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HomeMy WebLinkAbout10-07-25 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence or Mindfulness C. Changes to the Agenda D. Authorize Absence E. FYI F. Commission Disclosures G. Approval of Minutes G.1 Approval of Regular City Commission Meeting Minutes from August 5, 2025 (Newby) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, October 7, 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 regular meeting minutes as submitted. 1 H. Consent H.1 Authorizing a Letter and Op-ed Related to the Ownership of King Arthur Park (Commission) H.2 Accounts Payable Claims Review and Approval (Edwards) H.3 Authorize the City Manager to Sign the HRDC Non-profit Grant Agreement for Homeless Shelter Services(Grabinski) H.4 Authorize the City Manager to Sign the Haven Non-profit Grant Agreement for Intervention and Emergency Housing Services to Domestic Violence Survivors(Grabinski) H.5 Authorize the City Manager to Sign the Family Promise Non-profit Grant Agreement for Emergency Housing Services for Families(Grabinski) H.6 Authorize the City Manager to Sign the U.S. Department of Homeland Security FEMA Assistance to Firefighters Grant Agreement(Grabinski) H.7 Authorize the Mayor to Sign the HUD Community Development Block Grant Program Year Two Annual Allocation(Grabinski) H.8 Approve the Hidden Creek Minor Subdivision Preliminary Plat Application to Subdivide One Lot into Four Lots for Civic and Residential Uses; the Subdivision is Proposed on a 9.82 Acre Tract and is Zoned R-4 (Residential High Density District), Currently Addressed at 1221 West Durston Road, the Purpose of this Subdivision Application is to Facilitate a Future Affordable Housing Development on the Northern Portion of the County Owned Tract, Application 24533 (Quasi-Judicial)(Garber) H.9 Approve the SRX II Subsequent Minor Subdivision Preliminary Plat Application to Further Subdivide Five Lots in Minor Subdivision 494 to Create Three Buildable Lots, One Restricted Development Lot, and Road Right-of-way Extensions; the Subdivision is Proposed on 35.06 Acres and is Zoned B-2M (Community Business District Mixed) and REMU (Residential Emphasis Mixed Use) Generally Located Northeast of the Corner of West Graf Street and South 19th Avenue, Application 24112 (Quasi-Judicial)(Garber) H.10 Authorize the City Manager to Sign the Notice of Award for Construction of the I-Ho Pomeroy Peace Park Project, to Haselden Montana Constructors, in the Amount of $533,476.28, and Final Contract Documents Once Received(Henderson) H.11 Authorize the City Manager to Sign a Settlement and Release Agreement Resolving the Village Investment Group v. City of Bozeman Litigation(Rischke) H.12 Authorize the City Manager to Sign a Software as a Service Agreement with Dropcountr, Inc. for Water Utility Software and Web-Based Customer Water Use Portal(Ahlstrom) H.13 Authorize the City Manager to Sign a Contract With United States Geological Survey (USGS) as a Proposed Funding Partner for FY26 3D Hydrography Program Data Collaboration Announcement Project Proposal(Jorgenson) H.14 Authorize the City Manager to Sign a Professional Services Agreement with Latta 2 Consultants dba Indigo West LLC to Implement a Downtown Parking Vision Plan(Staley) H.15 Authorize the City Manager to Sign an Amendment 3 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC for Phase I Rehabilitation Improvements to the City's Sourdough Water Storage Tank(Nielsen) H.16 Authorize the City Manager to Sign an Amendment 4 to the Professional Services Agreement with K2 Ventures, Inc. for Snow Removal and Maintenance Services within Select Bozeman Parks and Trails District Properties(Canter) H.17 Resolution Authorizing Change Order 1 to Construction Contract with Sime Engineering for Story Mill Community Park, East Parking Lot(Jadin) I. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission J. Mayoral Proclamation J.1 Mayoral Proclamation Proclaiming October 5th through 11th 2025 Fire Prevention Week(Cunningham) K. Special Presentation K.1 Telling the Story of the Bozeman Police Department (Veltkamp) K.2 Bozeman Creek Resiliency Plan Public Engagement Plan (Henderson) K.3 Regional Housing Coalition WARD Policy Analysis (Bond) K.4 Headwaters Community Housing Trust Poll Results (Stein/App) K.5 Receive Presentation on a Proposal from the Associated Students of Montana State University Related to Ex-officio Membership on City Boards(ASMSU) L. Action Items L.1 A Resolution Restructuring the Community Development Board, a Resolution Authorizing Remote Participation by a Board Member to Qualify for Determining a Quorum, and Provisional Adoption of an Ordinance Repealing Divisions 4, 15, 16, 17, and 18 of Chapter 2, Article 5, BMC Related to the City Planning Board, Zoning Commission, Design Review Board, Wetlands Review Board, and Board of Adjustment(Sullivan) 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. 3 L.2 Resolution to Modify Request for Information Policy and Process to Conform with HB100(Maas) M. Appointments M.1 Confirm Appointments and Roles to the Community Development Board (Maas) N. FYI / Discussion O. Adjournment Consider the Motion: I move to Approve the Resolution Restructuring the Community Development Board AND I move to approve the Resolution for Remote Participation AND I move to provisionally adopt the Ordinance repealing Chapter 2, Article 5, Divisions 4, 15, 16, 17, and 18 of the Bozeman Municipal Code. Consider the Motion: I move to Adopt a Resolution to Modify Request for Information Policy and Process to Conform with HB100 Consider the Motion: I move to confirm the appointments to the Community Development Board as provided for in the staff memorandum and to designate citizen member [insert name] to be a representative of the development community. 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. 4 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Jon Henderson, Assistant City Manager SUBJECT:Approval of Regular City Commission Meeting Minutes from August 5, 2025 MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Consider the Motion: I move to approve the regular meeting 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. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None. Attachments: 08-05-25 City Commission Meeting Minutes.pdf 5 Report compiled on: October 2, 2025 6 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 1 of 14 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES August 5, 2025 Roll Call Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode Absent: None Excused: None Staff at the Dias: Assistant City Manager (ACM) Jon Henderson, Chief Civil Attorney (CCA) Anna Saverud, Deputy City Clerk (DCC) Alex Newby A) 00:02:18 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:04:14 Pledge of Allegiance and a Moment of Silence or Mindfulness C) 00:05:00 Changes to the Agenda • Pull Consent Agenda Item G.4 and place it in Action Items as J.1. D) 00:05:42 FYI • Commissioner Madgic announced Northside Walk with a Commissioner, Thursday the 14th of August at 9 am, meeting at Finks outdoor patio and Friday, the 15th of August on the Southwest corner of Beall Park at 9 am. • Mayor Cunningham is doing educational updates associated with the WARD initiative. • Tonight, he answers two questions: 1. Where does Bozeman water come from? 2. What is cash-in-lieu of water rights? • ACM Henderson announced that the draft text for our Wetlands Ordinance is available for review on our Engage Bozeman website. • The Bozeman Public Library will celebrate the Dragon Festival to close out the 2025 Children's Summer Learning Program on Friday, August 15 from 12-2 pm. 7 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 2 of 14 • The Bozeman Stampede Rodeo will be shooting off fireworks Aug 7, 8 and 9 at the Bozeman Fairgrounds. E) 00:11:37 Commission Disclosures F) 00:12:06 Approval of Minutes F.1 Approval of Regular Meeting Minutes: 07-15-25 City Commission Meeting Minutes, 07- 22-25 City Commission Meeting Minutes 07-15-25 City Commission Meeting Minutes.pdf 07-22-25 City Commission Meeting Minutes.docx 00:12:06 Motion to approve: I move to approve the regular City Commission Meeting Minutes from July 15th and July 22nd. Joey Morrison: Motion Douglas Fischer: 2nd 00:12:15 Vote on the Motion to approve: I move to approve the regular City Commission Meeting Minutes from July 15th and July 22nd. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None G) 00:12:34 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the City Manager to Sign a Memorandum of Understanding with the Big Sky Sustainability Network Organization (Big Sky SNO) and Montana State University's Office of Sustainability for Transportation Demand Management Services MoU_BS SNOW_MSU_Draft 080525.pdf G.3 Authorize the Mayor to sign the Findings of Fact and Order for the Meadow Bridge Subdivision Preliminary Plat, Application 25017 (Quasi-Judicial) 25017 Meadow Bridge_Findings of Fact.pdf G.5 Authorize the City Manager to Sign a Professional Services Agreement with Morrison- Maierle for Midtown Design Standards Midtown Design Standards FULL 072225.pdf G.6 Authorize the City Manager to Sign a Professional Services Agreement with Mimir Water LLC. for Commercial, Institutional and Industrial (CII) Water Use Assessment Program Services PSA_CII Water Use Assessment Program_Mimir Water_FY2026.pdf Exhibit A_CII Water Use Assessment Program_Scope of Services_FY2026.pdf 8 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 3 of 14 G.7 Authorize the City Manager to Sign a Professional Services Agreement with DOWL LLC for the Hyalite Intake Dam Rehabilitation Project. Final Combined PSA - DOWL - Hyalite Intake Dam Rehab.pdf G.8 Authorize the City Manager to Sign an Amendment to the Professional Services Agreement with Baker Tilly for Municipal Advisory Services Related to Fire Station 2 Tax Credit Baker Tilly Appendix E_Tax Filing & Compliance Services 2024_Solar Project - Fire Station 2.pdf G.9 Authorize the City Manager to Sign an Amendment to the Professional Services Agreement with Baker Tilly for Municipal Advisory Services for Arbitrage Rebate Compliance Baker Tilly Appendix_Arbitrage Compliance_Fiscal Year 2025.pdf G.10 Authorize the City Manager to sign Task Order Number 1 for the Right of Way Acquisition Project with Clear Route Real Estate, LLC for properties necessary to construct the Gooch Hill Lift Station Task Order 1 2025-7-7.pdf G.11 Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement for Geographic Information Systems (GIS) Services for the Purpose of Amending the Scope of Service First Amendment to Professional Service Agreement for Professional Geographic Information Systems (GIS) Services.pdf G.12 Authorize the City Manager to Sign a Task Order 12 with Economic and Planning Systems (EPS) for a 2025 Market and Economic Conditions Report Task Order 12 - 2025 Q2 Market Report full.pdf G.13 Authorize the City Manager to Sign an Amendment One to Task Order 8 with Sanderson Stewart for the Pedestrian Crossing at North 7th Avenue and Aspen Street safe_print_Amendment 1 To Services Agreement_Sanbell_061625.pdf Complete_with_Docusign_G15_Task_Order_008_F.pdf G.14 Authorize the City Manager to Sign Amendment 7 to the Professional Services Agreement for the Field Survey Term Contract with Sanbell, to Facilitate Design of Upcoming Capital Improvements Projects PSA Amendment No 7.docx Scope and Fee Amendment 7 - 072325.pdf G.15 A Resolution of the City Commission of the City of Bozeman, Montana, Confirming the Appointment of Police Officers in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113. Commission Resolution Confirming Officers G.16 A Resolution Approving Prime Change Orders 1, 2, 3, and 4 and Authorizing the City Manager to Sign Amendment 001 of a Construction Agreement with Jackson Contracting Group for Bozeman City Hall Renovation Construction Services. PSA Amendment 001 - Jackson Contracting Group.pdf Resolution City Hall Renovation Prime Change Order(s) 001, 002, 003 & 004.pdf 00:12:54 ACM Henderson presented the Consent Agenda Highlights 00:14:52 Public Comment on Consent 00:15:17 Alison Sweeney requested pulling Consent Item G.5 9 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 4 of 14 00:18:14 Motion to approve: I move to approve items G.1 through G.3 and G.5 through G.16 as presented. Douglas Fischer: Motion Douglas Fischer: 2nd 00:18:27 Vote on the Motion to approve: I move to approve items G.1 through G.3 and G.5 through G.16 as presented. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None H) 00:18:56 Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission 00:19:50 Jeff Ball commented in support of looking at per unit bases on assessments. 00:21:38 John Myer commented in support of mixed income development affordable housing. 00:24:50 Anna Shchemelinin commented in opposition to the Pride Flag. 00:28:09 Daniel Carty commented on the appropriateness of Mayor Cunningham tabling about water education. I) 00:30:48 Mayoral Proclamation I.1 Mayoral Proclamation Proclaiming Americans with Disabilities Act Month 2025 Proclamation of 35th Anniversary of ADA Month.docx J) 00:32:32 Action Items G.4 Moved from Consent to Action Items for further discussion. Consent Item G.4) has become Action Item J.1) Ratify the Signature of the City Manager for a Professional Services Agreement with Strategies 360 for Ballot Education Communications Services PSA - Ballot Education.pdf RFP Response - Consulting and Graphic Design Services for Ballot Education - Strategies 360.pdf Bozeman Ballot Education (Updated Budget).pdf 10 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 5 of 14 00:33:05 Questions of Staff 00:40:32 Terry Quatraro commented on the WARD ballot initiative. 00:43:57 John Myer commented in support of affordable housing and WARD. 00:46:44 Natsuki Nakamura commented in support of the WARD ballot initiative. 00:49:47 Zeth Stone commented in support of the Ward ballot initiative. 00:51:50 Daniel Carty commented in opposition to passing Action Item G.4. 00:54:19 Mark Campanelli commented on the WARD ballot initiative. 00:55:40 David Loseff commented on the Ward ballot initiative. 00:57:52 Marcy Young commented on the WARD ballot initiative. 00:59:20 Alison Sweeney commented on the drought reserve charge. 01:00:36 Dan Kaveney commented on the WARD ballot initiative. 01:03:30 Marcia Kaveney commented in support of Dan Kaveney and Daniel Carty. 01:04:05 Motion to approve: I move to approve consent item G. 4. Jennifer Madgic: Motion Joey Morrison: 2nd 01:04:20 Questions of Staff Discussion 01:20:16 Vote on the Motion to approve: I move to approve consent item G. 4. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None J.2 01:20:40 (Formerly J.1) Review and reconsider the Boutique Hotel, Located at 240 E. Mendenhall, Site Plan and Commercial Certificate of Appropriateness with a Deviation, Application 24147 11 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 6 of 14 24147 staff report CC 2.0.docx 01:20:47 ACM Henderson introduced Action Item J.2** (G. 4 has become Action Item J.1, so each further Action Item will have a numeral increase of one.) We now have a total of six action Items. 01:21:26 Staff Presentation Development Review Manager (DRM) Brian Krueger presented The Boutique Hotel Application, Site Context, Proposed Site Plan, Building Design, Proposed Off-Site Parking, Deviation Request, Deviation Review Criteria, Deviation Criteria 2, Deviation Criteria 3, Conformance with other Adopted City of Bozeman Plans, Public Comment. 01:40:57 Questions of Staff 02:19:44 Mayor Cunningham called the meeting into recess 02:26:46 Mayor Cunningham called the meeting back to order 02:27:04 Applicant Presentation Rob Pertzborn from Intrinsik Architecture representing the Paine Group presented the application, site and map context, 2012 Bozeman Creek Enhancement Plan, Bozeman Creek Analysis, Existing Bozeman Creek, Proposed Bozeman Creek, Criteria, Public Use Areas. 02:35:05 Matt Paine of the Paine Group spoke about the project they are presenting on the Bozeman Creek corridor. 02:41:20 Questions of Applicant 03:07:31 Public Comment 03:07:35 John Amsden from the Bozeman Hotel commented in opposition to the Boutique Hotel. 03:10:29 Sherry Zimspeich of the Bozeman Hotel commented about her concern of the impact of the Boutique Hotel. 03:11:03 David Louseth owner of Baxter commented in favor of the Boutique Hotel. 03:14:16 Daniel Carty commented in opposition of the Boutique Hotel. 03:17:00 Alison Sweeney commented in favor of the Boutique Hotel. 03:19:17 Mark Campanelli commented in opposition to the Boutique Hotel. 03:21:13 Natsuki Nakamura commented on the process of considering the Boutique Hotel application. 03:23:23 Mary Bateson commented on Bozeman Creek access. 03:24:38 Emily Talago commented on Daylighting Bozeman Creek. 12 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 7 of 14 03:28:27 Comments from and Questions of Staff 03:40:39 Motion to adopt: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the staff findings as presented in the staff report for application 24147 that the application does meet the criteria required for approval and move to approve with conditions the Boutique Hotel application for the deviation requested to allow for encroachment of open space hardscaping, a 4-foot awning, and supporting utility infrastructure into the 35-foot watercourse setback. Emma Bode: Motion Jennifer Madgic: 2nd 03:41:10 Discussion 03:58:00 Mayor Cunningham extended the meeting to 10:30. 04:11:12 ACM Henderson explains conditions 04:13:29 Motion to amend: Prior to final site plan approval, the applicant must submit additional information to the Community Development depicting the concept submitted at the public meeting on August 5, 2025, including the reduction in the patio width and the provision of a natural fines path, for review and approval by the Community Development Director. Emma Bode: Motion Jennifer Madgic: 2nd Discussion 04:14:37 Vote on the Motion to amend: Prior to final site plan approval, the applicant must submit additional information to the Community Development depicting the concept submitted at the public meeting on August 5, 2025, including the reduction in the patio width and the provision of a natural fines path, for review and approval by the Community Development Director. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None 04:15:10 Motion to amend: Native vegetation be used within that 35-foot setback. Jennifer Madgic: Motion Douglas Fischer: 2nd 13 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 8 of 14 Discussion 04:18:20 Vote on the Motion to amend: Native vegetation be used within that 35-foot setback. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None 04:20:20 Vote on the Motion to adopt: Consider the Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the staff findings as presented in the staff report for application 24147 that the application does meet the criteria required for approval and move to approve with conditions the Boutique Hotel application for the deviation requested to allow for encroachment of open space hardscaping, a 4-foot awning, and supporting utility infrastructure into the 35-foot watercourse setback. The Motion carried 3 - 2. Approve: Joey Morrison Douglas Fischer Emma Bode Disapprove: Terry Cunningham Jennifer Madgic J.3 04:20:41 (Formerly J.2) Resolution Establishing a Three (3) Percent Increase to Tree Maintenance District Assessments for Fiscal Year 2025-2026 (FY26). Resolution_XXXX_Tree_Mtc_Assessments_FY26.docx 04:21:11 ACM Henderson Introduced the Action Item J.3. 04:21:33 Mayor Cunningham extended the meeting to 11:00 pm. 04:21:41 Staff Presentation Budget Manager Kaitlin Johnson Presented the Maintenance Districts, Overall Estimated Impact Summary, Property Taxes, Utility Rates, Estimated Impact Summary, Changes in Billing Entity, Example of Special Assessment Bill from City of Bozeman, Example of Gallatin County Tax Bill, Special Assessments, Tree Maintenence District, Tree Maintenance (Forestry) 04:25:40 Questions of Staff 04:28:30 Public Comment 14 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 9 of 14 04:28:43 Mark Campanelli commented about trees in the Bogert Park neighborhood. 04:30:26 Mary Mateson commented on the fairness of the assessment method. 04:33:07 Emily Talago commented on recalibrating assessments. 04:35:20 Staff Response 04:36:38 Motion to adopt: I move to adopt Commission Resolution establishing a 3% increase in Tree Maintenance District Assessments for FY26, making the assessment rate $0.004320 per assessable square foot. Jennifer Madgic: Motion Joey Morrison: 2nd Discussion 04:41:42 Vote on the Motion to adopt: I move to adopt Commission Resolution establishing a 3% increase in Tree Maintenance District Assessments for FY26, making the assessment rate $0.004320 per assessable square foot. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None J.4 (Formerly J.3) Resolution Establishing a Three (3) Percent Increase to Arterial and Collector Street Special District Assessments for Fiscal Year 2025-2026 (FY26). Resolution_Arterial-CollectorStreet_Mtc_Assessments_FY26.pdf 04:41:58 ACM Henderson introduced Action Item J.4. 04:42:08 Staff Presentation Budget Manager Kaitlin Johnson presented Arterial and Collector Street Special District Assessments for FY 25-26. 04:42:38 Public Comment There was no Public Comment. 04:43:02 Motion to approve: I move to adopt the Commission Resolution establishing a 3% increase in Arterial and Collector Street Maintenance Assessments for FY26, making the assessment rate $0.008500 per assessable square foot. 15 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 10 of 14 Joey Morrison: Motion Douglas Fischer: 2nd Discussion 04:43:48 Vote on the Motion to approve: I move to adopt the Commission Resolution establishing a 3% increase in Arterial and Collector Street Maintenance Assessments for FY26, making the assessment rate $0.008500 per assessable square foot. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None J.5 04:43:59 (Formerly J.4) Resolution Establishing a Three (3) Percent Increase to Parks and Trails Maintenance District Assessments for Fiscal Year 2025-2026 (FY26). Resolution_Parks___Trails_Maintenance_Dist_FY26.pdf 04:44:04 ACM Henderson introduced Action Item J.5. 04:44:10 Staff Presentation Budget Manager Kaitlin Johnson presented Parks and Trails Maintenance District Assessments for FY 25- 26. 04:44:35 Public Comment There was no Public Comment 04:44:52 Motion to adopt: I move to adopt the Commission Resolution establishing a 3% increase in Parks and Trails Maintenance District Assessments for FY26, making the assessment rate $0.029518 per assessable square foot. Douglas Fischer: Motion Emma Bode: 2nd Discussion 04:46:25 Vote on the Motion to adopt: I move to adopt the Commission Resolution establishing a 3% increase in Parks and Trails Maintenance District Assessments for FY26, making the assessment rate $0.029518 per assessable square foot. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic 16 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 11 of 14 Douglas Fischer Emma Bode Disapprove: None J.6 (Formerly J.5) Resolution Establishing a Three (3) Percent Increase to Street Maintenance District Assessments for Fiscal Year 2025-2026 (FY26). Commission_Resolution_-_Street_Maintenance_Dist_FY26.pdf 04:46:42 ACM Jon Henderson introduced Action Item J.6. 04:46:50 Staff Presentation Budget Manager Kaitlin Johnson presented Street Maintenance District Assessments for FY 25-26. 04:47:30 Public Comment There was no Public Comment. 04:47:55 Motion to adopt: I move to adopt the Commission Resolution establishing a 3% increase in Street Maintenance District Assessments for FY26, making the assessment rate $0.040217 per assessable square foot. Emma Bode: Motion Jennifer Madgic: 2nd Discussion 04:49:25 Vote on the Motion to adopt: I move to adopt the Commission Resolution establishing a 3% increase in Street Maintenance District Assessments for FY26, making the assessment rate $0.040217 per assessable square foot.? The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None K) 04:49:47 Appointments K.1 04:49:53 Appointments to the Historic Preservation Advisory Board 12-11-24 - CAB Applications - James (Jim) Webster.pdf Ashley Wilson 05-27-25.pdf Mitchell Korus 06-21-25.pdf 06-16-23 - CAB Applications - Michael Wiseman.pdf 17 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 12 of 14 04:50:06 Motion to appoint: I move to reassign James Webster to the role of Historic District Representative, with a term ending June 30, 2027. AND I move to reappoint Ashley Wilson to an At-large position with a term expiring June 30, 2027. AND I move to reappoint Michael Wiseman to the Architect position with a term expiring June 30, 2027. AND I move to appoint Mitchell Korus to an At-large position with a term expiring June 30, 2026. Jennifer Madgic: Motion Joey Morrison: 2nd There was no Public Comment 04:50:57 Vote on the Motion to appoint: Consider the Motion: I move to reassign James Webster to the role of Historic District Representative, with a term ending June 30, 2027. AND I move to reappoint Ashley Wilson to an At-large position with a term expiring June 30, 2027. AND I move to reappoint Michael Wiseman to the Architect position with a term expiring June 30, 2027. AND I move to appoint Mitchell Korus to an At-large position with a term expiring June 30, 2026. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None K.2 04:51:09 Appointments to the Community Development Board Courtney Johnson 01-10-25.pdf Jonas Bieliauskas 07-09-25.pdf There was no Public Comment. 04:51:35 Motion to appoint: I move to appoint Courtney Johnson to an At-large position with a term ending December 31, 2027. Jennifer Madgic: Motion Joey Morrison: 2nd 04:51:49 Vote on the Motion to appoint: Consider the Motion: I move to appoint Courtney Johnson to an At-large position with a term ending December 31, 2027. The Motion carried 5 - 0. 18 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 13 of 14 Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None K.3 04:52:00 Appointments to the Downtown Business Improvement District Board There was no Public Comment. 04:52:17 Motion to appoint: I move to appoint Randy Scully and Ileana Indreland to At-large positions with terms ending June 30, 2027. Douglas Fischer: Motion Emma Bode: 2nd 04:52:32 Vote on the Motion to appoint: I move to appoint Randy Scully and Ileana Indreland to At-large positions with terms ending June 30, 2027. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None L) 04:52:45 FYI / Discussion • Commissioner Fischer asked neighborhoods be included as stake holders on Consent Agenda item G.5. M) 04:53:19 Adjournment ___________________________________ Terry Cunningham Mayor 19 Bozeman City Commission Meeting Minutes, August 5, 2025 Page 14 of 14 ATTEST: ___________________________________ Alex Newby Deputy City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: October 7, 2025 20 Memorandum REPORT TO:City Commission FROM:Terry Cunningham, Mayor Joey Morrison, Deputy Mayor Jennifer Madgic, Commissioner Douglas Fischer, Commissioner Emma Bode, Commissioner SUBJECT:Authorizing a Letter and Op-ed Related to the Ownership of King Arthur Park MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Authorizing a Letter and Op-ed Related to the Ownership of King Arthur Park STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The City of Bozeman has spent several years prioritizing affordable housing, using every tool available – from tax breaks to taxpayer revenue – to support projects throughout the city. The 338 workforce homes within the King Arthur Park and Mountain Meadow Estates mobile home parks represent nearly 1/10th of the affordable mobile home stock within Gallatin County. Those homes, while outside city limits, house individuals and families who work and shop within city limits and/or go to school within the city. The two mobile home parks offer important, dignified affordable housing within the region that require neither tax breaks nor public subsidies. With the owner of the land beneath those homes seeking to sell the properties, that housing stock is now in danger. Residents have unionized and are seeking to negotiate a purchase with the owner, Gary Oakland of Billings-based Oakland & Co., but so far have been rebuffed. The attached resolution lays out a strategy to appeal to Mr. Oakland’s “better angel.” It contains a letter from the Commission asking Mr. Oakland to look at Montana’s long tradition of Montanans – particularly those graced with good fortune – helping each other. If the letter produces no response from Mr. Oakland within five business days, the Commission will submit the attached op-ed to the Billings Gazette and Bozeman Daily Chronicle for publication. 21 UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Commission FISCAL EFFECTS:None Attachments: Commission Letter 9_30_25.doc Report compiled on: September 29, 2025 22 Oct. 7, 2025 Gary Oakland Oakland & Co. 175 N. 27th Street, Suite 900 Billings, MT 59101 Dear Mr. Oakland: We write as the unanimous Bozeman City Commission on behalf of 338 working-class individuals and families living in the King Arthur and Mountain Meadows mobile home parks. We understand you’re exploring options to sell those properties, and we sincerely hope you’ll consider the residents – our neighbors – as you do so. After all, Montana has a long history of Montanans stepping forward to share their good fortune with others, so we all benefit. We take care of each other. You’ve got several great examples in Billings alone: In 1901, the Frederick Billings family put up $22,000 to ensure every ranch hand’s kid could have a library card. Eighty years later, a sheepherder’s daughter's gift saved an aging theater and gave us the Alberta Bair. Today in Bozeman, you have an opportunity to continue that legacy. The families in King Arthur Park and Mountain Meadow Estates are hoping for a chance to negotiate with you the purchase of your land to preserve their homes as a resident-owned community. We, the five members of Bozeman’s elected City Commission, ask for a little grace. You have the opportunity to stand with Frederick Billings, Alberta Bair, P.B. Boyd and Jon Dehler in leaving Montana a better place. Those two mobile home parks represent 10 percent of Gallatin County’s workforce-oriented, affordable mobile home stock. These are the homes, or former homes, of delivery drivers, lawmakers, bank tellers, teachers, firefighters, and families. We admire your company’s motto – “People are the foundation of our success.” The residents of King Arthur and Mountain Meadows are the backbone of Montana. We could use your help keeping these residents in dignified housing that – thank you, Gary – you helped sustain over so many years. In the 1940s, watching his beloved Big Sky Country get torn apart by prospectors hoping to cash in on the phosphorus boom, Ulm rancher Earl Monroe leased the sacred “pishkun” site to prevent its exploitation. 23 His protective stewardship kept what we know today as the First Peoples Buffalo Jump off‑limits to mining or damage, safeguarding this cultural gem for the public. It’s easy, in today’s global culture, to take what you can and let others fend for themselves. We hope you, Mr. Oakland, can find generosity in your heart to help Montanans and to build this great state. Earl Monroe and Alberta Bair would be proud. Sincerely, _________________________ __________________________ Terry Cunningham, Mayor Joey Morrison, Deputy Mayor _________________________ __________________________ Jen Madgic, Commissioner Emma Bode, Commissioner _________________________ Douglas Fischer, Commissioner 24 Memorandum REPORT TO:City Commission FROM:Rhonda Edwards, Accounts Payable Clerk Serena Axelson, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:October 7, 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 October 8 & 15, 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 25 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign the HRDC Non-profit Grant Agreement for Homeless Shelter Services MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Sign the HRDC Non-profit Grant Agreement for Homeless Shelter Services. STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for partnerships with key business groups and non-profit organizations. BACKGROUND:During the June 10, 2025 annual budget adoption meeting, City Commission approved funding for homeless shelter services with HRDC. This agreement supports the year-round emergency homeless shelter operations. HRDC also provides critical programs for people experiencing homelessness to help them achieve self-sufficiency. This longstanding collaboration between the City of Bozeman and HRDC IX supports the City's Strategic Plan goal 1.4 by maintaining our partnership with non-profit organizations to help create a safe and welcoming Bozeman community. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by City Commission FISCAL EFFECTS:Total expenditures are expected to be $360,000. Expenditures are included in the adopted FY26 budget and will be made in the General Fund. Attachments: FY26_HRDC_Non-profit_grant_agreement.pdf Report compiled on: September 12, 2025 26 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 1 CITY OF BOZEMAN GRANT AGREEMENT HRDC IX, Bozeman THIS AGREEMENT is made and entered into this 7th day of October 2025 by and between the City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and HRDC IX, a non-profit organization located at 32 S. Tracy Ave., Bozeman, Montana 59715 as GRANTEE. WHEREAS, on October 17, 2005, the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, HRDC IX submitted a proposal to the City Commission for a grant of $500,000 for the financial support for the Warming Center, a year-round emergency shelter (the “Project”/the “Services”) that would benefit from the City funding; and WHEREAS, the City Commission may make grants of money for public purposes pursuant to Sect. 7-1-4124(9), MCA; and WHEREAS, the City Commission determines the granting of funds under this Agreement is for a public purpose benefitting the community by providing overnight, year-round emergency shelter for unhoused men and women; and WHEREAS, on June 10th, 2025, the Commission appropriated $360,000 for the Services. THE PARTIES AGREE: 1. The Grant. The City will grant and release to GRANTEE a sum of up to Three hundred sixty thousand dollars ($360,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2. Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2026. 3. Use of Grant Funds. Grant funds in the amount of up to Three hundred sixty thousand dollars ($360,000) will be used by GRANTEE for the sole purpose of providing year- round shelter services as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement [and must be requested for reimbursement no later than July 20th, 2026 following the expiration of this Agreement]. Eligible expenses must serve City of Bozeman residents. Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 27547 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 2 4. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2026, as needed by providing proof of expenses paid. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. b. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. c. The City will have no obligation to pay any Grant funds unless at the time of the request for payment (i) all of GRANTEE’s representations as set forth in Section 4 are true and correct, and (ii) GRANTEE is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in sole the determination of the City, the City shall have no obligation to make payment and the City’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the year-round emergency shelter Services and that the [Project] will benefit City of Bozeman citizens. 6. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agrees to provide to the City Commission, if requested, a formal presentation that includes detail regarding use of Grant funds. Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 28548 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 3 GRANTEE agrees to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE must allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. GRANTEE shall not issue any statements, releases or information for public dissemination without prior approval of the City. 7. Permits and Compliance with Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the Project. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the year-round emergency shelter services. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 29549 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 4 circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Melissa Hodnett, Finance Director or such other individual as City may designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to the City’s Representative and approvals or authorizations will be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Heather Grenier, Executive Director or such other individual as GRANTEE designates in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication must be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 30550 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 5 Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 31551 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 6 City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by GRANTEE of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. In addition, GRANTEE represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). GRANTEE must report to the City any violations of the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within 30 days of such finding for violations occurring during the term of this Agreement. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE must provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on the City’s official posting board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 32552 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 7 handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 33553 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 8 19. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. 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. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Chuck Winn, City Manager City of Bozeman _______________________ Date: __________ Heather Grenier, Executive Director GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 9/11/2025 34554 FY 2026 HRDC IX Grant Agreement -Emergency Shelter Services Exhibit A V 9 7 22 Exhibit A Grant Proposal Grant Project Overview: HRDC IX operates the Warming Center, a year-round emergency shelter for unhoused men and women. It offers an overnight stay while connecting guests to critical programs aimed at achieving self-sufficiency and making their experience of homelessness rare, brief and one-time. This collaboration between the City and HRDC IX supports the City’s Strategic Plan goal 1.4 by maintaining a key partnership with non-profit organizations that create a safe and welcoming Bozeman Community. Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 35555 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign the Haven Non-profit Grant Agreement for Intervention and Emergency Housing Services to Domestic Violence Survivors MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Sign the Haven Non-profit Grant Agreement for Intervention and Emergency Housing Services to Domestic Violence Survivors. STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for partnerships with key business groups and non-profit organizations. BACKGROUND:Haven is a non-profit organization that provides transitional housing to domestic violence survivors. Haven provides confidential support, legal advocacy, counseling, and a safe place for anyone impacted by domestic violence, sex trafficking, sexual assault, and stalking. The Commission is dedicated to providing assistance for transitional and emergency housing needs in Bozeman. This agreement for $40,000 between the City of Bozeman and Haven is the City's dedication to our most vulnerable residents. This collaboration aligns with the City's Strategic plan goal 1.4 of having key partnerships with non-profits to provide critical services for our residents. