neighborhood and is within the urban area of the growth policy. See the discussion under Criterion A of Section 7 of the report for more information on the growth policy. Goal 6: The City of Bozeman encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. This criterion is met. The subject property is one of several inholdings wholly surrounded by City Limits. This annexation would secure another section of South 3rd Avenue rights- of-way to meet requirements of the City’s Transportation Plan and will make the City’s boundaries more regular and improve efficient delivery of services. Goal 7: The City of Bozeman encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. This criterion is met. The subject property will provide additional right of way for South 3rd Avenue and, if or when developed, will improve the streetscape adjacent to the property and upgrade to current street standards. No addition internal street network is required to serve the property. Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size, but will allow annexation of smaller parcels if factors such as topographic 265 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 15 of 34 limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller annexation. The subject property is 1.048 acres plus the adjacent right-of-way. Goal 9: The City seeks to obtain water rights adequate for future development of the property with annexation. This criterion is met. After annexation, the subject property will be bound to the provisions of 38.410.130 which require evaluation of water adequacy and provision of water if needed at time of development. The municipal code section requires water rights or an equivalent to be provided. Exact timing and amounts will be evaluated during development review. There are several methods to address the requirements of 38.410.130. The annexation agreement will provide notice of this requirement, see Term of Annexation 10. The landowner will consent to this requirement by signature on the annexation agreement. Goal 10: The City of Bozeman encourages annexations for City provision of clean treated water and sanitary sewer. This criterion is met. The subject property is located within the City’s planned water and sewer service area. See Goal 4 above. The applicant proposes zoning for future development of homes. There is an existing home on the property which uses an onsite well and septic system. The annexation terms include requirements for future abandonment of the septic system and connection to the municipal sewer system. Any new construction must connect with initial construction to the municipal system. Terms of Annexation 8 - 9 address the termination of the existing on-site septic system. Exact timing will depend on the sequencing of future development. The City’s water and sewer systems are adjacent to the property. See the maps below. Per Term of Annexation 7, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Resolution No. 5076 Policies Policy 1: Annexations must include dedication of all easements for rights-of- way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and Class I public trails not within the right of way for arterial or collector streets. Annexations must also include waivers of right to 266 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 16 of 34 protest the creation of special or improvement districts necessary to provide the essential services for future development of the City. This policy is met. The recommended Terms of Annexation include requirements for provision of right of way for South 3rd Avenue, a Collector and Urban Route according to the Bozeman Transportation Plan, 2017 Update. See Terms of Annexation 6. Dedicated Streets or public street and utility easements provide locations for municipal water and sewer mains. Waivers of right to protest special improvement districts are included in Term of Annexation 5 for streets affected by the future development of the property. Any additional easements and rights of way will be provided within the property with future development of the property as required by municipal standards. Exact locations will be determined by further technical analysis and site design. Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. This policy is met. The subject property is planned for Public Lands. No change to the growth policy is required. The application includes a request for initial zoning of PLI. See the zone map amendment section of this report for analysis of the zone map amendment criteria Policy 3: The application for annexation must be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to any action for approval of the application for annexation. This policy is met. The property is designated “Public Lands” on the future land use map. No growth policy amendment is required. See discussion under zone map amendment Criterion A. Policy 4: Initial zoning classification of the property to be annexed will be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, simultaneously with review of the annexation petition. This policy is met. The property proposed for annexation requests a zoning designation of PLI. See the zone map amendment section of this report for review of the zoning criteria. The Zoning Commission will hold a public hearing on July 7, 2025. A recommendation will be forwarded to the City Commission once the hearing is complete. 267 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 17 of 34 Note: The annexation and the placement of a zoning district designation on the property by the City does not guarantee available services or approval of a specific development. Section 38.300.020.C of the Unified Development Code states: “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Policy 5: The applicant must indicate their preferred zoning classification as part of the annexation petition. This policy is met. The applicant has requested PLI, Public Lands and Institutions District. See Section 7 of this report for analysis of the requested zoning. Policy 6: Fees for annexation processing will be established by the City Commission. This policy is met. Applicant has paid required application fees. Policy 7: It is the policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the landowner proposes a method to provide for construction of the road to the City’s street standards. This policy is met. The property proposed for annexation is accessed from South 3rd Avenue, a Collector, which is paved to the edge of the subject property. Policy 8: Prior to annexation of property, the City will require the property owner to acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in accordance with Section 38.410.130 of the municipal code, as amended. This policy is met. The property owner shall provide usable water rights, or cash in-lieu of water rights thereof, in an amount to be determined by the Director of Public Utilities, as outlined by Section 38.410.130 of the municipal code. The calculated amount will be determined by the Director of Public Utilities and based on the zoning designation approved by the City Commission. This will be addressed with the annexation agreement. Policy 9: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City’s adopted facility plans. If the City determines 268 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 18 of 34 adequate services cannot be provided to ensure public health, safety and welfare, the City may require the property owner to provide a written plan for accommodation of these services, or the City may reject the petition for annexation. Additionally, the parcel to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. This policy is met. City infrastructure and emergency services are available to the subject property. A water main and a sewer main are located in South 3rd Street on the east side of the property. The property is located adjacent to residential development that is currently served by Bozeman Fire Department. Recommended Term of Annexation 7 includes the provision that the applicant will be responsible for installing facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. Policy 10: The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City. The City Manager may enter into an agreement with a property owner for connection to the City’s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder’s Office. The contract for connection to city sewer and/or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. The property is not currently provided City services. No emergency connection is requested. City services will be required to be provided concurrent with future development. Terms of Annexation 7 - 9 address connection to services. Policy 11: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Works. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Public Works. Mapping to meet the requirements of the Director of Director of Transportation and Engineering must be provided with the Annexation Agreement. Typically, this includes a 269 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 19 of 34 Portable Document File (PDF) for filing with the Annexation Agreement at the County Clerk & Recorder, an electronic map with a metes and bounds description for the property to be annexed for the City Engineer’s Office, and must be submitted with the signed Annexation Agreement. Mapping requirements are addressed in Recommended Term of Annexation 2. Policy 12: The City will assess system development/ impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. This annexation does not require immediate payment of fees. The annexation agreement will provide notice of obligations to pay impact fees at times as required in ordinance. See Term of Annexation 4. Policy 13: Public notice requirements: Notice for annexation of property must be coordinated with the required notice for the zone map amendment required with all annexation. The zone map amendment notice must contain the materials required by 38.220.410, BMC. Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle, and posted on the site as set forth under this policy. See Appendix A for more details. Policy 14: Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Commission. This policy will be implemented only if the Commission acts to grant preliminary approval. If the application is denied, then no annexation agreement will be necessary. Policy 15: When possible, the use of Part 46 annexations is preferred. This annexation is being processed under Part 46 provisions. Policy 16: Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. No road improvement district is associated with this application. 270 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 20 of 34 Policy 17: The City will notify the Gallatin County Planning Department and Fire District providing service to the area of applications for annexation. The necessary agencies were notified and provided copies of the annexation on June 25, 2025. Policy 18: The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation, but any potable uses must be supplied from the City water distribution system and any wells disconnected from structures. The property owner must contact the City Water and Sewer Superintendent to verify disconnects of wells and septic systems. An existing residential structure and associated out buildings are on the subject property which has on-site well and septic system and will be required to sever the use of the on- site systems and connect to City water and sewer service. A term of annexation requires connection to municipal water and sewer implements this policy. In conjunction with future connection the septic system must be properly abandoned and the well disconnected from the domestic supply. Terms of Annexation 7 – 9 address these issues. SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has discretion to determine a policy direction. The burden of proof that the application should be approved lies with the Applicant. See the application materials for the Applicant’s response to the criteria A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A- D are met. 271 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 21 of 34 In addition, the Commission must also consider criteria E-K and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2- 304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application has been within in the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Public Institutions. The Ur Public Institutions designation description reads: “The land in this classification is owned by a public entity. A variety of activities are undertaken in this land use classification. Schools are a dominant use including Montana State University. Other typical uses are libraries, fire stations, 272 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 22 of 34 and publicly operated utilities. A significant portion of Bozeman’s employment occurs within this category.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table, the PLI district is the only implementing district of the Public Institutions category. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by the applicant and staff. Conflict with the text of the growth policy has not been identified. The Applicant provided an argument that, “The Future Land Use Map in the Bozeman Community Plan 2020 designates the property as Public Institutions. The Bozeman Community Plan’s Public Institutions designation is intended for land that is owned by a public entity. The Community Plan describes the typical uses that occur within this designation as libraries, fire stations, and publicly operated utilities. When analyzing these guiding principles, the goals of the project, and the surrounding context of the site, the PLI zoning designation presents itself as the most appropriate zoning designation for this property. The applicant is a public institution and plans to continue to use this land for the purpose of benefiting the public through education and beautification.” The applicant continues with supporting goals and policies the requested PLI zoning aligns with and furthers. After consideration of presented materials, Staff generally concurs with the analysis presented in the application. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. Comment: The annexation request incrementally expands the city boundary and allows current and future development to utilize city utilities. Further, inholdings use city streets without financially supporting their use. 273 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 23 of 34 RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly Wastewater Collection Facilities surrounded areas. Comment: The subject property is adjacent to the city and wholly within the city’s service area for wastewater collection and water distribution. Annexation allows the property access to city services including wastewater collection. As noted in the terms of annexation, when the property connects to city services the existing septic system will be required to be disconnected and abandoned. Theme 5 | Influenced by regional cooperation and defined edges - Explore the annexation of inholdings to promote efficiency of services The Zone Map Amendment is proposed in association with an Annexation. The subject property is located directly adjacent to land already in the City of Bozeman. This application would reduce the size of the island of unannexed parcels that are surrounded by Annexed land and will result in a regular- shaped City boundary. Furthermore, the property is located within the urban services boundary and can be serviced with utilities. Goal N-4: Continue to encourage Bozeman’s sense of place. N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood character, and buildings that contribute to Bozeman’s sense of place through programs and policy led by both City and community efforts. Comment: The MOR property is an identifiable component of Bozeman, physically, culturally, and intellectually as well as a destination for visitors. Continuing that legacy will support this by ensuring the property falls within the PLI zone and is available for meeting the needs of the facility. N-4.2 Incorporate features, in both public and private projects, to provide organization, structure, and landmarks as Bozeman grows. The Museum of the Rockies is a staple in the Bozeman Community. The Museum is a significant contributor to the sense of place and landmarks of Bozeman. Allowing this property into the city will allow the Museum to grow over time and allow them to continue to foster this sense of place. Goal DCD-1: Support urban development within the City. DCD-1.10 Support University efforts to attract development near campus. Allowing this property into the city will allow for future development to happen overtime. This positive benefit to our community will hopefully help attract more development near the campus and within the city. 274 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 24 of 34 The property is wholly surrounded by the City. The property is seeking annexation and municipal zoning for the purpose of maintaining the use and intensity of the site. The application is in accordance with the growth policy. B. Secure safety from fire and other dangers. Criterion Met. The existing building is of unknown quality, fire, and safety measures. Any renovations, expansions, or removal and replacement must meet the development standards of the City and, in some cases, might require retrofitting to ensure the building is safe for occupants and neighboring properties. The 2017 Fire and EMS Master Plan shows this property within the acceptable response reach of the Fire Department, even before the construction of Fire Station No. 2. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. The initial zoning of PLI is not likely to adversely impact safety from fire and other dangers. The property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and there will be no difficulty extending service to this parcel. C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map in the Bozeman Community Plan. Public health and safety will be positively affected as the proposed annexation will allow the existing structure to connect to the City sewer system, thereby removing a septic system and lessening resulting groundwater discharge. As noted in criterion B, further development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. Public health and safety will be positively affected by requiring new and redevelopment to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. The BCP 2020, page 74, says regarding evaluation of Criteria B – D for zoning amendments: 275 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 25 of 34 “For a map amendment, all three of the above elements are addressed primarily by the City’s long range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site. For example, at the time of annexation, the final intensity of development is unknown, and it may be many years before development occurs and the impacts are experienced. The availability of other planning and development review tools must be considered when deciding the degree of assurance needed to apply an initial zoning at annexation.” The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. Private development must demonstrate compliance with standards. The application site is located within the City’s land use, transportation, parks, and utility planning areas and those plans show this property as developing within the City when development is proposed. Adequacy of all these public requirements is evaluated during the subdivision and site development process. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” 276 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 26 of 34 The development of public infrastructure improvements to serve the property will be required to conform to the City of Bozeman’s adopted standards, which require properties to construct public infrastructure and/or pay impact fees, assessments, and taxes to support transportation, water, sewer, school, parks, and other public requirements. City water and sewer lines are located adjacent to the property in the South 3rd Avenue right-of-way and the terms of annexation require the applicant to connect to municipal services and install any facilities required to provide full municipal services to the property. The property is accessed from South 3rd Avenue (collector). Park dedication is not required at this time. However, if additional residential units are constructed on the site, then parkland dedication, improvements or cash-in-lieu, or a combination thereof may be required. Any future development of the property will be evaluated for additional required improvements during the plan review process. South 3rd Avenue is listed in the Major Street Network (MSN) improvement list, the improvement is not on the current Capital Improvement Plan (CIP). See MSN-21 in the Bozeman Transportation Master Plan, 2017 Edition. Additionally, the street grid in the area continues to become more robust. Graf Street connecting South 3rd and South 19th is complete. In addition, Arnold Street connecting South 3rd and 11th was recently completed providing an additional transportation route. E. Reasonable provision of adequate light and air. Criterion Met. The PLI zoning designation has development requirements which provide for the reasonable provision of adequate light and air for the intent and purpose of the PLI zone. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. F. The effect on motorized and non-motorized transportation systems. Criterion met. The existing zoning is PLI under Gallatin County and the proposed zoning designation is PLI. The difference being who administers the regulations associated with the district. The City has adopted significantly more robust standards to ensure impacts are mitigated and plans for future growth to ensure all systems and facilities are capable of handling development. South 3rd is a designated Collector according to the Bozeman Transportation Plan. Required ROW needs is a part of the terms of annexation and future development will be required to construct uninstalled facilities adjacent and, depending on the proposal, off- 277 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 27 of 34 site. The existing site was not required to update the adjacent roadway to a complete street city standard that includes pedestrian, bicycle, stormwater, and other transportation and safety measures. Annexation and future development will require these minimum standards to be constructed improving the transportation system and safety for all users. Also, South 3rd can accommodate additional traffic based on current traffic loads. The intersection at Kagy Boulevard and Wilson is fully built out although the road surface needs attention. Kagy Boulevard is a Montanan Department of Transportation roadway. Terms of annexation require dedication of right-of-way along South 3rd Avenue necessary for completion of a Collector cross section roadway. Collector streets require 90 feet of right-of-way. The recommended terms of annexation and City’s development approval processes, for example requirements for easements, the waiver of the right to protect special improvement districts related to transportation, and construction of future roads are expected to sufficiently address impacted transportation systems as a result of the map amendment. On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says: “Development creates or funds many of the City’s local streets, intersection upgrades, and trails. Therefore, although a text or map amendment may allow more intense development than before, compliance with the adopted Plans and standards will provide adequate capacity to offset that increase.” As the zoning designation itself does not change traffic flow or transportation demand, and the compliance of future development with adopted standards will offset impacts from development. G. Promotion of compatible urban growth. Criterion Met. Individuals may have widely varying opinions about what constitutes compatibility. Compatible development and Compatible land use are defined in Article 38.7 BMC to establish a common reference for consideration of this criterion and application of development standards. They are defined as: “Compatible development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; 278 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 28 of 34 materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Compatible land use. A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The final sentence of the definition deserves emphasis “Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible development can be different than what is already in place. The City has adopted a variety of standards to implement compatibility. The proposed PLI district is a mixed-use institutional district. Permitted uses are eclectic and would likely be different that the historic use of a single-family residence associated with agricultural production and associated agriculture buildings. The property is zoned PLI in the Gallatin County Bozeman Area Zoning District and the proposed zoning is the same. Permitted uses are substantially the same between the two jurisdictions. Therefore, the expectation of use is not being changed and therefore is compatible even though a future development may be different that the historical use. The allowed uses for the PLI district are set in section 38.310.040. Staff concludes PLI zone is compatible and is urban growth as called for in the growth policy. See also discussion for Criteria A & H. H. Character of the district. Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area 279 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 29 of 34 in perpetuity. Rather, it provides a structured method to consider changes to the character. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. As with every application, staff considers the unique characteristics of each area, and the area considered may change depending on the scale of the area or the possible intensity of development allowed by the zoning district. Surrounding properties include a large swath low-density single-household residential to the south, nearby commercial node at the intersection of Kagy and South 3rd, a church property directly across the street, a substantial institutional area hosting the Museum of the Rockies and the Tinsley House, and a small un-annexed commercial property adjacent to the subject property in a A-S district. A-S zoning prohibits commercial uses. The Museum of the Rockies was founded in 1957 consisting of a 37.5-acre site and hosts the Tinsley House and pasture. The Tinsley House is preserved by the Museum of the Rockies as a living history museum. The 100 plus year-old house was originally located in Willow Creek, and it was moved to its present site in front of the museum in 1989. In addition to the developed area there is an associated open area used as a working exhibition to the Tinsley House. The property is an important component of the city and is memorialized as such by the underlying future land use designation and zoning classification. The annexation and municipal zoning requested maintains this continuity and enshrines the cultural foundation of the city. The area to the south is an established low density residential area known as the Westridge and Figgins subdivisions originally platted in 1960 and 1972 with construction of houses following the platting process. The Museum of the Rockies property was established prior the development of these residential areas. These two uses have evolved together. 280 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 30 of 34 The proposed PLI district is a mixed-use institutional district. Permitted uses are eclectic and would likely be different that the historic use of a single-family residence associated with agricultural production and associated agriculture buildings. The property is zoned PLI in the Gallatin County Bozeman Area Zoning District and the proposed zoning is the same. Permitted sues are substantially the same between the two jurisdictions. Therefore, the expectation of use is not being changed and therefore is compatible even though a future development may be different that the historical use. The allowed uses for the PLI district are set in section 38.310.040. Staff concludes PLI zone is compatible and is urban growth as called for in the growth policy. See also discussion for Criteria A & H. Therefore, staff concludes the change form Gallatin County / Bozeman Area PLI zoning to the City of Bozeman PLI is compatible. I. Peculiar suitability for particular uses. Criterion Met. Page 14 of the Applicant Narrative states the property is adjacent to a cluster of several PLI-zoned lots, making the subject property suitable for the zone. They continue by stating the property is a part of a larger area of PLI which includes the MOR campus and Montana State University. These institutions comprise what is currently the largest continuous PLI zoning district in Bozeman. Zoning the subject property would help strengthen the institutional core by ensuring the preservation of these institutional assets. Section 38.310.040, Authorized Uses in PLI, BMC, lists permitted uses in the PLI zone. Permitted uses are substantially similar to the existing PLI zoning founds in the Gallatin County Bozeman Area Zoning District. One primary difference is the city allows daycare by right and the County requires Conditional Use Permit prior to commencing operation. Pursuant to Section 14 of the Gallatin County / Bozeman Area Zoning District, permitted uses in the PLI are as follows: 281 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 31 of 34 The allowed uses for Bozeman’s PLI district are set in section 38.310.040. The property is zoned PLI today and requesting PLI within the Bozeman zoning code. Therefore, for all intents and purpose, there is no change in use stability. The R-1 zoned neighborhoods to the south have evolved in conjunction with the institutional area. Although MOR has not developed this site or adjacent sites, that may occur in the future although no plans have been submitted to the City. Staff concludes PLI zone is suitable urban growth as called for in the growth policy. See also discussion for Criteria A & H. J. Conserving the value of buildings. Neutral. The existing single-household residential structure with a variety of other outbuildings associated with the original homestead remains. The fact the MOR now 282 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 32 of 34 owns the property directly to the south of the subject property creates a buffer to the other residential structures in the vicinity. Any future development on the property will be subject to standards in the PLI zoning district which will ensure the conservation of adjacent building values including but not limited to standards set forth in the Unified Development Code for fire safety, setbacks, buffers and building heights, which will help alleviate any potential negative impacts to the values of adjacent buildings as a result of future development on the subject property. Therefore, this criterion is met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. As discussed in Criteria A above, this property has been planned for residential uses. The proposed PLI zoning designation will encourage the most appropriate use of land as the property is surrounded by lower density residential development, which is consistent with the intent of the BCP2020 goals and objectives. Furthermore, the proposed PLI zoning designation is consistent with the Bozeman Community Plan’s future land use map designation of “Public Institutions.” PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO- THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be 283 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 33 of 34 delivered to the Bozeman City Clerk, 121 North Rouse Avenue, PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on June 21 and 28, 2025. The site was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was or will be provided at least 15 and not more than 45 days prior to any public hearing. No public comment has been received. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Public Institutions” in the Bozeman Community Plan 2020. 1. Public Institutions. The land in this classification is owned by a public entity. A variety of activities are undertaken in this land use classification. Schools are a dominant use including Montana State University. Other typical uses are libraries, fire stations, and publicly operated utilities. A significant portion of Bozeman’s employment occurs within this category. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of PLI, “Public Lands and Institutions” in association with the annexation of the property. According to Sec. 38.300.130 of the Unified Development Code, “The intent of the PLI public lands and institutions district is to provide for major public and quasi-public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district; however, larger areas will be designated PLI.” 284 Staff Report for the 2221 South 3rd Annexation & ZMA, Application 24714 Page 34 of 34 The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of PLI correlates with the Growth Policy’s future land use designation of “Public Lands”. Authorized uses in Commercial, mixed-use, and Industrial districts are detailed in section 38.310.040. APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Museum of the Rockies, 600 West Kagy Blvd., Bozeman, MT 597 Applicant: Intrinsik Architecture, 106 E Babcock, Suite 1A, Bozeman, MT 59715 Representative: Intrinsik Architecture, 106 E Babcock, Suite 1A, Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials: https://weblink.bozeman.net/WebLink/Browse.aspx?id=296278&dbid=0&repo=BOZEMAN&cr=1 285 Memorandum REPORT TO:City Commission FROM:Anna Saverud, Chief Civil Attorney Greg Sullivan, City Attorney Chuck Winn, City Manager SUBJECT:Special Presentation Updating the City Commission on Ordinance 2172 Related to Camping on the Right-of-way MEETING DATE:July 22, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:None required. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:When the Bozeman City Commission adopted Ordinance 2172 in October of 2024, the Commission requested the City Manager provide an update to the Commission on the implementation of the ordinance prior to the expiration of the permit system. Pursuant to Section 5 of Ordinance 2172, the permit system sunsets and no camping on the right-of-way will be permitted after October 1, 2025. During this special presentation, the City Manager and staff will present data and insights from the past 7-8 months of efforts to implement Ordinance 2172. The Commission will have the opportunity to ask questions. UNRESOLVED ISSUES:None identified. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:The fiscal effects of implementing Ordinance 2172 will be discussed during this agenda item. Report compiled on: July 15, 2025 286 CHANGE ORDER No. 1 DATE OF ISSUANCE EFFECTIVE DATE OWNER: City of Bozeman, MT CONTRACTOR Smith River Construction, LLC Contract: Story Mill Splash Pad Project: Story Mill Splash Pad OWNER's Contract No. GF250 ENGINEER TD&H ENGINEER's Contract No. B24-069 You are directed to make the following changes in the Contract Documents: Description: Incorporate revisions from sheets 2025.06.17 B24-069 C2.1 DEMO and 2025.06.17 B240-069 C2.2 GRADING Reason for Change Order: Change to Concrete Demo and Replacement Plan Attachments: (List documents supporting change) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER - Signature) Date OWNER (Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 CHANGE IN CONTRACT PRICE: Original Contract Price $ 682,000.00 Net Increase (Decrease) from previous Change Orders No. to : $ 0 Contract Price prior to this Change Order: $ 682,000.00 Net increase (decrease) of this Change Order: $ $24,350 Contract Price with all approved Change Orders: $ $706,350.00 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. : Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Docusign Envelope ID: C7E35598-669B-4488-ABE7-1A57E73F3A4D 7/9/2025 7/9/2025 249287 3120 7/22/2025 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 42288 System for Award Management (SAM.gov) profile Please identify your organization to be associated with this application. All organization information in this section will come from the System for Award Management (SAM) profile for that organization. CITY OF BOZEMAN Information current from SAM.gov as of:05/04/2025 UEI-EFT:EEAPKALAEM35 DUNS (includes DUNS+4):083705293 Employer Identification Number (EIN):816001238 Organization legal name:CITY OF BOZEMAN Organization (doing business as) name: Mailing address:121 N ROUSE AVE BOZEMAN, MT 59715-3740 Physical address:121 N ROUSE AVE BOZEMAN, MT 59715-3740 Is your organization delinquent on any federal debt?N SAM.gov registration status:Active as of 10/14/2024 We have reviewed our bank account information on our SAM.gov profile to ensure it is up to date Applicant information Please provide the following additional information about the applicant. Applicant name City of Bozeman, MT Fire Department 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#1/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 43289 Main address of location impacted by this grant Main address 1 300 East Oak Street Main address 2 121 N. Rouse Ave. City Bozeman State/territory MT Zip code 59715 Zip extension 1230 In what county/parish is your organization physically located? If you have more than one station, in what county/parish is your main station located? Gallatin County Applicant characteristics The FP&S (Fire Prevention and Safety) program intends to enhance the safety of the public and firefighters with respect to fire and fire-related hazards by assisting fire prevention programs and supporting firefighter health and safety research and development. Grant funds are available in two activities: Fire Prevention and Safety Activity and Research and Development Activity. Please review the Notice of Funding Opportunity for information on available categories within each activity area and for more information on the evaluation process and conditions of award. Please provide the following additional information about your organization. Activity:Fire Prevention and Safety (FP&S) Applicant type:Fire Department/Fire District What kind of organization do you represent?All Paid/Career Do you currently report to the National Fire Incident Reporting System (NFIRS)? You will be required to report to NFIRS for the entire period of the grant. Yes 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#2/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 44290 Please enter your FDIN/FDID.06001 Operating budget What is your organization's operating budget for programs that enhance the safety of the public and firefighters with respect to fire and fire-related hazards (including fire prevention, fire code enforcement, fire/arson investigation, wildfire prevention, and firefighter health and safety research and development)? Please include costs (e.g., personnel, maintenance of apparatus, equipment, facilities, utility costs, purchasing expendable items, etc.) for the current (at the time of application) fiscal year, as well as the previous two fiscal years. Current fiscal year: 2025 Please explain the applicant's need for financial assistance to carry out the proposed project(s). Provide detail about the applicant's total operating budget, including a high-level breakdown of the budget. Describe the applicant's inability to address financial needs without federal assistance. Discuss other actions the applicant has taken to meet their needs. Include information on efforts to obtain funding elsewhere and how similar projects have been funded in the past. The challenge for the City of Bozeman (COB) is the annual population increase and the growing need for public services. The COB Fire Department is the primary provider of fire prevention services for Bozeman and also participates in mutual aid agreements with other regional fire departments. Since Bozeman is the entity with the largest resident population and the largest daily inflow and outflow of people though, the need for public safety services far outweighs the contribution of funding. The City of Bozeman general fund operating budget has made significant investments in fire and fire related hazards. While there are many competing projects for the City general funds, in 2022 utilizing debt obligation financing, the City of Bozeman built Fire Station #2 which officially opened on September 10, 2024. The new station is strategically located on the Montana State University (MSU) campus, adjacent to the MSU Police Department. This new location on Kagy Boulevard which is a main east-west emergency and evacuation corridor for the City has significantly reduced response times on the southeast side of Bozeman. Also, the City and the State of Montana are currently working together on a Kagy Boulevard expansion. All these investments are not reflected in the Fire Department’s daily operating budget outlined for fiscal year 2023-2025 in this Fiscal Year Operating budget 2025 $9,434,500.00 2024 $9,328,300.00 2023 $8,311,863.00 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#3/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 45291 application. In the Fire Department’s daily operating budget, the largest expense is personnel. Eighty-five percent of the Fire Department’s daily operating budget is for salaries, wages, and benefits. The Fire Department has sixty-three full time personnel -five are fire administrative positions, one is non-fire administrative, and fifty-seven are operational fire personnel. We recently added in March 2025, twelve operational firefighters currently funded by a FEMA SAFER grant. Since 2023, the annual base wage has increased by 6.5% for each fiscal year. Consequently, the insurance premium expenses increased nationally and for the City of Bozeman, the rate increase was 11.5%. The other operating budget items include contracted services which is three percent; travel and training for HazMat and other training which is one percent; supplies and materials which includes anything from small equipment, EMS medical supplies, clothing and uniforms is seven percent, and maintenance which includes vehicle maintenance and utilities is approximately three percent of the daily budget. To respond to increased need for public safety services, the City of Bozeman planned to build Fire Station #4 and add personnel in early 2025. As the City expands, Fire Station #4 location was anticipated and still is planned for the west side of Bozeman near Gallatin Highschool. The City approached voters in November 2024 with a general obligation bond measure intended to finance the design and construction of the new station and a second mill levy measure for first responders. During a time of increased cost of living expenses due to inflation, both proposed measures were rejected by voters with many people citing tax fatigue as the reason for their decision. Often when needs are prioritized, public education and training opportunities are short funded to meet more critical needs such as personnel and apparatus maintenance and replacement. Over the years, the Bozeman Fire Department has maintained administering fire safety education programs. Nevertheless, there is evidence and real need to expand these opportunities to reach more of the community. With an ever-growing and diverse aged population, it is a critical time for Bozeman Fire Department to expand its educational opportunities to the community while training internal staff also. Grant funding for these efforts is essential as the BFD balances ongoing capital replacement and improvement efforts for a steady population increase. In cases of demonstrated economic hardship, and upon the request of the grant applicant, the FEMA Administrator may grant an Economic Hardship Waiver. Is it your organization's intent to apply for an Economic Hardship Waiver? No Other funding sources This fiscal year, are you receiving Federal funding from any other grant program for the same purpose for which you are applying for this grant? No This fiscal year, are you receiving Federal funding from any other grant program regardless of purpose? Yes Please provide an explanation for other funding sources in the space provided below. We have other grants such as SAFER, US DOJ Treatment Court Discretionary grant, HUD Community Development Block Entitlement grant, US DOJ Edward Byrne Justice Assistance grant and various pass through grants from the State of Montana. Community description 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#4/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 46292 Please provide the following additional information about the community your organization serves. What type of community does your organization serve? Urban What is the permanent resident population of your first due response zone/jurisdiction served? 57894 Please describe your organization and/or community that you serve. The City of Bozeman Fire Department (BFD) is an active department with three stations strategically located around 21 square miles of the city. Bozeman is the fourth largest city in Montana and is the county seat for Gallatin County. Bozeman is a continuously growing community with an average growth of approximately 2% annually. As the county seat, Bozeman is a busy, active community. In addition to the permanent resident population, approximately 21,000 people commute into the city for work or personal business daily. Bozeman is also home to Montana State University which has an annual student population of approximately 17,000 students per year. Lastly, Bozeman is a recreational hub for world class hunting, fishing, biking, skiing, hiking, camping and outdoor recreation, and these opportunities bring many visitors in and through the City weekly. As stated, the Bozeman Fire Department has three fire stations. Fire Station #1 is located just northeast of the city downtown area, Fire Station #2 is located on Montana State University campus, and Fire Station #3 is centrally located. Currently, BFD has sixty-three fire personnel, fifty-seven of the total personnel are operational employees that provide hazardous materials response, technical rescue, unmanned aerial systems operations, public education, fire prevention, structural and wildland firefighting operations, and EMS. Finally, the BFD has nine response apparatus. With fifty-seven operational employees, three fire stations, and a growing permanent population, BFD's need for fire prevention and safety outreach, education, and risk reduction is vast. Grant request details Grand total: $65,772.73 Program area: Fire prevention and safety Activity: Community Risk Reduction $65,772.73 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#5/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 47293 Project Smoke Alarm Installations (door to door with home safety inspection) project questions Project: Smoke Alarm Installations (door to door with home safety inspection) Bozeman Fire Department - Smoke Alarm Installation and Fire Safety Education Program $21,206.25 Please provide the following information about the project you want funded. Project name Bozeman Fire Department - Smoke Alarm Installation and Fire Safety Education Program Is this a national-level project, with national impact and national dissemination? No Is this project a regional request? A regional request provides a direct regional and/or local benefit beyond your organization. You may apply for a regional request on behalf of your organization and any number of other participating eligible organizations within your region. No Who is the target audience for the planned project? 