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission FISCAL EFFECTS:Total expenditures are expected to be $40,000. Expenditures are included in the adopted FY26 budget and will be made in the General Fund. Attachments: FY26_Haven_Grant_Agreement.pdf Report compiled on: September 12, 2025 36 FY 2026 Grant Agreement -Haven Page 1 CITY OF BOZEMAN GRANT AGREEMENT Haven Domestic Violence Intervention and Prevention Program THIS AGREEMENT is made and entered into this 7th day of October 2025 by and between the City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and Haven, a non-profit organization located at 132 Pond Row, Bozeman, Montana 59718 as GRANTEE. WHEREAS, on October 17, 2005, the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, Haven submitted a proposal to the City Commission for a grant of $70,747 for the financial support to provide crisis intervention services to survivors of domestic violence (the “Project”/the “Services”) that would benefit from GRANTOR funding; and WHEREAS, the City Commission may make grants of money for public purposes pursuant to Sect. 7-1-4124(9), MCA; and WHEREAS, the City Commission determines the granting of funds under this Agreement is for a public purpose benefitting the community by providing intervention services and transitional housing to survivors of domestic violence; and WHEREAS, on June 10th, 2025, the Commission appropriated $40,000 for crisis intervention services and transitional housing services to survivors of domestic violence. THE PARTIES AGREE: 1. The Grant. GRANTOR will grant and release to GRANTEE a sum of up to forty thousand dollars ($40,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2. Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2026. 3. Use of Grant Funds. Grant funds in the amount of up to forty thousand dollars ($40,000 will be used by GRANTEE for the sole purpose of providing crisis intervention services to domestic violence survivors as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement [and must be requested for reimbursement no later than July 20th, 2026, following the expiration of this Agreement]. Eligible expenses must serve City of Bozeman residents. Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 37538 FY 2026 Grant Agreement -Haven Page 2 4. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2026, as needed by providing proof of expenses paid. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. b. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. c. GRANTOR will have no obligation to pay any Grant funds unless at the time of the request for payment (i) all of GRANTEE’s representations as set forth in Section 4 are true and correct, and (ii) GRANTEE is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in sole the determination of GRANTOR, GRANTOR shall have no obligation to make payment and GRANTOR’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to GRANTOR that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. GRANTOR will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to GRANTOR that the Grant funds are necessary to accomplish the financial requirements of the Crisis Intervention Services to Domestic Violence Survivors and that the [Project] will benefit City of Bozeman citizens. 6. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to GRANTOR a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agrees to provide to GRANTOR Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 38539 FY 2026 Grant Agreement -Haven Page 3 Commission, if requested, a formal presentation that includes detail regarding use of Grant funds. GRANTEE agrees to develop and/or provide such other documentation as requested by GRANTOR demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE must allow the GRANTOR, its auditors, and other persons authorized by GRANTOR to inspect and copy its books and records for the purpose of verifying that monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by GRANTOR. GRANTEE shall not issue any statements, releases or information for public dissemination without prior approval of GRANTOR. 7. Permits and Compliance with Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the Project. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of GRANTOR for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of GRANTOR’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent GRANTOR or otherwise bind GRANTOR in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, GRANTOR may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to GRANTOR any Grant funds already delivered to GRANTEE for the Crisis Intervention Services. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide GRANTOR with written notice of its claim, the Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 39540 FY 2026 Grant Agreement -Haven Page 4 facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. GRANTOR’s Representative for the purpose of this Agreement shall be Melissa Hodnett, Finance Director or such other individual as GRANTOR may designate in writing. Whenever approval or authorization from or communication or submission to GRANTOR is required by this Agreement, such communication or submission must be directed to GRANTOR’s Representative and approvals or authorizations will be issued only by such Representative; provided, however, that in exigent circumstances when GRANTOR’s Representative is not available, GRANTEE may direct its communication or submission to other designated GRANTOR personnel or agents and may receive approvals or authorization from such persons. b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Erica Aytes Coyle, Executive Director or such other individual as GRANTEE designates in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication must be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, GRANTOR may direct its direction or communication to other designated GRANTEE personnel or agents. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold GRANTOR and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as GRANTOR) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by GRANTOR. Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 40541 FY 2026 Grant Agreement -Haven Page 5 Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against GRANTOR resulting from GRANTOR’s performance under this Agreement, GRANTOR may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against GRANTOR or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by GRANTOR without limit and without regard to the cause therefore and which is acceptable to GRANTOR and GRANTEE shall furnish to GRANTOR 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 GRANTOR, its officers, agents, and employees, shall be endorsed as an additional insured on a primary non-contributory basis on the Commercial General Liability policy. Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 41542 FY 2026 Grant Agreement -Haven Page 6 The insurance and required endorsements must be in a form suitable to GRANTOR and shall include no less than a thirty (30) day notice of cancellation or non-renewal. GRANTOR must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify GRANTOR within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by GRANTEE of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. In addition, GRANTEE represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). GRANTEE must report to GRANTOR any violations of the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within 30 days of such finding for violations occurring during the term of this Agreement. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from GRANTOR may be subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE must provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on the GRANTOR’s official posting board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 42543 FY 2026 Grant Agreement -Haven Page 7 minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of GRANTOR, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and GRANTOR. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of GRANTOR. Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 43544 FY 2026 Grant Agreement -Haven Page 8 19. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. 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. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Chuck Winn, City Manager City of Bozeman _______________________ Date: __________ Katie Madison, Executive Director GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 9/11/2025 44545 FY 2026 Grant Agreement -Crisis Intervention Services to Domestic Violence Survivors Exhibit A V 9 7 22 Exhibit A Grant Proposal Grant Project Overview: Haven is committed to reducing incidences and minimizing the impact of domestic violence on families and the community by providing crisis intervention services to survivors and education to the community. Haven provides services to survivors of domestic violence, sex trafficking, and stalking. Haven provides emergency shelter, counseling, legal advocacy, and prevention education. This agreement supports the City’s Strategic Plan goal 1.4 Business and Institutional Partnerships where the City and key non- profit organizations partner together to create a safe, welcoming Bozeman community. Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 45546 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign the Family Promise Non-profit Grant Agreement for Emergency Housing Services for Families MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Sign the Family Promise Non-profit Grant Agreement for Emergency Housing Services for Families. STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for partnerships with key business groups and non-profit organizations. BACKGROUND:Family Promise of Gallatin Valley is a non-profit organization that provides transitional housing for families experiencing homelessness. Family Promise aims to provide a safe, stable environment for families with children while they try to secure permanent housing. The Commission is dedicated to providing assistance for transitional and emergency housing needs in Bozeman. This agreement between the City of Bozeman and Family Promise is one way of showing our dedication to our most vulnerable residents. This collaboration aligns with the City's Strategic plan goal 1.4 of having key partnerships with non-profits to provide critical services for our residents. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:Total expenditures are expected to be $100,000. Expenditures are included in the adopted FY26 budget and will be made in the General Fund. Attachments: FY26_Family_Promise_Non-profit_grant_agreement.pdf Report compiled on: September 12, 2025 46 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 1 CITY OF BOZEMAN GRANT AGREEMENT Family Promise of Gallatin Valley THIS AGREEMENT is made and entered into this 7th day of October, 2025 by and between the City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and Family Promise of Gallatin Valley, a non-profit organization located at 1603 Tschache, Bozeman, Montana 59718 as GRANTEE. WHEREAS, on October 17, 2005, the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, Family Promise of Gallatin Valley submitted a proposal to the City Commission for a grant of $120,000 for the operations of the emergency housing continuum (the “Project”/the “Services”) that would benefit from GRANTOR funding; and WHEREAS, the City Commission may make grants of money for public purposes pursuant to Sect. 7-1-4124(9), MCA; and WHEREAS, the City Commission determines the granting of funds under this Agreement is for a public purpose benefitting the community by providing emergency housing; and WHEREAS, on June 10th, 2025 the Commission appropriated $100,000 for the Services. THE PARTIES AGREE: 1. The Grant. GRANTOR will grant and release to GRANTEE a sum of up to One hundred thousand dollars ($100,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2. Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2026. 3. Use of Grant Funds. Grant funds in the amount of up to One hundred thousand dollars ($100,000) will be used by GRANTEE for the sole purpose of operations of the emergency housing continuum as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement [and must be requested for reimbursement no later than July 20th, 2026, following the expiration of this Agreement]. Eligible expenses must serve City of Bozeman residents. Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 47529 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 2 4. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2026, as needed by providing proof of expenses paid. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. b. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. c. GRANTOR will have no obligation to pay any Grant funds unless at the time of the request for payment (i) all of GRANTEE’s representations as set forth in Section 4 are true and correct, and (ii) GRANTEE is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in sole the determination of GRANTOR, GRANTOR shall have no obligation to make payment and GRANTOR’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to GRANTOR that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. GRANTOR will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to GRANTOR that the Grant funds are necessary to accomplish the financial requirements of the Emergency Housing Continuum and that the [Services] will benefit City of Bozeman citizens. 6. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to GRANTOR a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agrees to provide to GRANTOR Commission, if requested, a formal presentation that includes detail regarding use of Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 48530 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 3 Grant funds. GRANTEE agrees to develop and/or provide such other documentation as requested by GRANTOR demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE must allow GRANTOR, its auditors, and other persons authorized by GRANTOR to inspect and copy its books and records for the purpose of verifying that monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by GRANTOR. GRANTEE shall not issue any statements, releases or information for public dissemination without prior approval of GRANTOR. 7. Permits and Compliance with Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the Project. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of GRANTOR for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of GRANTOR’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent GRANTOR or otherwise bind GRANTOR in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, GRANTOR may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to GRANTOR any Grant funds already delivered to GRANTEE for the Emergency Housing Continuum. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide GRANTOR with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 49531 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 4 amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. GRANTOR’s Representative for the purpose of this Agreement shall be Melissa Hodnett, Finance Director or such other individual as GRANTOR may designate in writing. Whenever approval or authorization from or communication or submission to GRANTOR is required by this Agreement, such communication or submission must be directed to GRANTOR’s Representative and approvals or authorizations will be issued only by such Representative; provided, however, that in exigent circumstances when GRANTOR’s Representative is not available, GRANTEE may direct its communication or submission to other designated GRANTOR personnel or agents and may receive approvals or authorization from such persons. b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Christel Chvilicek, Executive Director or such other individual as GRANTEE designates in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication must be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold GRANTOR and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as GRANTOR) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by GRANTOR. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 50532 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 5 under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from GRANTOR’s performance under this Agreement, GRANTOR may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against GRANTOR or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by GRANTOR without limit and without regard to the cause therefore and which is acceptable to GRANTOR and GRANTEE shall furnish to GRANTOR an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate The GRANTOR, its officers, agents, and employees, shall be endorsed as an additional insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to GRANTOR and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 51533 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 6 GRANTOR must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by GRANTEE of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. GRANTEE represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). GRANTEE must report to GRANTOR any violations of the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within 30 days of such finding for violations occurring during the term of this Agreement. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from GRANTOR may be subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE must provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on GRANTOR’s official posting board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 52534 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 7 b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of GRANTOR, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and GRANTOR. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 53535 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 8 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. 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. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Chuck Winn, City Manager City of Bozeman _______________________ Date: __________ Christel Chvilicek, Executive Director GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 9/11/2025 54536 FY 2026 Grant Agreement – Emergency Housing Continuum Exhibit A V 9 7 22 Exhibit A Grant Proposal Grant Project Overview: Family Promise of Gallatin Valley empowers families experiencing housing insecurities to secure a safe, affordable home, a livelihood, and the chance to build a better future for their children. The program provides an essential safety net for extremely low-income families who are experiencing homelessness in Bozeman. The funding request will support the operations of emergency housing continuum which aligns with the City of Bozeman’s Strategic Plan priority #2 and the Community Housing Action Plan. Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 55537 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Josh Waldo, Fire Chief Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign the U.S. Department of Homeland Security FEMA Assistance to Firefighters Grant Agreement MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Sign the U.S. Department of Homeland Security FEMA Assistance to Firefighters Grant Agreement. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:In September 2024, the City of Bozeman Fire Department received a SAFER (Staffing for Adequate Fire and Emergency Response) grant from the U.S. Department of Homeland Security FEMA for twelve new firefighters. Following the acceptance of the SAFER grant agreement, we applied for an Assistance to Firefighters grant in December 2024 for necessary equipment and gear to enhance the safety of the firefighters and therefore the public with respect to fire and fire-related hazards. With this Assistance to Firefighters grant, the period of performance is twenty-four months and the Fire Department will purchase necessary PPE. This grant and activity supports the City's strategic plan 3.1 Public Safety goal by equipping and preparing our Fire Department for emergency situations. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:Total expenditures are expected to be $149,860.00 ($136,236.36 in federal funding and $13,623.64 in City General Fund cost share). Expenditures will be made in the General Fund Fire Department Division and may require a future budget amendment. Attachments: 56 AFG Award.pdf Report compiled on: September 26, 2025 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Brit Fontenot, Economic Development Director Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Authorize the Mayor to Sign the HUD Community Development Block Grant Program Year Two Annual Allocation MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the Mayor to Sign the HUD Community Development Block Grant Program Year Two Annual Allocation STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The HUD Community Development Block Grant (CDBG) Entitlement Program provides annual grants on a formula basis to entitled cities to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. Eligibility for participation as an entitlement community is based on population data provided by the U.S. Census Bureau and metropolitan area delineations published by the Office of Management and Budget. On August 24, 2023, the City of Bozeman received notification from HUD’s Region VIII office of Community Planning and Development that the city has the sufficient population to meet the definition of a Metropolitan City under the CDBG program and is eligible to become what is known as an “entitlement jurisdiction” and is therefore eligible to receive CDBG funding directly from HUD, rather than applying for funding through the State of Montana. As such, on July 23, 2024, Commission approved the 2024-2029 Consolidated Housing Plan and the first program year activities beginning October 1, 2024 by Resolution 5604. On July 15, 2025, the City Commission approved the second program year annual action plan and presented before you today is the program year two agreement for $347,790. The current cumulative total available for program 101 year one and program year two activities is $671,879.05. Both program years identified support for planning and administration, increasing and preserving housing options, providing critical public services, and supporting vulnerable populations. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:Total expenditures are expected to be $347,790 for this CDBG program year two agreement. Expenditures will be made in the CDBG Community Development fund and may require a future budget amendment. Attachments: 2025 ConAAP Grant Agreement Transmittal Letter - Denver - Bozeman.pdf R08 B25MC300004 - CDBG - Bozeman.pdf Report compiled on: September 23, 2025 102 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT Denver Field Office 1670 Broadway, 25th Floor Denver, CO 80202 September 19, 2025 The Honorable Terry Cunningham Mayor of Bozeman 121 N Rouse Ave Bozeman, MT 59715-3740 SUBJECT: Fiscal Year 2025 Grant Agreement Transmittal Dear Mayor Cunningham: The Denver Field Office would like to thank you for your continued partnership in providing quality affordable housing, a suitable living environment, and expanding economic opportunities through the Department of Housing and Urban Development (HUD) programs. One Grant Agreement is attached for each program awarded as follows: Community Development Block Grant Program (CDBG) $347,790.00 Total FY 2025 Award $347,790.00 Federal Award Agreement Transmittal of a grant agreement does not constitute approval of the activities described in your Consolidated Plan or Annual Action Plan. You are reminded that you, as grantee, are responsible for ensuring that all grant funds are used in accordance with all program requirements. By executing the Federal Award Agreement, you are entering into a legally binding agreement with HUD to use the awarded funds and carry out the funded activities in accordance with all Federal statutes, regulations, Federal Register notices, and award terms and conditions that apply to those funds and activities. Please carefully note the addenda that are part of each agreement. HUD recognizes that some U.S. District Courts have issued injunction orders which impact certain FY 2025 CPD formula funding grant agreement(s). To preserve all legal rights and defenses, the enclosed grant agreement contains the same conditions at issue in those court actions. For grantees who are plaintiffs in those court actions, HUD intends to comply with all applicable injunction orders and will not implement or enforce the challenged conditions consistent with those court orders, including disregarding any “certifications” or “compliance” statements. Please return an executed copy of the grant agreement, as discussed below, and HUD will make grant funds at issue in your agreement available consistent with all applicable 103 2 orders. Please be advised that should the injunction orders that currently prohibit HUD from enforcing the challenged conditions as to your grant be stayed, dissolved, or reversed, the grant agreement, with conditions, will automatically become effective. Executing the Agreement The authorized official must complete Addendum 3. Indirect Cost Rate Schedule for each agreement, even if no indirect costs will be charged under the grant. Please mark one (and only one) checkbox to reflect how indirect costs will be calculated and charged under the grant. Please note that the Office of Management and Budget (OMB) issued revised Guidance and the de minimis indirect cost rate increased from 10 percent to up to 15 percent of Modified Total Direct Costs. After inputting their name and title, the authorized official must execute each agreement, with a signature, and date. No other additions other than those described here should be made to the grant agreement without prior written approval. Please ensure the Chief Elected Official or authorized official signs the agreement. You must return the entire Federal Award Agreement, including all addenda, to this office via the Field Office General Email Inbox: CPDDenver@hud.gov. HUD will be signing the grant agreement second and will return to your office a copy of each signed agreement for you to maintain in your local program files. HUD congratulates the Bozeman on your grant award(s), and we look forward to assisting you in accomplishing your program goals. If you have any questions or need further information or assistance, please contact your assigned Field Office representative or email our Office at CPDDenver@hud.gov. Sincerely, Samuel L. Potter Acting CPD Director Denver Field Office Enclosure(s) 104 Page 1 of 8 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT FEDERAL AWARD AGREEMENT A. General Federal Award Information 1. Recipient name (must match Unique Entity Identifler name) and address: City of Bozeman 121 N ROUSE AVE BOZEMAN, MT 59715-3740 12. Assistance listing number and title: • 14.218, Community Development Block Grant Program for Entitlement Communities • 14.225, Community Development Block Grant Program for Insular Areas • 14.228, Community Development Block Grant Program for States and Non-Entitlement Grants in Hawaii 2. Recipient's Unique Entity Identifler: EEAPKALAEM35 13. Amount of federal funds obligated by this action: $347,790.00 3. Tax identiflcation number: 816001238 14. Total amount of federal funds obligated: $347,790.00 4. Federal Award Identiflcation Number (FAIN): B25MC300004 15. Total approved cost sharing (if applicable): N/A 5. Instrument type: Grant Cooperative agreement Loan Guarantee 16. Total federal award amount, including approved cost sharing: $347,790.00 6. Period of performance start and end date: 10/1/2024 - See Addendum 2 17. Budget approved by HUD: 7. Budget period start and end date: 10/1/2024 - See Addendum 2 18. Fiscal year: 2025 8. Initial Agreement Amendment # 19. Statutory authority: 42 U.S.C. 5301 et seq. 9. Indirect cost rate (per § 200.414): Recipients must complete Addendum 3: Indirect Cost Rate Schedule 20. Applicable appropriations act(s): Public Law 119-4 10. Is this award for research and development (per 2 C.F.R. § 200.1)? Yes No 21. Notice/notice of funding opportunity this award is made under (if applicable): N/A 11. Awarding official name and contact information: 22. Program regulations (if applicable): 24 C.F.R. Part 570 23. Federal award description: The CDBG program provides funding to eligible grantees for the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. • Addendum 1. Policy Requirements • Addendum 2. Program-Speciflc Requirements • Addendum 3. Indirect Cost Rate Schedule Authority and Agreement. This agreement between the U.S. Department of Housing and Urban Development (HUD) and the Recipient is made pursuant to the statutory authority above (box 19) and is subject to the applicable appropriations act(s) (box 20). This agreement incorporates by reference the Community Development Block Grant program statute 42 U.S.C. 5301 et seq., the program regulations at 24 C.F.R. § 570 (as now in effect and as may be 105 U.S. Department of Housing and Urban Development — Federal Award Agreement [14.218, 14.225, 14.228, CDBG, FY 2025] Page 2 of 8 amended from time to time), Recipient’s consolidated plan/action plan, the relevant funding notice (box 21), any attached Speciflc Terms and Conditions, and the attached addenda (box 23). B. Terms and Conditions 1. General terms and requirements. The Recipient must comply with all applicable federal laws, regulations, and requirements, unless otherwise provided through HUD’s formal waiver authorities. This agreement, including any attachments and addenda, may only be amended in writing executed by parties to this agreement and any addenda. 2. Administrative requirements. The Recipient must comply with the following requirement(s) if checked below: The administrative requirements in the HUD General Administrative, National, and Departmental Policy Requirements and Terms for HUD’s Financial Assistance Programs 2025, as indicated in the relevant NOFO, apply to this agreement. The grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Unique Entity Identifler (UEI); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 C.F.R. part 25, Universal Identifler and General Contractor Registration; and 2 C.F.R. part 170, Reporting Subaward and Executive Compensation Information. 3. Applicability of 2 C.F.R. part 200. The Recipient must comply with the applicable requirements at 2 C.F.R. part 200, as may be amended from time to time. If any previous or future amendments to 2 C.F.R. part 200 replace or renumber any part 200 section cited in HUD’s regulations in Title 24 of the Code of Federal Regulations, the amended part 200 requirements will govern award activities carried out after the amendments’ effective date. The Recipient must comply with the applicable requirements at 2 C.F.R. part 200. If any previous amendments to 2 C.F.R. part 200 replace or renumber any part 200 section cited in HUD’s regulations in Title 24 of the Code of Federal Regulations, the amended part 200 requirements will govern award activities carried out after the amendments’ effective date. 4. Future budget periods. If the period of performance spans multiple budget periods, subsequent budget periods are subject to the availability of funds, program authority, satisfactory performance, and compliance with the terms and conditions of the Federal award. 5. Indirect Cost Rate. If the Recipient intends to use a negotiated or de minimis rate for indirect costs, the Recipient must submit an Indirect Cost Rate form to HUD, either with its application using HUD-426 (competitive grants) or with this agreement using “Addendum #3 “Indirect Cost Rate Schedule” (formula and congressional grants). The submitted form/addendum will be incorporated into and made part of this agreement, provided that the rate information is consistent with the applicable requirements under 2 C.F.R. § 200.414. If there is any change in the Recipient’s indirect cost rate, it must immediately notify HUD and execute an amendment to this agreement to refiect the change if necessary. 6. Recipient integrity and performance matters. If the Federal share of this award is more than $500,000 over the period of performance (box 6), the terms and conditions in 2 C.F.R. part 200 Appendix XII apply to this agreement. 7. Recordkeeping and Access to Records. The Recipient hereby agrees to maintain complete and accurate books of account for this award and award activities in such a manner as to permit the preparation of statements and reports in accordance with HUD requirements, and to permit timely and effective audit. The Recipient agrees to furnish HUD such flnancial and project reports, records, statements, subrecipient data, and documents at such times, in such form, and accompanied by such reporting data as required by HUD. HUD and its duly authorized representative shall have full and free access to all Recipient offices and facilities, and to all books, documents, and records of the Recipient relevant to the administration, receipt, and use of this award and award activities, including the right to audit and make copies. The Recipient agrees to maintain records that identify the source and application of funds, including relevant subrecipient data, in 106 U.S. Department of Housing and Urban Development — Federal Award Agreement [14.218, 14.225, 14.228, CDBG, FY 2025] Page 3 of 8 such a manner as to allow HUD to determine that all funds are and have been expended in accordance with program requirements and in a manner consistent with applicable law. Further, the Recipient hereby acknowledges that HUD is in the process of implementing new grants management and reporting tools, which will be made available for the Recipient’s use in the future. The Recipient agrees to report on grant performance and flnancial activities (including vendor and cash disbursement supporting details for the Recipient and its subrecipients) using these new tools when they are released. HUD will work with the Recipient to support the Recipient’s transition to this new reporting environment. Once implemented, timely reporting in this new environment will be mandatory. HUD reserves the right to exercise all of its available rights and remedies for any noncompliance with these grants management and flnancial reporting requirements, to include, without limitation, requiring 100% review, suspension of disbursements, and all other legally available remedies, to the furthest extent permitted by law, as amended. 8. Noncompliance. If the Recipient fails to comply with the provisions of this agreement, HUD may take one or more of the actions provided in program statutes, regulations or 2 C.F.R. § 200.339, as applicable. Nothing in this agreement shall limit any remedies otherwise available to HUD in the case of noncompliance by the Recipient. No delay or omissions by HUD in exercising any right or remedy available to it under this agreement shall impair any such right or remedy or constitute a waiver of or acquiescence in any Recipient noncompliance. 9. Termination provisions. Unless superseded by program statutes, regulations or NOFOs, the termination provisions in 2 C.F.R. § 200.340 apply. 10. Build America, Buy America. The Recipient must comply with the requirements of the Build America, Buy America (BABA) Act, 41 U.S.C. § 8301 note, and all applicable rules and notices, as may be amended, if applicable. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 Fed. Reg. 17001), BABA requirements apply to any infrastructure projects HUD has obligated funds for after the effective dates, unless excepted by a waiver. 11. Waste, Fraud, Abuse, and Whistleblower Protections. Any person who becomes aware of the existence or apparent existence of fraud, waste, or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD’s Office of Inspector General (OIG). Allegations of fraud, waste, and abuse related to HUD programs can be reported to the HUD OIG hotline via phone at 1-800-347-3735 or online hotline form. The Recipient must comply with 41 U.S.C. § 4712, which includes informing employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a government contractor, subcontractor, recipient, and subrecipient—as well as a personal services contractor—who make a protected disclosure about a Federal award or contract cannot be discharged, demoted, or otherwise discriminated against if they reasonably believe the information they disclose is evidence of (1) gross mismanagement of a Federal contract or award; (2) waste of Federal funds; (3) abuse of authority relating to a Federal contract or award; (4) substantial and speciflc danger to public health and safety; or (5) violations of law, rule, or regulation related to a Federal contract or award. 12. Third-Party Claims. Nothing in this agreement shall be construed as creating or justifying any claim against the federal government or the Recipient by any third party. 13. Rule of Construction and No Construction Against Drafter. Notwithstanding anything contained in this agreement, the terms and conditions hereof are to be construed to have full and expansive effect in both interpretation and application, and the parties agree that the principle of interpretation that holds that ambiguities in terms or conditions are construed against the drafter shall not apply in interpreting this agreement. C. Federal Award Performance Goals The Recipient must meet any applicable performance goals, indicators, targets, and baseline data as required by applicable program requirements. 107 U.S. Department of Housing and Urban Development — Federal Award Agreement [14.218, 14.225, 14.228, CDBG, FY 2025] Page 4 of 8 D. Specific Terms and Conditions Not applicable Attached For the U.S. Department of HUD (name and title of authorized official) Signature Date For the Recipient (name and title of authorized official) Signature Date 108 U.S. Department of Housing and Urban Development — Federal Award Agreement [14.218, 14.225, 14.228, CDBG, FY 2025] Page 5 of 8 ADDENDUM 1. POLICY REQUIREMENTS If applicable: 1. The Recipient shall not use grant funds to promote “gender ideology,” as deflned in Executive Order (E.O.) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government; 2. The Recipient agrees that its compliance in all respects with all applicable Federal anti- discrimination laws is material to the U.S. Government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; 3. The Recipient certifles that it does not operate any programs that violate any applicable Federal anti-discrimination laws, including Title VI of the Civil Rights Act of 1964; 4. The Recipient shall not use any grant funds to fund or promote elective abortions, as required by E.O. 14182, Enforcing the Hyde Amendment; and that, 5. Notwithstanding anything in the NOFO or Application, this Grant shall not be governed by Executive Orders revoked by E.O. 14154, including E.O. 14008, or NOFO requirements implementing Executive Orders that have been revoked. 6. The Recipient must administer its grant in accordance with all applicable immigration restrictions and requirements, including the eligibility and veriflcation requirements that apply under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended (8 U.S.C. 1601-1646) (PRWORA) and any applicable requirements that HUD, the Attorney General, or the U.S. Citizenship and Immigration Services may establish from time to time to comply with PRWORA, Executive Order 14218, or other Executive Orders or immigration laws. 7. No state or unit of general local government that receives funding under this grant may use that funding in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or shields illegal aliens from deportation, including by maintaining policies or practices that materially impede enforcement of federal immigration statutes and regulations. 8. The Recipient must use SAVE, or an equivalent veriflcation system approved by the Federal government, to prevent any Federal public beneflt from being provided to an ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States. 9. Faith-based organizations may be subrecipients for funds on the same basis as any other organization. Recipients may not, in the selection of subrecipients, discriminate against an organization based on the organization’s religious character, affiliation, or exercise. 109 U.S. Department of Housing and Urban Development — Federal Award Agreement [14.218, 14.225, 14.228, CDBG, FY 2025] Page 6 of 8 ADDENDUM 2. PROGRAM-SPECIFIC REQUIREMENTS Assistance Listing 14.218, Community Development Block Grant Program for Entitlement Communities Assistance Listing 14.225, Community Development Block Grant Program for Insular Areas Assistance Listing 14.228, Community Development Block Grant Program for States and Non- Entitlement Grants in Hawaii 1. Environmental Review. The Recipient agrees to assume all the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to section 104(g) of title I of the Housing and Community Development Act of 1974 and published in 24 C.F.R. part 58; except that if the Recipient is a state, the Recipient must require the unit of general local government to assume that responsibility and must comply with the state's responsibilities under 24 C.F.R. 58.4. 2. Public Use. The Recipient shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily beneflts private entities. Any use of funds for mass transit, railroad, airport, seaport, or highway projects as well as utility projects that beneflt or serve the general public (including energy-, communication-, water-, and wastewater- related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfleld as deflned in the Small Business Liability Relief and Brownflelds Revitalization Act (Pub. Law No. 107–118) shall be considered a public use for purposes of eminent domain. 3. Prohibition on Selling, Trading, and Transferring Funds. The Recipient or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Housing and Community Development Act of 1974. 4. Construction of Water and Sewer Facilities. Notwithstanding any other provision of this agreement, the Recipient may not obligate or expend award funds to plan or construct water or sewer facilities, including any new or revised activities, until after 1) it completes the review procedures required under Executive Order 12372, Intergovernmental Review of Federal Programs, and 24 C.F.R. part 52 and 2) HUD provides written notice of the release of funds. 5. Funds for For-Profit Entities. Under 42 U.S.C. § 5305(a)(17), CDBG funds may not be provided to a for-proflt entity unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 C.F.R. § 570, Guidelines and Objectives for Evaluating Project Costs and Financial Requirements. 6. Violence Against Women Act. The Recipient will comply with the right to report crime and emergencies protections at 34 U.S.C. § 12495 of the Violence Against Women Act. 110 U.S. Department of Housing and Urban Development — Federal Award Agreement [14.218, 14.225, 14.228, CDBG, FY 2025] Page 7 of 8 7. Funding Information and Period of Performance and Budget Period End Dates Source of Funds Amount Period of Performance End Date Budget Period End Date 2025 $347,790.00 9/30/2033 9/30/2033 111 U.S. Department of Housing and Urban Development — Federal Award Agreement [14.218, 14.225, 14.228, CDBG, FY 2025] Page 8 of 8 ADDENDUM 3. INDIRECT COST RATE SCHEDULE As the duly authorized representative of the Recipient, I certify that the Recipient: ☐ Will not use an indirect cost rate to calculate and charge indirect costs under the grant. ☐ Will calculate and charge indirect costs under the grant by applying a de minimis rate as provided by 2 C.F.R. § 200.414(f), as may be amended from time to time. ☐ Will calculate and charge indirect costs under the grant using the indirect cost rate(s) listed below, and each rate listed is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 C.F.R. part 200 and, if required, was approved by the cognizant agency for indirect costs. Instructions for the Recipient: The Recipient must mark the one (and only one) checkbox above that best refiects how the Recipient’s indirect costs will be calculated and charged under the grant. Do not include indirect cost rate information for subrecipients. The table following the third box must be completed only if that box is checked. When listing a rate in the table, enter both the percentage amount (e.g., 10%) and the type of direct cost base to be used. For example, if the direct cost base used for calculating indirect costs is Modifled Total Direct Costs, then enter “MTDC” in the “Type of Direct Cost Base” column. If using the Simplifled Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the flrst row of the table. If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. If the Recipient is a government and more than one agency or department will carry out activities under the grant, enter each agency or department that will carry out activities under the grant, the indirect cost rate(s) for that agency or department, and the type of direct cost base to which each rate will be applied. To learn more about the indirect cost requirements, see 2 C.F.R. part 200, subpart E and Appendix VII to Part 200 (for state and local governments). Agency/department/major function Indirect cost rate Type of Direct Cost Base % % % 112 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 Hidden Creek Minor Subdivision Preliminary Plat Application to Subdivide One Lot into Four Lots for Civic and Residential Uses; t he Subdivision is Proposed on a 9.82 Acre Tract and is Zoned R-4 (Residential High Density District), Currently Addressed at 1221 West Durston Road, t he Purpose of this Subdivision Application is to Facilitate a Future Affordable Housing Development on the Northern Portion of the County Owned Tract, Application 24533 (Quasi-Judicial) MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 24533 and move to approve the subdivision with conditions and subject to all applicable code provisions. 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 Department of Community Development received a Preliminary Plat Application on October 10, 2024 requesting to subdivide 9.82 acres to create two lots. One lot would contain the existing Gallatin County Rest Home, and a new northern lot would be created to facilitate an affordable housing project. On April 11, 2025 the applicant requested the application be revised to a 4-lot minor subdivision. With this revision, the originally planned northern lot was proposed to be further divided into 3 buildable lots with associated easements and right-of-way. The subject property is zoned R-4 (Residential High Density District). The proposed land use for the subdivision is multi-household (multi-family) 113 residential. Lot 1 is intended for multi-household residential and currently proposed as the Hidden Creek affordable housing project under Site Plan (SP) Application 25084. Lot 2 is proposed to remain as the Gallatin County Rest Home. Lots 3 and 4 are shown as future phases. Lots 3, and 4 will be subject to further plan review and are currently proposed to be set aside for a community center and Community Land Trust homes. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development. Preapplication review was completed on March 8, 2024. BMC 38.220.060.A requires documentation of compliance with adopted standards unless waivers have been granted during the pre-application process. Waivers were granted during pre-application review from documentation of compliance with adopted standards per BMC 38.220.060A.1-19 from the following code sections: Surface water A.1, Floodplains A.2, Agriculture A.7, Parks and recreation facilities A.14, Neighborhood Center Plan A.15, Lighting plan A.16, Miscellaneous (public lands, hazards, WUI) A.17, and Affordable housing A.18. A summary of the review of required compliance with adopted standards can be found in the staff report. On August 25, 2025 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in the staff report. The subdivider did not request any variances with this application. Please see the staff report for analysis of the review criteria. The City scheduled public notice for this application to begin on August 25, 2025. The applicant posted public notice on the subject property on August 22, 2025. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on August 21, 2025. No public comment had been received on this application as of the writing of this report. The public notice contained two public meeting dates Planning Board at Community Development Board (CDB) on Monday September 15, 2025, and the City Commission decision on Tuesday October 7, 2025. Staff was notified the week prior to the scheduled September 15, 2025 CDB meeting that the meeting would be cancelled due to a lack of quorum. The City Clerk published the cancellation notice on the September 15th agenda notifying the public that all items noticed for September 15 will have their meeting continued to October 6, 2025. Because of this schedule change, staff cannot as of the writing of this report offer an update and summary of the actions and recommendations of the Community Development Board. The Board will consider the application at their future October 6, 2025 meeting. Staff will update the City Commission on October 7, 2025 if approval was not recommended and any public comment that was provided prior to or at the CDB meeting. This subdivision meets the criteria for review under 76-3-616 Montana Code Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts 114 this subdivision from the public hearing requirement. Per BMC 38.240.100 the final decision for this preliminary plat must be made within 35 working days from sufficiency, or by October 15, 2025. Application materials can be found in the below links for the City's online document repository: Application Documents Application Drawings The application documents folder will contain the application narrative, a zoning departure request, street design, land use, phased improvements, correspondence with agricultural water users, draft agreements and easements, as well as documentation to demonstrate compliance with Chapter 38 including compliance with adopted standards required in BMC 38.220.060 where waivers were not granted. The application drawings folder will contain the draft preliminary plat. UNRESOLVED ISSUES:None ALTERNATIVES:As recommended by the City Commission 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. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. Attachments: 24533 Staff Report.pdf Report compiled on: September 25, 2025 115 24533 Hidden Creek Subdivision Page 1 of 34 24533 Hidden Creek Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting will be held - Monday, October 6, 2025 at 6:00 pm. City Commission meeting will be held Tuesday, October 7, 2025 at 6:00 pm Project Description: A preliminary plat requesting to subdivide one lot into four lots zoned R-4 for civic and residential uses. The subdivision is proposed on a 9.82 acre tract, and is bound to the south by Durston Road, to the north by Juniper Street, to the west by Walton Homestead Subdivision, and to the east by unannexed land zoned by Gallatin County. The purpose of this subdivision application is to facilitate a future affordable housing development on the northern portion of the County owned tract. The southern portion of the county owned tract is proposed to remain used as a rest home. Project Location: Tract B Certificate of Survey No. 2439, Located in the South 1/4 of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Current Address 1221 W. Durston Road, South of Juniper Street, North of Durston Road, West of North 7th Avenue, East of Matheson Way. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended Planning Board Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 24533 and move for the Community Development Board in its capacity as the Planning Board to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 24533 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: September 29, 2025 Staff Contact: Danielle Garber, Senior Planner Cody Flammond, Project Engineer Agenda Item Type: Consent (Quasi-judicial) 116 24533 Staff Report for Hidden Creek Subdivision Page 2 of 34 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive for Application 24533 and may be accessed through the Community Development viewer. Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application on October 10, 2024 requesting to subdivide 9.82 acres to create two lots. One lot would contain the existing Gallatin County Rest Home, and a new northern lot would be created to facilitate an affordable housing project. On April 11, 2025 the applicant requested the application be revised to a 4-lot minor subdivision. With this revision, the originally planned northern lot was proposed to be further divided into 3 buildable lots with associated easements and right-of-way. Conditions of approval, code provisions, and findings for this 4-lot minor subdivision are contained in this report. The subject property is zoned R-4 (Residential High Density District). The proposed land use for the subdivision is multi-household (multi-family) residential. Lot 1 is intended for multi-household residential and currently proposed as the Hidden Creek affordable housing project under Site Plan (SP) Application 25084. Lot 2 is proposed to remain as the Gallatin County Rest Home. Lots 3 and 4 are shown as future phases. Lots 3, and 4 will be subject to further plan review and are currently proposed to be set aside for a community center and Community Land Trust homes, see application submittal Document 032 for proposed land uses. Exhibit 4 below shows proposed uses for Lot 1, and the locations of lots 3 and 4. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development. No city parks are currently proposed within the proposed subdivision. Directly to the north of the subject property is a dedicated public park that was platted as a part of the Oak Meadows subdivision. Another public park is located one block to the northwest called Walton Homestead Park. Lot 1 is exempt from parkland review during subdivision review per BMC 38.420.020.B.1 for lots greater than 5-acres. Required parkland or cash-in-lieu of parkland (CILP) must be reviewed with the subsequent site plan application for Lot 1. The applicant is required to address required parkland for lots 3 and 4 with this subdivision application and has proposed to provide CILP for lots 3 and 4 for residential developments of unknown density. The applicant has agreed to provide a non-financial guarantee for required infrastructure with this subdivision per BMC 38.270.080.B. With site plan Application 25084, the applicant has proposed to extend Oak Park Drive to the south and install public utilities. Right-of-way (ROW) width constraints exist for the extension of Oak Park Drive into the subject property due to the adjacent unannexed land to the east. The Director of Transportation and Engineering determined 117 24533 Staff Report for Hidden Creek Subdivision Page 3 of 34 that given the inability of the applicant to acquire a street and utility easement from the neighboring property for half of the full Oak Park Drive right-of-way, a half street on the applicant's property will be adequate for the proposed land use. Working with City staff the applicant created a compliant City half-street section and 33-foot easement that will be able to be expanded to a full section when the adjacent property to the east develops. This proposal is outlined under Document 008 – Streets, Roads, and Grades. The applicant has requested concurrent construction. All improvements must be installed prior to the issuance of a building permit for any lot within a subdivision, except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in subsection D of BMC 38.270.030. Subsection D allows lots subject to site plan review to commence with vertical construction prior to installation of required infrastructure with concurrent construction approval. A concurrent construction request for construction of infrastructure and vertical construction of Site Plan 25084 will allow the applicant to complete infrastructure required to serve the proposed subdivision alongside on-site construction of the apartments. This concurrent construction plan was found to be sufficient by the Fire Department and staff. A gravel emergency access is proposed at the southern end of the future Oak Park Drive ROW from the rest home lot to facilitate secondary fire access from Durston Road. Final infrastructure review and approval and code provisions related to concurrent construction of infrastructure are located in Section 4 below. Exhibits 5-8 below show the proposed design of Oak Park Drive, as well as two pedestrian paths to be constructed east-west through the proposed subdivision to meet block length standards, and north-south through the rest home lot to connect residents to Durston Road and nearby sidewalks and schools. In addition, the development will extend a City water main from Juniper Street to the dead-end water main on the rest home property, effectively looping the water distribution network through the development. A ditch identified as an agricultural water users ditch runs along the east property line of the subject property. Document 027 contains a letter from Dan Triemstra, Secretary of the Farmers Canal Company, discussing the history of the ditch and that there are no longer means of diverting water to the ditch dated November 21, 2024. Per an email from Triemstra dated July 29, 2024 “The responsibility for maintaining laterals of Farmers Canal rests with the ditch users of each individual ditch.” Since ditch users are the only individuals that can declare a ditch abandoned, the applicant was instructed to work with the sole Agricultural Water User, Maxey Limited Partnership, to discuss removal or relocation of the ditch. An agreement between Maxey Limited Partnership and United Housing Partners or UHP (the site developer) is included in Document 27. This agreement allows the ditch to be moved further east to facilitate the construction of Oak Park Drive. Further discussion can be found in the staff analysis section for Agricultural Water User Facilities. Also see code provision 15 below for agricultural water user easement requirements. This subdivision application includes a departure request from BMC 38.320.030.A which provides a maximum lot area in R-4 of 2.5 acres. Lot 1 is proposed as 5.17 acres. Note 3 in this 118 24533 Staff Report for Hidden Creek Subdivision Page 4 of 34 code section states, “Departures from the maximum lot size requirements may be allowed where the planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives.” Staff supports approval of this departure due to the applicant’s proposed pedestrian path and roadway extensions and compatible residential development. The applicant’s departure narrative may be found under Document 004. On August 25, 2025 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any variances with this application. Waivers were granted during pre-application review from documentation of compliance with adopted standards per BMC 38.220.060A.1-19 from the following code sections: Surface water A.1, Floodplains A.2, Agriculture A.7, Parks and recreation facilities A.14, Neighborhood Center Plan A.15, Lighting plan A.16, Miscellaneous (public lands, hazards, WUI) A.17, and Affordable housing A.18. The City did not receive any written public comment on the application as of the writing of this report. The final decision for this preliminary plat must be made by October 15, 2025 or 35 working days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt subdivisions. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 119 24533 Staff Report for Hidden Creek Subdivision Page 5 of 34 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues. .............................................................................................................. 2 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 4 SECTION 1 – MAP SERIES .......................................................................................................... 6 SECTION 2 – REQUESTED VARIANCES ............................................................................... 14 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 14 SECTION 4 – CODE REQUIREMENTS .................................................................................... 16 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 22 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 22 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 22 Documentation of compliance with adopted standards 38.220.060 ................................. 28 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 31 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 33 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 33 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 33 FISCAL EFFECTS ....................................................................................................................... 34 ATTACHMENTS ......................................................................................................................... 34 120 24533 Staff Report for Hidden Creek Subdivision Page 6 of 34 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 121 24533 Staff Report for Hidden Creek Subdivision Page 7 of 34 Exhibit 2 – Future Land Use Map 122 24533 Hidden Creek Subdivision Page 8 of 34 Exhibit 3 – Preliminary Plat (see full plat in file) 123 24533 Staff Report for Hidden Creek Subdivision Page 9 of 34 Exhibit 4 – Phasing Exhibit – North Lots 124 24533 Staff Report for Hidden Creek Subdivision Page 10 of 34 Exhibit 5 – Roadway and Pedestrian Path Exhibit 125 24533 Staff Report for Hidden Creek Subdivision Page 11 of 34 Exhibit 6 – Oak Park Drive Exhibit – North 126 24533 Staff Report for Hidden Creek Subdivision Page 12 of 34 Exhibit 7 – Oak Park Drive Exhibit – South 127 24533 Staff Report for Hidden Creek Subdivision Page 13 of 34 Exhibit 8 – Oak Park Drive Section 128 24533 Hidden Creek Subdivision Page 14 of 34 SECTION 2 – REQUESTED VARIANCES No variances are requested with this application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include one (1) signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorders office has elected to continue the existing medium requirements of 1 mylar with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. Section 38.270.080.B BMC allows a variety of means of providing for the security of improvements agreements, ensuring adequate maintenance of required improvements, coordinating the timing of development, and ensuring compliance with conditions of approval. The code allows both financial and non-financial securities to ensure installation and maintenance of required infrastructure. The method, terms, and amount of security must be acceptable to the city. The applicant has indicated in the application materials the preference to use nonfinancial securities to ensure completion of required infrastructure. To exercise this option with the final plat review, the following documents are required to be provided prior to final plat approval: a. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by recording of a special restrictive covenant or deed restriction which may only be released by written agreement of the City. An Improvements Agreement listing all of the deferred infrastructure and securing installation with a non-financial guarantee of a deed restriction must be executed by both the 129 24533 Staff Report for Hidden Creek Subdivision Page 15 of 34 subdivider and subsequent owner(s)/developer(s). The city will provide a written document to the landowner releasing the security upon full completion and acceptance of the public improvements or execution of a subsequent Improvements Agreement secured with a financial guarantee for any improvements the City deems appropriate. b. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of withholding a certificate of occupancy until all required infrastructure improvements identified in the improvements agreement are accepted by the City or a subsequent improvements agreement with a financial security is executed ensuring installation. c. A deed restriction restricting the issuance of a certificate of occupancy of any building on all lots in the subdivision must be recorded. The deed restriction will require the current property owner and all known prospective owners to expressly acknowledge and consent that the City will withhold issuance of a certificate of occupancy for any building on all lots in the subdivision until all required infrastructure is completed and accepted by the City or its installation is subsequently guaranteed with a new Improvements Agreement and financial guarantee satisfactory to the City. d. A deed restriction restricting the issuance of building permits must be recorded for lots 3 and 4 detailing requirements for specific infrastructure completion and acceptance prior to building permit issuance. The deed restriction will require the current property owner and all known prospective owners to expressly acknowledge and consent that the City will withhold issuance of building permits for lots 3 and 4 until required infrastructure is completed and accepted by the City or installation is subsequently guaranteed with a new Improvements Agreement and financial guarantee satisfactory to the City. e. A separate deed restriction restricting the issuance of building permits must be recorded for lots 3 and 4 detailing the requirements for payment of cash-in-lieu of parkland dedication with subsequent site development. The deed restriction will require the current property owner and all known prospective owners to expressly acknowledge and consent that the City will withhold issuance of building permits for lots 3 and 4 until payment of cash-in-lieu of parkland dedication is satisfied. f. A note must be included on the plat referencing each deed restriction and the lot(s) to which each applies. g. A Certificate of Completion of Public Improvements must be added to the final plat that matches the language found in Sec. 38.240.450 BMC and must contain a list of all non-financially guaranteed improvements. 130 24533 Staff Report for Hidden Creek Subdivision Page 16 of 34 4. Lots 3 and 4 may defer payment of required cash-in-lieu of parkland (CILP) dedication at the time of final plat application. CILP value listed on the final plat must include a note that CILP value is an estimate and that final CILP values will use the valuation in effect at the time an application for final plan approval on Lot 3 or 4 is complete. 5. If CILP payment is deferred at time of final plat application, CILP for Lot 3 and 4 must be paid with subsequent site plan application and development. SECTION 4 – CODE REQUIREMENTS 1. BMC 38.100.050 and 38.100.070 – General Provisions. Prior to final plat approval, the applicant must provide and file with the County Clerk and Recorder's office new executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard form for the following: a. Street improvements to Juniper Street between 15th Avenue and 12th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to 12th Avenue between Juniper Street and Oak Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to 14th Avenue between Juniper Street and Oak Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at 15th Avenue and Juniper Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at 14th Avenue and Oak Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage f. Intersection improvements at 12th Avenue and Oak Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the new filed SID waiver prior to final plat approval. 2. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. Sec. 38.220.070.A.3 – Noxious Weeds. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to 131 24533 Staff Report for Hidden Creek Subdivision Page 17 of 34 final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. 4. Sec. 38.220.070.A.8. – Conditions of Approval Sheet. A sheet(s) of the plat depicting conformance with subdivision application approval must be submitted as set forth in 24.183.1107 ARM as may be amended and as required by the county clerk and recorder, and must include the following: a. List all easements and recorded document numbers on the Conditions of Approval Sheet, including existing easements and recorded documents and spaces to write in proposed easements and recorded documents. b. The Conditions of Approval Sheet shall contain the following, "The maintenance of all storm water facilities outside the public right-of-way is the responsibility of the property owners as defined in the Shared Stormwater Easement and Agreement.” 5. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the certificates on the final plat must follow the language in the corresponding certificates in this code section. In addition to any other applicable certificates contained in these code sections the final plat must contain: a. Sec. 38.240.450.A – Certificate of Completion of Public Improvements. Where improvements are to be installed prior to final plat approval, the final plat subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements, financially guaranteed improvements, and non-financially guaranteed improvements. This certificate will apply to all public infrastructure. b. Sec. 38.240.520 – Certificate of Completion of Non-Public Improvements. Where non-public improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of non-public improvements. The certificate must list all completed improvements, financially guaranteed improvements, and non-financially guaranteed improvements. This certificate will apply to all private infrastructure including the public access walkway running east-west through the subdivision, and the public access walkway running south to Durston from the subdivision. 6. Sec. 38.270.030.B & Sec. 38.270.030.D – Concurrent Construction. All improvements must be installed prior to the issuance of a building permit for any lot within a subdivision, except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in subsection D of this section. Concurrent construction approval is required prior to final plat approval. a. The following improvements must be installed to support the subdivision: The street extension of Oak Park Drive, a water main extension from the main extension on the rest home property to Juniper Street, a pedestrian pathway from Durston Road to Juniper Street, and improvements to Juniper Street to bring it up to City standards, a Sidewalk along Juniper Street from the intersection with 14th 132 24533 Staff Report for Hidden Creek Subdivision Page 18 of 34 Ave to intersection with Oak Park Drive, Stormwater inlet and infiltration facility at Juniper Street and Oak Park Drive intersection, a Street light at Juniper Street and Oak Park Drive intersection, and a Type B crosswalk striping at Oak Park Drive and Juniper Street intersection. Prior to final plat approval, the applicant must enter into an improvements agreement guaranteeing the completion of the required improvements. b. Sec. 38.270.030.D.2 - The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount will be determined by the city and in an amount not less than 150 percent of the cost of the improvements verified against city publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The security must be in the name of the city and must be at least six months longer than the time of performance required by the improvements agreement. If a nonfinancial security is to be used, see Condition of Approval 4 above. c. Sec. 38.270.030.D.4 - Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the engineering department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development. d. Sec. 38.270.030.D.6 - The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy must name the city as an additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof. e. Sec. 38.270.030.D.11 - The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. 7. Sec. 38.270.030 – Concurrent Construction. The applicant has proposed to make stormwater improvements to the Gallatin County Rest Home property to keep flows from the parking lot from draining to the northern lots. The applicant must complete these improvements prior to final plat approval. 8. Sec. 38.270.090 – Development of Maintenance of Common Areas and Facilities by Developer and Property Owners’ Association. The subdivisions stormwater maintenance plan must include the following. 133 24533 Staff Report for Hidden Creek Subdivision Page 19 of 34 a. Include the following statement "The property owners shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way as defined in the Shared Stormwater Easement and Agreement." b. The applicant must include the shared stormwater easement and agreement within the development’s stormwater maintenance plan. 9. Sec. 38.320.030.C – Form and Intensity Standards-Residential Districts. The location of the proposed new property line is shown as crossing through an existing accessory structure (identified as a shop on the plat) and an existing parking lot. In order to meet zoning standards for the new subdivision the shop structure and the parking areas not meeting required setbacks are required to be removed prior to final plat approval. An exhibit confirming removal of these features is required with the final plat submittal. 10. Sec. 38.400.020 – Streets. Prior to final plat approval, the applicant must provide the street and utility easement for Oak Park Drive. a. Sec. 38.400.020.A.2 - Prior to final plat approval, the applicant must provide all the final approved items required in BMC 38.400.020.A.2 for the proposed privately maintained streets. 11. Sec. 38.400.040.A.2 – Street Names. Street names must be reviewed and approved by the County's geographic information systems and City Engineering Department prior to final plat approval. The applicant must submit written approval from both entities with the final plat application. 12. Sec. 38.400.070 – Street Lighting. Subdivision lighting special improvement lighting district (SILD) information shall be submitted to the City and the district formed after preliminary plat approval in hard copy and digital form in accordance with the City of Bozeman Lighting and Electrical Specifications. The approval to create or annex to an existing SILD must be granted prior to occupancy of any building in the subdivision. 13. Sec. 38.410.040 – Blocks. All pedestrian access easements used to mitigate block length must be developed with walkways prior to final plat approval or be included in an improvements agreement prior to final plat approval. Pedestrian walks must be constructed as a city standard sidewalk and comply with the provisions of section 38.400.080. 14. Sec. 38.410.060 - Easements. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates. a. The final plat must provide all necessary utility easements, and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. b. The applicant must provide a front setback utility easement along Juniper Street, Oak Park Drive, and Durston Road prior to final plat. c. Prior to final plat approval, the applicant must provide a 10-foot pedestrian access easement for the sidewalk connecting the Oak Park drive right-of-way to Durston Road. 134 24533 Staff Report for Hidden Creek Subdivision Page 20 of 34 d. Prior to final plat approval, the applicant must provide the 10-foot pedestrian access easement for the proposed east-west pathway. e. Prior to final plat approval, the applicant must provide the water and sewer easements for the existing and proposed water and sewer mains. f. Prior to final plat, the applicant must provide a public drainage easement for all stormwater facilities located on private property that accept drainage from the public right-of-way. 15. Sec. 38.410.060 – Easements For Agricultural Water User Facilities. The applicant has proposed to move a portion of the existing irrigation ditch from its current location on the property border of the subject property and the adjacent property approximately seven feet to the east, which will relocate the ditch on the adjacent Maxey Limited Partnership property. Pursuant to 38.410.060.D.1.a.(2), a water user facility easement must provide a minimum easement width of ten feet on each side of irrigation canals and ditches. Additionally, the applicant has proposed to locate Oak Park Drive over the top of the ditch and ditch easement, which does not comply with the requirement of 38.410.060.D.1.c, which generally prohibits the placement of structures or the planting of vegetation other than grass within the agricultural water user facility easement and would result in overlapping easements for the required right-of-way and the water user facility. The applicant has identified one impacted water user, Maxey Limited Partnership, claiming a water right from the existing ditch. Maxey Limited Partnership owns the adjacent land on which the relocated ditch and associated easement are proposed to be located. The following items are required to comply with section 38.410.060.D: a. On the final plat application, the applicant must comply with 38.410.060.A.1 by describing, dimensioning, and showing, the true and correct location of all easements, including the water user facility and its associated easement. b. Prior to final plat approval, the applicant must provide to the City written approval from the impacted water user and adjacent property owner for the relocation of the ditch to the east in a manner that ensures the ditch and accompanying maintenance easement do not overlap with the right-of-way for Oak Park Drive, providing consent to the encroachment or impairment of the ditch as required by MCA 70-17-112(3), and the recordation of a ditch easement encumbering the adjacent property. Relocation of the ditch should also avoid overlap with any other easement or required infrastructure, including the gravel emergency only access and the pedestrian access easement. If overlap of the ditch easement with the gravel emergency only access and the pedestrian access easement is unavoidable due to necessary ditch and maintenance easement location, prior to final plat approval, the applicant must provide the City with an executed agreement with the adjacent property owner that grants permission for any encroachment into the water user facility easement and must clearly demonstrate that the Maxey Limited Partnership understands and accepts that backfill and grading changes associated with moving the irrigation ditch and construction of infrastructure, including Oak Park Drive, the emergency access, and pedestrian facilities, will take place on their property c. Prior to final plat approval, the applicant must provide to the City a water user facility easement encumbering the adjacent property for the benefit of all who hold a water right conveyed by the ditch and executed by all owners of the 135 24533 Staff Report for Hidden Creek Subdivision Page 21 of 34 adjacent property. The easement must be acceptable to the Bozeman City Attorney, include all notices to future owners required by 38.410.060.D.6, and must be recorded simultaneously with the final plat. The easement must be prepared as a document separate from the final plat, but may be referenced on the final plat. d. Prior to final plat approval, the developer’s professional engineer must certify that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to the realignment or relocation of the ditch, pursuant to 38.410.060.D.3. e. The applicant is advised that as an alternative to providing the documents required by code provision 15.a-d described above, the applicant may provide the City with evidence that the water user facility and associated “easements have been extinguished pursuant to state law, or the holder of the easement consents in writing to the extinguishment, or the easement is not required per subsection D.2” in which case the developer may remove ditch laterals from within the subdivision, as provided in BMC section 38.410.060.D.5. 16. Sec. 38.410.080.D – Grading and Drainage. The applicant is proposing multiple lots under separate ownership that will discharge to shared stormwater retention facilities. Pursuant to BMC 38.200.010.D.11. The City engineer will grant an exception to the development to utilize a shared stormwater easement and agreement instead of a separate private lot for stormwater management. Prior to final plat approval, the applicant must provide a copy of the recorded Shared Stormwater Easement and Agreement (Agreement) that has been approved by the City. a. The shared stormwater easement and agreement must include adequate details summarizing maintenance requirements, associated costs, access to the facilities, and other necessary provisions as outlined in 38.220.320. 17. Sec. 38.410.130 - Water Adequacy. The City Water adequacy code must be satisfied at the final plat approval. The applicant has indicated they intend to pay cash-in-lieu of water with future development to satisfy the code. Water adequacy code requirements may be deferred until future development. A note must be included on the plat to notify future owners of the restriction pursuant to 38.410.130.C and approved by Staff prior final plat approval. 18. Sec. 38.420.020 – Park area requirements, Sec. 38.420.030 – Cash donation in-lieu of land dedication. a. Sec. 38.420.020.A.2.a.(2) – Lots 3 and 4 are subject to parkland dedication requirements for an area equal to that required for eight dwelling units at the time of preliminary plat. Subsequent development of Lots 3 and 4 may require additional cash-in-lieu pursuant to section 38.420.020.A.2.b. b. Sec. 38.420.020.B.1 – Lot 1 is larger than 5 acres and exempt from parkland dedication at time of preliminary plat. Development of Lot 1 may require parkland dedication pursuant to section 38.420.020.C. c. Sec. 38.420.030.C – The valuation used for calculating the CILP amount due will be the valuation in effect at the time an application for final plat or final plan approval is complete. The applicant must update the parkland tracking table to 136 24533 Staff Report for Hidden Creek Subdivision Page 22 of 34 reflect the appraisal value in effect at the time of final plat application or final plan. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on August 25, 2025. Planning Board meeting will be held - Monday, October 6, 2025 at 6:00 pm. City Commission meeting will be held Tuesday, October 7, 2025 at 6:00 pm SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 137 24533 Staff Report for Hidden Creek Subdivision Page 23 of 34 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public hearings were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. Review of this subdivision was conducted under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on October 10, 2024. The DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on January 23, 2025, March 14, 2025, May 7, 2025, and July l9, 2025, With each submittal, the DRC determined the application was still not sufficient for continued review. A revised application was received on August 13, 2025. The DRC determined the application was adequate for continued review August 25, 2025 and recommended conditions of approval and the code corrections for the staff report. The applicant posted public notice on the subject property on August 22, 2025. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on August 21, 2025. No public comment had been received on this application as of the writing of this report. On September 29, 2025 a major subdivision staff report for a subsequent minor subdivision was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board and City Commission. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy (DSSP) and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/sewer – Document 028 contains the preliminary analysis for water adequacy, water and sewer main availability, proposed easements, and demand calculations for water systems improvements in the proposed subdivision, stamped by a professional engineer licensed in the 138 24533 Staff Report for Hidden Creek Subdivision Page 24 of 34 State of Montana. This information was reviewed by the Engineering Division for compliance with state and local Public Works Standard Specifications, the City’s design standards, the City of Bozeman Water Facility Plan, and the City of Bozeman Fire Service Line Standard and found to meet with code provisions the City’s review requirements at the preliminary level. With the concurrent construction and improvements agreement proposal in the application, further review of infrastructure will commence during subsequent review of the proposed site plan application. Per the submittal “There is an existing 8” ductile iron watermain that extends north from Durston and ends in the Gallatin County Rest Home parking lot.” With future development, the proposed site plan will tie into this water main on the Rest Home property, be constructed north through the proposed Oak Park Drive easement, and will connect to the water main at the intersection of Juniper Street and Oak Park Drive. This water main extension will satisfy the City’s water main looping standard and provide redundancy in the municipal water system that will increase the reliability of the utility. There are two existing sewer mains that run through the subject property. Per the submittal there is an “… existing 18” asbestos concrete sewer main running through the north side of the site and an existing 24” asbestos concrete sewer main running along the eastern edge of the site.” With existing wastewater infrastructure currently present on the site, service line connections will be achievable during subsequent development with no sewer main extensions necessary. Final plans and specifications will be prepared and reviewed after action on the preliminary plat, during infrastructure review with Public Works. Code provision 17 requires the applicant offset estimated water demand prior to final plat approval per subsection D of BMC 38.410.130. Per this section, the application may either transfer water rights into city ownership that are appurtenant to the land being developed or as acceptable to the city, provide payment of cash-in-lieu of water rights at a rate established by the most recent City Commission resolution, or a combination of both. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in any amount determined by the Director of Utilities, prior to development. Easements - The final plat must provide and depict all necessary utilities and required utility easements. Code provision 14 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street right of ways, within existing easements, or within new easements. The applicant must submit for review and approval all easements, which designate space for public or private utilities that are not in the designated public right of way. Additional required easements include easements for all shared stormwater facilities, pedestrian access easements to mitigate block length, and an agricultural water user’s easement for the sections of the unnamed ditch located on the eastern edge of the property. All easements must be provided using the City’s standard language. Ten-foot front yard utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards. 139 24533 Staff Report for Hidden Creek Subdivision Page 25 of 34 Copies of additional existing easements are required to be provided with the final plat application. Required easements are outlined in code provisions 14, 15, and 16. Parks – The applicant proposes to meet Park and Recreation requirements through a cash-in-lieu of parkland (CILP) payment to the city. No parkland dedication is proposed with this minor subdivision. Lot 1 is exempt from parkland review during subdivision review per BMC 38.420.020.B.1 for lots greater than 5-acres. Required parkland or cash-in-lieu of parkland (CILP) must be reviewed with the subsequent site plan application for Lot 1. The parkland requirements will only apply to Lots 3 and 4. Commission Resolution No. 4784 provides criteria for evaluation of CILP proposals. The size of Lot 3 (0.184 acres) and Lot 4 (0.427 acres) limit the practicability of dedicating park. Additionally, there are several existing parks within 0.50 miles of the subject property, including Oak Meadows Park, Walton Homestead Park, Westlake Park, and Kirk Park. The acceptance of CILP enables accomplishment of other city priorities and is also the expressed preference of the developer. Condition of approval 5 allows Lot 3 and Lot 4 to defer CILP payment at the time of final plat approval. Condition of Approval 3.e and Condition of approval 4 requires Lot 3 and Lot 4 to file deed restrictions ensuring CILP is paid prior to any residential development approvals for those lots. Code provision 18 provides requirements for subsequent site plan development including final evaluation and determination of parkland dedication requirements and determination of final cash-in-lieu values. A final cash-in-lieu value will be determined at the time of final plat of final plan approval and must be reflected in the parkland tracking table provided on the conditions of approval sheet for the plat. Lot 1 CILP must be evaluated and paid with the subsequent site plan application for the affordable housing project (Site Plan Application 25084). Stormwater – A stormwater management memo was provided by WWC Engineering under Document 029. This memo details proposed stormwater improvements evaluated with this preliminary plat application. The Hidden Creek development proposes two stages of stormwater improvements. Since the undeveloped lot area to the north of the existing rest home currently captures overland drainage flows from the developed rest home area, the applicant is proposing to provide new stormwater improvements on the northwest corner of the Rest Home property to capture flows from the existing parking lot draining to the northern lots where the new Lots 1, 3, and 4 are proposed to be created. Code provision 7 requires the applicant to make these improvements prior to final plat approval. No development of lots 1,3, and 4 is proposed with this subdivision application. Condition of approval 3 requires deed restrictions be put in place to ensure delivery of required infrastructure prior to building permit issuance or certificate of occupancy issuance for these lots if the applicant requests a non-financial guarantee for completion of required improvements with their final plat application. This will ensure compliance with required infrastructure improvements but will allow the site developer to take on financial responsibility for subdivision infrastructure. Code Provision 6 outlines requirements with a concurrent construction request. 140 24533 Staff Report for Hidden Creek Subdivision Page 26 of 34 The second stage of stormwater development for this site is currently proposed to occur under site plan application 25084. The applicant also included a copy of the preliminary stormwater management design report for the subsequent site plan application (#25084). This report was prepared and stamped by a professional engineer with WWC Engineering and is located under application Document 029. This report was reviewed by the Engineering Division for compliance with state and local Public Works Standard Specifications, the City’s design standards, and the Bozeman Municipal Code. The site plan will construct stormwater control facilities to conform to municipal code and design standards. The applicant is proposing multiple lots under separate ownership that will discharge to shared stormwater retention facilities. Prior to final plat approval, the applicant must provide a copy of the recorded Shared Stormwater Easement and Agreement (Agreement) that has been approved by the City. The Agreement needs to include adequate details summarizing maintenance requirements and associated costs for the shared stormwater facilities. This requirement is located under code provision 16 in this report. This will ensure the proper maintenance of necessary stormwater infrastructure as the subdivision is developed and occupied. An associated plat note is required per code provision 3 to notify future property owners of their requirements for ongoing maintenance of these stormwater facilities. Agricultural water user facility – The applicant provided documentation of downstream agricultural water users and notification. In accordance with BMC 38.360.280, notice was provided to those users with this preliminary plat application. There is one ditch used to convey water for agricultural uses along the east property line of the subject property. Document 027 contains a letter from Dan Triemstra, Secretary of the Farmers Canal Company, discussing the history of the ditch and that there are no longer means of diverting water to the ditch dated November 21, 2024. Per an email from Triemstra dated July 29, 2024 “The responsibility for maintaining laterals of Farmers Canal rests with the ditch users of each individual ditch.” Since ditch users are the only individuals that can declare a ditch abandoned, the applicant was instructed to work with the sole Agricultural Water User, Maxey Limited Partnership, to discuss removal or relocation of the ditch. An agreement between Maxey Limited Partnership and United Housing Partners or UHP (the site developer) is included in Document 44. This agreement allows the ditch to be moved further east to facilitate the construction of Oak Park Drive. An agricultural water user’s easement must be provided per code provision 15. The easements must be prepared as documents separate from the final plat but may be referenced on the final plat. Per code provision 15, Alterations to agricultural water user facilities must be approved by all owners of the facility as required under MCA 70-17-112. Documentation of the approval must be provided for the alterations of the agricultural water user facilities prior to final plat approval. In addition, the applicant must secure the necessary easements and agreements from the Maxey Limited Partnership to fill in and move the irrigation ditch from the property boundary onto the Maxey Limited Partnership property in order to construct Oak Park Drive up 141 24533 Staff Report for Hidden Creek Subdivision Page 27 of 34 to the property boundary prior to final plat approval. If unavoidable due to necessary ditch and maintenance easement location, approval from the easement holder for encroachments into the agricultural water user’s easement necessary for the function of the site, including along the proposed Oak Park Drive right-of-way used for an emergency gravel access road, and along the east side of the rest home lot to facilitate pedestrian access are required to be provided with final plat. The agreement must clearly demonstrate that the Maxey Limited Partnership understands and accepts that backfill and grading changes associated with moving the irrigation ditch and the construction of Oak Park Drive will take place on their property. Prior to final plat approval, the developer’s professional engineer must certify that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to the realignment or relocation of the ditch, pursuant to 38.410.060.D.3. These code provisions are required to ensure compliance with state and local law regarding agricultural water user facilities, and to ensure maintenance access to the remaining ag. water facility user. Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this subject property. The subdivision does not impact the City’s ability to provide emergency services to the subject property. The necessary addresses will be provided to enable 911 response to individual parcels prior to recording of the final plat. For lots subject to site plan review, addressing will be provided following the plan review process, and are dependent on the design and arrangement of buildings. Fire protection standards require installation of fire hydrants at designated spacing to ensure adequate protection. A secondary fire access is proposed at the southern end of the terminus of Oak Park Drive and has been evaluated by the Fire Department. The fire access is considered required infrastructure to be completed per an approved concurrent construction plan, and will be evaluated further during the infrastructure review process. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement 14 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are generally located within dedicated street right of ways. Easements for the future roadway along the east side of the lot is required prior to final plat approval. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to two parcels within the subdivision with the recommended conditions of approval and code provisions. Lots 1 and 2 will have legal and physical access to each lot from an existing public street. Lots 3 and 4 will have legal access following final plat approval via a required easement for the future Oak Park Drive extension per code provision 14. Lots 3 and 4 will not have physical access. The applicant has requested an improvements agreement for required infrastructure with a non-financial guarantee to secure final plat approval. With the final plat application submittal, the application will be subject to 142 24533 Staff Report for Hidden Creek Subdivision Page 28 of 34 condition of approval 3 and code provision 6. To exercise the option of a non-financial guarantee, Condition 4 requires a deed restriction withholding building permits be filed for lots 3 and 4 detailing the requirements for infrastructure completion and acceptance prior to building permit issuance. The deed restriction will include an acknowledgment and consent language and must be executed by the subdivider and subsequent owner(s)/developer(s). Per condition 3.f, a plat note must also be included with the final plat application referencing deed restrictions as a notification for all future property owners. Documentation of compliance with adopted standards 38.220.060 The Development Review Committee (DRC) completed a subdivision pre-application plan review on March 8, 2024 and no variances were requested. Waivers were granted during pre- application review from documentation of compliance with adopted standards per BMC 38.220.060A.1-19 from the following code sections: Surface water A.1, Floodplains A.2, Agriculture A.7, Parks and recreation facilities A.14, Neighborhood Center Plan A.15, Lighting plan A.16, Miscellaneous (public lands, hazards, WUI) A.17, and Affordable housing A.18. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water Supplemental documentation of compliance with this adopted standard was waived during the pre-application review. See above analysis for Agricultural Water Users Facilities. 38.220.060.A.2 - Floodplains Supplemental documentation of compliance with this adopted standard was waived during the pre-application review. No floodplains are located on the subject property and no flood hazard evaluation was required by reviewing staff. 38.220.060.A.3 - Groundwater A groundwater investigation was completed between May 2024 and July 2024 by IMEG and is provided in the application documents under Document 023 within the Geotechnical Investigation Report. This report has been stamped and signed by a professional engineer registered in the State of Montana and reviewed by the Engineering Division against code requirements in Chapter 38 and engineering design manuals and was found to meet standards. Per the report “Groundwater or seepage was not observed within the exploratory test pits excavated during the site visit. Evidence of seasonally high groundwater was also not observed within the depth of exploration.” No groundwater hazards to future residents or structures was identified by staff, and no code provisions related to groundwater have been provided. 38.220.060.A.4 - Geology, Soils and Slopes No significant geological features or slopes exist on the site. A geotechnical investigation report was provided by IMEG and has been stamped and signed by a professional engineer registered in the State of Montana and reviewed by the Engineering Division for compliance with City standards. This is located in application Document 023. 143 24533 Staff Report for Hidden Creek Subdivision Page 29 of 34 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities were identified on site. A vegetation memo is located under Document 024. Per the memo “A noxious weed management and revegetation plan for this property has been created by 406 Weeds and is included in this submittal.” 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. There are no known critical habitats on the property or observed or mapped threatened or endangered species. The applicant provided a technical memo under Document 025. An email from Montana Fish, Wildlife, and Parks (MT FWP) was provided and is dated December 4, 2024. Per the email “FWP area biologists have reviewed the proposal and have no comments to offer.” 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. The site an undeveloped lot mostly surrounded by urban development. No continuance of agricultural activities is proposed as the subdivision is developed through current and future phasing. The area is zoned for residential uses per the R-4 zoning district. Supplemental documentation of compliance with adopted standards per this section was waived with the pre-application review. Adjacent intermittent agricultural uses are present along the eastern property boundary. Document 027 contains a draft agreement with the adjacent property owner regarding providing and maintaining a fence line between the subject property and the adjacent agricultural uses. 38.220.060.A.8 - Agricultural Water User Facilities See discussion above under primary review criteria. Also see Document 027. 38.220.060.A.9 - Water and Sewer Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. Also see discussion above. 38.220.060.A.10 - Stormwater Management See discussion above under primary review criteria. 38.220.060.A.11 - Streets, Roads and Alleys The subdivision will provide adequate improvements to support the proposed development by extending a local street to provide local street access to the proposed developable lots. The applicant has agreed to provide a non-financial guarantee for required infrastructure with this subdivision per BMC 38.270.080.B. With site plan Application 25084, the applicant has proposed to extend Oak Park Drive to the south and install public utilities. Right-of-way (ROW) width constraints exist for the extension of Oak Park Drive into the subject property due to the adjacent unannexed land to the east. The Director of Transportation and Engineering determined that given the inability of the applicant to acquire a street and utility easement from the 144 24533 Staff Report for Hidden Creek Subdivision Page 30 of 34 neighboring property for half of the full Oak Park Drive right-of-way, a city half street on the applicant's property will be adequate for the proposed land use. Working with City staff the applicant created a compliant half-street section and 33-foot easement that will be able to be expanded to a full section when the adjacent property to the east develops. This proposal is outlined under Document 008 – Streets, Roads, and Grades. No phasing of infrastructure and no development of lots 1,3, and 4 is proposed with this subdivision application. Easements are required to be provided with final plat for all required street and pedestrian transportation connections. Condition of approval 3 requires deed restrictions be put in place to ensure delivery of required infrastructure prior to building permit issuance or certificate of occupancy issuance for these lots if the applicant requests a non- financial guarantee for completion of required improvements with their final plat application. This will ensure compliance with required infrastructure improvements but will allow the site developer to take on financial responsibility for subdivision infrastructure. Code Provision 5 outlines requirements with a concurrent construction request. Future roadway locations, easements, and design are located in Document 30. A Traffic Impact Study (TIS) dated September 2025, stamped and signed by a professional engineer, was provided and evaluated by the reviewing engineer for compliance with adopted design standards and code requirements including trip distribution, intersection function, crash data, and level of service. The findings for this report states “As proposed, the Hidden Creek Community will not create any roadway capacity problems in this area. The existing signalized intersections on 15th Avenue at Oak Street and Durston Road will function adequately through full build-out of the project with no modifications. Most other intersections within the study area will function well within capacity through 2040.” City staff concurs with the findings in the TIS. 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service connections from Northwestern Energy, and Charter Communications for the proposed subdivision. These responses are provided under Document 031. 38.220.060.A.13 - Land Use The subject property is zoned R-4 (Residential High Density District). The proposed land use for the subdivision is multi-household (multi-family) residential. Lot 1 is intended for multi- household residential and currently proposed as the Hidden Creek affordable housing project under Site Plan (SP) Application 25084. Lot 2 is proposed to remain as the Gallatin County Rest Home. Lots 3 and 4 are shown as future phases. Lots 3, and 4 will be subject to further plan review and are currently proposed to be set aside for a community center and Community Land Trust homes, see application submittal Document 032 for proposed land uses. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development. 145 24533 Staff Report for Hidden Creek Subdivision Page 31 of 34 38.220.060.A.14 - Parks and Recreation Facilities Supplemental documentation of compliance with this adopted standard was waived during the pre-application review due to exemptions for required parkland per BMC 38.420.020.B.1 for lots greater than 5-acres. On April 11, 2025 the applicant requested the application be revised to a 4- lot minor subdivision. With this revision, the originally planned northern lot was proposed to be further divided into 3 buildable lots with associated easements and right-of-way. Lots 3 and 4 are subject to required parkland with this subdivision. The proposed subdivision will provide cash- in-lieu of parkland dedication. The proposal meets the criteria of Commission Resolution 4784. The Parks Department reviewed the parkland proposal, also see the discussion above under the primary review criteria. 38.220.060.A.15 - Neighborhood Center Plan To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater, must have a neighborhood center. Supplemental documentation of compliance with this adopted standard was waived during the pre-application review due to the size of the development falling under 10 net acres. 38.220.060.A.16 - Lighting Plan Supplemental documentation of compliance with this adopted standard was waived during the pre-application review for street lighting. Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) must be created prior to occupancy of any buildings in the subdivision. Code provision 10 is related to this requirement. 38.220.060.A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be created with this development. Supplemental documentation of compliance with this adopted standard was waived during the pre-application review. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. Proposed future site development for affordable housing will be evaluated with the subsequent site plan application. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4, Residential High Density District. The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 146 24533 Staff Report for Hidden Creek Subdivision Page 32 of 34 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. The proposed subdivision is appropriate for this zone because it will add housing variety to the area near mixed-use and commercial districts and areas served by transit. Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) The subject property is designated as Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and 147 24533 Staff Report for Hidden Creek Subdivision Page 33 of 34 services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. This proposed subdivision is well suited to implement the Urban Neighborhood designation by providing opportunity for residential development on an infill parcel. The proposed newly created lots will be in close proximity to commercial and mixed-use areas, as well as schools. The proposed subdivision is also planning pedestrian amenities that will connect residents to nearby parks, schools, and the larger pedestrian transportation network. Density and individual uses will be evaluated at the time of development against the R-4 zoning requirements. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1 Support well-planned, walkable neighborhoods. N-1.1 Promote housing diversity. N-1.9 Ensure multimodal connections between adjacent developments. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. DCD - 1 Support urban development within the city. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, WWC Engineering, 895 Technology Boulevard, Suite 203, Bozeman, MT 59718, representing owner, Gallatin County, 311 W. Main Street, Suite 304, Bozeman, MT 59715. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting per BMC 38.220.420, The City scheduled public notice for this application to begin on August 25, 2025. The applicant posted public notice on the subject property on August 22, 2025. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on August 21, 2025. The city did not receive any written public comment on the application as of the writing of this report. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Gallatin County, 311 W. Main Street, Suite 304, Bozeman, MT 59715 148 24533 Staff Report for Hidden Creek Subdivision Page 34 of 34 Applicant: WWC Engineering, 895 Technology Boulevard, Suite 203, Bozeman, MT 59718 Representative: Same as Applicant Report By: Danielle Garber, Senior Planner 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. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. ATTACHMENTS The full application and file of record can be viewed digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at https://www.bozeman.net/departments/community-development/planning/project-information- portal, select the “Project Documents Folder” link and navigate to application 25433. The application materials are available in the City’s Laserfiche archive for Application 24533 and may be accessed through the Community Development viewer The following documents and drawings are available in the online public archive: • Hidden Creek Preliminary Plat • Departure Request • Streets, Roads, and Grades • Phased Improvements • Geology, Soils, and Slopes • Vegetation • Wildlife • Agricultural Water User Facilities • Water and Sewer • Stormwater Management • Streets, Roads, and Alleys • Non-Municipal Utilities • Land Use • Draft Shared Stormwater Easement and Agreement • Agreement with Maxey Limited Partnership 149 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 SRX II Subsequent Minor Subdivision Preliminary Plat Application to Further Subdivide Five Lots in Minor Subdivision 494 to Create Three Buildable Lots, One Restricted Development Lot, and Road Right-of- way Extensions; the Subdivision is Proposed on 35.06 Acres and is Zoned B- 2M (Community Business District Mixed) and REMU (Residential Emphasis Mixed Use) Generally Located Northeast of the Corner of West Graf Street and South 19th Avenue, Application 24112 (Quasi-Judicial) MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 24112 and move to approve the subdivision with conditions and subject to all applicable code provisions. 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 Department of Community Development received a Preliminary Plat Application on March 13, 2024 requesting to subdivide 35.06 acres to create 3 buildable lots, 1 restricted development lot, and associated right of way. The subject property is zoned REMU (Residential Emphasis Mixed Use) and B-2M (Community Business District - Mixed). Proposed land uses for the subdivision are primarily commercial, mixed-use, and multi-household residential (multi-family). Block 1 is intended for mixed use and commercial development and is included in the phase 1 buildable lots south of Staudaher Street. Block 2 is intended for multi-family residential and currently proposed as the Sage Peak and Alder affordable 150 housing project under Site Plan (SP) Application 24122, also called Alder Ridge and Sage Peak in the submittal materials. Future phases in restricted development lots to the north of phase 1 are currently proposed as commercial mixed use, multi-household residential, and open space or parkland. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for REMU and B-2M Zoning. Preapplication review was completed on March 8, 2024. BMC 38.220.060.A requires documentation of compliance with adopted standards unless waivers have been granted during the pre-application process. Two waivers were granted during pre-application review for BMC 38.220.060.A.7 for review of Agriculture, and BMC 38.220.060.A.17 for review of Miscellaneous standards. All other supplemental information was provided by the applicant for review with this preliminary application. On August 8, 2025 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in the staff report. The subdivider did not request any variances with this application. Please see the staff report for analysis of the review criteria. The City scheduled public notice for this application to begin on August 25, 2025. The applicant posted public notice on the subject property on August 22, 2025. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on August 21, 2025. No public comment had been received on this application as of the writing of this report. The public notice contained two public meeting dates Planning Board at Community Development Board (CDB) on Monday September 15, 2025, and the City Commission decision on Tuesday October 7, 2025. Staff was notified the week prior to the scheduled September 15, 2025 CDB meeting that the meeting would be cancelled due to a lack of quorum. The City Clerk published the cancellation notice on the September 15th agenda notifying the public that all items noticed for September 15 will have their meeting continued to October 6, 2025. Because of this schedule change, staff cannot as of the writing of this report offer an update and summary of the actions and recommendations of the Community Development Board. The Board will consider the application at their future October 6, 2025 meeting. Staff will update the City Commission ton October 7, 2025 if approval was not recommended and any public comment that was provided prior to or at the CDB meeting. This subdivision meets the criteria for review under 76-3-616 Montana Code Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts this subdivision from the public hearing requirement. Per BMC 38.240.100 the final decision for this preliminary plat must be made within 60 working days from sufficiency, or by November 4, 2025. 151 Application materials can be found in the below links for the City's online document repository: Application Documents Application Drawings The application documents folder will contain the application narrative, the traffic impact study, geotech and groundwater monitoring information, surface water information and a wetlands delineation and report, correspondence with agricultural water users, and environmental response memos, as well as documentation to demonstrate compliance with Chapter 38 including compliance with adopted standards required in BMC 38.220.060 where waivers were not granted. The application drawings folder will contain the draft plat, phasing exhibits, proposed street plans and profiles, and proposed planting and irrigation plans. UNRESOLVED ISSUES:None ALTERNATIVES:As recommended by the City Commission 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. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. Attachments: 24112 Staff Report.pdf Report compiled on: September 25, 2025 152 24112 SRX II Subdivision Page 1 of 36 24112 SRX II Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting will be held - Monday, October 6, 2025 at 6:00 pm. City Commission meeting will be held Tuesday, October 7, 2025 at 6:00 pm Project Description: A preliminary plat application for a subsequent minor subdivision requesting to further subdivide 5 lots in Minor Subdivision 494. The subdivision proposes to create 3 buildable lots, 1 restricted development lot, and road right-of-way extensions. The subdivision is proposed on 35.06 acres and is zoned B-2M and REMU. Project Location: Lots 1-4, Block 1 of Minor Subdivision No. 494, Located in the Northwest Quarter of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Addresses TBD, northeast of the corner of West Graf Street and South 19th Avenue Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended Planning Board Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 24112 and move for the Community Development Board in its capacity as the Planning Board to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 24112 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: September 29, 2025 Staff Contact: Danielle Garber, Senior Planner Simon Lindley, Project Engineer Agenda Item Type: Consent (Quasi-judicial) EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive for Application 24112 and may be accessed through the Community Development viewer. Unresolved Issues. There are no unresolved issues with this application. 153 24112 Staff Report for SRX II Subdivision Page 2 of 36 Project Summary The Department of Community Development received a Preliminary Plat Application on March 13, 2024 requesting to subdivide 35.06 acres to create 3 buildable lots, 1 restricted development lot, and associated right of way. The subject property is zoned REMU (Residential Emphasis Mixed Use) and B-2M (Community Business District - Mixed). Proposed land uses for the subdivision are primarily commercial, mixed-use, and multi- household residential (multi-family). Exhibit 7 below shows proposed uses over the entire subdivision. Block 1 is intended for mixed use and commercial development and is included in the phase 1 buildable lots south of Staudaher Street. Block 2 is intended for multi-family residential and currently proposed as the Sage Peak and Alder affordable housing project under Site Plan (SP) Application 24122, also called Alder Ridge and Sage Peak in the submittal materials. Future phases in restricted development lots to the north of phase 1 are currently proposed as commercial mixed use, multi-household residential, and open space or parkland. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for REMU and B-2M Zoning. No city parks are currently proposed within the proposed subdivision. Future parkland may be dedicated at the northeast corner of the site to facilitate wetlands preservation if proposed at the time of subdivision for the restricted lot and acceptable to the Parks Department. A cash-in-leu of parkland (CILP) request is outlined in the application narrative under Document 001. Directly to the north of the subject property is a dedicated public park called Southwood Park, that was platted as a part of the South University District Phase 3 subdivision. As a part of the CILP request, phase 1 infrastructure improvements include a direct trail connection from the Block 2 residential development (SP 24122) along the future South 15th Avenue dedication to Southwood Park. Three local streets are proposed within phase 1 of the subdivision. Extensions of South 17th Avenue and South 15th Avenue north from Graf Street, and a leg of Staudaher Street connecting South 19th Avenue to South 15th Avenue. Jarrett Subdivision, under Application 23072, is an approved preliminary plat to the east of the subject property. With this approval, Staudaher street is proposed to connect through from South 13th Avenue to South 11th Avenue. A public street and utility easement exists for the leg of Staudaher Street from South 15th Avenue to South 13thAvenue and this street will be constructed with a future phase of the Allison Subdivision. The northwest corner of this subdivision, immediately adjacent to the subject property and Southwood Park is proposed as a public park in future phases. However, it is important to note that this subdivision has not yet received final plat approval, and a different development proposal may eventually be submitted with a different proposed street alignment and park location that will be evaluated at the time of submittal. South 15th and South 17th Avenues are proposed to connect north through the proposed restricted lot to Arnold Street with future phases of this subdivision. 154 24112 Staff Report for SRX II Subdivision Page 3 of 36 The applicant has requested concurrent construction. All improvements must be installed prior to the issuance of a building permit for any lot within a subdivision, except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in subsection D of BMC 38.270.030. Subsection D allows lots subject to site plan review to commence with vertical construction prior to installation of required infrastructure with concurrent construction approval. A concurrent construction request for construction of infrastructure and vertical construction of Site Plan 24122 is located in the application under Document 013 – Appendix L – Concurrent Construction Letter. This concurrent construction plan has been approved by the Fire Department and found to be sufficient following review from Planning and Engineering staff. Final infrastructure review and approval and code provisions related to concurrent construction of infrastructure are located in Section 4 below. A phasing exhibit under Drawing 004 shows proposed infrastructure and the location of Block 1, Block 2, and Restricted Lot 1. A jurisdictional water course and associated jurisdictional wetland, as determined by the Army Corps of Engineers, are present on the subject property. These are associated with the Middle Creek Ditch containing Mandeville Creek that runs along the west side of the property next to 19th Avenue, and a wetland area in the center of the property identified formally as W-A or Wetland A in the jurisdictional determination contained in Document 047 and Document 047.1. Additional surface water present on the subject property includes an eastern channel of Middle Creek Ditch, located in the South 15th Avenue future right-of-way that was determined to be non-jurisdictional, and an existing stormwater pond just to the north of the existing roundabout on Graf Street for South 15th Avenue. A jurisdiction determination means that a Department of the Army 404 permit and approved mitigation plan for impacted areas of the wetland is required prior to commencement of construction activities. Page 8 of Document 044.01 contains an exhibit and calculation of impacted watercourse and wetland areas. To facilitate construction of infrastructure required to serve the subdivision 0.48 acres or 21,122 square feet of wetland area and 0.01 acres or 374 square feet of waterway are proposed to be impacted by the proposed subdivision. All impacts are proposed to allow construction of Staudaher Street and South 17th Avenue and a portion are located on the future developable Lot 2, Block 2. A majority of Wetland A is located in Restricted Lot 1 and subject to further subdivision review prior to development. Proposed impacts including the northern extension of South 17th Avenue to Arnold Street will be evaluated at the time of application. The eastern channel of Middle Creek Ditch, also referred to as the “Drain Ditch” has been abandoned by the Middle Creek Ditch Company (MCDC). A letter from the president of MCDC was provided under Document 046.1, and a recorded extinguishment of the ditch easement was provided under Document 046. Agricultural water users and rights remain for Mandeville Creek along the west side of the property along South 19th Avenue. Pursuant to Sec. 38.410.060.D BMC, written approval must be obtained from the Middle Creek Ditch Company to pipe the existing ditch within the right of way at the intersection of Staudaher Street and South 19th Avenue prior to infrastructure approval. Further analysis of the is located below in the staff analysis section for Surface Water. 