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#6/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 48294 Adults over 65 People with disabilities (e.g., deaf/hard-of-hearing) College/university housing Low-income families/neighborhoods What is the estimated size of the target audience? 500 How was this target audience determined?Will Be Conducting Assessment Please provide a brief synopsis of the proposed project and then identify the specific goals and objectives of your project. The proposed project aims to enhance community safety through a comprehensive Smoke Alarm Installation and Fire Safety Education Program. This initiative will focus on reducing fire-related injuries and fatalities by providing free smoke alarms to households in high-risk areas and delivering targeted fire safety education. The program will be delivered in collaboration with local fire departments, community organizations, and volunteers. By equipping residents with working smoke alarms and the knowledge of how to prevent and respond to fires, the project seeks to build safer, more resilient communities. Our goal with this project is to increase the number of households served and smoke alarms installed. Our current baseline data is limited, so our objective is to establish a baseline of the number of households served and smoke alarms installed and increase those numbers by 15% within the first year of the increased outreach efforts. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#7/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 49295 Please explain your experience and ability in developing and conducting (i.e., timely and satisfactory project completion) past fire prevention and safety projects. Additionally, please demonstrate the experience and expertise you have in managing the type of project you are proposing. The BFD fire inspector has several years of experience supporting smoke alarm installation campaigns and conducting home fire safety education as part of multiple department’s fire prevention and public outreach efforts. His role has involved both direct service and assisting with training and logistics, making him well- prepared to support expanded efforts under a Fire Prevention and Safety (FP&S) Grant. The fire inspector has installed smoke alarms in homes across multiple communities, focusing on proper placement per NFPA guidelines. Residents were taught how to test and maintain their alarms, and the fire inspector verified alarm function before leaving each home. During safety visits, the fire inspector performed walkthrough assessments to identify fire hazards such as blocked exits, unsafe electrical use, or missing alarms, and he provided basic education on fire escape planning and fire-safe behaviors. Currently, the fire inspector participates in fire safety presentations at schools, senior centers, and local events, using visual aids and handouts to make fire prevention messages accessible to all age groups. He has also helped deliver targeted outreach to at-risk populations, including low-income families and older adults. This past experience positions the fire inspector to build an effective team, support the team and scale effective, community-based fire prevention programs to reduce home fire risks and improve safety outcomes for vulnerable populations. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#8/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 50296 Sustainability: Is it your organization's intent to deliver this program after the grant performance period? If so, how will the overall activity be sustained and what are the long-term benefits? Examples of sustainable projects can be illustrated through the long-term benefits derived from the delivery of the project, the presence of non-federal partners likely to continue the effort, or the demonstrated long-term commitment of the applicant. Yes, it is our organization’s intent to continue delivering the smoke alarm installation and fire safety education program after the grant performance period ends. We are committed to long-term fire safety outcomes in our community, and we will work with local stakeholders to maintain a sustainability strategy to ensure this program endures well beyond the life of the grant. Bozeman Fire Department’s long-term goal is to ensure that every home in Bozeman has working smoke alarms and that every resident knows how to respond in the event of a fire. This program will bridge gaps in fire prevention awareness and provide essential life-saving tools and knowledge, especially for seniors, low-income families, renters, individuals with disabilities, non-English-speaking households, and residents of older housing stock. Narrative The narrative statements must provide all the information necessary for you to justify your needs and for FEMA to make an award decision. A panel of peer reviewers will evaluate the applications by using the narrative statements below to determine the worthiness of the request for an award. Please ensure that your narrative clearly addresses each of the following evaluation criteria elements to the best of your ability with detailed but concise information. You may either type your narrative statements in the spaces provided below or create the text in your word processing system and then copy it into the appropriate spaces provided below. Please note the narrative block does not allow for formatting. Do not type your narrative using only capital letters. Additionally, do not include tables, special fonts (i.e., quote marks, bullets, etc.), or graphs. Please review the Notice of Funding Opportunity for additional narrative details. Commitment to Mitigation: Fire Department applicants that can demonstrate their commitment and proactive posture to reducing fire risk will receive higher consideration. Applicants must explain their code adoption and enforcement (to include Wildland Urban The Bozeman Fire Department (BFD) seeks funding to enhance a comprehensive Smoke Alarm Installation and Fire Safety Education Program aimed at reducing fire- related injuries and fatalities among vulnerable residents. This project 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#9/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 51297 Interface and commercial/residential sprinkler code adoption and enforcement) and mitigation strategies (including whether or not the jurisdiction has a FEMA-approved mitigation strategy). Applicants can also demonstrate their commitment to reducing fire risk by applying to implement fire mitigation strategies (code adoption and enforcement) via this application. addresses critical safety gaps by providing free smoke and carbon monoxide (CO) alarms alongside targeted, multilingual fire safety education. Currently, the BFD utilizes 2021 International Fire code, 2021 International Building code and the 2021 International residential code. Depending on the building and space, sprinkler fire suppression may or may not be required. For example, one of the identified vulnerabilities in our community is older homes and buildings. Unless these homes or buildings are renovated and apply for a permit, it is not mandatory, and they are not required to install any fire suppression system. Lastly, for the Wildland Urban Interface protocol and enforcement, the BFD has a mutual aid agreement with Gallatin County Emergency Management which is a FEMA-approved mitigation strategy. Vulnerability Statement: The assessment of fire risk is essential in the development of an effective project goal, as well as meeting FEMA’s goal to reduce risk by conducting a risk assessment as a basis for action. Vulnerability is a “weak link,” demonstrating high-risk behavior, living conditions, or any type of high-risk situation. The Vulnerability Statement should include a description of the steps taken to determine the vulnerability and identify the target audience. The methodology for determination of vulnerability (i.e., how the vulnerability The City of Bozeman, Montana is experiencing rapid population growth and there is a growing need for enhanced fire prevention efforts. Annually, the population has grown two percent on average with 2021 experiencing a three percent population increase. In particular, Bozeman’s vulnerable populations such as seniors, low-income households, individuals with disabilities, non-English- speaking households, residents of older housing stock, and substantial student and renter population are among the groups needing the enhanced fire prevention efforts. According to the National Fire Protection Association (NFPA), three out of 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#10/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 52298 was found) should be discussed in-depth in the application’s Narrative Statement. The specific vulnerability that will be addressed with the proposed project can be established through a formal or informal risk assessment. FEMA encourages the use of local statistics, rather than national statistics, when discussing the vulnerability. In a clear, to-the-point statement, the applicant should summarize the vulnerability the project will address, including who is at risk, what the risks are, where the risks are, and how the risks can be prevented, reduced, or mitigated. For the purpose of this application, formal risk assessments consist of the use of software programs or recognized expert analysis that assess risk trends. Informal risk assessments could include an in-house review of available data (e.g., National Fire Incident Reporting System [NFIRS]) to determine fire loss, burn injuries or loss of life over a period of time, and the factors that are the cause and origin for each occurrence, including a lack of adoption or enforcement of certain codes. five home fire deaths result from fires in properties without working smoke alarms. In Bozeman, the risk is elevated in older neighborhoods where smoke alarms are outdated or absent altogether. Moreover, language, literacy, and economic barriers hinder access to fire safety education for many transient workers and underserved community members. The proposed Smoke Alarm Installation and Fire Safety education Program is a targeted intervention aimed at reducing fire-related hazards and fatalities through direct community engagement, free smoke alarm installation, and tailored educational outreach. This program will specifically address the heightened vulnerability of at-risk populations, equipping residents with the knowledge and tools necessary to prevent fire tragedies and improve community resilience. In partnership with non-profit organizations that provide housing and other human resource services, the BFD will work them to facilitate relationships with the vulnerable populations. For example, the Human Resource Development Council IX (HRDC) and the Gallatin City-County Health Department (GCCHD) provide case management to low to moderate income families and will provide information about the Smoke Alarm Installation and Fire Safety education program to them. Our goals and objectives are to install alarms in 100+ homes, including 25 with hearing-impaired strobe units; prioritize underserved households and those with expired or missing alarms; educate 500+ residents in 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#11/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 53299 fire prevention, preparedness, and alarm use; and increase community awareness through translated materials and outreach events. Project Description: Applicants must describe in detail not only the project components but also how the proposed project addresses the identified capability gap, due to financial need and/or the vulnerabilities identified in the vulnerability statement. The following information should be included: Project Components Review of any existing programs or models that have been successful. Detailed description of how the proposed project components fill the identified capability gap If working with Fire Service Partners/Organizations, identify each partner/organization and the role(s) they will fill in the successful completion of the proposed project. The BFD proposes to enhance the comprehensive Smoke Alarm Installation and Fire Safety Education Program aimed at reducing fire-related injuries and fatalities in the community, particularly among high-risk and underserved populations. This initiative responds directly to identified vulnerabilities in Bozeman’s growing population, including seniors, low-income families, renters, individuals with disabilities, ESOL households, and residents of older housing stock. This project will consist of two interrelated components. First, with the Smoke Alarm Installation Initiative the BFD, in collaboration with community partners, will offer free in-home smoke alarm installations. This activity will prioritize homes without any working smoke alarms, residences with expired or non-functional alarms, and households with children, elderly residents, or individuals with limited mobility. The program will use current guidelines, ensuring each home has an adequate number of long-life, tamper- resistant alarms installed in the appropriate locations. Secondly, with a Fire Safety Education and Outreach Campaign, trained personnel will provide in-person fire safety education, including home escape planning, cooking safety, proper alarm maintenance, tobacco and other smoking, and candle use 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#12/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 54300 precautions. Educational materials will be translated into multiple languages and adapted to accommodate varying literacy levels, ensuring broad outreach. Outreach will also extend to schools, senior centers, and community centers through scheduled presentations and events. The project will be promoted through targeted campaigns using local media, social service agencies, neighborhood associations, and schools to reach populations most in need. Strategic partnerships with nonprofit organizations, housing authorities, and health and human services will help facilitate BFD's ability to reach and work with clients to enhance the effectiveness of the program. Implementation Plan: Each project proposal should include details on the implementation plan which discusses the proposed project’s goals and objectives. The following information should be included to support the implementation plan: Goals and objectives Details regarding the methods and specific steps that will be used to achieve the goals and objectives Timelines outlining the chronological project steps (this is critical for determining the likeliness of the project’s completion within the period of performance) Where applicable, examples of marketing efforts to promote the project, who will deliver the project (e.g., effective partnerships), and the manner in which The goal is to implement a successful smoke alarm installation and fire safety education program for the City of Bozeman. The BFD will be able to measure the success of this goal by achieving the following objectives to prioritize households without any working smoke alarms, expired or non-functional alarms, and households with children, elderly, or disabled residents; install 100 Smoke and Carbon Monoxide, 10-year battery powered, led warning light indicator detectors in 25 households for hearing impaired; educate 300+ individuals with fire safety materials and in-person guidance; and increase community awareness of fire prevention practices. In order to achieve this goal and objectives, the BFD proposes the following one-year timeline for delivery and execution of the program assuming a start date of 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#13/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 