155 24112 Staff Report for SRX II Subdivision Page 4 of 36 On August 8, 2025 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any variances with this application. Two waivers were granted during pre-application review for BMC 38.220.060.A.7 for review of Agriculture, and BMC 38.220.060.A.17 for review of Miscellaneous standards. The City did not receive any written public comment on the application as of the writing of this report. The final decision for this preliminary plat must be made by November 4, 2025 or 60 working days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt subdivisions. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 156 24112 Staff Report for SRX II Subdivision Page 5 of 36 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 1 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 4 SECTION 1 – MAP SERIES .......................................................................................................... 6 SECTION 2 – REQUESTED VARIANCES ............................................................................... 12 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 13 SECTION 4 – CODE REQUIREMENTS .................................................................................... 13 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 19 SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 19 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 20 Documentation of compliance with adopted standards 38.220.060 ................................. 25 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 30 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 35 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 35 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 35 FISCAL EFFECTS ....................................................................................................................... 36 ATTACHMENTS ......................................................................................................................... 36 157 24112 Staff Report for SRX II Subdivision Page 6 of 36 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 158 24112 Staff Report for SRX II Subdivision Page 7 of 36 Exhibit 2 – Future Land Use Map 159 24112 SRX II Subdivision Page 8 of 36 Exhibit 3 – Phase 1 Preliminary Plat (see all sheets in file) 160 24112 Staff Report for SRX II Subdivision Page 9 of 36 Exhibit 4 – Phasing Exhibit – Phase 1 (see all sheets in file) 161 24112 SRX II Subdivision Page 10 of 36 Exhibit 5 – Landscaping Plan West 162 24112 Staff Report for SRX II Subdivision Page 11 of 36 Exhibit 6 – Landscaping Plan East 163 24112 Staff Report for SRX II Subdivision Page 12 of 36 Exhibit 7 – Land Use Plan 164 24112 Staff Report for SRX II Subdivision Page 13 of 36 SECTION 2 – REQUESTED VARIANCES No variances are requested with this application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include one (1) signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorders office has elected to continue the existing medium requirements of 1 mylar with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. The subject property is located within the Meadow Creek Subdivision Signal, Water and Sewer payback district boundaries. If the subject property did not participate in the original cost of construction of improvements, or previously pay the payback fees, the subject property will be accessed the payback charges prior to final plat approval. Reference document: https://weblink.bozeman.net/weblink/0/doc/181718/Electronic.aspx https://weblink.bozeman.net/weblink/0/doc/181719/Electronic.aspx https://weblink.bozeman.net/weblink/0/doc/129437/Electronic.aspx SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Sec. 38.100.050 & Sec. 38.100.070 – General Provisions. Prior to final plat approval, the applicant must provide and file with the County Clerk and Recorder's office new 165 24112 Staff Report for SRX II Subdivision Page 14 of 36 executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard form for the following: a. Street improvements to S 19th Avenue between Graf Street and Stucky Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to S 15th between Graf Street and Arnold Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Arnold Street between S 19th Avenue and S 11th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to S 17th between Graf Street and Arnold Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at S 19th and Graf Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at S 19th Avenue and Stucky Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at S 19th Avenue and Kagy Boulevard including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the new filed SID waiver prior to final plat approval. 3. Sec. 38.220.020.A – Streambed, Streambank, and/or Wetlands Permits. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required permits must be obtained by the applicant and provided to the Community Development Department prior to construction and/or final plat approval whichever is sooner. A permission form from the ditch owner and downstream water user must be provided to modify a ditch. Ditches must follow historical drainage. 4. Sec. 38.220.060.A.1 – Surface Water. The following code provisions must be addressed during the infrastructure review. a. Sec. 38.220.130.A.3.a.3 & 38.610.090.A.9 - Pervious fill materials must be utilized for the subdivision roadway base sections, where feasible, to assure that all reasonable efforts have been made to reduce impacts to the wetland hydroperiod. The applicant must provide more detailed plans for the proposed stormwater ponds, including the outfall. The design elements for the roadway 166 24112 Staff Report for SRX II Subdivision Page 15 of 36 base sections and stormwater ponds must be reviewed and approved by the Engineering Department as part of the public infrastructure plan set. b. Sec. 38.220.130.A.3.c & BMC 38.610.090.A.10 - The applicant must install signage during phase 1 construction stating the area within phase 2 is a wetland and is not to be disturbed or filled. The construction plan must be reviewed and approved by the Engineering Department as part of the public infrastructure plan set. c. Sec. 38.220.130.A.2.b - The applicant must provide a construction plan to remove the soil stockpiles from the restricted lot and plant native grass species during phase 1. The design elements must be reviewed and approved by the City of Bozeman as part of the public infrastructure plan set. 5. Sec. 38.220.070.A.3 – Noxious Weeds. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. 6. Sec. 38.220.070.A.8. – Conditions of Approval Sheet. A sheet(s) of the plat depicting conformance with subdivision application approval must be submitted as set forth in 24.183.1107 ARM as may be amended and as required by the county clerk and recorder, and must include the following: a. The Conditions of Approval Sheet shall contain the following, "This is a known area of high groundwater. No crawl spaces or basements will be permitted with future development of the site unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provides supporting groundwater data prior to release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged into streets, such as into the curb and gutter where they create a safety hazard for pedestrians and vehicles." b. List all easements and recorded document numbers on the Conditions of Approval Sheet, including existing easements and recorded documents and spaces to write in proposed easements and recorded documents. c. The Conditions of Approval Sheet shall contain the following, "The maintenance of all storm water facilities outside the public right-of-way is the responsibility of the property owners’ association (POA)." 7. Sec. 38.220.310, and 320. Property Owners’ Association. Final Property owners’ association (POA) documents including covenants must be provided with the final plat prior to being finalized and recorded. The POA documents must include the requirements of BMC 38.220.300, 310, and 320 where applicable. 8. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the certificates on the final plat must follow the language in the corresponding certificates in 167 24112 Staff Report for SRX II Subdivision Page 16 of 36 this code section. In addition to any other applicable certificates contained in these code sections the final plat must contain: a. Sec. 38.240.450.A – Certificate of Completion of Public Improvements. Where improvements are to be installed prior to final plat approval, the final plat subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements. b. Sec. 38.240.530 – Certificate of Water Related Improvements. Any well, including equipment and associated permitting, used for public irrigation must be transferred to the City or POA as applicable. A certificate of water related improvements is required per Section 38.240.530. Any financially guaranteed water related improvements agreements must include a warranty of workmanship. 9. Sec. 38.270.030.B & Sec. 38.270.030.D – Concurrent Construction. All improvements must be installed prior to the issuance of a building permit for any lot within a subdivision, except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in subsection D of this section. Concurrent construction approval is required prior to final plat approval. a. Sec. 38.270.030.D.2 - The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount will be determined by the city and in an amount not less than 150 percent of the cost of the improvements verified against city publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The security must be in the name of the city and must be at least six months longer than the time of performance required by the improvements agreement. b. Sec. 38.270.030.D.4 - Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the engineering department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development c. Sec. 38.270.030.D.6 - The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy must name the city as an additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof. d. Sec. 38.270.030.D.11 - The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. 168 24112 Staff Report for SRX II Subdivision Page 17 of 36 10. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by Developer and Property Owners’ Association. a. The subdivisions stormwater maintenance plan must clearly state the following condition. "The property owners association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all permanent and temporary stormwater management facilities located outside of the public right-of-way." The approved stormwater plan must be incorporated into the property owners’ association documents and a copy of the documents demonstrating the inclusion of the stormwater maintenance plan must be provided prior to final plat approval. 11. Sec. 38.360.280 – Agricultural water user facilities. Alterations to agricultural water user facilities must be approved by all owners of the facility as required under MCA 70- 17-112. Documentation of the approval must be provided for the alterations of the agricultural water user facilities prior to City infrastructure approval. Additionally, with the infrastructure submittal please identify the party responsible for the maintenance of the culvert and provide a maintenance plan for the pipe. If an entity other than the Owner/POA will be responsible, written approval for the design and maintenance plan must be provided prior to scheduling of the pre-construction conference. 12. Sec. 38.400.040.A.2 – Street Names. Street names must be reviewed and approved by the County's geographic information systems and City Engineering Department prior to final plat approval. The applicant must submit written approval from both entities with the final plat application. 13. Sec. 38.400.060.B.4 – Street Improvement Standards. The proposed project is located within one-half mile of the intersection of South 19th Avenue and Stucky Road. The SRX II Subdivision Traffic Impact Study indicates the subject intersection will not meet the City's level of service standard at full buildout in the design year required per BMC 38.400.060.B.4. The intersection of South 19th Avenue and Stucky Road is scheduled for improvement in the City's Capital Improvement Plan within the next three years. Per BMC 38.270.070.C, the applicant must pay cash-in-lieu for the SRX II proportional share of the capital facility prior to Final Plat approval. 14. Sec. 38.400.090.G – Access. A 1 foot "No Access" strip shall be placed along the Graf Street frontage for the full length of the development, with the exception for the South 17th Avenue connection at the roundabout. A 1 foot "No Access" strip shall be placed along the South 19th Avenue frontage for the full length of the development, with the exception for the Staudaher connection. 15. Sec. 38.400.110.A and 38.270.020.B.2.c – Transportation Pathways. The applicant must widen the existing sidewalk to a 10-foot shared use path along West Graf Street adjacent to the development with the initial phase. The applicant must widen the existing sidewalk to a 10-foot shared use path along S 19th from West Graf Street to Staudaher Street with the initial phase. 16. Sec. 38.400.070 – Street Lighting. Subdivision lighting special improvement lighting district (SILD) information shall be submitted to the City and the district formed after 169 24112 Staff Report for SRX II Subdivision Page 18 of 36 preliminary plat approval in hard copy and digital form in accordance with the City of Bozeman Lighting and Electrical Specifications. Any final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The approval to create or annex to an existing SILD must be granted prior to Final Plat Approval. 17. Sec. 38.410.060. - Easements. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates. a. The final plat must provide all necessary utility easements, including temporary easements, and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. b. Alterations to agricultural water user facilities must be approved by all owners of the facility. Additional placement of private infrastructure within the public right- of-way must be approved by the City Engineer. Written approval from the Middle Creek Ditch Company (MCDC) must be provided prior to City infrastructure approval for the alteration, including installation of culverts, of the MCDC facilities located in existing or proposed public ROW or easement. c. All roads on the preliminary plat showing as future right of way must be dedicated as easements and must be reviewed, approved, executed by applicable owners, and the City Commission, and filed with the County Clerk and Recorders office prior to phase 1 final plat approval. 18. Sec. 38.410.060.D – Easements for agricultural water user facilities. An agricultural water user easement meeting the requirement of 38.410.060.D.1. must be dedicated for the sections of the Middle Creek Ditch Company facilities located on the property prior final plat approval and notice stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability, per 38.410.060.D.6. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from the final plat but may be referenced on a final plat. a. Sec. 38.410.060.D BMC, written approval must be obtained from the Middle Creek Ditch Company to pipe the existing ditch within the right of way at the intersection of Staudaher Street and South 19th Avenue prior to infrastructure approval. b. In consideration of comments received from the Middle Creek Ditch Company, letter dated August 9th, 2024 in response to notice provided to the company from the developer per Sec. 38.360.280 BMC, to pipe the existing ditch within the right of way of S. 19th Ave final written approval must be obtained from middle creek ditch company, as required under MCA 70-17-112, prior to infrastructural approval. 170 24112 Staff Report for SRX II Subdivision Page 19 of 36 19. Sec. 38.410.130 - Water Adequacy. The City Water adequacy code must be satisfied at the final plat approval. The applicant has indicated an intention to either transfer water rights or pay cash-in-lieu of water rights (CILWR) to satisfy the code. The water adequacy determination must be finalized and either the water rights transfer and/or payment of CILWR completed occur prior to approval. The applicant is encouraged to reach out to City staff prior to submitting the final plan application with the water rights intended for transfer. If, however, the applicant wishes to defer for commercial/multi- family lots until future development, a note must be included on the plat to notify future owners of the restriction pursuant to 38.410.130.C and be approved by Staff prior to final plat approval. 20. Sec. 38.420.020 – Park area requirements, Sec. 38.420.030 – Cash donation in-lieu of land dedication. Cash-in-lieu of land dedication value is currently $2.65/sf. Final cash- in-lieu value established at time of final plat approval. The applicant must update the parkland tracking table to reflect the appraisal value in effect at the time of final plat application. 21. Sec. 38.420.110 – Recreation Pathways. The proposed recreation pathway connecting Block 2 to the Southwood Park is required to be installed prior to final plat approval. This path may be financially guaranteed as a part of the concurrent construction plan and infrastructure review. 22. Sec. 38.550.070 – Landscaping of Public Lands. The developer must at the time of initial development install landscaping, boulevard trees and an irrigation system in city rights-of-way boulevard strips and medians along all collector or arterial streets and all streets adjacent to parks or open space areas prior to final plat approval. Prior to installing landscaping in these areas, the developer must submit a landscaping and irrigation plan to the city for review and approval. The landscape and irrigation plan must be prepared by a qualified landscaping professional meeting the requirements of this division 38.550. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on August 8, 2025. Planning Board meeting will be held - Monday, October 6, 2025 at 6:00 pm. City Commission meeting will be held Tuesday, October 7, 2025 at 6:00 pm SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. 171 24112 Staff Report for SRX II Subdivision Page 20 of 36 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public hearings were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. Review of this subdivision was conducted under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on March 13, 2024. The DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on April 8, 2024, August 16, 2024, November 6, 2024, April 23, 2025, and June 20, 2025. With each submittal, the DRC determined the application was still not sufficient for continued review. A revised application was received on July 18, 2025. The DRC determined the application was adequate for continued review August 8, 2025 and recommended conditions of approval and the code corrections for the staff report. 172 24112 Staff Report for SRX II Subdivision Page 21 of 36 The applicant posted public notice on the subject property on August 22, 2025. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on August 21, 2025. No public comment had been received on this application as of the writing of this report. September 29, 2025 a major subdivision staff report for a subsequent minor subdivision was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy (DSSP) and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/sewer – Document 019 contains the preliminary design report for water systems improvements in the proposed subdivision, stamped by a professional engineer licensed in the State of Montana. This report was reviewed by the Engineering Division for compliance with state and local Public Works Standard Specifications, the City’s design standards, the City of Bozeman Water Facility Plan, and the City of Bozeman Fire Service Line Standard and found to meet with code provisions the City’s review requirements. The proposed design will tie into a single existing water main in South 19th Avenue and Graf Street, to create a looped distribution system within the development. With future phases a main planned for West Arnold Street will be stubbed into the development, and proposed mains at the intersections of South 15th Avenue and Staudaher Street and South 17th Avenue and Staudaher Street will be stubbed for a connection to the north. The water design report contains an analysis for expected water demand for these water main extensions. Per the design report, “there is adequate volume and pressure to supply domestic and fire service for all buildings in the proposed development.” Final plans and specifications will be prepared and reviewed after action on the preliminary plat. Document 018 contains the preliminary design report for wastewater systems in the proposed subdivision and is stamped by a professional engineer licensed in the state of Montana. This report was reviewed by the Engineering Division for compliance with state and local Public Works Standard Specifications, the City’s design standards, and the City of Bozeman Wastewater Facility Plan. Per the report “The flows from SRX-II Phase 1 will generally flow to the north to a 10-inch main along Staudaher and convey west to S 19th Avenue connecting to an 18-inch main.” With future development of the restricted lot an 8-inch sewer main is proposed to 173 24112 Staff Report for SRX II Subdivision Page 22 of 36 connect to a sewer main within Arnold Street. The wastewater design report contains an analysis for expected average daily demand created by future development on the subject property based on zoning density. Per the report “The property is within the wastewater planning boundary for the City of Bozeman as described in the 2015 City of Bozeman Wastewater Collection System Facilities Plan.” The existing downstream sewer infrastructure in South 19th Avenue “can handle the increase in flows based on information in the 2015 City of Bozeman Wastewater Collection Facilities Plan Update.” A distribution map and analysis of future downstream pipe upgrades in the long term was provided and it was determined that “All the pipes that require long term upgrades have adequate capacity for this development.” Code provision 19 requires the applicant offset estimated water demand prior to final plat approval per subsection D of BMC 38.410.130. Per this section, the application may either transfer water rights into city ownership that are appurtenant to the land being developed or as acceptable to the city, provide payment of cash-in-lieu of water rights at a rate established by the most recent City Commission resolution, or a combination of both. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in any amount determined by the Director of Utilities, prior to development. Easements - The final plat must provide and depict all necessary utilities and required utility easements. Code provisions 17 and 18 require that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street right of ways. The applicant must submit for review and approval all easements, which designate space for public or private utilities that are not in the designated public right of way. Additional required easements include public drainage easements for all stormwater facilities located on private property, and an agricultural water user’s easement to ensure maintenance access for all downstream agricultural water users. All easements must be provided using the City’s standard language. Ten-foot front yard utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards. An existing 10-foot public sidewalk easement provides the necessary right-of-way for the public to utilize the proposed shared use path along 19th Avenue. Copies of additional existing easements are required to be provided with the final plat application. Parks – The applicant proposes to meet Park and Recreation requirements through a cash-in-lieu of parkland (CILP) payment to the city. No parkland dedication is proposed with this subsequent minor subdivision. The parkland requirements will only apply to Phase 1 Block 2 zoned REMU and proposed for residential development. Phase 1 Block 1 is zoned B-2M and allows a mixture and variety of residential and commercial uses but is not required to develop with residential uses. If residential uses are proposed within Phase 1 Block 1, park and recreation requirements will be evaluated at the time of application for site development. Commission Resolution No. 4784 provides criteria for evaluation of CILP proposals. Those are the travel distance to an existing park being within 0.50 miles, the acceptance of CIL enables accomplishment of other city priorities, and it is the expressed preference of the developer. The applicant has provided a 174 24112 Staff Report for SRX II Subdivision Page 23 of 36 schematic drawing under Document 042 showing the location of all nearby parkland and travel paths. Southwood Park is directly to the North and the most readily accessible from the Block 2 development. In lieu of a sidewalk or street connection, since N. 15th Avenue and Arnold Street are not yet developed, phase 1 infrastructure improvements include a direct trail connection from the Block 2 residential development (SP 24122) along the future South 15th Avenue dedication to Southwood Park. Depending on seasonality, this improvement may be financially guaranteed with the final plat application. The applicant proposes to meet Park and Recreation requirements through a cash-in-lieu of parkland dedication payment. Park and Recreation requirements using a net residential land area of 7.11 acres and maximum dedication of 12 dwelling units per acre (8 du as land dedication and 4 du as CILP) result in an initial requirement of 1.71 acres of land dedication with an additional 0.85 acres of land equivalent as cash-in-lieu. The applicant proposes 1.71 acres of adjusted land dedication equivalent as cash-in-lieu for a total of 2.56 acres of cash-in-lieu of parkland dedication. There are code provisions related to parkland, listed as code provisions 20 and 21. Code provision 20 requires the applicant to update the cash-in-lieu of parkland dedication (CILP) value accordingly at final plat application. This provision ensures the CILP value is based on the most recent up to date evaluation. Code provision 21 requires the applicant to construct the direct trail connection from the Block 2 residential development (SP 24122) along the future South 15th Avenue street dedication to Southwood Park prior to final plat approval. This provision ensures that future residents will have sufficient pedestrian access to nearby park and recreation facilities until full buildout of subdivision infrastructure with phase 2 is completed. Stormwater – A preliminary stormwater design report was prepared by a professional engineer with Morrison Maierle and is located under application Document 017. This report was reviewed by the Engineering Division for compliance with state and local Public Works Standards and Specifications, the City’s design standards, and the Bozeman Municipal Code. The subdivision will construct stormwater control facilities to conform to municipal code and design standards. Per the report “Stormwater will generally be conveyed using storm drain mains to ponds …” Changes to existing drainage conditions are proposed including relocating a remnant ditch adjacent to South 15th Avenue in to the “24” storm conveyance within the 15th Street ROW.” The existing temporary drainage pond located north of the roundabout on W Graf Street receives runoff from Graf Street and the subdivision to the south. “This pond will be filled in and the volume will be relocated to a temporary retention pond created northwest of the intersection of South 17th Avenue and Staudaher Street, eventually conveyed to a permanent basin along the northern boundary of the property.” Another temporary retention pond is proposed northwest of the intersection of Staudaher Street and South 15th Avenue. Code provision 10 details required development or maintenance of common areas and facilities to be maintained by the property owners’ association. 10a requires the property owners’ association to maintain all stormwater facilities outside of the public right-of-way and 175 24112 Staff Report for SRX II Subdivision Page 24 of 36 incorporate a maintenance plan into the association documents prior to final plat approval. This will ensure the proper maintenance of necessary stormwater infrastructure as the subdivision is developed and occupied. Agricultural water user facility – The applicant provided documentation of downstream agricultural water users and notification, in accordance with BMC 38.360.280, was provided to those users with this preliminary plat application. There is one surface water facility, which is classified as both a natural stream and a ditch used to convey water for agricultural uses, or a “stream-ditch,” that cross the subject property. The Mandeville Creek/Ditch is an irrigation ditch along the western side off the proposed subdivision and is the primary facility to be impacted with this application that is linked to agricultural water use, due to the development of Phase 1 and the required connection of Staudaher Street to South 19th Avenue. The facility along the eastern edge of the development, known as eastern channel of Middle Creek Ditch, also referred to as the “Drain Ditch” has been abandoned by the Middle Creek Ditch Company (MCDC). A letter from the president of MCDC was provided under Document 046.1, and a recorded extinguishment of the ditch easement was provided under Document 046. Agricultural water users and rights remain for Mandeville Creek along the west side of the property along South 19th Avenue. Pursuant to Sec. 38.410.060.D BMC, written approval must be obtained from the Middle Creek Ditch Company to pipe the existing ditch within the right of way at the intersection of Staudaher Street and South 19th Avenue prior to infrastructure approval. This requirement is outlined under code provision 11. An agricultural water user’s easement must be provided per code provision 18. The easements must be prepared as documents separate from the final plat but may be referenced on the final plat. Per code provision 18a and 18b, Alterations to agricultural water user facilities must be approved by all owners of the facility as required under MCA 70-17-112. Documentation of the approval must be provided for the alterations of the agricultural water user facilities prior to City infrastructure approval. Additionally, with the infrastructure submittal the applicant must identify the party responsible for the maintenance of the culvert and provide a maintenance plan for the pipe. If an entity other than the Owner/POA will be responsible, written approval for the design and maintenance plan must be provided prior to scheduling of the pre-construction conference for infrastructure improvements. These code provisions are required to ensure that downstream agricultural water users are not impacted, and appropriate access for maintenance is provided per state law. Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this subject property. The subdivision does not impact the City’s ability to provide emergency services to the subject property. The necessary addresses will be provided to enable 911 response to individual parcels prior to recording of the final plat. For lots subject to site plan review, addressing will be provided following the plan review process, and are dependent on the design and arrangement of buildings. Fire protection standards require installation of fire hydrants at designated spacing to ensure adequate protection. 176 24112 Staff Report for SRX II Subdivision Page 25 of 36 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement 17 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are generally located within dedicated street and alley right of ways. Easements for future roadways within restricted lot areas are required prior to final plat approval. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All the proposed lots in phase 1 will have frontage on public streets. Code provision 14 requires a 1’ no access strip along South 19th Avenue and West Graf Street except where road intersections are proposed. Access to Block 1 and Block 2 will be achieved from South 15th Avenue, South 17th Avenue, and Staudaher Street once constructed. Documentation of compliance with adopted standards 38.220.060 The Development Review Committee (DRC) completed a subdivision pre-application plan review on March 8, 2024 and no variances were requested. Two waivers were granted during pre-application review for BMC 38.220.060.A.7 for review of Agriculture, and BMC 38.220.060.A.17 for review of Miscellaneous standards. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water A jurisdictional water course and associated jurisdictional wetland, as determined by the Army Corps of Engineers, are present on the subject property. These are associated with the Middle Creek Ditch containing Mandeville Creek that runs along the west side of the property next to South 19th Avenue, and a wetland area in the center of the property identified formally as W-A or Wetland A in the jurisdictional determination contained in Document 047 and Document 047.1. Additional surface water present on the subject property includes an eastern channel of Middle Creek Ditch, located in the South 15th Avenue future right-of-way that was determined to be non-jurisdictional, and an existing stormwater pond just to the north of the existing roundabout on Graf Street. Additional analysis of the agricultural water user facilities and stormwater systems is located in subsection 4 above. A jurisdiction determination means that a Department of the Army 404 permit and approved mitigation plan for impacted areas of the wetland is required prior to commencement of construction activities. Page 8 of Document 044.01 contains an exhibit and calculation of impacted watercourse and wetland areas. To facilitate construction of infrastructure required to serve the subdivision 0.48 acres or 21,122 square feet of wetland area and 0.01 acres or 374 square feet of waterway are proposed to be impacted by the proposed subdivision. All impacts are proposed to allow construction of 177 24112 Staff Report for SRX II Subdivision Page 26 of 36 Staudaher Street and South 17th Avenue, and a portion are located on the future developable Lot 2, Block 2. A majority of Wetland A is located in Restricted Lot 1 and subject to further subdivision review prior to development. Proposed impacts, including the northern extension of South 17th Avenue to Arnold Street through the restricted lot with Phase 2, will be evaluated at the time of subdivision application for phase 2. Per Document 044.01 “The proposed fill of 0.49 acres within the 4.94-acre PEM wetland will result in a measurable loss of wetland area and function. To offset this loss, the USACE determined that 0.23 functional wetland credits must be purchased.” The City’s wetland consultant, Naiad Aquatic Consultants, LLC, provided scientific review of the applicant’s wetland delineation (Document 045) and associated response letters. Overall Naiad provided review of the initial wetland delineation and provided corrections on April 28, 2024. Three subsequent submittals were provided by the applicant and reviewed by Naiad. A final letter from Naiad was provided to the city and the applicants on July 18, 2025. This letter identifies ongoing protection measures to reduce impacts to the wetland hydroperiod, manage construction, and remove existing soil stockpiles from within the wetland area. These requirements are outlined in code provision 4 under Surface Water and required with the infrastructure plan set. Code provision 3 requires the applicant to contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required permits must be obtained by the applicant and provided to the Community Development Department prior to construction and/or final plat approval whichever is sooner. As outlined in the Ag. Water findings above written approval must be obtained from the Middle Creek Ditch Company to pipe the existing ditch within the right of way at the intersection of Staudaher Street and South 19th Avenue prior to infrastructure approval. 38.220.060.A.2 - Floodplains No floodplains are located on the subject property and no flood hazard evaluation was required by reviewing staff. 38.220.060.A.3 - Groundwater A groundwater investigation was completed May 2023 to September 2023 by Morrison Maierle and provided in the application documents under Document 016. 13 groundwater monitoring wells were recorded on the dates indicated in the report This report was evaluated by the Engineering Division against code requirements in Chapter 38 and engineering design manuals and was found to meet standards. Groundwater levels beneath the proposed subdivision experience seasonal variations but are generally relatively high. The groundwater levels onsite range between approximately 1 and 5 feet below existing grade based on well monitoring performed from May 2023 to September of 2023 and was highest during the spring runoff season. Storm treatment structures for the subdivision were designed with bottom elevations above the seasonal high ground water level to ensure they will drain as required. Code provision 6 describes the restrictions on crawl spaces, 178 24112 Staff Report for SRX II Subdivision Page 27 of 36 basements and sump pumps. These restrictions are required to be provided on the conditions of approval sheet on the plat as a requirement for all current and future lot owners. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. A geotechnical investigation report was provided by Rawhide Engineering Inc. and has been stamped and signed by a professional engineer registered in the State of Montana and reviewed by the Engineering Division for compliance with City standards. This is located in application Document 015. 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities were identified on site. A vegetation map is located in application Document 038. A summary of wetland and riparian plants on site was provided in Document 044. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. There are no known critical habitats on the property or observed or mapped threatened or endangered species. The aquatic resources on the property have been impacted by agricultural crop production and are used for irrigation water supply. The applicant provided a technical memo from Morrison Maierle, prepared environmental by scientists originally dated January 8, 2024. A letter from Montana Fish, Wildlife, and Parks (MT FWP) was provided and is dated November 22, 2023. MT FWP did not “have any fish and wildlife comments to provide at this time.” 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. The site is historically used for irrigated crops and no continuance of agricultural activities is proposed as the subdivision is developed through current and future phasing. The area is zoned for residential, commercial, and mixed uses under the REMU and B-2M zoning. Supplemental documentation of compliance with adopted standards per this section was waived with the pre-application review. No adjacent agricultural uses are present. 38.220.060.A.8 - Agricultural Water User Facilities See discussion above under primary review criteria. 38.220.060.A.9 - Water and Sewer Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. Also see discussion above under primary review criteria. 38.220.060.A.10 - Stormwater Management The stormwater infrastructure will be designed to meet City of Bozeman Standards. See discussion above under primary review criteria. 