55301 materials or deliverables will be distributed Requests for props (i.e., tools used in educational or awareness demonstrations), including specific goals, measurable results, and details on the frequency for which the prop will be utilized as part of the implementation plan. Applicants should include information describing the efforts that will be used to reach the high-risk audience and/or the number of people reached through the proposed project (examples of props include safety trailers, puppets, or costumes) Where human subjects are involved, describe plans for submission to the Institutional Review Board (IRB) (for further guidance and requirements, see the Human Subjects Research section of the NOFO) NOTE: For applicants proposing a complex project that may require a 24- month Period of Performance, please include significant justification and details in the implementation plan that justify the applicant’s need for a Period of Performance of more than 12 months. September 1, 2025. For month one, BFD will meet with community partners such as BSD7, HRDC, GCCHD, and Family Promise to explain the program. During months one through two, BFD will develop and deliver outreach and marketing materials via social media, hand-outs, and flyers. In month three (November 2025), BFD will purchase detectors that will be used for this project. From December 1 - May 31, 2026, BFD will deliver the first class, complete installations and assess the success of the program. The final four months of the program BFD plans to deliver the second fire safety education class. Our proposed program involves all community members with targeted outreach to vulnerable populations identified by our non-profit partners. The program is not necessarily limited to any particular class or income level in order to participate and we will not be collecting income data, demographic data, or other personally identifiable information for participants. Therefore, per 6 C.F.R. Part 46, this program will not involve research of human subjects and is not subject to an Institutional review board approval or waiver. Evaluation Plan: Projects should include a plan for evaluation of effectiveness and identify measurable goals. Applicants seeking to carry out awareness and educational projects, for example, should identify how they intend to determine that there has been an increase in knowledge about fire hazards, or measure a The program success will be measured by the number of smoke alarms installed and the number of individuals who attended the educational sessions. Since the program is a voluntary program for any community member to participate in, their feedback is also voluntary. However, we will conduct 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#14/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 56302 change in the safety behaviors of the audience. Applicants should demonstrate how they will measure risk at the outset of the project in comparison to how much the risk decreased after the project is finished. There are various ways to measure the knowledge gained about fire hazards, including the use of surveys, pre- and post-tests, or documented observations. Applicants are encouraged to attend training on evaluation methods, such as the National Fire Academy’s “Demonstrating Your Fire Prevention Program’s Worth.” pre- and post-visit surveys to measure risk and safety knowledge. Lastly, with the installation of smoke alarms, the information will give us baseline data for the number of homes without working smoke alarms, expired or non-functional smoke alarms, and household types receiving smoke alarms. Cost Benefit: Projects will be evaluated and scored by the Peer Review Panelists based on how well the applicant addresses the fire prevention needs of the department or organization in an economic and efficient manner. The applicant should show how it will maximize the level of funding that goes directly into the delivery of the project. The costs associated with the project also must be reasonable for the target audience that will be reached, and a description should be included of how the anticipated project benefit(s) (quantified if possible) outweighs the cost(s) of the requested item(s). The application should provide justification for all costs included in the project in order to assist the Technical Evaluation Panel with their review. The proposed Smoke Alarm Installation and Fire Safety Education Program represents a highly cost-effective investment in public safety for the City of Bozeman. The program is designed to proactively reduce the occurrence of fire-related injuries, fatalities, and property damage—outcomes that carry significant financial and human costs for individuals, communities, and emergency services. The BFD intends to provide three hours of classroom education and community outreach at events such as Music on Main and others. Once individuals sign up for volunteer services, fire personnel will work in four hour windows for smoke alarm installations with a volunteer certified electrician. The hearing impaired smoke alarm detectors are $140 each and four to five will be installed per household. Regular carbon monoxide and smoke detectors are $142 each for a four pack and one pack will be used per household. Compared to the average home in Bozeman being at $750,000 versus the 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#15/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 57303 Cost Items Item: Smoke alarms and carbon monoxide detectors $21,206.25 cost of fire safety education at four fire personnel for three hours is approximately $1,100. The benefit of the life-saving, fire prevention education class along with the installation of four smoke alarms is six hundred times more beneficial than the average cost of holding one class. This effort will also help reduce homeowner insurance premiums and potentially save lives in the event of an actual fire. Additional Comments: If you have any additional comments about your project, please provide them here. This project addresses a critical public safety need in Bozeman by proactively mitigating fire risks where they are greatest. By combining physical safety improvements with education, it aims to create a culture of prevention and self- protection that will save lives and property. Description The type of alarms that will be used are Kiddie Smoke and Carbon Monoxide detectors, that have a 10-year battery and LED warning light indicators. - These detectors have enhanced sensing technology that reduces false smoke alarms often caused by cooking. Comprehensively tested to meet the latest UL standards, meets UL 219 9th Edition, UL 2024 4th Edition and FCC standards. - LED notification lights - Indicate the status of the alarm: (Green-normal operation, Amber- 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#16/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 58304 General Prevention/Awareness project questions Project: General Prevention/Awareness Digital Fire Extinguisher Training Initiative $30,066.48 operating error, Red-smoke or carbon monoxide detected and a loud 85 decibel alarm will sound). For the hearing impaired we will include a BRK First Alert Combo Smoke and CO alarms with LED strobe and 10-year battery backup. Budget class Supplies Year 1 Quantity 1125 Unit price $18.85 Total $21,206.25 Year 2 Quantity 0 Unit price $0.00 Total $0.00 TOTAL 1125 $21,206.25 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#17/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 59305 Please provide the following information about the project you want funded. Project name Digital Fire Extinguisher Training Initiative Is this a national-level project, with national impact and national dissemination? No Is this project a regional request? A regional request provides a direct regional and/or local benefit beyond your organization. You may apply for a regional request on behalf of your organization and any number of other participating eligible organizations within your region. No Who is the target audience for the planned project? Adults over 65 People with disabilities (e.g., deaf/hard-of-hearing) College/university housing Low-income families/neighborhoods What is the estimated size of the target audience? 500 How was this target audience determined?Will Be Conducting Assessment Please provide a brief synopsis of the proposed project and then identify the specific goals and objectives of your project. The proposed initiative involves expansion and improvement of BFD's fire extinguisher program. Currently, the BFD conducts fire extinguisher training to individuals or groups upon request by using live fire fueled by diesel and chemical-based extinguishers. While effective, this method poses environmental concerns and 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#18/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 60306 logistical challenges, especially in an urban setting. BFD’s goal is to improve our fire extinguisher training program from a live fire training to a safer, sustainable simulation extinguisher training. The objectives of the updated program will be to expand fire extinguisher training beyond the fire station to community spaces, events, and schools; reach 300+ individuals in Year 1, with 60% from high-risk groups; achieve a 70% increase in fire extinguisher knowledge and confidence; and maintain a 90% participant satisfaction rate with training quality. Please explain your experience and ability in developing and conducting (i.e., timely and satisfactory project completion) past fire prevention and safety projects. Additionally, please demonstrate the experience and expertise you have in managing the type of project you are proposing. Currently, BFD has a developed live fire extinguisher training course, and our fire inspector delivers the course. The purpose of this project is to improve the course to a safer, more environmentally friendly delivery method and reach more participants. While with the Department of Defense (DOD), our current fire inspector provided hands-on fire extinguisher training to a variety of groups, including schools, senior centers, local businesses, and community organizations. Through instructor-led demonstrations and simulated fire scenarios, participants learned how to safely operate a fire extinguisher using the PASS method (Pull, Aim, Squeeze, Sweep) and received guidance on when it is appropriate to attempt extinguishing a fire. The training was adapted to fit the needs of each audience member and proved especially valuable for individuals with no prior 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#19/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 61307 extinguisher experience, staff in high-risk environments, such as kitchens and industrial settings, where immediate response is critical and community outreach events, including fire prevention weeks and public safety days, where the program reached large numbers of residents and workers. In addition to conducting the training, the fire inspector and his team in his previous role oversaw the complete administration of the program. This included planning and scheduling training sessions in coordination with schools, businesses, and community organizations; managing logistics and equipment, ensuring that all training tools and materials were functional and safe; tracking attendance and collecting participant feedback to measure program impact and identify areas for improvement; and, documenting activities and preparing reports, which were used to demonstrate compliance with program goals and support future funding efforts. The fire extinguisher training program was a key component for the community risk reduction (CRR) program while at DoD. Sustainability: Is it your organization's intent to deliver this program after the grant performance period? If so, how will the overall activity be sustained and what are the long-term benefits? Examples of sustainable projects can be illustrated through the long-term benefits derived from the delivery of the project, the presence of non-federal partners likely to continue the effort, or the demonstrated long-term commitment of the applicant. Yes, the Bozeman Fire Department is dedicated to the sustained delivery of comprehensive fire prevention programs. This training initiative will be integrated into annual fire prevention events; safety training for Montana State University (MSU) students 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#20/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 62308 and staff; BFD's Community Risk Reduction (CRR) strategy; and, routine business inspections and associated public education efforts. The proposed digital training systems are designed for long-term use, requiring minimal maintenance and offering an operational lifespan of 8 to 10 years. As Bozeman continues to grow, the department will actively pursue cost-sharing partnerships with local organizations and stakeholders to support program expansion beyond the initial year of implementation. Narrative The narrative statements must provide all the information necessary for you to justify your needs and for FEMA to make an award decision. A panel of peer reviewers will evaluate the applications by using the narrative statements below to determine the worthiness of the request for an award. Please ensure that your narrative clearly addresses each of the following evaluation criteria elements to the best of your ability with detailed but concise information. You may either type your narrative statements in the spaces provided below or create the text in your word processing system and then copy it into the appropriate spaces provided below. Please note the narrative block does not allow for formatting. Do not type your narrative using only capital letters. Additionally, do not include tables, special fonts (i.e., quote marks, bullets, etc.), or graphs. Please review the Notice of Funding Opportunity for additional narrative details. Commitment to Mitigation: Fire Department applicants that can demonstrate their commitment and proactive posture to reducing fire risk will receive higher consideration. Applicants must explain their code adoption and enforcement (to include Wildland Urban Interface and commercial/residential sprinkler code adoption and enforcement) and mitigation strategies (including whether or not the jurisdiction has a FEMA-approved mitigation strategy). Applicants can also demonstrate their commitment to reducing fire risk by applying to implement fire mitigation strategies (code adoption and enforcement) via this application. The Bozeman Fire Department (BFD) seeks funding to implement a modern, simulation- based fire extinguisher training program that eliminates the use of live fire and chemical-based extinguishers. This innovative initiative will replace outdated, environmentally burdensome methods with a sustainable, portable, and inclusive system that enhances fire safety knowledge and preparedness across Bozeman's diverse population. The proposed training will focus on high-risk groups, support existing public safety programs, and significantly increase the reach and effectiveness of fire extinguisher education throughout the community. The BFD’s 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#21/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 63309 current codes include the 2021 International Building Code (IBC), International Fire Code (IFC), 2019 NFPA 13 Standard for the installation of sprinkler systems along with the NFPA 13R and 13D. BFD adopts current codes as they are released. Enforcement is done through inspections either during the construction process or through annual fire inspections to ensure all systems are installed per the applicable code and maintained. Vulnerability Statement: The assessment of fire risk is essential in