179 24112 Staff Report for SRX II Subdivision Page 28 of 36 38.220.060.A.11 - Streets, Roads and Alleys The subdivision will provide adequate improvements to support the proposed development and nearby areas by enhancing multi-modal transportation and providing local street access to proposed developable lots. Three local street are proposed within phase 1 of the subdivision. South 17th Avenue and South 15th Avenue are two north-south running local streets proposed within the subdivision. Staudaher Street is the east-west running local street. South 17th Avenue will continue the previously approved street section from the South University Phase 3 Subdivision to the north and will include 70 feet of right-of-way with on-street bike lanes and on-street parking. The abandoned ditch located within the South 15th Avenue right-of-way will be piped within the South 15th Avenue right-of-way to continue the historical stormwater flow path from subdivisions to the south. All infrastructure will be constructed in one phase. The applicant has requested concurrent construction for the 3 developable lots. The restricted lot will require further subdivision review. The concurrent construction letter lists required infrastructure improvements for concurrent construction and required improvements prior to final plat approval that may be financially guaranteed. A Traffic Impact Study (TIS) dated March 2024, stamped and signed by a professional engineer, was provided and evaluated by the reviewing engineer for compliance with adopted design standards and code requirements. This report includes an analysis of existing conditions for streets, intersections, bike and pedestrian facilities, intersection capacity, and crash history. This report also analyzes trip generation, trip distribution, and traffic impacts from the proposed subdivision and subsequent development including mitigation recommendations. This report found that “any network and bicycle/pedestrian improvements adjacent to the site should be constructed as consistent with recommendations in the Bozeman Transportation Master Plan (2017) and aligned with the design of adjacent facilities and developments.” Code provision 13 is related to traffic impacts and states that the proposed project is located within one-half mile of the intersection of South 19th Avenue and Stucky Road. The SRX II Subdivision Traffic Impact Study indicates the subject intersection will not meet the City's level of service standard at full buildout in the design year required per BMC 38.400.060.B.4. The intersection of South 19th Avenue and Stucky Road is scheduled for improvement in the City's Capital Improvement Plan within the next three years. Per BMC 38.270.070.C, the applicant must pay cash-in-lieu for the SRX II proportional share of the capital facility prior to Final Plat approval. Phase 2, or other adjacent development will be required to construct Arnold Street along the northern property boundary of the subject property. Other proposed mitigation requirements will be evaluated with subdivision review for the phase 2 restricted lot based on adopted standards at the time of application. Code provision 15 is related to bicycle and pedestrian movement and requires the applicant to widen the existing sidewalk to a 10-foot shared use path along West Graf Street adjacent to the development with the initial phase. The applicant must widen the existing sidewalk to a 10-foot shared use path along S 19th from West Graf Street to Staudaher Street with the initial phase. 180 24112 Staff Report for SRX II Subdivision Page 29 of 36 Development of the restricted lot will require additional expansion of the shared use path moving north. 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service connections from Northwestern Energy, Charter, and Yellowstone Fiber for the proposed subdivision. These responses are provided under application documents 39-41. 38.220.060.A.13 - Land Use The application has provided future land use data consistent with the REMU and B-2M zoning districts. Proposed land uses for the subdivision are primarily commercial mixed use and multi- household (multi-family). Exhibit 7 shows proposed uses over the entire subdivision. Block 1 is intended for mixed use and commercial development and is included in phase 1. Block 2 is intended for multi-household residential apartments and associated site improvements. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for REMU and B-2M Zoning. 38.220.060.A.14 - Parks and Recreation Facilities The proposed subdivision will provide cash-in-lieu of parkland dedication. The proposal meets the criteria of Commission Resolution 4784. The Parks Department reviewed the parkland proposal, also see the discussion above under the primary review criteria. 38.220.060.A.15 - Neighborhood Center Plan To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater, must have a neighborhood center. Developments may be exempted from this requirement if every lot within the development is within one-half mile of an existing neighborhood center. The proposed subdivision is within a half mile of Southwood Park with a required recreational trail connecting the subdivision to the park via the South 15th Avenue ROW with Phase 1. Additionally, Phase 1 Block 1 is zoned B-2M with future commercial and mixed- use development planned that will serve as a commercial center for the subdivision. Direct pedestrian access to the park will be available via the street and sidewalk network proposed with the subdivision layout with Phase 2 development through the restricted lot. 38.220.060.A.16 - Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) must be created prior to final plat application. Code provision 16 is related to this requirement. 38.220.060.A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be 181 24112 Staff Report for SRX II Subdivision Page 30 of 36 created with this development. Supplemental documentation of compliance with this adopted standard was waived during the pre-application review. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. Proposed future site development will be evaluated with the subsequent site plan application. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned REMU, Residential Emphasis Mixed Use. The intent of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and 182 24112 Staff Report for SRX II Subdivision Page 31 of 36 e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The proposed subdivision is appropriate for this zone because of the proposed residential development and the adjacent B-2M zoned commercial node that will create a walkable, mixed-use area. The proposed developable REMU zoned lots are subject to site plan review to achieve the purpose and intent of this zoning district. Per BMC 38.310.060.B a master site plan is required for REMU zoned properties greater than or equal to five acres in size prior to development. The purpose of the master site plan is to evaluate development against the REMU supplemental use provisions in BMC 38.310.060, and the REMU district special standards in BMC 38.330.020. The REMU district special standards provide minimum standards for development review intended to create urban public spaces and a vibrant public realm. The applicant provided a request to the Director of Community Development to waive this requirement as each lot will be developed independently with no 183 24112 Staff Report for SRX II Subdivision Page 32 of 36 shared common areas or design. This request was supported by the Director and by staff. The proposed developable REMU zoned lots in Block 2 will be subject to site plan review under a single developer and will not be associated with the development of the B-2M zoned lot. Restricted Lot 1 to the north is subject to further subdivision review. At the time of further development of that lot, the applicant may be required to submit a master site plan review in accordance with this code requirement. The subject property is also zoned B-2M, Community Business District – Mixed. The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian-oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The proposed subdivision is appropriate for this zone because it places a commercial node along a major arterial that can serve both the immediate neighborhood and the larger area south of the University. While development details for the B-2M zoned Phase 1 Block 1 lot are unknown at this time, B-2M allows a variety of commercial uses including restaurants, retail, offices, and services and encourages primary and secondary residential uses. Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) 184 24112 Staff Report for SRX II Subdivision Page 33 of 36 The subject property is designated as Urban Neighborhood for Restricted Lot 1 and Block 2. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. This proposed subdivision is well suited to implement the Urban Neighborhood designation by providing opportunities for residential develop along a busy arterial corridor and collector street adjacent to a B-2M commercial node. The proposed subdivision is also planning pedestrian and vehicular connections to nearby neighborhoods for a more complete transportation grid for all modes of travel. Density and individual uses will be evaluated at the time of development against the REMU zoning requirements. 185 24112 Staff Report for SRX II Subdivision Page 34 of 36 Block 1 of the subject property is designated as Community Commercial Mixed Use. The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. The proposed subdivision is well suited to implement the Community Commercial Mixed Use land use category by providing a developable lot for neighborhood commercial uses at the intersection of a busy arterial and collector street. This lot is subject to subsequent site plan review against the B-2M zoning district. Allowable uses in the associated B-2M district mean that the lot may develop with neighborhood commercial uses, mixed uses, high density residential uses, or a combination. Exhibit 7 contains the proposed land use plan. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1 Support well-planned, walkable neighborhoods. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services with new development. N-1.9 Ensure multimodal connections between adjacent developments. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. 186 24112 Staff Report for SRX II Subdivision Page 35 of 36 N-3.9 Ensure an adequate supply of appropriately designated land to accommodate Low Income Housing Tax Credit development in qualifying census tracts. DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options. DCD 2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application was submitted to the City of Bozeman by the applicant and owner, Providence Development, 1450 Twin Lakes Avenue, Suite 201, Bozeman, MT 59718. The subject property was recently re-zoned, and the growth policy was amended to facilitate the proposed zoning of B-2M and REMU. The below applications pertain to this previous work: • SRX II GPA 24195 • SRX II ZMA 24196 A public hearing to consider both applications was conducted on August 13, 2024. The agenda with links to the application materials can be found in the City’s public document repository. Both applications were approved by the City Commission. The subsequent resolution to amend the growth policy was adopted under Resolution 5639 on September 10, 2024 and the subsequent ordinance to change the zoning was completed on September 24, 2024 by final adoption of Ordinance 2170. The current zoning districts of REMU and B-2M used to evaluate this application were effective on October 24, 2024. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting per BMC 38.220.420, The City scheduled public notice for this application to begin on August 25, 2025. The applicant posted public notice on the subject property on August 22, 2025. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on August 21, 2025. No public comment had been received on this application as of the writing of this report. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Providence Development, 1450 Twin Lakes Avenue, Bozeman, MT 59718 Applicant: Same as Owner Representative: Same as Owner Report By: Danielle Garber, Senior Planner 187 24112 Staff Report for SRX II Subdivision Page 36 of 36 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. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. ATTACHMENTS The full application and file of record can be viewed digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at https://www.bozeman.net/departments/community-development/planning/project-information- portal, select the “Project Documents Folder” link and navigate to application 24112. Project documents are available at this direct link to the public Laserfiche archive for application 24112. Individual documents and drawings are also linked above in the body of the report. The following documents and drawings are available in the online public archive: • Preliminary Plat Sheet 1 • Preliminary Plat Sheet 2 • Preliminary Plat Sheet 3 • Phasing Exhibit – Phase 1 • Phasing Exhibit – Future Phase • Plat Narrative • Land use 188 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign the Notice of Award for Construction of the I-Ho Pomeroy Peace Park Project, to Haselden Montana Constructors, in the Amount of $533,476.28, and Final Contract Documents Once Received MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Authorize the City Manager to sign the Notice of Award for construction of the I-Ho Pomeroy Peace Park project, to Haselden Montana Constructors, in the amount of $533,476.28, and final contract documents once received. STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for partnerships with key business groups and non-profit organizations. BACKGROUND:The I-Ho Pomeroy Peace Park seeks to honor a beloved Bozeman City Commissioner while greatly enhancing one of downtown Bozeman’s only pocket parks located on the southeast corner of East Mendenhall Street and North Black Avenue. Park features will reflect Korean artistic elements and multi-modal elements such as new bike parking and bioretention bump outs for pedestrian safety and improved stormwater management, expanded planting areas, concrete seat walls, and site furniture. The project includes both on-site and off-site improvements. The attached Notice of Award follows a September 8th, 2025 bid opening. The Engineers Award Recommendation, Notice of Award, Bid Tabulation, and Design Drawings are attached. UNRESOLVED ISSUES:The final contract amount is currently being negotiated to reflect a waiver of permit fees, as the City's direct management will result in not charging residents for the work associated with a project they are already funding. Thus, the subsequent Construction Agreement will be executed administratively per the motion as written. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:This project will be paid for through a combination of funds from the Downtown Urban Renewal District, Parks Cash-in-Lieu of Parkland, STR20 Multimodal Improvements, the Stormwater Utility, a Montana Main Street Grant, and a Gallatin County Open Space Grant. 189 Attachments: Engineers Award Recommendation.pdf Notice of Award.pdf Bid Tabulation.pdf Design Drawings.pdf Report compiled on: September 16, 2025 190 September 23, 2025 Mr. Jon Henderson City of Bozeman 121 N Rouse Ave Bozeman, MT 59715 Reference: Bid Award Recommendation I-Ho Pomeroy Peace Park, Project No. 24006.03 Dear Jon: On September 8th, 2025, competitive bids for the above referenced project were accepted and publicly opened. Two bids were received. Listed below is a summary of the verified bids relative to the engineer’s opinion of probable cost: Bidder Base Bid Haselden Montana Constructors $533,476.28 AV Construction Inc. $410,136.40 Engineer’s Opinion of Probable Cost $340,315.51 The bid bond was not included in AV Construction’s submitted bid and therefore their bid was disqualified. Based on this review and funding currently available for the project, Sanbell recommends that the City of Bozeman move forward with a contract award to Haselden Montana Constructors for the base bid in the amount of $533,476.28. Attached are copies of the bid tabulation and the signed bid documents from Haselden Montana Constructors. Please call if you have any questions or would like further information. Sincerely, Kendra Piedalue, PLA, ASLA Placemaking Studio Manager | Senior Landscape Architect Attachments: Bid Tabulation Copy of Bid Documents 191 I-Ho Pomeroy Peace Park (#9822248) Owner: Bozeman MT, City of Solicitor: Sanbell 09/08/2025 03:00 PM MDT Engineer Estimate AV Construction Inc.Haselden Montana Constructors Section Title Line Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Schedule I: Park Improvements $152,126.04 $255,190.00 $269,108.26 100 100 Mobilization and Insurance LS 1 $18,150.00 $18,150.00 $30,000.00 $30,000.00 $56,241.74 $56,241.74 101 101 Stormwater Management and Erosion Control LS 1 $3,000.00 $3,000.00 $950.00 $950.00 $1,078.38 $1,078.38 102 102 Archways LS 1 $10,000.00 $10,000.00 $69,000.00 $69,000.00 $15,782.15 $15,782.15 103 103 Irrigation Sleeving LS 1 $1,050.00 $1,050.00 $3,000.00 $3,000.00 $4,151.78 $4,151.78 104 104 Rock, Debris, Tree, and Concrete Removal LS 1 $3,189.00 $3,189.00 $11,000.00 $11,000.00 $14,234.67 $14,234.67 105 105 Infiltration gravel CY 27 $65.00 $1,755.00 $130.00 $3,510.00 $65.24 $1,761.48 106 106 Topsoil & Compost CY 75 $72.50 $5,437.50 $130.00 $9,750.00 $56.08 $4,206.00 107 107 Saw Cut Asphalt LS 1 $2,000.00 $2,000.00 $450.00 $450.00 $2,016.58 $2,016.58 108 108 Filter Fabric SF 515 $0.24 $123.60 $2.40 $1,236.00 $1.08 $556.20 109 109 Grade Prep SF 1950.00000 $1.41 $2,749.50 $1.50 $2,925.00 $0.26 $507.00 110 110 Rock Mulch CY 13 $204.60 $2,659.80 $200.00 $2,600.00 $158.52 $2,060.76 111 111 Area for Drip LS 1 $1,700.00 $1,700.00 $4,800.00 $4,800.00 $6,250.32 $6,250.32 112 112 Trees EA 4 $387.00 $1,548.00 $1,324.00 $5,296.00 $1,444.23 $5,776.92 113 113 5 Gallon Shrubs EA 22 $36.60 $805.20 $118.00 $2,596.00 $103.52 $2,277.44 114 114 1 Gallon Perennials EA 101 $10.50 $1,060.50 $66.00 $6,666.00 $31.27 $3,158.27 115 115 1 Gallon Grasses EA 70 $9.60 $672.00 $67.00 $4,690.00 $31.27 $2,188.90 116 116 Benches EA 3 $2,000.00 $6,000.00 $6,000.00 $18,000.00 $5,419.96 $16,259.88 117 117 Boulders Delivered and Installed TONS 6 $1,082.00 $6,492.00 $900.00 $5,400.00 $1,065.44 $6,392.64 118 118 Skate Stops EA 28 $35.00 $980.00 $72.00 $2,016.00 $100.14 $2,803.92 119 119 Concrete Seat Wall & Concrete Edging CY 19 $1,400.00 $26,600.00 $1,700.00 $32,300.00 $3,297.59 $62,654.21 120 120 Planters EA 3 $86.40 $259.20 $285.00 $855.00 $235.09 $705.27 121 121 Sign Letters LS 1 $24.53 $24.53 $2,340.00 $2,340.00 $7,370.76 $7,370.76 122 122 Custom Metal Work Art Panels LS 1 $5,250.00 $5,250.00 $6,900.00 $6,900.00 $2,884.68 $2,884.68 123 123 Pavers & Removal, Storage, and Reinstallation of Ex. Pavers SF 208 $58.16 $12,097.28 $29.00 $6,032.00 $57.15 $11,887.20 124 124 Landscape Labor & Equipment LS 1 $26,741.00 $26,741.00 $4,300.00 $4,300.00 $20,838.70 $20,838.70 125 125 Bike Racks EA 4 $199.00 $796.00 $1,500.00 $6,000.00 $1,097.80 $4,391.20 126 126 Peace Pole Installation EA 1 $500.00 $500.00 $2,200.00 $2,200.00 $1,148.48 $1,148.48 127 127 Arborist LS 1 $1,600.00 $1,600.00 $650.00 $650.00 $636.25 $636.25 128 128 Asphalt Removal SF 368 $5.36 $1,972.48 $6.00 $2,208.00 $5.08 $1,869.44 129 129 6" Header Curb LF 55 $32.95 $1,812.25 $52.00 $2,860.00 $35.22 $1,937.10 130 130 Relocate ADA Sign EA 1 $1,150.00 $1,150.00 $325.00 $325.00 $1,126.91 $1,126.91 131 131 Striping LS 1 $900.00 $900.00 $975.00 $975.00 $978.63 $978.63 132 132 4" Sidewalk Including Base Gravel SF 160 $19.07 $3,051.20 $21.00 $3,360.00 $18.59 $2,974.40 192 Schedule II: Street Improvements $36,620.75 $36,090.00 $91,047.99 200 200 Mobilization and Insurance LS 1 $7,150.00 $7,150.00 $4,500.00 $4,500.00 $41,704.25 $41,704.25 201 201 Traffic Control Street Improvements LS 1 $6,750.00 $6,750.00 $2,300.00 $2,300.00 $13,048.45 $13,048.45 202 202 Permit & Asphalt Demo, Removal Replace (1547 sf)LS 1 $14,560.75 $14,560.75 $8,000.00 $8,000.00 $20,111.64 $20,111.64 203 203 Delineators EA 6 $360.00 $2,160.00 $165.00 $990.00 $415.18 $2,491.08 204 204 Pavement Marking Removal LS 1 $3,000.00 $3,000.00 $4,700.00 $4,700.00 $7,527.18 $7,527.18 205 205 Striping - Intersection and Curb Painting LS 1 $3,000.00 $3,000.00 $15,600.00 $15,600.00 $6,165.39 $6,165.39 Schedule III: Stormwater Improvements $151,568.72 $118,856.40 $173,320.03 300 300 Mobilization and Insurance LS 1 $17,300.00 $17,300.00 $15,000.00 $15,000.00 $37,987.70 $37,987.70 301 301 Traffic Control Street Improvements LS 1 $12,500.00 $12,500.00 $2,300.00 $2,300.00 $11,862.23 $11,862.23 302 302 Concrete Washout LS 1 $4,500.00 $4,500.00 $650.00 $650.00 $539.19 $539.19 303 303 Sawcut Asphalt, 1' Millback Asphalt @ 1.5" Depth (155lf), 1.5" Base Course Gravel, 4" Asphalt Replacement LS 1 $14,712.11 $14,712.11 $12,000.00 $12,000.00 $19,318.23 $19,318.23 304 304 Curb and Gutter Demo & Removal LF 115 $6.00 $690.00 $13.00 $1,495.00 $25.79 $2,965.85 305 305 Stormwater Management and Erosion Control LS 1 $9,800.00 $9,800.00 $950.00 $950.00 $1,078.38 $1,078.38 306 306 Standard Curb & Gutter w/ rundowns LF 130 $42.65 $5,544.50 $65.00 $8,450.00 $41.76 $5,428.80 307 307 6" Header Curb LF 100 $32.95 $3,295.00 $39.00 $3,900.00 $29.66 $2,966.00 308 308 18" Header Curb LF 60 $44.23 $2,653.80 $60.00 $3,600.00 $36.54 $2,192.40 309 309 Reset Existing Sign Posts EA 1 $1,115.00 $1,115.00 $390.00 $390.00 $1,245.53 $1,245.53 310 310 Standard ADA Ramp w/ Truncated Domes EA 2 $978.34 $1,956.68 $1,560.00 $3,120.00 $3,855.22 $7,710.44 311 311 Unclassified Excavation/Haul/ Import CY 77 $43.63 $3,359.51 $42.00 $3,234.00 $66.43 $5,115.11 312 312 Area Drain EA 2 $10,000.00 $20,000.00 $8,900.00 $17,800.00 $8,896.67 $17,793.34 313 313 Dry Well EA 1 $12,000.00 $12,000.00 $5,200.00 $5,200.00 $8,896.67 $8,896.67 314 314 Infiltration Gravels CY 65 $65.00 $4,225.00 $82.00 $5,330.00 $65.24 $4,240.60 315 315 Connect Area Drain to Existing Pipe EA 2 $2,633.00 $5,266.00 $1,500.00 $3,000.00 $2,965.56 $5,931.12 316 316 4" Sidewalk Including Base Gravel SF 400 $19.07 $7,628.00 $21.00 $8,400.00 $23.03 $9,212.00 317 317 Landscape Labor & Equipment LS 1 $12,687.00 $12,687.00 $5,100.00 $5,100.00 $9,317.24 $9,317.24 318 318 Filter Fabric SF 1918.00000 $0.24 $460.32 $0.80 $1,534.40 $0.40 $767.20 319 319 Rock Mulch CY 17 $204.60 $3,478.20 $195.00 $3,315.00 $121.67 $2,068.39 320 320 Area for Drip LS 1 $1,700.00 $1,700.00 $3,250.00 $3,250.00 $2,694.88 $2,694.88 321 321 1 Gallon Grasses EA 58 $9.60 $556.80 $25.00 $1,450.00 $31.27 $1,813.66 322 322 1 Gallon Perennials EA 16 $12.30 $196.80 $23.00 $368.00 $31.27 $500.32 323 323 Boulders Delivered and Installed TONS 2 $1,082.00 $2,164.00 $1,000.00 $2,000.00 $1,065.44 $2,130.88 324 324 6" D50 River Rock Cobble CY 3 $27.50 $82.50 $130.00 $390.00 $193.03 $579.09 325 325 Topsoil & Compost CY 51 $72.50 $3,697.50 $130.00 $6,630.00 $175.78 $8,964.78 Base Bid Total:$340,315.51 $410,136.40 $533,476.28 193 194 195 196 197 198 NOTICE OF AWARD Dated: October 7, 2025 TO: Haselden Montana Constructors, LLC ADDRESS: 1174 Stoneridge Drive, Suite 202, Bozeman, MT 59718 PROJECT: I-Ho Pomeroy Peace Park CONTRACT FOR: Schedules I, II, and III You are notified that your Bid dated September 8th, 2025, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: I-Ho Pomeroy Peace Park Project. The Contract Price of your Contract is: Five Hundred Thirty-Three Thousand Four Hundred Seventy-Six Dollars and 28/100 ($533,476.28). Three (3) copies of the proposed Contract Documents accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by October 22, 2025 . 1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (page 6), General Conditions (paragraph 6.01) and Supplementary Conditions (paragraph SC- 6.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 6.02 – 6.03) and Supplementary Conditions (paragraph SC-6.02 – 6.03). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK) DATE: _______________________________ 199 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: Haselden Montana Constructors X X $533,476.28 AV Construction Inc.X No $410,136.40 Alex Newby Kendra Piedalue Deputy City Clerk Project Coordinator Bid Check:Delivered to Finance:Accepted By:Date: BID - I-Ho Pomeroy Peace Park 2025 These bids were opened and read before the undersigned at 3:00 pm on Monday, September 8, 2025. Docusign Envelope ID: 59272C9C-D4C3-42BA-9B27-F1E84C3DF21CDocusign Envelope ID: BB1EADFB-CA5B-4B47-A3CB-D81EDDDA5024 200528 E MENDENHALL STE MAIN STE BABCOCK STE LAMME STS ROUSE AVE S BOZEMAN AVES BLACK AVES TRACY AVES WILSON AVEVICINITY MAPPREPARED FOR:SITEDOWNTOWN BOZEMAN PARTNERSHIPBOZEMAN, MONTANA 59715222 EAST MAIN STREET, #302BOZEMAN, MONTANAI-HO POMEROY PEACE PARKPOCKET PARK AND PARKING LOT IMPROVEMENTS106 EAST MENDENHALL STREET106 East Babcock, Suite L1Bozeman, Montana 59715406.522.9876sanbell.comC1.1FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION24006_03------BID SETSITE PLAN MOD 2----08-05-202505-19-2025SITE PLAN MOD02-18-2025DE/KA/TH24006_03_COVER.DWGCN/KPGENERAL NOTES1.THE CONTRACTOR SHALL OBTAIN, AT THEIR OWN EXPENSE, APPLICABLE LICENSES, STANDARDS, PERMITS, ETC.WHICH ARE NECESSARY TO PERFORM THE WORK.2.THE CONTRACTOR SHALL LOCATE, CLEARLY MARK AND MAINTAIN EXISTING UTILITIES ON THE SITE PRIOR TO WORKSTART UP. CALL FOR UTILITY LOCATES PRIOR TO COMMENCING WORK.3.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROTECTION OF ALL UTILITIES AND REPAIR OF UTILITIES IFDAMAGED. REPAIR SHALL BE DONE AT NO ADDITIONAL COST TO THE OWNER4.ALL DIMENSIONS SHALL BE FIELD VERIFIED BY CONTRACTOR PRIOR TO CONSTRUCTION. ANY DEVIATION FROMTHESE PLANS MUST BE APPROVED BY OWNER OR LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION.5.LIMIT OF WORK IS AS INDICATED ON THE PLANS.6.COORDINATE SITE ACCESS, STAGING, STORAGE AND CLEANOUT AREAS WITH OWNER'S REPRESENTATIVE.24006_03BID SETPROJECT NO:CONCEPT MODEL - FOR REFERENCE ONLYSHEETTITLEC1.1COVERC1.2LEGEND, NOTES AND ABBREVIATIONSC2.1EXISTING CONDITIONS & DEMOLITION PLANC3.1OVERALL SITE PLANC3.2SITE PLANC4.1STORMWATER PLANC5.1GRADING PLANC7.1DETAILSC7.2DETAILSL1.1MATERIALS AND LAYOUT PLANL2.1PLANTING NOTES AND SCHEDULEL2.2PLANTING PLANL3.1LANDSCAPE DETAILSL3.2LANDSCAPE DETAILSL3.3LANDSCAPE DETAILSL4.1IRRIGATION NOTESL4.2IRRIGATION PLANL5.1IRRIGATION DETAILS02/14/2025P:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_COVER.dwg, C1.1 COVER, 8/5/2025 9:36:08 AM, amartoncik, 1:1 201 CATCH CURBSPILL CURBTRANSITION FROM CATCHTAPER CURB HEAD 3'TO SPILL CURBGRADING PLANELECTRIC JUNCTION BOXEXISTING STORM DRAIN MANHOLEEXISTING CATCH BASINSIGNPOWER POLEEXISTING WATER VALVEEXISTING FIRE HYDRANTBOLLARDBUSHEXISTING CURB STOPFIRE DEPT. CONNECTIONFIBER OPTIC PEDESTALGAS METERGAS MANHOLEGAS VALVEGUYWIREIRRIGATION VALVEIRRIGATION BOXLIGHT POLEPOWER METERPOWER MANHOLEELECTRIC PEDESTALPROPOSED ROOF DRAINSIGNAL POLEEXISTING SANITARY SEWER MANHOLEPROPOSED SANITARY SEWER CLEAN OUTTELEPHONE BOXTELEPHONE MANHOLETELEPHONE PEDESTALTRANSFORMERCONIFEROUS TREEDECIDUOUS TREECOMMUNICATIONS MANHOLECOMMUNICATIONS PEDESTALWELLYARD HYDRANTEW = FINISHED GRADE AT EDGE OF WALKTC = FINISHED GRADE AT TOP BACK OF CURBBC = FINISHED GRADE AT BUILDING CORNERTW = FINISHED GRADE AT TOP OF WALLAC = FINISHED GRADE AT ASPHALTEA = FINISHED GRADE AT EDGE OF ASPHALTEC = FINISHED GRADE AT EDGE OF CONCRETESDI = STORM DRAIN INLETSDMH = STORM DRAIN MANHOLEFL = FINISHED GRADE AT FLOWLINEFG = FINISHED GRADE EX = APPROXIMATE EXISTING ELEVATIONPOC = POINT ON CURVEEXISTING WATER REDUCERGAS WELLFOUND CORNER MONUMENT AS NOTEDSET CORNER MONUMENT, REBAR WITH CAPBENCHMARKSECTION QUARTER CORNERSECTION CORNERWTR = WATERPI = POINT OF INTERSECTIONPRC = POINT OF REVERSE CURVERT = RIGHTLT = LEFTSS = SANITARY SEWERPT = POINT OF TANGENCYSD = STORM DRAINGV = GATE VALVEBFV = BUTTERFLY VALVERED = REDUCERLF = LINEAL FOOTFT = FEETSSMH = SANITARY SEWER MANHOLEBVC = BEGIN VERTICAL CURVECS = CURB STOPEVC = END VERTICAL CURVEPVI = POINT OF VERTICAL INTERSECTIONLINETYPESABBREVIATIONSSYMBOLSPROPOSED CATCH BASINPROPOSED WATER REDUCERPROPOSED WATER VALVEPROPOSED FIRE HYDRANTPROPOSED CURB STOPPROPOSED SANITARY SEWER MANHOLEPROPOSED STORM DRAIN MANHOLEKEYNOTE CALL OUT(SEE KEYNOTE LEGEND)SRVC = SERVICE(TYP.) = TYPICALPC = POINT OF CURVATUREEXISTING MONUMENT BOXPROPOSED MONUMENT BOXNOTE:-EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BESTINFORMATION AVAILABLE TO THE ENGINEER. THE ENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCHINFORMATION. SERVICE LINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BESTRAIGHT LINES OR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITYCOMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS.-ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARDSPECIFICATIONS 7TH EDITION, APRIL, 2021, AND THE CITY OF BOZEMAN STANDARD MODIFICATIONS, DATEDOCTOBER, 2024, WITH ADDENDUM.-UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THERESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED IN THE STATE WHERE THE PROJECT IS LOCATED AND BY APARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTION LAYOUT AND STAKING TECHNIQUESAS ARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEING PERFORMED.GR = EXISTING GRADE AT GROUNDBRK = GRADE BREAKFIBER OPTICGAS PIPELINEOIL PIPELINEUNDERGROUND POWERSANITARY SEWERSTORM DRAINTELEPHONETELEVISION/CABLEWATERCONTOUROVERHEAD POWERFENCE - VINYLFENCE - BARBED WIREFENCE - WOODCURB AND GUTTEREDGE OF ASPHALTEDGE OF GRAVELFENCE - CHAINLINK/WOVEN WIREEXISTINGPROPOSEDHP = HIGH POINTDEMO AREAPROPOSED ASPHALTPROPOSED CONCRETEPROPOSED GRAVELTOP OF CURB - 0.62' = LIPTOP OF CURB - 0.57' = FLOWLINESPILL CURB TOP OF CURB - 0.46' = LIPTOP OF CURB - 0.51' = FLOWLINECATCH CURB BID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET LEGEND, NOTES AND ABBREVIATIONS I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAC1.2CN/KP 24006_03_COVER.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03EXISTING WATER MANHOLEWATER METERLIQUID PROPANE PIPELINEPROPOSED STORM DRAIN CLEAN OUTP:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_COVER.dwg, C1.2 LEGEND NOTES AND ABBREVIATIONS, 8/5/2025 9:36:10 AM, amartoncik, 1:1 202 CODEDESCRIPTIONPROPOSED CONSTRUCTION STAGING AREAPROTECT EXISTING LIGHT POLES AND FOOTINGSPROTECT EXISTING SIDEWALKSPROTECT EXISTING STORM INLET AND DRAIN PIPEPROTECT EXISTING CURBSPROTECT EXISTING TREESPROTECT EXISTING PAVERS - TO BE STORED FOR REINSTALLATION IFREMOVED DURING CONSTRUCTIONPROTECT EXISTING CONCRETE EDGINGPROTECT EXISTING SIGNSPROTECT EXISTING IRRIGATION VALVES AND BOULDERSPROTECT EXISTING POWER LINES AND FIBER OPTIC LINESPROTECT EXISTING MULCH AND RIVER ROCK - TO BE STORED FORREINSTALLATION IF REMOVED DURING CONSTRUCTIONPROTECT EXISTING SHRUBSPROTECT EXISTING TREE GRATEREMOVE EXISTING SIDEWALKS AND CURB RAMPREMOVE EXISTING CURBSREMOVE EXISTING ASPHALTREMOVE EXISTING CONCRETE BENCH PAD AND EDGINGREMOVE EXISTING TURFREMOVE EXISTING ROCK MULCHREMOVE EXISTING TREEREMOVE EXISTING STORM INLET - TO BE REPLACEDDEMO EXISTING STRIPINGRELOCATE SHRUBS AS REQUIRED(2) BENCHES AND PLANTERS TO BE REMOVED AND STORED BY CITYREMOVE, RELOCATE, AND REINSTALL EXISTING ADA PARKING SIGN1234567891011121314151617181920212223242526E MENDENHALL STN BLACK AVE 1299418622151781756161966163710113924251492012181255522222313HAND EXCAVATE AREA DUETO EX. TREE AND FIBER OPTIC16HAND EXCAVATE AREA DUE TO EX. TREE1612HAND EXCAVATE AREA DUE TO EX. TREEAS REQUIRED FOR TURF REMOVAL ANDBIKE PARKING AREA CONSTRUCTION232326COORDINATE WITH THE CITY OFBOZEMAN FORESTRY TO TRIM BACKTREE AROUND DECORATIVE STREETLIGHTDEMO AREALIMIT OF WORKPROPOSED CONSTRUCTION STAGINGAREA - FINAL CONSTRUCTIONMANAGEMENT PLAN BYCONTRACTOR2113PROTECT EXISTING POCKETPARK PAVING, WALLS, SITEFURNITURE, ETC.BID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET EXISTING CONDITIONS & DEMOLITION PLAN I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAC2.1CN/KP 24006_03_EXISTING_PROD.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03UULCDEMOLITION NOTES1.ALL ITEMS INDICATED FOR REMOVAL AND EXCESS ITEMS SHALL BE DISPOSED OF BY THE CONTRACTOR OFFSITE, LEGALLY AS PER SPECIFICATIONS. ITEMS TO BE REMOVED ARE INDICATED ON THE DRAWINGS BUTMAY ALSO INCLUDE: TRASH, RUBBISH, STONES OVER 6” DIA., UNDERGROUND PIPING AND OTHERMISCELLANEOUS ITEMS PRESENT.2.CLEAR AND GRUB AREAS DISTURBED BY NEW CONSTRUCTION. SITE PREPARATION WITHIN AREAS OF TREEPROTECTION FENCING AND OTHERWISE NOTED AREAS SHALL BE DONE BY HAND.3.CONTRACTOR SHALL TAKE ALL NECESSARY PRECAUTIONS TO PROTECT EXISTING ROADWAYS, WALKS, CURBAND GUTTER, SIGNS, UTILITIES AND VEGETATION. DAMAGE TO EXISTING FEATURES CAUSED BYCONSTRUCTION ACTIVITIES SHALL BE REPLACED AT THE CONTRACTOR’S EXPENSE.4.IF IRRIGATION ZONES MUST BE DEACTIVATED DURING CONSTRUCTION, MANUALLY WATER ALL AFFECTEDLANDSCAPE AREAS TO MAINTAIN A HEALTHY AND VIGOROUS CONDITION.5.CONTRACTOR SHALL PROTECT ALL EXISTING TREES TO REMAIN AS INDICATED ON PLANS.6.CONTRACTOR SHALL NOT DISTURB AREAS OUTSIDE OF LIMIT OF WORK.7.CONTRACTOR SHALL GRIND ALL EXISTING TREE STUMPS TO 18” BELOW GRADE.8.CONTRACTOR SHALL STRIP AREAS TO BE DISTURBED OF TOPSOIL (APPROX. 6”) AND STOCKPILE ON SITE, INLOCATION APPROVED BY OWNER’S REPRESENTATIVE. ALL STOCKPILES TO REMAIN WEED FREE. RE-SPREADTOPSOIL IN AREAS TO BE SEEDED.010SCALE: 1" = 10'20510DEMOLITION LEGENDDEMOLITION KEY NOTESSOUTH POCKET PARKP:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_EXISTING_PROD.dwg, C2.1 EXISTING CONDITIONS & DEMOLITION PLAN, 8/5/2025 9:36:28 AM, amartoncik, 1:1 203 E MENDENHALL STN BLACK AVE E MENDENHALL STN BLACK AVE NORTH POCKET PARKSOUTH POCKET PARKBLACK PUBLIC PARKING LOTBID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET OVERALL SITE PLAN I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAC3.1CN/KP 24006.03_OVERALL_PROD.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03010SCALE: 1" = 10'20510UULCP:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006.03_OVERALL_PROD.DWG, C3.1 OVERALL SITE PLAN, 8/5/2025 9:36:47 AM, amartoncik, 1:1 204 BID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET SITE PLAN I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAC3.2CN/KP 24006_03_SITE_PROD.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03010SCALE: 1" = 10'20510P:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_SITE_PROD.dwg, C3.2 SITE PLAN, 8/5/2025 9:37:08 AM, amartoncik, 1:1 205 BID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET STORMWATER PLAN I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAC4.1CN/KP 24006_03_STORM_PROD.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_0305SCALE: 1"=5'1035P:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_STORM_PROD.dwg, C4.1 STORMWATER PLAN, 8/5/2025 9:37:30 AM, amartoncik, 1:1 206 E MENDENHALL STN BLACK AVE E MENDENHALL STN BLACK AVE DRY WELLTIE INTO EX. CURBTIE INTO EX. SIDEWALKTIE INTO EX. SIDEWALKCURB CUTCURB CUTCURB CUTCURB CUTTIE INTO THE EX. PAVERSTIE INTO EX. CURBBID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET GRADING PLAN I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAC5.1CN/KP 24006_03_GRADING_PROD.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03UULC010SCALE: 1" = 10'20510P:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_GRADING_PROD.dwg, L1.3 GRADING PLAN, 8/5/2025 9:37:49 AM, amartoncik, 1:1 207 BID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET DETAILS I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAC7.1CN/KP 24006_03_DETAIL_PROD.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03 P:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_DETAIL_PROD.dwg, C7.1 DETAILS, 8/5/2025 9:38:08 AM, amartoncik, 1:1 208 BID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET DETAILS I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAC7.2CN/KP 24006_03_DETAIL_PROD.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03 P:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_DETAIL_PROD.dwg, C7.2 DETAILS, 8/5/2025 9:38:11 AM, amartoncik, 1:1 209 SYMBOLCODEDESCRIPTIONQTYROCK MULCH - MATCH EXISTING1,595 SFPAVERS - MATCH EXISTING208 SF1002001L3.34L3.12L3.1E MENDENHALL STN BLACK AVE 8.00'5.94'13.26'40.00'8.00'2.00'10.00'2.00'10.00'2.00'10.00'2.00'6.02'14.68'5L3.22001001002001001001004.00'E MENDENHALL STN BLACK AVE HONGSALMUN ARCHES1L3.2BOULDER3L3.2BIKE RACK8L3.1ROCK MULCHTREE VAULT SECTIONTREE GUARD5L3.2CONCRETE SEAT WALL5L3.2CONCRETE SEAT WALLCONCRETE SEAT WALL7L3.2PEACE POLE4L3.2PAVERS2L3.2BENCH - PAVER EXTENSIONMOUNT ON PAVERSEX. TREE GRATESEE CIVIL FOR SIDEWALK,RAMP, AND BUMP OUT LAYOUTCONCRETE PAVING - SEE CIVILCENTER BIKE PARKING AREABETWEEN EXISTING TREES2.00'6.00'6.00'EQ.EQ.EQ.EQ.CENTER SEAT WALLBETWEEN EXISTINGTREESCONCRETE PAVING - SEE CIVIL3L3.3STEEL SIGN AND ART -INTERNAL SEAT WALL10L3.2STEEL ART - SEAT WALLS10L3.2STEEL ART - SEAT WALLS1L3.3HONGSALMUN ARCHES8.14'SIGHT TRIANGLESIGHT TRIANGLESIGHT TRIANGLEPLANTER BY OWNER, TYP.100100100COBBLE - SEE CIVILBID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET MATERIALS AND LAYOUT PLAN I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAL1.1CN/KP 24006_03_LS_PROD.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03UULC LAYOUT NOTES1.ALL SITE IMPROVEMENTS SHALL BE FIELD SURVEYED AND STAKED BY CONTRACTOR. RECEIVE OWNER’SREPRESENTATIVE APPROVAL OF STAKED LOCATIONS OF IMPROVEMENTS PRIOR TO INSTALLATION START-UP.2.RECEIVE OWNER’S REPRESENTATIVE APPROVAL OF FINAL STAKING BY CONTRACTOR OF ALL CONCRETEFLATWORK PRIOR TO CONSTRUCTION AND ALL FORM WORK PRIOR TO POURING.3.ALL DIMENSIONS SHALL BE VERIFIED BY CONTRACTOR PRIOR TO CONSTRUCTION. ANY DEVIATION FROM THESEPLANS MUST BE APPROVED BY OWNER’S REPRESENTATIVE PRIOR TO CONSTRUCTION.4.PRIOR TO EXCAVATION, UNDERGROUND UTILITIES SHALL BE FIELD VERIFIED.5.NOTIFY OWNER’S REPRESENTATIVE IMMEDIATELY OF ANY DISCREPANCY BETWEEN WRITTEN COORDINATEPOINTS/ELEVATIONS AND DIGITAL INFORMATION.6.ALL CONTROL JOINTS SHALL BE SAWCUT AND SPACED AS INDICATED ON THE DRAWINGS AND DETAILS.EXPANSION JOINTS SHALL BE PLACED AS INDICATED ON THE DRAWINGS OR EVERY 80’.LEGEND010SCALE: 1" = 10'510MATERIAL NOTES1.MATERIAL QUANTITIES SHOWN IN SCHEDULE FOR REFERENCE PURPOSES. CONTRACTOR TO SELF-VERIFYMATERIAL AMOUNTS AND TOTALS BASED ON PLAN REVIEW.2.CONTRACTOR TO SUBMIT MATERIAL SAMPLES FOR APPROVAL BY LANDSCAPE ARCHITECTURE. ALL MATERIALSSHALL COMPLY WITH THEIR RESPECTIVE AND APPLICABLE STANDARDS.P:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_LS_PROD.dwg, L1.1 MATERIALS AND LAYOUT PLAN, 8/5/2025 9:38:35 AM, amartoncik, 1:1 210 SYMBOLCODEBOTANICAL / COMMON NAMESIZECONTR.PFQTYREMARKSTREESASACER SACCHARUM / SUGAR MAPLE1.5" CALB&B0.6160'-75' HT 40'-50' WDPCPRUNUS X CISTENA / PURPLE LEAF SAND CHERRY SINGLE STEM1.5" CALB&B0.336'-10' HT 6'-10' WDSHRUBSRGRIBES ALPINUM 'GREEN MOUND' / GREEN MOUND ALPINE CURRANT5 GAL0.3122'-3' HT 1'-3' WDSNSPIRAEA NIPPONICA 'SNOWMOUND' / SNOWMOUND SPIREA5 GAL0.6102'-3' HT 1'-3' WDGRASSESCKCALAMAGROSTIS X ACUTIFLORA 'KARL FOERSTER' / KARL FOERSTER FEATHER REED GRASS1 GAL0.3453'-4' HT 1'-2' WDDTDESCHAMPSIA CESPITOSA / TUFTED HAIR GRASS1 GAL0.6261'-3' HT 1'-3' WDHSHELICTOTRICHON SEMPERVIRENS / BLUE OAT GRASS1 GAL0.3242'-3' HT 1'-3' WDSHSPOROBOLUS HETEROLEPIS / PRAIRIE DROPSEED1 GAL0.3372'-3' HT 1'-3' WDPERENNIALSERECHINOPS RITRO / GLOBE THISTLE1 GAL0.132'-4' HT 1'-2' WDEAERYNGIUM AMETHYSTINUM / AMETHYST ERYNGO1 GAL0.1151'-2' HT 1'-2' WDHOHEMEROCALLIS X 'STELLA DE ORO' / STELLA DE ORO DAYLILY1 GAL0.3341'-2' HT 1'-3' WDIRIRIS MISSOURIENSIS 'ROCKY MOUNTAIN' / WESTERN BLUE IRIS1 GAL0.6161'-3' HT 1'-2' WDSPSALVIA NEMOROSA / MEADOW SAGE1 GAL0.3431'-2' HT 1'-2' WDBID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET PLANTING NOTES AND SCHEDULE I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAL2.1CN/KP 24006_03_LS_PLANTING.