the development of an effective project goal, as well as meeting FEMA’s goal to reduce risk by conducting a risk assessment as a basis for action. Vulnerability is a “weak link,” demonstrating high-risk behavior, living conditions, or any type of high-risk situation. The Vulnerability Statement should include a description of the steps taken to determine the vulnerability and identify the target audience. The methodology for determination of vulnerability (i.e., how the vulnerability was found) should be discussed in-depth in the application’s Narrative Statement. The specific vulnerability that will be addressed with the proposed project can be established through a formal or informal risk assessment. FEMA encourages the use of local statistics, rather than national statistics, when discussing the vulnerability. The primary vulnerability that this project #2 will address is the limited access to comprehensive fire prevention education and training. Currently, fire extinguisher training is only offered to businesses and other entities when requested. So, while fire-related incidents continue to pose a significant threat to public safety, even with the availability of fire extinguishers in homes and workplaces, there is limited access to comprehensive fire prevention education and training using a fire extinguisher. Many individuals lack the necessary knowledge and confidence to operate these devices effectively during emergencies and this project seeks to remedy the vulnerability. The targeted groups for this training include businesses, but also at-risk groups such as seniors, individuals with disabilities, low to moderate income households, and those living in communal living spaces such as homeless or transitional housing properties. The proposed Digital Fire Extinguisher Training Initiative will provide 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#22/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 64310 In a clear, to-the-point statement, the applicant should summarize the vulnerability the project will address, including who is at risk, what the risks are, where the risks are, and how the risks can be prevented, reduced, or mitigated. For the purpose of this application, formal risk assessments consist of the use of software programs or recognized expert analysis that assess risk trends. Informal risk assessments could include an in-house review of available data (e.g., National Fire Incident Reporting System [NFIRS]) to determine fire loss, burn injuries or loss of life over a period of time, and the factors that are the cause and origin for each occurrence, including a lack of adoption or enforcement of certain codes. accessible, scalable, and evidence-based fire extinguisher training through digital platforms. This approach ensures consistent and effective delivery of fire safety education and enhances individual preparedness. Ultimately, the initiative aims to reduce fire-related injuries and fatalities while strengthening overall community resilience. Project Description: Applicants must describe in detail not only the project components but also how the proposed project addresses the identified capability gap, due to financial need and/or the vulnerabilities identified in the vulnerability statement. The following information should be included: Project Components Review of any existing programs or models that have been successful. Detailed description of how the proposed project components fill the identified capability gap If working with Fire Service Partners/Organizations, identify each We propose the acquisition of two portable, laser-based fire extinguisher training systems (such as BullEx or an equivalent model). These systems provide realistic fire simulation and enable users to practice the PASS technique (Pull, Aim, Squeeze, Sweep) in a controlled, safe environment. The simulation systems feature flame-free, chemical-free operation, allowing for safe, repeatable training in indoor settings; simulation of multiple fire classes (A, B, and C); real-time performance feedback and scoring to enhance training effectiveness; and ADA-compliant design, ensuring accessibility and safety for users of all ages 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#23/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 65311 partner/organization and the role(s) they will fill in the successful completion of the proposed project. and abilities. BFD’s current fire extinguisher training consists of live fire with the use of diesel fuel and chemical fire extinguishers for training purposes. This is not an environmentally friendly or user effective approach to training in the city. The training is conducted at the fire station and only when an individual or group requests it. Additionally, BFD does not actively engage training at city events. This leaves a large swath of residents and short-term residents such as college students and transient workers in Bozeman without the opportunity to learn how to properly use a fire extinguisher. With the proposed digital fire extinguisher trainer, we can attend city events and offer an immediate hands-on experience to residents, business owners, and visitors on the proper way to use a fire extinguisher in the event of a small fire. Implementing a digital fire extinguisher training initiative addresses the lack of a comprehensive fire prevention and safety program using extinguishers by providing an accessible, scalable, and cost-effective platform for fire safety education. This program will strengthen community resilience, reduce fire-related injuries and property damage, and create capable extinguisher users. Implementation Plan: Each project proposal should include details on the implementation plan which discusses the proposed project’s goals and objectives. The following information should be included to support the implementation plan: The proposed digital fire extinguisher training system will be fully integrated into the Bozeman Fire Department’s current, yet limited fire prevention education program. Each system consists of a simulated fire screen and laser-driven extinguishers, 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#24/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 66312 Goals and objectives Details regarding the methods and specific steps that will be used to achieve the goals and objectives Timelines outlining the chronological project steps (this is critical for determining the likeliness of the project’s completion within the period of performance) Where applicable, examples of marketing efforts to promote the project, who will deliver the project (e.g., effective partnerships), and the manner in which materials or deliverables will be distributed Requests for props (i.e., tools used in educational or awareness demonstrations), including specific goals, measurable results, and details on the frequency for which the prop will be utilized as part of the implementation plan. Applicants should include information describing the efforts that will be used to reach the high-risk audience and/or the number of people reached through the proposed project (examples of props include safety trailers, puppets, or costumes) Where human subjects are involved, describe plans for submission to the Institutional Review Board (IRB) (for further guidance and requirements, see the Human Subjects Research section of the NOFO) NOTE: For applicants proposing a complex project that may require a 24- month Period of Performance, please designed to accurately replicate real-world extinguisher use. The training is flame-free and chemical-free, allowing it to be safely conducted indoors—ideal for classrooms, senior centers, schools, and business environments. The department will conduct a minimum of 50 community-based training sessions annually, with an expected reach of over 500 participants. These sessions will be incorporated into K–12 school fire safety curricula, senior citizen safety and prevention programs, business and employee fire safety outreach, and education for individuals with special needs and at-risk populations. Each training session will include a combination of instructional content and hands-on practice with the digital extinguisher unit. Participants will learn key fire safety concepts, including fire behavior, fire extinguisher types, and the P.A.S.S. (Pull, Aim, Squeeze, Sweep) technique. The implementation timeline is split into four different phases. During phase one (months 1–2), it will include procurement activities. We will acquire two digital fire extinguisher training systems and train fire department personnel on instructional use and system maintenance. During phase two which will be months 2-3, it will include community engagement, scheduling, and coordinating training events with local senior centers, Bozeman Public Schools, area businesses and employers, and The Downtown Business Association and city event coordinators. During phase three which will be months 3-12, it will include program 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#25/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 67313 include significant justification and details in the implementation plan that justify the applicant’s need for a Period of Performance of more than 12 months. launch and delivery. We plan to deliver training sessions at a variety of community locations on a rotating basis. Lastly, phase four which will be ongoing, will evaluate the program by administering pre- and post- training surveys to assess knowledge gain and confidence. With the assessment information, we will update our community risk reduction strategy (CRR). The Bozeman Fire Department (BFD) will leverage the weekly City Manager Update to keep all city employees informed about upcoming opportunities to also participate in training. In addition to internal communications, BFD will actively promote trainer-related events through its official social media platforms. To further expand outreach and community engagement, BFD will also partner with the Downtown Business Association to highlight appearances of the trainer at local events and public gatherings. Lastly, this proposed program involves all community members with targeted outreach to certain populations identified by our non-profit partners. The program is not necessarily limited to any particular class or income level in order to participate though and we will not be collecting income data, demographic data, or other personally identifiable information for participants. Therefore, per 6 C.F.R. Part 46, this program will not involve research of human subjects and is not subject to an Institutional review board approval or waiver. Evaluation Plan: Projects should include a plan for evaluation of effectiveness and identify We plan to measure the success of the program first, by the participation of the 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#26/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 68314 measurable goals. Applicants seeking to carry out awareness and educational projects, for example, should identify how they intend to determine that there has been an increase in knowledge about fire hazards, or measure a change in the safety behaviors of the audience. Applicants should demonstrate how they will measure risk at the outset of the project in comparison to how much the risk decreased after the project is finished. There are various ways to measure the knowledge gained about fire hazards, including the use of surveys, pre- and post-tests, or documented observations. Applicants are encouraged to attend training on evaluation methods, such as the National Fire Academy’s “Demonstrating Your Fire Prevention Program’s Worth.” program. We anticipate training 300+ individuals in year one. Training sessions will have no more than 10 people per session, so all participants can try to extinguish a fire. An informal evaluation will be conducted with the instructor asking the participants questions about each person’s prior fire extinguisher use, whether they know the different types of fire extinguishers, and if they know the acronym PASS or (pull, aim, squeeze, sweep). After they are given an opportunity to use the fire extinguisher, we will follow-up with post evaluation questions to assess each attendee's confidence level and re-visit any areas of concern. Since this is a hands-on learning environment, the trainer will be able to observe the knowledge, skills, and abilities gained for each participant. Cost Benefit: Projects will be evaluated and scored by the Peer Review Panelists based on how well the applicant addresses the fire prevention needs of the department or organization in an economic and efficient manner. The applicant should show how it will maximize the level of funding that goes directly into the delivery of the project. The costs associated with the project also must be reasonable for the target audience that will be reached, and a description should be included of how the anticipated project benefit(s) (quantified if possible) outweighs the cost(s) of the requested item(s). The application should provide justification for all costs included in the project in order to assist the Technical Evaluation Panel with their review. The requested funding will fully cover the acquisition of the digital extinguisher system, including all necessary accessories and comprehensive warranty support. Unlike traditional training methods that incur ongoing expenses such as extinguisher recharging, fuel consumption, and permit fees, this digital system offers substantial long-term cost savings and significantly reduces environmental impact. Maintenance will be managed by our training division, with the system projected to serve the community effectively for over 10 years. Also comparing the cost for the digital extinguisher system, the training will provide potential savings for insurance premiums and reduced property damage for 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#27/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 69315 Cost Items Item: Digital Fire Extinguisher Trainers $29,068.48 area business owners and communal gathering spaces such as schools and senior centers as well as life saving measures. Additional Comments: If you have any additional comments about your project, please provide them here. Sustaining this initiative will be supported through annual departmental budgets and integration into our broader public education efforts. This investment will continue to generate value in fire risk reduction and preparedness well beyond the grant period. Description Hands-on Fire Safety Education with a Digital Fire Extinguisher training system Budget class Equipment Year 1 Quantity 2 Unit price $14,534.24 Total $29,068.48 Year 2 Quantity 0 Unit price $0.00 Total $0.00 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#28/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 70316 Item: Portable Power Station $998.00 TOTAL 2 $29,068.48 Description Jackery Explorer 100 v2 Portable Power Station will allow training without trying to find a power source from a building and having extension cords laying across the ground posing a tripping hazard. This will be self-contained next to the fire extinguisher trainer for safety and convenience. Budget class Equipment Year 1 Quantity 2 Unit price $499.00 Total $998.00 Year 2 Quantity 0 Unit price $0.00 Total $0.00 TOTAL 2 $998.00 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#29/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 71317 Training project questions Project: Training Regional training program with BSFD and CVFD Public Fire and Life Safety Educator Course $14,500.00 Please provide the following information about the project you want funded. Project name Regional training program with BSFD and CVFD Public Fire and Life Safety Educator Course Is this a national-level project, with national impact and national dissemination? No Is this project a regional request? A regional request provides a direct regional and/or local benefit beyond your organization. You may apply for a regional request on behalf of your organization and any number of other participating eligible organizations within your region. Yes Please explain how this request benefits other organizations. The Public Fire and Life Safety Educator course provides significant benefits to Big Sky Fire Department, Central Valley Fire Department, and potentially the Montana State University Fire Marshal by standardizing training and enhancing 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#30/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 72318 collaboration. This course equips personnel with up-to-date tools and NFPA-aligned strategies for effective community outreach. It supports consistent public education messaging across agencies, expands program reach into rural and campus communities, and fosters interagency coordination during safety events and emergencies. Participants will also bring back resources and curricula that can be shared within and between departments, promoting efficiency and best practices. For MSU, the training strengthens campus safety efforts and aligns fire prevention messaging with local municipalities. Overall, the course supports a unified, proactive approach to reducing fire risk and increasing community resilience statewide. How many regional partners will directly participate in this project? 