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03UULC PLANTING SCHEDULEPLANTING NOTES1.THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL PLANT QUANTITIES. GRAPHIC QUANTITIES TAKEPRECEDENCE OVER WRITTEN QUANTITIES.2.ALL LANDSCAPE AREAS SHALL RECEIVE SOIL PREPARATION AS SPECIFIED.3.ALL EXISTING GRASS STAND AREAS DISTURBED BY CONSTRUCTION OPERATIONS SHALL BE SOIL PREPAREDAND SEEDED BY THE CONTRACTOR.4.EXISTING TURF AREAS THAT ARE DISTURBED DURING CONSTRUCTION, ESTABLISHMENT AND THEMAINTENANCE PERIOD SHALL BE RESTORED WITH NEW SOD TO MATCH EXISTING TURF SPECIES.5.ALL LANDSCAPE MATERIALS SHALL BE INSTALLED ACCORDING TO SOUND HORTICULTURAL PRACTICES ANDAMERICAN NURSERY STANDARDS IN A MANNER DESIGNED TO ENCOURAGE QUICK ESTABLISHMENT ANDHEALTHY GROWTH.6.REPAIR DISTURBED AREAS BENEATH SHRUBS BY HAND.7.REPAIR STAGING AREA.8.CONTRACTOR SHALL COORDINATE IRRIGATION AND PLANTING WORK SUCH THAT INSTALLED IRRIGATIONEQUIPMENT SHALL NOT CAUSE ADJUSTMENT OF PLANTING LOCATIONS CONTRARY TO THE PLANS. IFIRRIGATION EQUIPMENT IS INSTALLED IN LOCATIONS OBSTRUCTING THE INTENDED LOCATIONS OF THEPLANTINGS, NOTIFY THE LANDSCAPE ARCHITECT FOR CLARIFICATION.9.THE CONTRACTOR SHALL WARRANTY ALL CONTRACTED WORK AND MATERIALS FOR A PERIOD OF TWO YEARSWITHIN THE PUBLIC RIGHT-OF-WAY AFTER SUBSTANTIAL COMPLETION HAS BEEN ISSUED BY THE OWNER'SREPRESENTATIVE FOR THE ENTIRE PROJECT UNLESS OTHERWISE SPECIFIED IN THE CONTRACT DOCUMENTSOR SPECIFICATIONS.10.ALL PLANTINGS BEDS TO BE FILLED WITH MIN. 12" OF IMPORTED TOP SOIL AND ALL AREAS TO BE SEEDED ORSODDED TO BE DRESSED WITH MIN. 6" OF IMPORTED TOP SOIL11.ALL IMPORTED TOP SOIL TO BE TESTED AND AMENDED PURSUANT TO THE RECOMMENDATIONS OF A SOILTEST.12.CONTRACTOR TO SUBMIT BIORETENTION SOIL MIX SPECIFICAITON FOR APPROVAL BY LANDSCAPE ARCHITECT.13.SOIL FOR BIORETENTION GROWING MEDIUM SHALL CONSIST OF 60% SAND, 5% SHREDDED CEDAR MULCH,30% TOPSOIL, 5% LEAF COMPOST. BIORETENTION SAND MEDIA SHALL BE UNIFORMLY MIXED, UNCOMPACTED,FREE OF STONES, STUMPS, ROOTS, OR OTHER SIMILAR OBJECTS LARGER THAN TWO INCHES. NO OTHERMATERIALS OR SUBSTANCES SHALL BE MIXED OR DUMPED WITHIN THE BIORETENTION AREA THAT MAY BEHARMFUL TO PLANT GROWTH OR PROVE A HINDRANCE TO THE FACILITIES FUNCTION AND MAINTENANCE.CODE RE4UIREDPROVIDED38.550.050.D.1ALL STREET ROW CONTIGIOUS TO OR WITHIN PROPOSED DEVELOPMENT SITE NOTUSED FOR STREET PAVEMENT/CURBS/SIDEWALKS MUST BE LANDSCAPEDALL AREAS WITHIN ROW AND NOT USED FORPAVEMENT/CURBS/SIDEWALKS ARE LANDSCAPED.CITY OF BOZEMAN LANDSCAPE AND IRRIGATIONPERFORMANCE AND DESIGN STANDARDS MANUALLANDSCAPE DESIGN APPROVAL PATHWAYPRESCRIPTIVE PATHWAY OR PERFORMANCE PATHWAY.PERFORMANCE PATHWAY.TOTAL LANDSCAPED AREA2179 SQUARE FEET OF LANDSCAPED AREA3.2.1 LANDSCAPE DESIGN STANDARDSPERFORMANCE LANDSCAPE DESIGN PATHWAYLANDSCAPE PLANT WATER DEMANDS OR THE ENTIRE LANDSCAPED AREA MUST NOTEXVEED AN AVERAGE OF 8 GALLONS PER SQUARE FOOT PER YEAR.WATER DEMANDS FOR ENTIRE LANDSCAPED AREA ARE 6.8 GALLONS ASQUARE FOOT USING THE CITY OF BOZEMANS WATER BUDGET AREACALCULATOR.LANDSCAPE DESIGN PLAN COMPLIANCE WITH REQUIREMENTS OUTLINED IN 3.2.2.LANDSCAPE PLANS COMPLY WITH REQUIRMENTS OUTLINED IN 3.2.2PROJECT APPLICANTS FOLLOWING THE PERFORMANCE PATHWAY MUST PROVIDE ACOMPLETED WATER BUDGET CALCUATOR.WATER BUDGET CALCULATOR PROVIDED ON IRRIGATION PLANS SHEETL4.1.LANDSCAPED AREA COVERAGE REQUIREMENTSAT LEAST 60 PERCENT OF THE SITE AREA MUST BE LANDSCAPED AND MAINTAINEDWITH PLANTINGS. ROCK MULCH OR WOOD MULCH MUST BE INSTALLED IN ALLLANDSCAPED AREAS NOT COVERED WITH PLANT MATERIAL.90% OF LANDSCAPED AREA IS VEGETATED WITH CONTAINER GROWNSHRUBS OR PERENNIALS.A MINIMUM OF 10 PERCENT OF THE LANDSCAPED AREA MUST BE VEGETATED WITHCONTAINER GROWN SHRUBS OR PERENNIALS. THIS REQUIREMENT DOES NOT APPLYTO CITY RIGHT-OF-WAY BOULEVARD STRIPS AND MEDIANS.3.3.1 Irrigation Design StandardsDRIP IRRIGATIONIRRIGATION DESIGN PLAN COMPLIANCE WITH REQUIREMENTS OUTLINED IN 3.3.1IRRIGATION DESIGN PLAN COMPLY WITH REQUIREMENTS OUTLINED IN3.3.1CODE TABLEP:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_LS_PLANTING.dwg, L2.1 PLANTING NOTES AND SCHEDULE, 8/5/2025 9:38:57 AM, amartoncik, 1:1 211 E MENDENHALL STN BLACK AVE E MENDENHALL STN BLACK AVE 3L3.1(1) PC(3) SP(3) HO(5) SP(3) EA(3) SP(7) EA(5) HS(5) HO(5) EA(3) ER(5) SP(14) CK(5) SP(5) HO(4) CK(12) RG(5) SP1L3.1DECIDUOUS TREE5L3.1SHRUB PLANTING6L3.1PERENNIAL/GRASS/GROUNDCOVERPLANTING3L3.1BIO-RETENTION SWALE(1) PC(3) SP(3) SP(1) AS(3) IREX. TREE GRATEBIO-RETENTION SWALE(5) SP(7) DT(3) SP(3) HO(3) SP(3) HO(4) HS(2) SN(3) HS(3) HS(3) SN(5) HO(3) HS(3) SNSIGHT TRIANGLESIGHT TRIANGLESIGHT TRIANGLE(2) SN(27) CK(10) HO(3) HS(3) HS(8) SH(6) IR(3) DT(7) SH(3) DT(5) DT(3) IR(3) SH(3) DT(6) SH(5) SH(4) IR(3) SH(2) DT(5) SH(3) DT(1) PCBID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET PLANTING PLAN I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAL2.2CN/KP 24006_03_LS_PLANTING.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03UULC010SCALE: 1" = 10'510SOUTH POCKET PARKP:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_LS_PLANTING.dwg, L2.2 PLANTING PLAN, 8/5/2025 9:38:58 AM, amartoncik, 1:1 212 BID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET LANDSCAPE DETAILS I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAL3.1CN/KP 24006_03_LS_DETAILS.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03SHRUB PLANTINGN.T.S.NOTES:1.SHRUBS WITH BROKEN OR CRUMBLING ROOT BALLS WILL BE REJECTED. CONTAINERREMOVAL WILL NOT BE AN EXCUSE FOR DAMAGED ROOT BALLS.2.TOP OF MULCH TO BE 1" BELOW ADJ WALKWAY, CURB, EDGING, OR OTHER SURFACE.3.PRUNE OUT ALL DAMAGED OR DEAD WOOD.4.ALL PLANT MATERIAL TO BE INSPECTED UPON DELIVERY. REJECTED MATERIALS TO BEIMMEDIATELY RETURNED TO SOURCE.6.RAKE SUBGRADE AND REMOVE ALL DEBRIS GREATER THAN 1/2" IN DIA. INCLUDING ROCKS,CONCRETE, ORGANIC DEBRIS, AND OR CONSTRUCTION DEBRIS.TOP OF ROOT BALLSHALL BE 1-2" ABOVESURROUNDING GRADE3" DEPTH MULCH, KEEPMULCH AWAY FROM TRUNKREMOVE CONTAINER,LIGHTLY SCARIFYROOTSBACKFILL WITH 75%NATIVE SOIL, 25%COMPOST5NOTES:1.REMOVE SPENT FLOWERS PRIOR TO PLANTING.2.LOOSEN ROOT MASS AT BOTTOM OF ROOTBALL.3.STRIP TOP OF ROOTBALL 14" OF SURFACE GROWING MEDIA ANDCOVER WITH 14" PLANTING MIX PLUS SURFACE MULCH.4.QUANTITY AND SPACING AS NOTED IN PLANT SCHEDULE.SET PLANT ATORIGINAL DEPTHPOTTED PLANTTOPSOILEXISTING SOIL3" DEEP MULCHKEEP AWAY FROMCROWN OF PLANTPERENNIAL/GRASS/GROUNDCOVER PLANTINGN.T.S.61/2 (X)(X) PLANT SPACING PERPLAN(X) PLANT SPACING PERPLANPERENNIAL/GRASS/GROUNDCOVER SPACINGN.T.S.7PLANTING SOIL MIX AS SPECIFIEDBIO-RETENTION PLANTINGS6"X12" CONCRETE CURBEXISTING/PROPOSEDSIDEWALK, SEE CIVIL.BIO-RETENTION SWALEN.T.S.TOPSOILINFILTRATION GRAVELSBASE COURSE GRAVELSGEOTEXTILE FABRICCONCRETE CURB AND GUTTER - SEE CIVIL18"X12" HEADER CURB#4 3" MIN CLEAR COVERCOMPACTED AGGREGATE3ROCK MULCHWEED BARRIER FABRICNEW TOPSOILEXISTING SUBGRADE18"3"ROCK MULCHN.T.S.832" LENGTH NON-ABRASIVE RUBBERTIES(2)3" DIA LODGE POLE PINE STAKES 1-1/2'FROM TRUNK. STAKE LOCATION SHALLNOT INTERFERE WITH PERMANENTBRANCHES3" DEPTH MULCHFINISH GRADEBOTTOM OF ROOT BALL RESTSON EXT OR RECOMPACTED SOILEXISTING SOILDECIDUOUS TREE N.T.S.TOP OF ROOT FLARE 2" ABOVE EXTGRADE. NO SOIL ON ROOT FLARELOOSENED SOIL. DIG AND TURNTHE SOIL TO REDUCECOMPACTION TO THE AREA TODEPTH OF ROOT BALL.NOTES:1.REMOVE NURSERY STAKES.2.PRUNE DEAD OR DAMAGED LIMBS IMMEDIATELY AFTER PLANTING.3.REMOVE WIRE TIES AND BURLAP FROM ROOT BALL.4.PRIOR TO MULCHING, LIGHTLY TAMP SOIL AROUND ROOT BALL IN 6" LIFTS TO BRACE TREE. DONOT OVER COMPACT. WHEN PLANTING PIT HAS BEEN BACKFILLED, POUR WATER AROUND ROOTBALL TO SETTLE THE SOIL.5.BACKFILL WITH AMENDED SOIL.6.REMOVE STAKES FOLLOWING FIRST GROWING SEASON.7.RAKE SUBGRADE AND REMOVE ALL DEBRIS GREATER THAN 1/2" IN DIA. INCLUDING ROCKS,CONCRETE, ORGANIC DEBRIS, AND OR CONSTRUCTION DEBRIS.8.PROVIDE SUPPLEMENTAL WATER FOR THE FIRST YEAR FOLLOWING INSTALLATION.15'-0"14" x 1 12" STEEL BAR STOCK18"NOTES:1.TREE GUARD TO BE MODEL NF42648 5' HEIGHT FROMNEENAH FOUNDARY COMPANY.2.TREE OPENING TO BE 18" DIAMETER.3.COLOR: BLACK POWDERCOAT.4.INSTALL PER MANUFACTURERS INSTRUCTIONS.TREE GUARDN.T.S.EXISTING TREE GRATE2TREE VAULT SECTIONN.T.S.4'3'-4"SOIL VAULT WITH STRUCTURAL SOIL.EXISTING CURB ANDGUTTEREXISTING SIDEWALKNOTES:1.SOIL VAULT SHALL BE CONSTRUCTED FOR ALL STREET TREES.2.STRUCTURAL SOIL SHALL CONFORM TO USDA SOIL CLASSIFICATION SYSTEM CONSISTING OFGRAVEL <5%, SAND 25-30%, SILT 20-40%, CLAY 25-40%.3.STRUCTURAL SOIL SHALL BE INSTALLED IN 6" LIFTS AND MEET 95% PROCTOR DENSITY.2L3.1TREE GUARDEXISTING TREE GRATETO BE USED4P:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_LS_DETAILS.dwg, L3.1 LANDSCAPE DETAILS, 8/5/2025 9:39:04 AM, amartoncik, 1:1 213 BID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET LANDSCAPE DETAILS I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAL3.2CN/KP 24006_03_LS_DETAILS.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03 ROCK BOULDERSLOCATED PER PLANS;DO NOT SCAR ORDAMAGEFINISH GRADE1/3 BOULDER BURIEDBELOW GRADEBOULDERN.T.S.NOTES:1.BOULDER TYPE: PIPESTONE GRANITE, QUARRY WORKS16"12"PAVER UNIT (TYP.) TO MATCHEXISTING1" THICK BEDDING COURSE -SAKRETE ALL PURPOSE SAND ORCONCRETE SAND6" THICK 34" ROAD BASEVARYING SURFACES, SEE PLANS6" WIDTH CONCRETE RIBBONMIRAFI 140N GEOFABRIC ORAPPROVED EQUAL6"COMPACTED AGGREGATENOTES:1.PAVERS SHALL BE INSTALLED PER MANUFACTURER'SSPECIFICATIONS.2.PAVERS TYPE TO MATCH EXISTING PAVERS.COMPACTED SUBGRADEPAVERS AND CONCRETETO BE FLUSH3"PAVERSN.T.S.#4 REBAR 3" CLR424"6"℄℄24"18"CONCRETE SEAT WALLN.T.S.3"12" O.C. 12"3/4" CHAMFER, ALL EDGES, TYP.#4 BAR 3" CLR#4 BAR 18"O.C. VERTICALCOMPACTEDAGGREGATE6" COMPACTEDAGGREGATE95% COMPACTEDSUBGRADELANDSCAPE BEDCONCRETE WALKNOTES:1.SIDE WALLS OF SEAT WALL TO BE BOARDFORM TEXTURE TO MATCH EXISTINGCONCRETE SEAT WALL AT RED CHAIR POCKET PARK TO THE SOUTH.6L3.2SKATE STOP - MATCH EXISTING5STEEL ART ATTACHMENTN.T.S.2"x1-1/2"X1/8" STEELANGLE WELDED TO PLATERECESSED SOCKET FLANGEWELDED TO PLATE4" CONCRETE ANCHORSQUARE TUBE SPACERCUT OUT IN STEEL PLATE FOR BOLT ACCESS1/8" STEEL PLATE LASER CUT ART5L3.2CONCRETE SEAT WALLHARDSCAPE SURFACE, SEELANDSCAPE PLANSNOTES:1.LASER CUT PATTERN TBD. SEE SPECIAL PROVISIONS.2.CONTRACTOR TO SUBMIT SHOP DRAWINGS FOR APPROVAL BY LANDSCAPEARCHITECT.3.FASTENERS AT 36" O.C. MAX, STEEL FABRICATOR TO VERIFY QUANTITY ANDSPACING.1/2" WEEP HOLES IN BOTTOMANGLE STEEL, SPACED 2' O.C.8LETTERS TO BE 4" HEIGHT3"X1/8" THREADED STEEL RODEPOXY FILLED CAVITYHARDSCAPE, SEE LANDSCAPE PLANSSTEEL LETTERS N.T.S.5L3.2CONCRETE SEAT WALLNOTES:1.CONTRACTOR TO SUBMIT SHOP DRAWINGSFOR APPROVAL BY LANDSCAPE ARCHITECT.9PEACE POLEN.T.S.NOTES:1.INSTALL PER MANUFACTURERINSTRUCTIONS.2.DECISION OF LANGUAGES ON EACHSIDE IS AT BEHEST OF THE CLIENT.3.CLASSIC WHITE PEACE POLE FROM"THE PEACE POLE PROJECT"(SHOPPEACE.ORG).4.SEE SPECIAL PROVISIONS.1'-0"0'-6"4'-6"SIMPSON STRONG TIE CB1212 OR APPROVED EQUALCONCRETE FOOTER6" OF GRAVELPEACEPOLE0'-9"1'-0"4L3.2PAVERS7SKATE STOP - MATCH EXISTINGN.T.S.NOTES:1.SKATE STOP TO MATCH EXISTING SKATE STOPS USED IN REDCHAIR PARK AREA.2.CORNER CHAMFER 3/4"3.SURFACE MOUNT ALUMINUM.4.SPACING SHALL BE 18" FROM END OF WALL AND APPROXIMATELY36" ON CENTER.6NOTES:1.LANDSCAPE FORMS LAKESIDE "GRASS BACKED" BENCH.CONTRACTOR TO SUBMIT SHOP DRAWINGS FOR APPROVAL BYLANDSCAPE ARCHITECT.2.SURFACE MOUNT WITH PAVER ADAPTER. SEE LANDSCAPE PLANFOR LOCATION.3.POWDERCOAT COLOR: LOLL APPLE RED OR APPROVEDEQUIVALENT; CONTRACTOR TO SUBMIT POWDERCOAT FINISHSAMPLE FOR APPROVAL BY LANDSCAPE ARCHITECT.4.SEE SPECIAL PROVISIONSCOMPACTEDAGGREGATECOMPACTEDSUBGRADEBENCH - PAVER EXTENSION MOUNT ON PAVERSN.T.S.PAVER ADAPTERCONCRETE PAD4"4"6"3" CLR.2STEEL ART - SEAT WALLSN.T.S.2'1'-6"5'-1114" - FIELD VERIFY13'-318" - FIELD VERIFYEQ.9'-0"EQ.1' 1'-6"14'-818" - FIELD VERIFY9'-6"EQ.EQ.3"3" 1' 3"3" 1'-6"6'-014" - FIELD VERIFY2'MENDENHALL ST - STEEL ART ELEVATIONBLACK AVE - STEEL ART ELEVATIONCONCRETE SEAT WALLWEEP HOLE, SEE CIVILWEEP HOLES, SEE CIVILWEEP HOLE, SEE CIVILWEEP HOLE, SEE CIVILANGLE IRON WITH MITERED CORNERS, TYP.CONCRETE SEAT WALLNOTES:1.STEEL FABRICATOR TO SUBMIT SHOP DRAWINGS TO LANDSCAPE ARCHITECT FOR APPROVAL.2.LASER CUT PATTERN TBD - TO CONVEY STORY OF "CHILSEOK".3.POWDERCOAT COLOR: LOLL APPLE RED OR APPROVED EQUAL, CONTRACTOR TO SUBMIT COLOR/FINISH SAMPLES FOR APPROVAL BY LANDSCAPEARCHITECT.4.SEE SPECIAL PROVISIONS.8L3.2STEEL ART ATTACHMENT5L3.2CONCRETE SEAT WALL1L3.3HONGSALMUN ARCHESFINISHEDGRADEFINISHEDGRADETYPICALTYPICALSTEEL PLATE TO BE LASER CUT ART, TYP.1'-6"1L3.3HONGSALMUN ARCHES10NOTES:1.LANDSCAPE FORMS EMERSON BIKE RACK.CONTRACTOR TO SUBMIT SHOP DRAWINGSFOR APPROVAL BY LANDSCAPE ARCHITECT.2.SURFACE MOUNT. SEE LANDSCAPE PLAN FORLOCATION.3.POWDERCOAT COLOR: LOLL APPLE RED ORAPPROVED EQUIVALENT; CONTRACTOR TOSUBMIT POWDERCOAT FINISH SAMPLE FORAPPROVAL BY LANDSCAPE ARCHITECT.4.SEE SPECIAL PROVISIONS2" 2'-6"1'-034"34"6"312"234"1'-8"SET SCREW FORSECURING COVER PLATECAST ALUMINUM FRAMESTAINLESS STEEL LEVELING GUIDES17/32" HOLES FOR ANCHORINGCOMPACTEDSUBGRADECOMPACTEDAGGREGATE BASECONCRETE, SEE CIVILBIKE RACKN.T.S.3P:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_LS_DETAILS.dwg, L3.2 LANDSCAPE DETAILS, 8/5/2025 9:39:06 AM, amartoncik, 1:1 214 BID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET LANDSCAPE DETAILS I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAL3.3CN/KP 24006_03_LS_DETAILS.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03HONGSALMUN ARCHESN.T.S.5L3.2CONCRETE SEAT WALLTOP PLATE TO COVER ANCHORSARCH TO BE SECURED TO CONCRETESEAT WALL WITH CONCRETE ANCHORSAND FLANGENOTES:1.SACRED KOREAN GATEWAY KNOWS AS "HONGSALMUN."2.THE HONGSALMUN SHALL BE SECURED TO THE CONCRETE SEAT WALL ANDTO A SMALL FOOTER.3.THE FOOTER SHALL BE BELOW FROST DEPTH IF POSSIBLE. IF UTILITYCONFLICTS ARE PRESENT, CONTRACTOR TO DISCUSS WITH LANDSCAPEARCHITECT. IF FROST DEPTH IS NOT POSSIBLE FOR FOOTER DEPTH, THEFOOTER SHALL BE SIZED AT A MINIMUM TO BE ABLE TO MANAGE THE WINDAND STRUCTURAL LOAD OF THE ARCHES.4.FOOTER SHALL BE HAND EXCAVATED TO AVOID EXCESSIVE DAMAGE TOEXISTING TREE AND UNDERGROUND UTILITIES.5.POWDER COAT COLOR : LOLL APPLE RED, CONTRACTOR TO SUBMIT COLORSAMPLES FOR APPROVAL BY LANDSCAPE ARCHITECT.6.CONTRACTOR SHALL SUBMIT SHOP DRAWINGS FOR APPROVAL BYLANDSCAPE ARCHITECT.7.SEE SPECIAL PROVISIONS.ALL ARCH ELEMENTS TO BEFABRICATED WITH STEELROUND PILLARSRECTANGULAR TUBE STEEL- CAP ENDSHONGSALMUN SYMBOLSPHOTO FOR REFERENCE ONLY10L3.2STEEL ART - SEAT WALLSCAP ENDS1CONCEPT MODEL - FOR REFERENCE ONLYN.T.S.NOTES:1.IMAGE SHOWN FOR DESIGN INTENT ONLY.2.COLORS ARE NOT REPRESENTATIVE OF SPECIFIED COLORS - SEE DETAILS FOR MORE INFORMATION3L3.3STEEL SIGN AND ART -INTERNAL SEAT WALL7L3.2PEACE POLE1L3.3HONGSALMUN ARCHES5L3.2CONCRETE SEAT WALL10L3.2STEEL ART - SEAT WALLS2STEEL SIGN AND ART - INTERNAL SEAT WALLN.T.S.I-HO POMEROYPEACE PARKSIGN LETTERS TO BE 4" IN HEIGHTFONT: SWISS 721 BTANGLE IRON WELDED TO STEEL ART, MITERED CORNERSSTEEL PLATE ART1'-6"12'5'-6"3"3"1'3"9L3.2STEEL LETTERS5L3.2CONCRETE SEAT WALL8L3.2STEEL ART ATTACHMENTEQ.EQ.3 12 "4"3"4"3 12 "CENTER SIGN BETWEEN METAL ART AND ENDOF CONCRETE SEAT WALLNOTES1.DETAIL FOR DESIGN INTENT ONLY. CONTRACTOR TO SUBMIT SHOP DRAWING FOR APPROVAL BY LANDSCAPE ARCHITECT.2.POWDERCOAT COLOR: LOLL APPLE RED, CONTRACTOR TO SUBMIT COLOR SAMPLES FOR APPROVAL BY LANDSCAPEARCHITECT.3.SEE SPECIAL REVISIONS.LASER CUT PATTERN TBD - TO DISPLAY KOREAN TIGER ART, SEE SPECIAL PROVISIONS3P:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_LS_DETAILS.dwg, L3.3 LANDSCAPE DETAILS, 8/5/2025 9:39:07 AM, amartoncik, 1:1 215 SYMBOLMANUFACTURER/MODEL/DESCRIPTIONQTYPSIRAIN BIRD XCZ-100-PRFMEDIUM FLOW DRIP CONTROL KIT, 1IN. DV VALVE, 1IN.PRESSURE REGULATING FILTER, 40PSI PRESSURE REGULATOR.5 GPM-20 GPM.2RAIN BIRD XFCV-09-12 DRIP RING320AREA TO RECEIVE DRIP EMITTERSRAIN BIRD XB-PCSINGLE OUTLET, PRESSURE COMPENSATING DRIP EMITTERS.FLOW RATES OF 0.5 GPH=BLUE, 1.0 GPH=BLACK, AND 2.0GPH=RED. COMES WITH A SELF-PIERCING BARB INLET X BARBOUTLET.1,375 SF20Emitter Notes:05PC emitters (1 assigned to each 1 GAL plant)20020PC emitters (1 assigned to each 5 GAL plant)65SYMBOLMANUFACTURER/MODEL/DESCRIPTIONRAIN BIRD ESP4ME3 WITH (1) ESP-SM37 STATION, HYBRID MODULAR OUTDOOR CONTROLLER. FORRESIDENTIAL OR LIGHT COMMERCIAL USE. LNK WIFI MODULEAND FLOW SENSOR READY.POINT OF CONNECTION 1"IRRIGATION LATERAL LINE: POLYETHYLENE PIPE SDR-7IRRIGATION MAINLINE: POLYETHYLENE PIPE SDR-7PIPE SLEEVE: PVC SCHEDULE 40C#"#Valve NumberValve SizeValve FlowValve Callout#NUMBERMODELSIZETYPEGPMWIREDESIGN PSIFRICTION LOSSVALVE LOSSPSIPRECIP1RAIN BIRD XCZ-100-PRF1"AREA FOR DRIP EMITTERS0.6161.2200.01525.00.43 in/h2RAIN BIRD XCZ-100-PRF1"AREA FOR DRIP EMITTERS3.36164.1200.02525.00.53 in/hCommon Wire17.3NUMBERMODELTYPEPRECIPIN./WEEKMIN./WEEKGAL./WEEKGAL./DAY1RAIN BIRD XCZ-100-PRFAREA FOR DRIP EMITTERS0.43 in/h114184.328.12RAIN BIRD XCZ-100-PRFAREA FOR DRIP EMITTERS0.53 in/h1115387129TOTALS:256470.9157.0Generated:2025-02-04 15:20P.O.C. NUMBER: 01Water Source Information:FLOW AVAILABLEPoint of Connection Size:1"Flow Available20.27 GPMPRESSURE AVAILABLEStatic Pressure at POC:60 PSIPressure Available:60 PSIDESIGN ANALYSISMaximum Station Flow:3.48 GPMFlow Available at POC:20.27 GPMResidual Flow Available:16.79 GPMCritical Station:4 Design Pressure:20 PSI Friction Loss:0.02 PSI Fittings Loss:0 PSI Elevation Loss:0 PSI Loss through Valve:5 PSIPressure Req. at Critical Station:25.0 PSILoss for Fittings:0.01 PSILoss for Main Line:0.07 PSILoss for POC to Valve Elevation:0 PSILoss for Backflow:0 PSICritical Station Pressure at POC:25.1 PSIPressure Available:60 PSIResidual Pressure Available:34.9 PSIBID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET IRRIGATION NOTES I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAL4.1CN/KP 24006_03_IR_PROD.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03 IRRIGATION NOTES1.THIS SYSTEM DESIGN ASSUMES A MINIMUM DYNAMIC PRESSURE FOR THE IRRIGATION SYSTEM OF 60 PSI, ATA MAXIMUM DISCHARGE OF 20.3 GPM AT THE 1" POINT-OF-CONNECTION. CONTRACTOR TO VERIFY PRESSUREAND FLOW ON SITE PRIOR TO CONSTRUCTION.2.THE IRRIGATION SYSTEM POINT-OF-CONNECTION SHALL AT APPROXIMATE LOCATION SHOWN. VERIFY EXACTLOCATION OF EXISTING P.O.C. WITH OWNERS REPRESENTATIVE.3.CONTROLLER AT THE APPROXIMATE LOCATION SHOWN. CONTRACTOR TO VERIFY LOCATION OF EXISTINGCONTROLLER AND REVIEW WITH LANDSCAPE ARCHITECT.4.ALL IRRIGATION EQUIPMENT SHALL BE INSTALLED WITHIN LANDSCAPE BEDS. IRRIGATION EQUIPMENT MAY BESHOWN OUTSIDE OF LANDSCAPE BED FOR GRAPHICAL CLARITY.5.COORDINATE UTILITY LOCATES OF ALL UNDERGROUND UTILITIES PRIOR TO CONSTRUCTION.6.DO NOT PROCEED WITH THE INSTALLATION OF THE IRRIGATION SYSTEM WHEN IT IS OBVIOUS IN THE FIELDTHAT OBSTRUCTIONS OR GRADE DIFFERENCES EXIST THAT MIGHT NOT HAVE CONSIDERED IN THE DESIGNPROCESS. IF DISCREPANCIES IN CONSTRUCTION DETAILS, LEGEND, NOTES OR SPECIFICATIONS AREDISCOVERED, BRING ALL SUCH OBSTRUCTIONS OR DISCREPANCIES TO THE ATTENTION OF THE OWNER'SREPRESENTATIVE.7.DRAWINGS ARE DIAGRAMMATIC. THEREFORE, THE FOLLOWING SHOULD BE NOTED:A.ALTHOUGH IRRIGATION COMPONENTS MAY BE SHOWN OUTSIDE OF PLANTING AREAS FOR CLARITY, INSTALLIRRIGATION PIPE, WIRING, VALVES, ETC. IN LANDSCAPED AREAS AND WITH PROPERTY LINES.B.TREE AND SHRUB LOCATION SHOWN ON LANDSCAPE PLANS TAKE PRECEDENCE OVER IRRIGATIONEQUIPMENT LOCATIONS. AVOID CONFLICTS BETWEEN THE IRRIGATION SYSTEM, PLANTING MATERIALS, ANDARCHITECTURAL FEATURES.C.USE ONLY STANDARD TEES AND ELBOW FITTINGS.7.PROVIDE THE FOLLOWING COMPONENTS TO THE OWNER PRIOR TO THE COMPLETION OF THE PROJECT:A.TWO (2) OPERATING KEYS FOR EACH TYPE OF MANUALLY OPERATED VALVES AND CONTROLLERS.8.THE IRRIGATION CONTRACTOR IS RESPONSIBLE FOR THE INSTALLATION OF IRRIGATION SLEEVING. SLEEVESARE REQUIRED FOR BOTH PIPING AND ELECTRICAL WIRING AT EACH HARDSCAPE CROSSING. COORDINATEINSTALLATION OF SLEEVING WITH OTHER TRADES. ANY PIPE OR WIRE WHICH WAS NOT INSTALLED WILLREQUIRE HORIZONTAL BORING BY THE IRRIGATION CONTRACTOR. IRRIGATION CONTRACTOR TOCOORDINATE WITH SITE CONTRACTOR FOR TIME OF INSTALLATION AND LOCATION OF ANY SLEEVE AND/ORCONDUIT INSTALLATION.9.INSTALL ALL ELECTRICAL POWER TO THE IRRIGATION CONTROL SYSTEM IN ACCORDANCE WITH THENATIONAL ELECTRIC CODE AND ALL APPLICABLE LOCAL ELECTRIC UTILITY CODES.10.INSTALL TWO (2) #14 AWG CONTROL WIRES FROM CONTROLLER LOCATION TO EACH DEAD-END OF MAINLINEFOR USE AS SPARE INCASE OF CONTROL WIRE FAILURE. COIL 3 FEET OF WIRE IN VALVE BOX.11.ALL PLANT MATERIAL NOT LOCATED IN LAWN AREAS SHALL BE DRIP IRRIGATED BY AUTOMATIC CONTROLLEDSYSTEM. RAINBIRD EQUIPMENT OR EQUAL. A COMPLETE LIST OF EQUIPMENT, SHOP DRAWING CATALOG CUTS,LAYOUT PERFORMANCE AND MAINTENANCE WARRANTY INFORMATION SHALL BE SUBMITTED TO THE OWNERSREPRESENTATIVE FOR APPROVAL PRIOR TO COMMENCING WORK. SAID INFORMATION SHALL BE COMPILEDALONG WITH AS-BUILT DRAWINGS AND MAINTENANCE INSTRUCTION AND SUBMITTED TO OWNER'SREPRESENTATIVE FOR APPROVAL AT FINAL COMPLETION. CONTRACTOR SHALL DEMONSTRATE COMPLETEOPERATING SYSTEM AND MAINTENANCE TO OWNER'S REPRESENTATIVE AND OWNER'S MAINTENANCE ANDOPERATING PERSONNEL.12.CONTRACTOR SHALL BE REQUIRED TO START UP AND WINTERIZE SYSTEM FOR THE WARRANTY PERIOD, ONEYEAR FROM FINAL COMPLETION, AND MAKE ALL ADJUSTMENTS AND REPAIRS REQUIRED TO INSURE EFFICIENTOPERATION.13.CONTRACTOR SHALL PROVIDE ALL REQUIRED IRRIGATION WATER CONTROL, FILTRATION PRESSUREREGULATION, WASTE AND DRAINAGE REQUIREMENTS OF A COMPLETE MAINTENANCE SYSTEM.14.CONTRACTOR SHALL PROVIDE 3 EACH 2 G.P.H. EMITTERS TO EACH TREE, 2 EACH 1 G.P.H. EMITTERS TO EACHSHRUB, VINE OR HERBACEOUS PLANT. ALL EQUIPMENT SHALL BE CONCEALED OR OTHERWISE PROTECTEDUNDER SPECIFIED MULCHES AND IN VALVE BOXES WHERE ACCESS IS REQUIRED.IRRIGATION SCHEDULEIRRIGATION VALVE SCHEDULECategoryArea (sq. ft.)Total Lot Area6,931Building Footprint0Hardscape (e.g. sidewalk or pavers)4,752Walkways0Exemptions (e.g. retention pond)0Artificial Plant Materials0Water Budget Area (sq. ft.)2,179Hydrozone Water UseCategoryPlant Factor (PF)Net EToIrrigation TypeIrrigationEfficiencyIrrigation gallonsper sq. ft.Sq. Ft.Water Use (gal)Percent of Total WaterBudget AreaPercent of TotalIrrigation DemandHigh0.826Overhead0.718.4 -0%0%Medium0.626Drip0.910.7 530 5,69624%38%Medium0.626Overhead0.713.8 - -0%0%Low0.326Drip0.95.4 1,649 8,86176%60%Low0.326Overhead0.76.9 - -0%0%Very Low0.126Drip0.91.8 -0%0%Very Low0.126Overhead0.72.3 - -0%0%Temporary Irrigation0.126Overhead0.72.3 - -0%0% Total Area 2,179Tree Water Use CategoryPlant Factor (PF)Net EToIrrigationEfficiencyIrrigation gallonsper sq. ft.Number of TreesSq. Ft.Water Use (gal)Percent of Total WaterBudget AreaPercent of TotalIrrigation DemandHigh0.8260.914.3 - - -0%0%Medium0.6260.910.7 1 10 1070%1%Low0.3260.95.4 3 28 1501%1%Very Low0.1260.91.8 - - -0%0% TOTAL WATER USE 14,814 GAL/SF (AVG) 6.8IRRIGATION WATERING SCHEDULEIRRIGATION CRITICAL ANALYSISCOB IRRIGATION CALCULATIONSP:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_IR_PROD.dwg, L4.1 IRRIGATION NOTES, 8/5/2025 9:39:33 AM, amartoncik, 1:1 216 E MENDENHALL STN BLACK AVE E MENDENHALL STN BLACK AVE MAINLINE (TYP.)2L5.1VALVE BOX PLACEMENT3L5.1ELECTRIC CONTROL VALVE4L5.11" DRIP ZONE KITEX. DRIP RING TO REMAIN- REPAIR AS NEEDEDEX. DRIP TO REMAIN- REPAIR AS NEEDED1L5.1TRENCHING DETAILSUSE EX.SLEEVING5L5.1DRIP BLOWOUT6L5.1TREE RING DRIPLINE0.611"3.3621"1"TIE INTO EXISTING, EXTEND DRIPLATERAL TO PROPOSED TREE -CONTRACTOR TO VERIFY IN FIELD ANDVERIFY ZONE CAPACITYTIE INTO EXISTING, EXTEND DRIPLATERAL TO PROPOSED TREE -CONTRACTOR TO VERIFY IN FIELD ANDVERIFY ZONE CAPACITYVALVES ARE DIAGRAMMATIC -CONTRACTOR TO VERIFY PLACEMENTAND COORDINATE WITH EXISTINGSYSTEM IN FIELDEX. IRRIGATION VALVE -CONTRACTOR TO VERIFYCEX. DRIP RING TO REMAIN- REPAIR AS NEEDEDEX. POC AND CONTROLLER -CONTRACTOR TO VERIFY INTHE FIELDBID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET IRRIGATION PLAN I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAL4.2CN/KP 24006_03_IR_PROD.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03010SCALE: 1" = 10'510SOUTH POCKET PARK20P:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_IR_PROD.dwg, L4.2 IRRIGATION PLAN, 8/5/2025 9:39:35 AM, amartoncik, 1:1 217 BID SET FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET IRRIGATION DETAILS I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAL5.1CN/KP 24006_03_LS_DETAILS.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 08-05-2025 - - - - SITE PLAN MOD 2 BID SET - - - - -- 24006_03 TRENCHING DETAILSN.T.S.1'-6"PLANSSECTIONSDIRECT BURY PLANDIRECT BURY SECTIONTAPE & BUNDLE ALL WIRING AT 10'-0"INTERVALS. USE 6" WIDE MARKING TAPE 6"ABOVE ALL DIRECT BURIAL WIRING.ALL SPLICES SHALL BE MADE IN VALVE BOXESAND LOCATED ON AS-BUILT PLANS (ALL 120 V).WIRING SHALL BE IN CONDUIT WITH MARKERTAPE AS ABOVE.ALL WIRING UNDER PAVEMENT & THROUGHSLEEVES SHALL BE IN CONDUIT. TIE A LOOSE1'-8" LOOP IN WIRING AT ALL CHANGES INDIRECTION GREATER THAN 30 DEGREES. UNTIEALL LOOPS AFTER MAKING CONNECTIONS. 1'-6"CONDUIT SECTIONCONDUIT PLAN 2'-0" 3'-0" 2'-0" 3'-0"LATERAL PIPE INTRENCH SNAKE ALLFINISHED GRADEMARKING TAPELOOPTIESFINISHED GRADELATERALMAIN LINEBEDDINGLOW VOLTAGE WIRE OR 120V WIRE IN CONDUITLATERAL1VALVE BOX PLACEMENTN.T.S.1'-0"VALVE BOXES TO BEALIGNED AND EVENLYSPACEDTURFVALVE LID TO BEBRANDED WITHCONTROLLER ANDSTATION NUMBERSNOTES:1.WHEN MULTIPLE VALVES ARE WITHIN A SMALLPROXIMITY THE CONTRACTOR SHALL DETERMINE IFBEST TO USE ONE LARGE VALVE BOX AND GANGVALVES TOGETHER.2SPECIFIED LATERALPIPING DEPTHMAINTAIN 8"VERTICAL CLEARANCEBETWEEN TOP OFPIPE & VALVE BOXNOTES:1. DIAMETERS OF PVC FITTINGS AND RISER SHALL EQUAL ELECTRIC CONTROL VALVE DIAMETER.2. VALVE BOXES SHALL BE INSTALLED PARALLEL OR PERPENDICULAR TO ADJACENT SIDEWALKSAND HARD SURFACES WHERE APPLICABLE.3. PROVIDE 4 FT. MIN. SEPARATION BETWEEN ALL BOXES.4. SEE SPECIFICATION FOR CONTROL VALVE INSTALLATIONNOTES:1. INSTALL ASSEMBLY TO REST ON GRAVEL SUMP. CONTAINENTIRE ASSEMBLY WITHIN BOX. VALVE BOX TO BE FLUSH WITHFINISH GRADE.RECTANGULAR VALVE BOX. BRAND LID WITHCONTROLLER & STATION #. REFER TO TECHNICALSPECIFICATIONS.FINISHED GRADEELECTRIC CONTROL VALVEPVC BALL VALVE(FxF)PROVIDE 29 1/2" CONTINUOUS COILS OF ALLOF ALL SPARE CONTROL/COMMON WIRINGWITHIN VALVE BOX.SCH.40 PVC SLIPxMALE 90ELLPEA GRAVEL ROCK SUMP - 1 CU.FT.SCH.80 PVC NIPPLE (LENGTH ASREQUIRED)SERVICE TEE - SOLVENTWELDCOVER ROCK SUMP WITH SOIL FILTER FABRIC(FULL LENGTH AND WIDTH OF VALVE BOX)SCH.80 NIPPLE CUT OFF + GLUED1" FILTER WITH 100 MICRON DISC FILTERELEMENTRECTANGULAR VALVE BOX - BRAND LID WITHCONTROLLER AND STATION NUMBER #UNION FIPT XFIPT1" PVCPVC BALL VALVEPVC PRESSUREMAINLINECONTROLVALVE1" PRESSURE REGULATINGVALVE3/4" CRUSHED GRAVEL SUMP - 1 CU. FT.PVC UNION - 1" (FIPTxFIPT)ELECTRIC CONTROL VALVEN.T.S.31" DRIP ZONE KITN.T.S.FINISHED GRADEPVC SCH 40 ELLPVC SCH 80 NIPPLE (LENGTH AS REQUIRED)30" LINEAR LENGTH OF WIRE, COILEDWATERPROOF CONNECTION: SPLICE-1 (1 OF 2)ID TAGVALVE BOX WITH COVERPVC SCH 40 FEMALE ADAPTERLATERAL PIPEBRICK (1 OF 4)3" MINIMUM DEPTH OF 3/4" PEAGRAVELCONTROL ZONE KIT: (INCLUDES 1" VALVE,BACK FLUSH PRESSURE REGULATINGFILTER, DUCK BILL BOOT).PVC SCH 80 NIPPLE (2-INCH LENGTH,HIDDEN) AND PVC SCH 40 ELLPVC SCH 40 TEE OR ELLPVC MAINLINE3"4DRIP BLOWOUTN.T.S.VALVE BOX WITHMATCHING LOCKINGCOVER. BRAND COVERIN 1" MIN. LETTERS FPTAPE FABRIC TO SIDEOF VALVE BOX & PIPEWITH DUCT TAPESUBMAIN END1" (FINISH GRADE PRIORTO SOD/SEEDING)THREADED PVC ENDCAP & MALE ADAPTER4" LAYER OF DRAIN GRAVELABOVE AND BELOW VALVE BOXEXTENTIONS.GEOTEXTILE FABRIC1"5NOTES:1.AIR RELIEF VALVE (PLD-AVR) INSTALLED IN VALVEBOX AT OPTIMAL HIGHEST POINT FROM CONTROLZONE KIT. MULTIPLE AIR RELIEF VALVES MAY BENEEDED TO ACCOMMODATE DIFFERENCES INGRADE.2.ECO-INDICATOR TO BE INSTALLED AT OPTIMALFURTHEST POINT FROM CONTROL ZONE KIT INCLEAR VIEW WHEN POPPED UP.3.FLUSH POINT TO BE INSTALLED AT OPTIMALFURTHEST POINT FROM CONTROL ZONE KIT TOALLOW FOR MAXIMUM DEBRIS FLUSH IN SYSTEM.LANDSCAPE DRIP LINETREE TRUNKPDL OR PDL-LOC FITTING TYP.PVC TO DRIP LINE TUBING CONNECTION(PDL OR PDL-LOC FITTINGS) TYP.PVC LATERAL LINETREE RING DRIPLINEN.T.S.6P:\24006_03_URD_DTN24-0021_I-Ho_Peace_Park_Sign\CADD_C3D\PRODUCTION_DWG\24006_03_LS_DETAILS.dwg, L5.1 IRRIGATION DETAILS, 8/5/2025 9:39:41 AM, amartoncik, 1:1 218 I-HO POMEROY PEACE PARK Project # 24006.03 Bozeman, Montana AUGUST 2025 219 CONTRACT PLANS AND SPECIFICATIONS I-HO POMEROY PEACE PARK PROJECT BOZEMAN, MONTANA Prepared For: City of Bozeman 121 N Rouse Ave Bozeman, Montana 59715 Prepared By: Sanbell 106 East Babcock, Suite L1 Bozeman, Montana 59715 August 2025 24006.03 220 i TABLE OF CONTENTS TOTAL NO. OF PAGES INVITATION TO BID ....................................................................................................................................................................... 2 INSTRUCTIONS TO BIDDERS ................................................................................................................................................ 9 BID FORM .......................................................................................................................................................................................... 10 BID BOND ............................................................................................................................................................................................ 2 NON-DISCRIMINATION AND EQUAL PAY AFFIRMATION FORM .................................................................... 1 AGREEMENT FORM ..................................................................................................................................................................... 6 PAYMENT AND PERFORMANCE BONDS ...................................................................................................................... 6 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT ............................................................................................................................ 33 MONTANA PUBLIC WORKS STANDARDS SPECIFICATIONS, SEVENTH ADDITION .......................... 1 CITY OF BOZEMAN STANDARD MODIFICATIONS TO THE MPWSS SEVENTH EDITION, OCTOBER 2024 .................................................................................................................................. 1 SPECIAL PROVISIONS ...............................................................................................................................................................15 MONTANA PREVAILING WAGE RATES ......................................................................................................................... 13 ADDITIONAL FORMS Notice of Award ............................................................................................................................................................................... 1 Notice to Proceed .......................................................................................................................................................................... 1 Contractor Application ........................................................................................................................................................... 4 City of Bozeman Claim Form ............................................................................................................................................... 1 Work Change Directive ............................................................................................................................................................. 1 Change Order .................................................................................................................................................................................. 2 Field Order ........................................................................................................................................................................................... 1 Certificate of Substantial Completion ...................................................................................................................... 2 Order to Contractor to Suspend Work ......................................................................................................................... 1 Order to Contractor to Resume Work ........................................................................................................................... 1 221 Section 00100 INVITATION TO BID Page 1 of 2 CITY OF BOZEMAN, MONTANA C A L L F O R B I D S NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: I-Ho Pomeroy Peace Park The City of Bozeman will receive online electronic sealed Bids for Construction of the I-Ho Pomeroy Peace Park Project until 3:00 p.m. (local time) on September 8, 2025 and then publicly opened and read aloud. Project Description: Construction and renovation of the pocket park located on the southeast corner of East Mendenhall Street and North Black Avenue. The project includes the expansion of the existing pocket park to create the I-Ho Pomeroy Peace Park that celebrates I-Ho Pomeroy through Korean artistic elements and multi-modal elements such as new bike parking and bioretention bump outs for pedestrian safety and improved stormwater management, expanded planting areas, concrete seat walls, and site furniture. The project includes both on-site and off-site improvements. For this project, bids will only be received and accepted via the online electronic bid service through QuestCDN. A contractor may view the contract documents at no cost prior to becoming a Planholder. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. QuestCDN may be located using the link in the left-hand navigation menu on the City of Bozeman’s Bids\RFPs\RFQs page or at www.bozeman.net/QuestCDN. The specific project can be found by referencing the eBidDoc number (eBidDoc #9822248). Complete digital project bidding documents are available to download at www.questcdn.com, for a non-refundable charge of $22.00. Bidders will be charged an additional fee of $42.00 to submit a bid electronically. Contact QuestCDN Customer Support at 952-233-1632 or info@questcdn.com for assistance in membership registration, downloading digital project information and vBid online bid submittal. CONTRACTOR and any of the CONTRACTOR’S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. 222 Section 00100 INVITATION TO BID Page 2 of 2 As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication and has read the material. Each bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS, shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No Bid may be withdrawn after the scheduled time for the public opening of bids. To request an invitation to join the bid opening, please email the project manager, Kendra Piedalue at: kpiedalue@sanbell.com An online pre-bid meeting will be held on August 20, 2025 at 3:00PM. To request an invitation to join the pre-bid meeting, please email the project manager, Kendra Piedalue at: kpiedalue@sanbell.com The City of Bozeman reserves the right to reject any or all proposals received, to waive informalities to postpone the award of the contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the City of Bozeman. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 9th day of August 2025. Mike Maas City Clerk, City of Bozeman Published Bozeman, Montana, August 9, 2025 August 30, 2025 223 INSTRUCTIONS TO BIDDERS Page 1 INSTRUCTIONS TO BIDDERS 1. BIDS a. The Bid Form included within the Bidding Documents is for reference only. The City of Bozeman will only accept online electronic bids through QuestCDN. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. QuestCDN may be located using the link in the left-hand navigation menu on the City of Bozeman’s Bids\RFPs\RFQs page or at www.bozeman.net/QuestCDN. The specific project can be found by referencing the eBidDoc number (eBidDoc #9822248). Complete digital project bidding documents are available to download for a non- refundable charge of ($22). Bidders will be charged an additional fee of ($42) to submit a bid electronically. For electronic bids, scans of required electronic bid documents will be accepted. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the bid being submitted may be rejected as irregular. b. A bid shall be submitted no later than the date and time prescribed and as indicated in the Invitation to Bid and shall be submitted online through QuestCDN. The bid shall include the name and address of the Bidder and shall be accompanied by the Bid Security, Nondiscrimination Affirmation Form, and other required documents. c. Contract Documents may be viewed at the following locations: Sanbell 106 E Babcock St., Suite L1 Bozeman, MT 59715 Phone: (406) 522-9876 2. BID SECURITY The Bid must be accompanied by a Bid Security which shall not be less than 10 percent of the amount of the bid. At the option of the Bidder, the security may be in the form of a cashier's check, certified check, bank money order, or bank draft drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana or Bid Bond (EJCDC C-430) executed by a surety corporation authorized to do business in the State of Montana. No bid will be considered unless it is accompanied by the required guaranty. Cashier's checks, certified checks, bank money orders, or bank drafts must be made payable to the City of Bozeman. The Bid Security shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. Should the Bidder fail to furnish the properly executed Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and signed Agreement within the time specified, he/she shall forfeit this Bid Security to the Owner. The Bid Security (negotiable instruments other than bonds) will be returned to un- successful Bidders when the successful Bidder has signed the Agreement and furnished satisfactory 224 INSTRUCTIONS TO BIDDERS Page 2 Performance and Labor and Material Payment Bonds. At the option of the Owner, bid security with bids that are not competitive may be returned prior to signature of the Agreement. Revised Bids submitted before the opening of bids, if representing an increase in the original bid, must have the Bid Security adjusted accordingly; otherwise, the bid will not be accepted. If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form (EJCDC C-430) bound herewith. 3. SUBSTITUTE AND “OR-EQUAL” ITEMS The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. 4. INTERPRETATIONS AND/OR ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda emailed to all parties recorded by QuestCDN as having downloaded the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. It shall be the responsibility of the Bidder to download such Addenda prior to submitting his online bid. 5. EXAMINATION OF CONTRACT DOCUMENTS AND CONDITIONS OF WORK SITE a. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 1. Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor, and should fully inform himself as to the facilities involved, and the difficulties and restrictions attending the performance of the Contract. In submitting a bid for this project, the Bidder is thereby acknowledging that he is capable of performing the specified work on the site. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents, and shall verify the accuracy of the estimated quantities in the Bid Proposal. Failure to do so will not relieve the successful Bidder of his obligations to carry out the provisions of this Contract. 225 INSTRUCTIONS TO BIDDERS Page 3 2. The submission of a Bid will constitute a representation of familiarization by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. b. The Contractor may refer to the following for information regarding site conditions: 1. Those reports, if any, of explorations and tests of subsurface conditions at the site which have been prepared by the Owner and are included as part of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon the completeness thereof for the purposes of bidding or construction. 2. Those drawings of physical conditions in or relating to the existing surface and subsurface conditions which are at or contiguous to the site (except Underground Facilities) which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. c. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. d. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02 and 4.03 of the General Conditions. e. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other items and conditions of the Contract Documents. f. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. g. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto are designated for use by Contractor in performing the Work. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. h. The submission of a Bid will constitute representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon 226 INSTRUCTIONS TO BIDDERS Page 4 performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. TIME FOR RECEIVING BIDS Bids received prior to the advertised time of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. 7. OPENING OF BIDS At the time for the opening of bids, the Owner will cause to be opened and publicly read aloud every bid received within the time set for receiving Bids, irrespective of any irregularities therein, except bids that do not contain either the bid bond or non-discrimination affirmation, which will not be read. Bidders and other persons properly interested may be present, in person or by representative. To request an invitation to join the bid opening, please email the project manager: Kendra Piedalue at kpiedalue@sanbell.com 8. WITHDRAWAL OF BIDS Bids may be withdrawn at any time prior to the scheduled closing time for the receipt of bids if through written confirmation or in person. The Bid Security of any Bidder withdrawing his bid in accordance with the foregoing conditions shall be returned promptly. No bids shall be withdrawn for a period of 60 days after the scheduled closing time for receipt of bids. 9. METHOD OF AWARD OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because bid is not responsive, or the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the OWNER. The OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternatives, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. In addition, the OWNER may require interviews with any Bidder to evaluate the Bidder’s skill, ability, equipment, and materials to determine the lowest responsible bidder to complete the contract. In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. 227 INSTRUCTIONS TO BIDDERS Page 5 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If, at any time this Contract is to be awarded, the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner’s interests. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. 10. PRE-AWARD CONFERENCE The Bidder submitting what appears to be the lowest “responsible” bid may be required to meet with the Engineer prior to the award of the contract for the purpose of discussing pertinent details pertaining to the proposed Work. The following points will be considered in particular: a. The Contractor's organization and equipment available for work and the Contractor's proposed sources of materials or installed equipment. b. Contractor's financial status and capability to execute the contract. c. The Contractor's proposed schedule of operations. d. The interpretation of the Specifications. e. The Contractor's proposed wage rates for use on the project. f. Bidder status concerning “responsibility”. g. Approval of subcontractors. h. Unbalanced bids, either in excess or below the reasonable cost analysis value. Should the conference indicate that the Contractor does not appear to be in a position to properly undertake the Work or that he has not properly familiarized himself with the Plans and Specifications, the Owner reserves the right to reject the bid of this Contractor and to consider the next Bidder. 