2 Please list each participating agency by name along with a point of contact (POC), to include a phone number. All regional participants must be eligible as defined by the Notice of Funding Opportunity. Participating organization name POC first name POC last name Phone number Phone number extension EIN Big Sky Fire Department Christopher Vigness 4069952100 ******** Central Valley Fire Jake Zlomie 4062235582 ******** 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#31/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 73319 Per the Notice of Funding Opportunity, do you have a signed Memorandum of Understanding (MOU) or equivalent document already in place? Yes Please attach your MOU or equivalent document: Who is the target audience for the planned project? Firefighters What is the estimated size of the target audience? 25 How was this target audience determined?None of the above Briefly describe the method used to determine the target audience. The target audience will be members of three different fire departments -Bozeman FD, Central Valley FD, and Big Sky FD and Filename Date uploaded Uploaded by Label Description Action MOU.pdf 07/03/2025 jgrabinski@bozeman.net Memorandum of Understanding MOU for Big Sky Fire Department and Central Valley Fire Department for the Public Fire & Life Safety Educator I & II course 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#32/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 74320 potentially Montana State University (MSU). As the lead agency, BFD will work with Battalion Chiefs and the MSU Fire Marshal to determine who needs the training first in each respective organization. All attendees will receive standard NFPA 1035 level I and level II training. Please provide a brief synopsis of the proposed project and then identify the specific goals and objectives of your project. BFD responded to over 5000 calls in 2024, an increase of nearly three percent from previous years. BFD has one formally trained and certified Public Fire and Life Safety Educator, which limits the department's capacity to deliver standardized, evidence-based educational programming. While our personnel are committed and active in community engagement, the absence of specialized training has created a gap in effectiveness, reach, and consistency of our public education efforts. The goal of project #3 is for Bozeman Fire Department to host an onsite National Fire Protection Association (NFPA) Public Fire and Life Safety Educator Level I and II courses. The program will be delivered by an accredited institution and aligned with NFPA 1035. The objectives in hosting the two courses are to certify twenty-five firefighters for BFD, CVFD, BSFD, and MSU within twelve months; deliver twenty+ public education programs in the first year post-certification and reach 2,500 residents annually. Please explain your experience and ability in developing and conducting (i.e., timely and satisfactory project completion) past fire The BFD fire inspector, Shane Brandhorst will serve as the primary point of contact and coordinator for this planned Public Fire 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#33/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 75321 prevention and safety projects. Additionally, please demonstrate the experience and expertise you have in managing the type of project you are proposing. and Life Safety Educator I and II course, to be conducted in partnership with an accredited external training agency. In this capacity, the fire inspector will be the central liaison for all communication and troubleshooting throughout the planning and delivery phases of the training, collaborate with the external training agency to finalize curriculum, scheduling, and delivery logistics and he will coordinate course planning activities, including securing training venues, managing participant recruitment and registration, and distributing materials. The fire inspector will also engage with internal stakeholders and regional partners to promote the course and encourage broad participation. In partnership with the grant coordinator, the fire inspector will oversee grant-related compliance and budget management, ensuring proper use of FP&S grant funds. Lastly, the fire inspector will collect and report training outcomes and participant feedback to support grant reporting and continuous improvement. Sustainability: Is it your organization's intent to deliver this program after the grant performance period? If so, how will the overall activity be sustained and what are the long-term benefits? Examples of sustainable projects can be illustrated through the long-term benefits derived from the delivery of the project, the presence of non-federal partners likely to continue the effort, or the demonstrated long-term commitment of the applicant. The certification of 25 Public Fire and Life Safety Educators represents a cost-effective investment with significant long-term benefits. These trained educators will serve as force multipliers, equipping peers and community members with critical knowledge to reduce fire-related incidents, injuries, and fatalities. Their continued outreach and programming will require minimal ongoing investment, making this initiative both impactful and 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#34/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 76322 financially sustainable. This project establishes the groundwork for a permanent Community Risk Reduction (CRR) division within the Bozeman Fire Department and neighboring jurisdictions. Sustainability will be ensured through integration into existing departmental operations, local agency partnerships, city budget allocations, and strategic pursuit of future grant funding. This multi-pronged approach guarantees continuity and scalability of the program well beyond the initial grant period. Narrative The narrative statements must provide all the information necessary for you to justify your needs and for FEMA to make an award decision. A panel of peer reviewers will evaluate the applications by using the narrative statements below to determine the worthiness of the request for an award. Please ensure that your narrative clearly addresses each of the following evaluation criteria elements to the best of your ability with detailed but concise information. You may either type your narrative statements in the spaces provided below or create the text in your word processing system and then copy it into the appropriate spaces provided below. Please note the narrative block does not allow for formatting. Do not type your narrative using only capital letters. Additionally, do not include tables, special fonts (i.e., quote marks, bullets, etc.), or graphs. Please review the Notice of Funding Opportunity for additional narrative details. Commitment to Mitigation: Fire Department applicants that can demonstrate their commitment and proactive posture to reducing fire risk will receive higher consideration. Applicants must explain their code adoption and enforcement (to include Wildland Urban Interface and commercial/residential sprinkler code adoption and enforcement) and mitigation strategies (including whether or not the jurisdiction has a FEMA-approved mitigation strategy). Applicants can also demonstrate their commitment to reducing fire risk by applying to implement fire mitigation strategies (code adoption and enforcement) via this application. Bozeman, Montana, is one of the fastest- growing cities in the state, now home to over 57,000 residents. With a two percent population increase annually, the city’s rapid expansion places increasing pressure on emergency services, particularly fire prevention and public education. The Bozeman Fire Department (BFD) currently responds to more than 5,000 calls each year, many of which could be mitigated through proactive, community-based education. At present, BFD has only one formally trained and certified Public Fire and Life Safety Educator. While our personnel are dedicated to outreach, the lack of standardized training limits the 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#35/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 77323 consistency and effectiveness of our programs. To address this gap, BFD proposes to host an on-site NFPA Public Fire and Life Safety Educator Level I and II course, certified through an accredited provider and aligned with NFPA 1035. This initiative will train and certify 25 educators from BFD and partner agencies including Big Sky Fire Department, Central Valley Fire District, and the Montana State University Fire Marshal’s Office. These individuals will be equipped to deliver high-impact, culturally appropriate fire and life safety education throughout Bozeman and surrounding jurisdictions. As Bozeman becomes more diverse—with growing populations of retirees, college students, and non-English-speaking residents—our outreach must evolve. This course includes instruction in adult education techniques, culturally responsive communication, and ESOL strategies to ensure our messaging reaches all community members effectively. The program directly supports BFD’s Smoke Alarm Installation Program and Fire Extinguisher Initiative, expanding their reach through certified personnel who will lead workshops, conduct home safety visits, and host public events. These educators will become force multipliers, increasing both the frequency and quality of our public education efforts. Vulnerability Statement: The assessment of fire risk is essential in the development of an effective project The main vulnerability that project #3 addresses is a deficiency in certified fire and life safety educators in the Bozeman Fire Department and other regional Fire 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#36/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 78324 goal, as well as meeting FEMA’s goal to reduce risk by conducting a risk assessment as a basis for action. Vulnerability is a “weak link,” demonstrating high-risk behavior, living conditions, or any type of high-risk situation. The Vulnerability Statement should include a description of the steps taken to determine the vulnerability and identify the target audience. The methodology for determination of vulnerability (i.e., how the vulnerability was found) should be discussed in-depth in the application’s Narrative Statement. The specific vulnerability that will be addressed with the proposed project can be established through a formal or informal risk assessment. FEMA encourages the use of local statistics, rather than national statistics, when discussing the vulnerability. In a clear, to-the-point statement, the applicant should summarize the vulnerability the project will address, including who is at risk, what the risks are, where the risks are, and how the risks can be prevented, reduced, or mitigated. For the purpose of this application, formal risk assessments consist of the use of software programs or recognized expert analysis that assess risk trends. Informal risk assessments could include an in-house review of available data (e.g., National Fire Incident Reporting System [NFIRS]) to determine fire loss, burn injuries or loss of life over a period Departments. Without a sufficient number of public educators, the community, local and regional, is at risk of not having adequate fire and life safety educational opportunities to understand the inherent dangers of fire. Furthermore, without public educators, the community may have limited capacity to know appropriate fire mitigation measures to take. This specific project directly correlates to the smoke alarm installation program and the fire extinguisher initiative. As the community of Bozeman grows and diversifies, the risk of a fire related emergency increases. The population increase includes retirees, college-aged residents, and non-white, ESOL residents. In training our firefighters to extend training and education opportunities to the Bozeman community at large, it will increase awareness of fire related incidences and reduce the risk of fire related emergencies. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#37/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 79325 of time, and the factors that are the cause and origin for each occurrence, including a lack of adoption or enforcement of certain codes. Project Description: Applicants must describe in detail not only the project components but also how the proposed project addresses the identified capability gap, due to financial need and/or the vulnerabilities identified in the vulnerability statement. The following information should be included: Project Components Review of any existing programs or models that have been successful. Detailed description of how the proposed project components fill the identified capability gap If working with Fire Service Partners/Organizations, identify each partner/organization and the role(s) they will fill in the successful completion of the proposed project. The proposed project involves the development and delivery of a Public Fire and Life Safety Educator Course, a collaborative initiative between the Big Sky Fire Department, Central Valley Fire District, and potentially the Montana State University Fire Marshal’s Office. This course will equip local firefighters and fire prevention personnel with the specialized skills and educational tools needed to deliver effective fire safety education to Bozeman’s increasingly diverse and growing population. As Bozeman experiences significant population growth—including an influx of retirees, college-aged students, and non-English speaking residents—the risk of fire-related emergencies is rising. These demographic shifts present new challenges in communication, accessibility, and engagement with fire safety programs. This training course directly supports and enhances two cornerstone fire prevention programs: the Smoke Alarm Installation Program and the Fire Extinguisher Initiative. Participants in the course will be trained not only in life-saving fire prevention techniques but also in culturally responsive communication strategies, adult education best practices, and ESOL outreach methods. Upon completion of the course, fire department personnel will be 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#38/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 80326 empowered to serve as public educators, capable of providing fire safety education tailored to the unique needs of various community groups. These trained educators will lead outreach events, community workshops, and one-on-one in-home safety visits to ensure that vulnerable populations understand how to prevent, detect, and respond to fire-related hazards. By enhancing the capacity of local fire departments to deliver high-quality, inclusive fire safety education, this project will increase awareness of fire risks, encourage proper use of smoke alarms and fire extinguishers, and ultimately reduce the incidence and severity of fire-related emergencies in Bozeman and surrounding areas. Implementation Plan: Each project proposal should include details on the implementation plan which discusses the proposed project’s goals and objectives. The following information should be included to support the implementation plan: Goals and objectives Details regarding the methods and specific steps that will be used to achieve the goals and objectives Timelines outlining the chronological project steps (this is critical for determining the likeliness of the project’s completion within the period of performance) Where applicable, examples of marketing efforts to promote the project, The goal of project #3 is to enhance Bozeman and regional Fire Departments knowledge, skills, and abilities through professional-level public education. BFD as the lead agency will facilitate the training for all parties involved with an accredited educational provider. As such, there is no request for props for this project and human subject research activities are not planned for this project. The objectives of the two NFPA 1035 courses will certify 25 Fire and Life Safety Educators at NFPA Levels I and II within 12 months. Upon completion of the courses, the educators will deliver at least 20 educational programs within the first- year post-certification and reach a minimum of 2500+ community members with life safety messages annually. During phase 1 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#39/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 81327 who will deliver the project (e.g., effective partnerships), and the manner in which materials or deliverables will be distributed Requests for props (i.e., tools used in educational or awareness demonstrations), including specific goals, measurable results, and details on the frequency for which the prop will be utilized as part of the implementation plan. Applicants should include information describing the efforts that will be used to reach the high-risk audience and/or the number of people reached through the proposed project (examples of props include safety trailers, puppets, or costumes) Where human subjects are involved, describe plans for submission to the Institutional Review Board (IRB) (for further guidance and requirements, see the Human Subjects Research section of the NOFO) NOTE: For applicants proposing a complex project that may require a 24- month Period of Performance, please include significant justification and details in the implementation plan that justify the applicant’s need for a Period of Performance of more than 12 months. (Months 1–4), the fire inspector and battalion chiefs will Identify staff members, who will then enroll in the courses. During phase 2 (Month 5), the fire personnel will attend and complete NFPA Level I and II training. During phase 3 (Months 7–12), each fire department will develop and administer educational materials and programs across Bozeman and mutual aid jurisdictions. And lastly during phase 4 (Ongoing), each fire department/entity will evaluate program impact and integrate life safety education into department-wide strategies. BFD leadership will evaluate the impact and integrate it into a long-term CRR strategy. Evaluation Plan: Projects should include a plan for evaluation of effectiveness and identify measurable goals. Applicants seeking to carry out awareness and educational projects, for example, should identify how they intend to The effectiveness of the training and NFPA 1035 I and II course certifications will be evaluated using pre- and post-program surveys to assess increased knowledge. After the training and once the fire 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#40/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 82328 determine that there has been an increase in knowledge about fire hazards, or measure a change in the safety behaviors of the audience. Applicants should demonstrate how they will measure risk at the outset of the project in comparison to how much the risk decreased after the project is finished. There are various ways to measure the knowledge gained about fire hazards, including the use of surveys, pre- and post-tests, or documented observations. Applicants are encouraged to attend training on evaluation methods, such as the National Fire Academy’s “Demonstrating Your Fire Prevention Program’s Worth.” personnel begin community outreach, we will track attendance and engagement across outreach events to evaluate outreach satisfaction. Also, the educators will analyze incident data to compare baseline fire and injury reports before and after implementation of the public education outreach efforts. Cost Benefit: Projects will be evaluated and scored by the Peer Review Panelists based on how well the applicant addresses the fire prevention needs of the department or organization in an economic and efficient manner. The applicant should show how it will maximize the level of funding that goes directly into the delivery of the project. The costs associated with the project also must be reasonable for the target audience that will be reached, and a description should be included of how the anticipated project benefit(s) (quantified if possible) outweighs the cost(s) of the requested item(s). The application should provide justification for all costs included in the project in order to assist the Technical Evaluation Panel with their review. The current estimate received for these two trainings is $14,500 for 25 attendees which is a $580 direct expense per person. On average, conference cost attendance for professional development trainings ranges anywhere from $500 to $3,200 depending on the length and type of training. Additionally, the BFD expense for coordination, facilitation, and assessment of this project is approximately $2,800 in time and effort. Likewise, the fire personnel will be paid for their regular salaries and benefits for attending the training. Estimating the average net expense for 25 fire personnel to attend a two-day training for 8 hours per day, a conservative estimate is approximately $22,000 -$25,000. Therefore, the potential cost of this training is approximately $42k-$45k. Compared to the benefit of certifying 25 Public Fire and Life Safety Educators is minimal considering that each educator will re-invest at least 16 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#41/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 83329 Cost Items Item: Public Fire and Life Safety Educator Course $14,500.00 hours spent on training to educate community members. Moreover, even if only one training mitigates a house fire, the average fire damage restoration cost is approximately $28,000 which does not include any fire injury related expenses. And once trained, the educators will serve as a multiplier, training peers and maintaining programming without further major investment. This initiative lays the foundation for a permanent community risk reduction division within BFD and the neighboring jurisdictions, so the overall return on investment for this project exponentially exceeds the cost of the project. Additional Comments: If you have any additional comments about your project, please provide them here. The Bozeman Fire Department is committed to proactive fire prevention and life safety education as part of a comprehensive community risk reduction strategy. With FEMA's support, this project will provide Bozeman and the regional area with qualified public educators who can transform community engagement approaches and improve safety outcomes for years to come. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#42/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 84330 Description This course will be delivered by an accredited institution and aligned with NFPA 1035 (Standard on Fire and Life Safety Educator, Public Information Officer, Youth Firesetter Intervention Specialist, and Youth Firesetter Program Manager Professional Qualifications. Budget class Contractual Year 1 Quantity 1 Unit price $14,500.00 Total $14,500.00 Year 2 Quantity 0 Unit price $0.00 Total $0.00 TOTAL 1 $14,500.00 Grant request summary The table or tables below summarize the number of items and total cost within each FP&S activity category you have requested funding for. This table or tables will update as you change the items within your grant request details. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#43/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 85331 Fire prevention and safety Is your proposed project limited to one or more of the following activities : Planning and development of policies or processes. Management, administrative, or personnel actions. Classroom-based training. Acquisition of mobile and portable equipment (not involving installation) on or in a building. Yes Activity – Project Number of items Total cost Community Risk Reduction-Smoke Alarm Installations (door to door with home safety inspection) Bozeman Fire Department - Smoke Alarm Installation and Fire Safety Education Program 1 $21,206.25 Community Risk Reduction-General Prevention/Awareness Digital Fire Extinguisher Training Initiative 2 $30,066.48 Community Risk Reduction-Training Regional training program with BSFD and CVFD Public Fire and Life Safety Educator Course 1 $14,500.00 Total 4 $65,772.73 Budget summary Budget summary 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#44/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 86332 Object class categories Year 1 Year 2 Total Personnel $0.00 $0.00 $0.00 Fringe benefits $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 Equipment $30,066.48 $0.00 $30,066.48 Supplies $21,206.25 $0.00 $21,206.25 Contractual $14,500.00 $0.00 $14,500.00 Construction $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 Total direct charges $65,772.73 $0.00 $65,772.73 Indirect charges $0.00 $0.00 $0.00 TOTAL $65,772.73 $0.00 $65,772.73 Program income $0.00 Non-federal resources Applicant $3,132.03 State $0.00 Local $ Other sources $0.00 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#45/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 87333 Object class categories Year 1 Year 2 Total Remarks There will be other local match contributions, but we will not report this match. Total Federal and Non-federal resources Federal resources $62,640.70 $0.00 $62,640.70 Non-federal resources $3,132.03 $0.00 $3,132.03 TOTAL $65,772.73 $0.00 $65,772.73 Contact information Did any individual or organization assist with the development, preparation, or review of the application to include drafting or writing the narrative and budget, whether that person, entity, or agent is compensated or not and whether the assistance took place prior to submitting the application? No Secondary point of contact Please provide a secondary point of contact for this grant. The Authorized Organization Representative (AOR) who submits the application will be identified as the primary point of contact for the grant. Please provide one secondary point of contact for this grant below. The secondary contact can be members of the fire department or organizations applying for the grant that will see the grant through completion, are familiar with the grant application, and have the authority to make decisions on and to act upon this grant application. The secondary point of contact can also be an individual who assisted with the development, preparation, or review of the application. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#46/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 88334 Shane Brandhorst Fire Inspector sbrandhorst@bozeman.net Primary phone 4065993553 Work Additional phones 4065822364 Work Fax Assurance and certifications SF-424B: Assurances - Non-Construction Programs OMB Number: 4040-0007 Expiration Date: 02/28/2025 Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel OMB number: 4040-0007, Expiration date: 02/28/2025 View burden statement 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#47/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 89335 Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd- 3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), regarding labor standards for federally- assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#48/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 90336 (16 U.S.C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. Certifications regarding lobbying OMB Number: 4040-0013 Expiration Date: 02/28/2025 Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#49/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 91337 If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SF-LLL: Disclosure of Lobbying Activities OMB Number: 4040-0013 Expiration Date: 02/28/2025 Complete only if the applicant is required to do so by 44 C.F.R. part 18. Generally disclosure is required when applying for a grant of more than $100,000 and if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Further, the recipient shall file a disclosure form at the end of each calendar quarter in which there occurs any event described in 44 C.F.R. § 18.110(c) that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the applicant. The applicant is not currently required to submit the SF-LLL. Notice of funding opportunity I certify that the applicant organization has consulted the appropriate Notice of Funding Opportunity and that all requested activities are programmatically allowable, technically feasible, and can be completed within the award's Period of Performance (POP). Accuracy of application I certify that I represent the organization applying for this grant and have reviewed and confirmed the accuracy of all application information submitted. Regardless of intent, the submission of information that is false or misleading may result in actions by FEMA that include, but are not OMB number: 4040-0013, Expiration date: 02/28/2025 View burden statement 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#50/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 92338 limited to: the submitted application not being considered for award, enforcement actions taken against an existing award pending investigation or review, or referral to the DHS Office of Inspector General. Authorized Organizational Representative for the grant By signing this application, I certify that I understand that inputting my password below signifies that I am the identified Authorized Organization Representative for this grant. Further, I understand that this electronic signature shall bind the organization as if the application were physically signed and filed. Authorization to submit application on behalf of applicant organization By signing this application, I certify that I am either an employee or official of the applicant organization and am authorized to submit this application on behalf of my organization; or, if I am not an employee or official of the applicant organization, I certify that the applicant organization is aware I am submitting this application on its behalf, that I have written authorization from the applicant organization to submit this application on their behalf, and that I have provided contact information for an employee or official of the applicant organization in addition to my contact information. 7/3/25, 11:39 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FP-00242/application#51/51 Docusign Envelope ID: 26C293E5-7496-4E88-ACC1-81986310C7C8 93339