228 INSTRUCTIONS TO BIDDERS Page 6 11. EXECUTION OF AGREEMENT a. Subsequent to the award and within 15 days after the date of the Notice of Award, the successful Bidder shall execute and deliver to the Owner an Agreement, the Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and an Approval of Subcontractors form in such number of copies as the Owner may require. The standard Agreement form as issued by the Owner shall be used as the contracting instrument. b. The Agreement form shall be signed in longhand by the proper representatives of the contracting firm as follows: 1. The principal of the single-owner firm. 2. A principal of the partnership firm. 3. An officer of the incorporated firm, or an agent whose signature is accompanied by a certified copy of the resolution of the Board of Directors authorizing the agent to sign. 4. Other persons signing for a single-owner firm or a partnership shall attach a Power of Attorney evidencing his authority to sign for that firm. c. The Owner within 30 days of receipt of acceptable Performance Bond, Labor and Material Payment Bond, required Insurance Certificates, and Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder may by written notice withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. 12. PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS AND INSURANCE a. The Owner will require the successful Contractor to furnish a Performance Bond (EJCDC C-610) in the amount of 100 percent of the contract price as security for the faithful performance of his Contract. b. The Owner will require the successful Contractor to furnish a Labor and Material Payment Bond (EJCDC C-615) in the amount of 100 percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection therewith. c. The bonds will be signed by the Attorney-in-fact and countersigned by a Montana Resident Agent. d. Prior to beginning work, Insurance Certificates as proof of insurance coverage shall be filed with the Owner. The specifications for the Workers' Compensation, Commercial General Liability, Separate Owner's and Contractor's Protective Policy, and other related insurance are listed in these Contract Documents. 229 INSTRUCTIONS TO BIDDERS Page 7 13. POWER OF ATTORNEY a. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. b. One original shall be furnished with each set of bonds. c. Additional copies furnished with a set of bonds may be copies of that original. 14. LABOR AND WAGES a. For public projects in excess of $25,000 let, the Contractor(s) shall pay the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable in the county or locality in which the work is being performed (18-2-403, Montana Code Annotated). b. On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States Department of Transportation or when residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, each Contractor shall ensure that at least 50 percent of the Contractor’s workers performing labor on the project are bona fide Montana residents, as defined in 18-2-401, (18-2-409, MCA). c. Montana Prevailing Wage Rates. The Montana Commissioner of Labor and Industry has established the standard prevailing rate of wages in accordance with 18-2-401 and 18-2-402, Montana Code Annotated. A copy of the wage rates are bound herein. It is the Contractor’s responsibility to classify their workers in accordance with the craft of trade to be performed and pay the appropriate established prevailing wage rate. d. The Contractor shall classify all workers on the project in accordance with the Department of Labor Wage Rate Determinations. In the event the Contractor is unable to classify a worker in accordance with these rates, the Contractor shall contact the Department of Labor and Industry, Labor Standards Bureau, Wage and Hour Unit, Helena, Montana 59604, for a determination of the prevailing wage rate to be paid that particular worker. e. Should the prevailing rate of wages change during the life of the contract, the wage rates included in the Contract Documents at the time of the bid opening shall be the prevailing wage rate for the life of the contract. f. Section 18-2-406, Montana Code Annotated, provides that Contractors, subcontractors, and employers who are performing services under public works contracts as provided in this part shall post in a prominent and accessible site on the project or work area, not later than the first day of work, a legible statement of all wages and fringe benefits to be paid to employees on such site or work area. g. Travel allowance, if applicable, may or may not be all-inclusive of "travel" and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. 230 INSTRUCTIONS TO BIDDERS Page 8 h. Any notice of infraction of the labor laws of the State of Montana received by the Owner or Engineer will be forwarded to the State of Montana, Department of Labor and Industry, Wage and Hour Unit, Helena, Montana. i. Safety Training. Contractor shall comply with the Occupational Safety and Health Act (OSHA). 15. EQUAL EMPLOYMENT OPPORTUNITY Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, national origin, sex, marital status, age, or political ideas. The Owner is an equal opportunity employer. 16. MONTANA CONTRACTOR'S TAX (GROSS RECEIPTS TAX) All Bidders are reminded that a Gross Receipts Tax in the amount of 1 percent of the total bid will be withheld from all payments, for projects over $5,000.00, due to Contractor pursuant to Section 15-50-205, MCA. 17. PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, or in the development of the project. Such records will contain the name and address of each employee, his correct classification, rates of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, the Contractor will submit weekly a copy of all payrolls to the Owner and Engineer. The copy shall be accompanied by a certification signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Montana Department of Labor and Industry, and that the classifications set forth for each laborer or mechanic conform with the work he performed. The prime Contractor will make the record required under the labor standards clause of the Contract available for inspection by authorized representatives of the Owner and the Montana Department of Labor and Industry and will permit such representatives to interview employees during working hours on the job. Payroll reports and certificates of compliance shall be submitted to the Owner and Engineer prior to or with each Payment Request. The copies sent to the Owner and Engineer are for archive purposes only, because neither the Owner or Engineer are trained in the interpretation of payroll reports, and thus will rely on the Contractor’s certification that all employees are being classified and paid appropriately. 18. MAINTENANCE OF RECORDS Contractor shall maintain all required records for three years after the Owner makes final payment and all other pending matters are closed. 231 INSTRUCTIONS TO BIDDERS Page 9 19. NOTICE TO PROCEED The Notice to Proceed will normally be issued within 30 days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual written agreement between the Owner and Contractor. 20. CONTRACT TIME The Contract Time will be as set forth in the Agreement Form. 21. LIQUIDATED DAMAGES Liquidated damages will be as set forth in the agreement form. 22. MONTANA CONTRACTOR’S REGISTRATION Each bidder will be required to be registered with the State of Montana, Department of Labor and Industry prior to execution of the contract. 232 121 North Rouse Avenue P.O. Box 1230 PROJECT IDENTIFICATION: I-Ho Peace Park City of Bozeman Bozeman, Montana THIS BID SUBMITTED TO: City Clerk Bozeman, Montana 59771-1230 The work shall be substantially complete on or before December 8, 2025. Where multiple schedules are awarded under a single Contract,the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. THE UNDERSIGNED BIDDER,having familiarized himself with the Work required by the Contract Documents,the site(s)where the work is to be performed,local labor conditions and all laws,regulations,municipal ordinances and other factors which may affect the performance of the Work,and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees,if this bid is accepted,to enter into an Agreement,in the form attached,to perform all work for the construction of I-HO POMEROY PEACE PARK,including the assumption of all obligations,duties,and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in,and form a permanent part of,the work;tools,equipment,supplies,transportation,facilities, labor,superintendence,and services required to perform the Work;Bonds,Insurance and Submittals;all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15)calendar days after Owner's acceptance of this Bid,and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The City of Bozeman will only accept online electronic bids through QuestCDN. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. Refer to the instructions to bidders for additional information. BID FORM P:22367.06_6_I-Ho_Bid Form.xls BID FORM Page 1 of 11 (05/16/25) rpe 233 The undersigned Bidder agrees that the unit prices shall govern in checking the Bid,and should a discrepancy exist in the total prices and total amount of Bid as listed above,after extensions are checked and corrections made,if any,the total amount of the Bid as corrected shall be used in awarding the contract. The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. BIDDER will complete the Work in accordance with the CONTRACT DOCUMENTS for the following price(s).Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions.BIDDER acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids,and final payment for all Unit Price Bid items will be based on actual quantities provided,determined as provided in the CONTRACT DOCUMENTS. The undersigned agrees that the unit prices shall govern in checking the Bid and should a discrepancy existing in the Total Estimated Price and the Total Amount of Unit Prices Bid as listed below after extensions are check and correction made,if any,the Total Amount of unit Prices Bid as correct shall be used in awarding this Contract.The owner reserves the right to reject any or all bids. The undersigned Bidder hereby certifies the following: A)That this Bid is genuine and is not made in the interest of,or on behalf of,any undisclosed person,firm,or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. NOTE: Contractor shall fill out all Bid Schedule prices on the Quest CDN Platform. E)That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s)either singularly or as a joint venture hereby certifies (certify)pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. P:22367.06_6_I-Ho_Bid Form.xls BID FORM Page 2 of 11 (05/16/25) rpe 234 BID SUMMARY - SCHEDULE I, II, & III $ $ $ $ (Figures) TOTAL BID: SCHEDULE I - III ALL ITEMS ARE COMPLETE IN PLACE TOTAL BID - SCHEDULE I TOTAL BID - SCHEDULE II TOTAL BID - SCHEDULE III TOTAL BID - SCHEDULE I-III P:22367.06_6_I-Ho_Bid Form.xls BID FORM Page 3 of 11 (05/16/25) rpe 235 SCHEDULE I - PARK IMPROVEMENTS ITEM NO. EST. QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE $$ 100 1 LS Mobilization and Insurance /LS = 101 1 LS Stormwater Management and Erosion Control /LS = 102 1 LS Archways /LS = 103 1 LS Irrigation Sleeving /LS = 104 1 LS Rock, Debris, Tree, and Concrete Removal /LS = 105 27 CY Infiltration gravel /CY = 106 75 CY Topsoil & Compost /CY = 107 1 LS Saw Cut Asphalt /LS = 108 515 SF Filter Fabric /SF = 109 1950 SF Grade Prep /SF = 110 13 CY Rock Mulch /CY = 111 1 LS Area for Drip /LS = 112 4 EA Trees /EA = 113 22 EA 5 Gallon Shrubs /EA = 114 101 EA 1 Gallon Perennials /EA = 115 70 EA 1 Gallon Grasses /EA = 116 3 EA Benches /EA = 117 6 Tons Boulders Delivered and Installed /Tons = 118 28 EA Skate Stops /EA = 119 19 CY Concrete Seat Wall & Concrete Edging /CY = 120 3 EA Planters /EA = 121 1 LS Sign Letters /LS = ALL ITEMS ARE COMPLETE IN PLACE P:22367.06_6_I-Ho_Bid Form.xls BID FORM Page 4 of 11 (05/16/25) rpe 236 ITEM NO. EST. QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE $$ 122 1 LS Custom Metal Work Art Panels /LS = 123 208 SF Pavers & Removal, Storage, and Reinstallation of Ex. Pavers /SF = 124 1 LS Landscape Labor & Equipment LS 125 5 EA Bike Racks /EA = 126 1 EA Peace Pole Installation /EA = 127 1 LS Arborist /LS = 128 368 SF Asphalt Removal /SF = 129 55 LF 6" Header Curb /LF = 130 1 EA Relocate ADA Sign /EA = 131 1 LS Striping /LS = 132 160 SF 4" Sidewalk Including Base Gravel /SF = $ (Figures) TOTAL BID: SCHEDULE I - PARK IMPROVEMENTS TOTAL BID - SCHEDULE I P:22367.06_6_I-Ho_Bid Form.xls BID FORM Page 5 of 11 (05/16/25) rpe 237 SCHEDULE II - STREET IMPROVEMENTS ITEM NO. EST. QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE $$ 200 1 LS Mobilization and Insurance /LS = 201 1 LS Traffic Control Street Improvements /LS = 202 1 LS Permit & Asphalt Demo, Removal Replace (1547 sf)/LS 203 6 EA Delineators /EA = 204 1 LS Pavement Marking Removal /LS = 205 1 LS Striping - Intersection and Curb Painting /LS = $ (Figures) TOTAL BID: SCHEDULE II - STREET IMPROVEMENTS ALL ITEMS ARE COMPLETE IN PLACE TOTAL BID - SCHEDULE II P:22367.06_6_I-Ho_Bid Form.xls BID FORM Page 6 of 11 (05/16 /25) rpe 238 SCHEDULE III - STORMWATER IMPROVEMENTS ITEM NO. EST. QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE $$ 300 1 LS Mobilization and Insurance /LS = 301 1 LS Traffic Control Street Improvements /LS = 302 1 LS Concrete Washout /LS 303 1 LS Sawcut Asphalt, 1' Millback Asphalt @ 1.5" Depth (155lf), 1.5" Base Course Gravel, 4" Asphalt /LS = 304 115 LF Curb and Gutter Demo & Removal /LF = 305 1 LS Stormwater Management and Erosion Control /LS = 306 130 LF Standard Curb & Gutter w/ rundowns /LF = 307 100 LF 6" Header Curb /LF = 308 60 LF 18" Header Curb /LF = 309 1 EA Reset Existing Sign Posts /EA = 310 2 EA Standard ADA Ramp w/ Truncated Domes /EA = 311 77 CY Unclassified Excavation/Haul/ Import /CY = 312 2 EA Area Drain /EA = 313 1 EA Dry Well /EA = 314 65 CY Infiltration Gravels /CY = 315 2 EA Connect Area Drain to Existing Pipe /EA = 316 400 SF 4" Sidewalk Including Base Gravel /SF = 317 1 LS Landscape Labor & Equipment LS 318 1918 SF Filter Fabric /SF = 319 17 CY Rock Mulch /CY = ALL ITEMS ARE COMPLETE IN PLACE P:22367.06_6_I-Ho_Bid Form.xls BID FORM Page 7 of 11 (05/16/25) rpe 239 ITEM NO. EST. QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE $$ 320 1 LS Area for Drip /LS = 321 58 EA 1 Gallon Grasses /EA = 322 16 EA 1 Gallon Perennials /EA = 323 2 Tons Boulders Delivered and Installed Tons 324 3 CY 6" D50 River Rock Cobble /CY = 325 51 CY Topsoil & Compost /CY = $ (Figures) TOTAL BID: SCHEDULE III - STORMWATER IMPROVEMENTS TOTAL BID - SCHEDULE III P:22367.06_6_I-Ho_Bid Form.xls BID FORM Page 8 of 11 (05/16/25) rpe 240 An Individual: By: Phone No.:Fax No.: BASIS OF AWARD If the contract is awarded,the Owner will award a single Contract in accordance with the Instructions to Bidders.Bidders shall submit a Bid for all bid Schedules on a lump sum basis for each item of Work listed as provided and described above.The Owner reserves the right to accept or reject the Bids,or portions of the Bids denoted as separate schedules or alternates.The award will be made by the Owner on the basis of that Bid from the lowest responsive,responsible Bidder which,in the Owner’s sole and absolute judgment,will best serve the interest of the Owner. The undersigned Bidder acknowledged receipt of the following Addenda,which have been considered in preparation of this Bid: No._____________________________ Dated____________________ No._____________________________ Dated____________________ No._____________________________ Dated____________________ No._____________________________ Dated___________________ Submitted on , 2025 Montana Contractor's Registration No. (if any)_____________________ Employer's Tax ID No._____________________________________ If Bidder Is: (Name, typed or printed) (Individual's Signature) Doing Business as: Business Address: P:22367.06_6_I-Ho_Bid Form.xls BID FORM Page 9 of 11 (05/16/25) rpe 241 A Partnership: By: Phone No.:Fax No.: A Corporation: By: Title: Attest: Phone No.:Fax No.: Phone No.:Fax No.: Date of Qualification to do Business (Partnership Name) (Signature) (Name, Typed or Printed) Business Address: (Corporation Name) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): (Signature of Person Authorized to Sign) Business Address: (Corporate Seal) P:22367.06_6_I-Ho_Bid Form.xls BID FORM Page 10 of 11 (05/16/25) rpe 242 By: (Signature of Joint Venture Partner) Name: Title: Phone No.:Fax No.: By: (Signature of Joint Venture Partner) Name: Title: Address of Joint Venture for Receipt of Official Communication: Phone No.:Fax No.: Phone No.:Fax No.: A Joint Venture:Each Joint Venture Must Sign Joint Venturer Name: (Name, typed or printed) (Name, typed or printed) Business Address: Joint Venturer Name: (Name, typed or printed) (Name, typed or printed) Business Address: (Each Joint Venture must sign. The manner of signing for each individual, partnership and corporation that is party to the joint venture should be in the manner indicated above.) END OF SECTION Address: P:22367.06_6_I-Ho_Bid Form.xls BID FORM Page 11 of 11 (05/16/25) rpe 243 PENAL SUM FORM EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. 244 PENAL SUM FORM EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. 245 NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices” publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 246 AGREEMENT FORM THIS AGREEMENT is dated as of the day of __________ in the year 2025, by and between CITY OF BOZEMAN, hereinafter called OWNER, and , hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Construction of the I-Ho Pomeroy Peace Park on the southeast corner of East Mendenhall Street and North Black Avenue, bioretention bump-outs and associated sidewalk and crossing improvements. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: I-Ho Pomeroy Peace Park Article 2. CONTRACT TIME. 2.1 The Work will be completed within 70 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one thousand dollars ($ 1,000.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of _ _ Dollars ($). 247 Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 248 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions (by reference). 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Seventh Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Seventh Edition, October 2024 with addenda (by reference). 7.12 Appendix A – Contract Quantities and Standard Drawings 7.13 Appendix B – Contract Drawings 249 7.14 Addenda listed on the Bid forms. 7.15 CONTRACTOR'S executed Bid forms. 7.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.17 Notice of Award. 7.18 Notice to Proceed. 7.19 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.20 Any Notice of Partial Utilization. 7.21 Notice of Substantial Completion. 7.22 Notices of Final Completion and Acceptance. 7.23 Contract Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. 8.5 The Contractor agrees that all hiring by Contractor of persons performing this Agreement 250 shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti- discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 8.6 Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. 251 (CONTRACTOR) By (SEAL &) (ATTEST) Title (JOINT VENTURE) By (SEAL &) (ATTEST) Title _____________________________ City of Bozeman (OWNER) By _____________________________ (CITY MANAGER) (SEAL &) (ATTEST) _____________________________ APPROVED AS TO FORM: ________________________________ (CITY ATTORNEY) 252 253 254 255 256 257 258 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared By Endorsed By 259 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Copyright© 2018 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. 260 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology ....................................................................................................... 1 Article 2— Preliminary Matters .................................................................................................................... 5 Article 3— Contract Documents: Intent, Requirements, Reuse ................................................................... 6 Article 4— Commencement and Progress of the Work ............................................................................... 6 Article 5— Site, Subsurface and Physical Conditions, Hazardoud Environmental Conditions ..................... 6 Article 6— Bonds and Insurance ................................................................................................................... 7 Article 7— Contractor’s Responsibilities .................................................................................................... 15 Article 8— Other Work at the Site .............................................................................................................. 16 Article 9— Owner’s Responsibilities ........................................................................................................... 17 Article 10— Engineer’s Status During Construction ................................................................................... 17 Article 11— Changes to the Contract ......................................................................................................... 18 Article 12— Claims ...................................................................................................................................... 19 Article 13— Cost of Work; Allowances, Unit Price Work ............................................................................ 19 Article 14— Tests and Inspections; Correction, Removal, or Accceptance of Defective Work ............ Error! Bookmark not defined. Article 15— Payments to Contractor, Set Offs; Completions; Correction Period ...................................... 20 Article 16— Suspension of Work and Termination .................................................................................... 22 Article 17— Final Resolutions of Disputes .................................................................................................. 22 Article 18— Miscellaneous ......................................................................................................................... 24 Exhibit A— Software Requirements for Electronic Document Exchange ...... Error! Bookmark not defined. Exhibit B— Foreseeable Bad Weather Days .................................................. Error! Bookmark not defined. Exhibit C— Geotechnical Baseline Report Supplement to the Supplementary Conditions Error! Bookmark not defined. 261 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 1 of 30 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT These Supplementary Conditions amend or supplement EJCDC® C-700, Standard General Conditions of the Construction Contract (2018). The General Conditions remain in full force and effect except as amended. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added—for example, “Paragraph SC-4.05.” ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01.A.8 – Add the following at the end of the Paragraph: The Change Order form to be used on this Project is EJCDC C-941 (2018). Agency approval is required before Change Orders are effective. SC-1.01.A.30 – Add the following at the end of the Paragraph: For the purposes of Rural Development, this term is synonymous with the term “applicant” as defined in 7 CFR 1780.7 (a) (1), (2) and (3) and is an entity receiving financial assistance from the federal programs. SC-1.01.A.50 – Add the following at the end of the Paragraph: The Work Change Directive form to be used on this Project is EJCDC C-940 (2018). Agency approval is required before a Work Change Directive is issued. SC-1.01.A.51 – Add the following new paragraph immediately after Paragraph 1.01.A.50: 51. Agency - The Project is financed in whole or in part by USDA Rural Utilities Service pursuant to the Consolidated Farm and Rural Development Act (7 USC Section 1921 et seq.). The Rural Utilities Service programs are administered through the USDA Rural Development offices; therefore, the Agency for these documents is USDA Rural Development. SC-1.01.A.52 – Add the following new paragraph with the title “American Iron and Steel Definitions” immediately after Paragraph 1.01.A.51: 262 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 2 of 30 52.a American Iron and Steel (AIS) - Requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference for “iron and steel products,” meaning the following products, if made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. AIS requirements apply in each of the several states, the District of Columbia, and each federally recognized Tribe, but not the U.S. Territories. 52.b Coating - A covering that is applied to the surface of an object. If a Coating is applied to the external surface of a domestic iron or Steel component, and the application takes place outside of the United States, said product would be considered a compliant product under the AIS requirements. Any Coating processes that are applied to the external surface of Iron and Steel components that would otherwise be AIS compliant would not disqualify the product from meeting the AIS requirements regardless of where the Coating processes occur, provided that final assembly of the product occurs in the United States. This exemption only applies to Coatings on the external surface of Iron and Steel components. It does not apply to Coatings or linings on internal surfaces of Iron and Steel products, such as the lining of lined pipes. All Manufacturing Processes for lined pipes, including the application of pipe lining, must occur in the United States for the product to be compliant with AIS requirements. 52.c Construction Materials - Those articles, materials, or supplies made primarily of iron and/or steel, that are permanently incorporated into the project, not including mechanical and/or electrical components, equipment and systems. Some of these products may overlap with what is also considered “structural steel”. Note: Mechanical and electrical components, equipment and systems are not considered Construction Materials. See definitions of Mechanical Equipment and Electrical Equipment. 52.d Contractor’s Certification - Documentation submitted by the Contractor upon Substantial Completion of the Contract that all Iron and Steel products installed were Produced in the United States. 52.e De Minimis - Various miscellaneous, incidental low-cost components that are essential for, but incidental to, the construction and are incorporated into the physical structure of the project. Examples of De Minimis components could include small washers, screws, fasteners (such as “off the shelf” nuts and bolts), miscellaneous wire, corner bead, ancillary tube, signage, trash bins, door hardware etc. Costs for such De Minimis components cumulatively may comprise no more than a total of five percent of the total cost of the materials used in and incorporated into a project; the cost of an individual item may not exceed one percent of the total cost of the materials used in and incorporated into a project. 52.f Electrical Equipment - Typically any machine powered by electricity and includes components that are part of the electrical distribution system. AIS does not apply to Electrical Equipment. 263 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 3 of 30 52.g Engineer’s Certification - Documentation submitted by the Engineer that Drawings, Specifications, and Bidding Documents comply with AIS. 52.h Iron and Steel products - The following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. Only items on the above list made primarily of iron or steel, permanently incorporated into the project must be Produced in the United States. For example, trench boxes, scaffolding or equipment, which are removed from the project site upon completion of the project, are not required to be made of U.S. iron or steel. 52.i Manufacturer - A Supplier, fabricator, distributor, materialman, or vendor is an entity with which the Owner, Contractor or any subcontractor has contracted to furnish materials or equipment to be incorporated in the project by the Owner, Contractor or a subcontractor. 52.j Manufacturer’s Certification - Documentation provided by the Manufacturer stating that the Iron and Steel products to be used in the project are produced in the United States in accordance with American Iron and Steel (AIS) Requirements. If items are purchased via a Supplier, distributor, vendor, etc. from the Manufacturer directly, then the Supplier, distributor, vendor, etc. will be responsible for obtaining and providing these certifications to the parties purchasing the products. 52.k Manufacturing Processes - Processes such as melting, refining, pouring, forming, rolling, drawing, finishing, and fabricating. Further, if a domestic Iron and Steel product is taken out of the United States for any part of the manufacturing process, it becomes foreign source material. However, raw materials such as iron ore, limestone and iron and steel scrap are not covered by the AIS requirement, and the material(s), if any, being applied as a Coating are similarly not covered. Non-iron or Steel components of an Iron and Steel product may come from non-US sources. For example, for products such as valves and hydrants, the individual non-Iron and Steel components do not have to be of domestic origin. Raw materials, such as iron ore, limestone, scrap iron, and scrap steel, can come from non-U.S. sources. 52.l Mechanical Equipment - Typically equipment which has motorized parts and/or is powered by a motor. AIS does not apply to Mechanical Equipment. 52.m Minor Components - Components within an iron and/or Steel product otherwise compliant with the American Iron and Steel requirements; this waiver is typically used by Manufacturers. It differs from the De Minimis definition in that De Minimis pertains to the entire project and the minor component definition pertains to a single product. This waiver allows use of non-domestically produced miscellaneous Minor Components comprising up to five percent of the total material cost of an otherwise domestically produced Iron and Steel product. However, unless a separate waiver for a product has been approved, all other Iron and Steel components in said product must still meet the AIS requirements. This waiver does not exempt the whole product from the AIS requirements only Minor 264 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 4 of 30 Components within said product and the iron or Steel components of the product must be produced domestically. Valves and hydrants are also subject to the cost ceiling requirements described here. Examples of Minor Components could include items such as pins and springs in valves/hydrants, bands/straps in couplings, and other low-cost items such as small fasteners etc. 52.n Municipal Castings - Cast iron or Steel infrastructure products that are melted and cast. They typically provide access, protection, or housing for components incorporated into utility owned drinking water, storm water, wastewater, and solid waste infrastructure. 52.o Primarily Iron or Steel - A product is made of greater than 50 percent iron or Steel on a materials cost basis. An exception to this definition is reinforced precast concrete (see Definitions). All technical specifications and applicable industry standards (e.g. NIST, NSF, AWWA) must be met. If a product is determined to be less than 50 percent iron and/or steel, the AIS requirements do not apply. For example, the cost of a fire hydrant includes: The cost of materials used for the iron portion of a fire hydrant (e.g. bonnet, body and shoe); and The cost to pour and cast to create those components (e.g. labor and energy). Not included in the cost are: The additional material costs for the non-iron or Steel internal workings of the hydrant (e.g. stem, coupling, valve, seals, etc.); and The cost to assemble the internal workings into the hydrant body. 52.p Produced in the United States - The production in the United States of the iron or Steel products used in the project requires that all Manufacturing Processes must take place in the United States, with the exception of metallurgical processes involving refinement of steel additives. 52.q Reinforced Precast Concrete – Reinforced Precast Concrete structures must comply with AIS, regardless of whether or not it consists of at least 50 percent iron or steel. The reinforcing bar and wire must be Produced in the United States and meet the same standards as for any other iron or Steel product. Additionally, the casting of the concrete product must take place in the United States. The cement and other raw materials used in concrete production are not required to be of domestic origin. If the reinforced concrete is cast at the construction site, the reinforcing bar and wire are considered Construction Materials and must be Produced in the United States. 52.r Steel - An alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements. Metallic elements such as chromium, nickel, molybdenum, manganese, and silicon may be added during the melting of Steel for the purpose of enhancing properties such as corrosion resistance, hardness, or strength. The definition of Steel covers carbon steel, alloy steel, stainless steel, tool steel, and other specialty steels. 265 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 5 of 30 52.s Structural Steel - Rolled flanged shapes, having at least one dimension of their cross-section three inches or greater, which are used in the construction of bridges, buildings, ships, railroad rolling stock, and for numerous other constructional purposes. Such shapes are designated as wide-flange shapes, standard I-beams, channels, angles, tees, and zees. Other shapes include but are not limited to, H-piles, sheet piling, tie plates, cross ties, and those for other special purposes. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance SC-2.01 Delete Paragraphs 2.01.B. and C. in their entirety and insert the following in their place: B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies (including all endorsements, and identification of applicable self-insured retentions and deductibles) of insurance required to be provided by Contractor in this Contract. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. C. Evidence of Owner’s Insurance: After receipt from Contractor of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor copies of the policies of insurance to be provided by Owner in this Contract (if any). Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. 2.02 Copies of Documents SC-2.02 Amend the first sentence of Paragraph 2.02.A. to read as follows: Owner shall furnish to Contractor five printed copies of the Contract Documents (including one fully signed counterpart of the Agreement), and one in electronic portable document format (PDF). SC-2.02 Delete Paragraph 2.02.A in its entirety and insert the following new paragraph in its place: A. Owner shall furnish to Contractor 5 printed copies of conformed Contract Documents incorporating and integrating all Addenda and any amendments negotiated prior to the Effective Date of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies of the conformed Contract Documents will be furnished upon request at the cost of reproduction. 266 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 6 of 30 ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent SC-3.01 Delete Paragraph 3.01.C in its entirety. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK SC-4.01.A – Delete the last sentence of paragraph. 4.05 Delays in Contractor’s Progress SC-4.05 Amend Paragraph 4.05.C by adding the following subparagraphs: 5. Weather-Related Delays a. If “abnormal weather conditions” as set forth in Paragraph 4.05.C.2 of the General Conditions are the basis for a request for an equitable adjustment in the Contract Times, such request must be documented by data substantiating each of the following: 1) that weather conditions were abnormal for the period of time in which the delay occurred, 2) that such weather conditions could not have been reasonably anticipated, and 3) that such weather conditions had an adverse effect on the Work as scheduled. Extreme or unusual weather that is typical for a given region, elevation, or season should not be considered abnormal weather conditions. Requests for time extensions due to abnormal weather conditions will be submitted to the Engineer within five days of the end of the abnormal weather condition event. It is the responsibility of the Contractor to provide the information listed in SC 4.05.C.5.b. ARTICLE 5—SITE, SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS 5.03 Subsurface and Physical Conditions SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.D: E. The following table lists the reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data, and specifically identifies the Technical Data in the report upon which Contractor may rely: [If there are no such reports, so indicate in the table.] Report Title Date of Report Technical Data [Identify Technical Data] F. The following table lists the drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to 267 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 7 of 30 the Site (except Underground Facilities), that contain Technical Data, and specifically identifies the Technical Data upon which Contractor may rely: Drawings Title Date of Drawings Technical Data [Identify Technical Data] G. Contractor may examine copies of reports and drawings identified in SC-5.03.E and SC-5.03.F that were not included with the Bidding Documents at [location] during regular business hours, or may request copies from Engineer. 5.06 Hazardous Environmental Conditions SC-5.06 Add the following new paragraphs immediately after Paragraph 5.06.A.3: 4. The following table lists the reports known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and the Technical Data (if any) upon which Contractor may rely: Report Title Date of Report Technical Data [Identify Technical Data] 5. The following table lists the drawings known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and Technical Data (if any) contained in such Drawings upon which Contractor may rely: [If there are no such drawings, so indicate in the table] Drawings Title Date of Drawings Technical Data [Identify Technical Data] ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds SC-6.01 Add the following paragraphs immediately after Paragraph 6.01.A: 1. Required Performance Bond Form: The performance bond that Contractor furnishes will be in the form of EJCDC® C-610, Performance Bond (2010, 2013, or 2018 edition). 2. Required Payment Bond Form: The payment bond that Contractor furnishes will be in the form of EJCDC® C-615, Payment Bond (2010, 2013, or 2018 edition). SC-6.01 Add the following paragraphs immediately after Paragraph 6.01.B: 1. The correction period specified as one year after the date of Substantial Completion in Paragraph 15.08.A of the General Conditions is hereby revised to be _____ years after Substantial Completion. 268 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 8 of 30 6.02 Insurance—General Provisions SC-6.02 Add the following paragraph immediately after Paragraph 6.02.H.2 of the General Conditions: 3. For the following Subcontractors, Suppliers, or categories of Subcontractor or Supplier, Contractor shall require the following specified insurance, with policy limits as stated: ______________________________________________________________________ 6.03 Contractor’s Insurance SC-6.03 Supplement Paragraph 6.03 with the following provisions after Paragraph 6.03.C: D. Other Additional Insureds: As a supplement to the provisions of Paragraph 6.03.C of the General Conditions, the commercial general liability, automobile liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies must include as additional insureds (in addition to Owner and Engineer) the following: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ E. Workers’ Compensation and Employer’s Liability: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance, including, as applicable, United States Longshoreman and Harbor Workers’ Compensation Act, Jones Act, stop-gap employer’s liability coverage for monopolistic states, and foreign voluntary workers’ compensation (from available sources, notwithstanding the jurisdictional requirement of Paragraph 6.02.B of the General Conditions). Workers’ Compensation and Related Policies Policy limits of not less than: Workers’ Compensation State Statutory Applicable Federal (e.g., Longshoreman’s) Statutory Foreign voluntary workers’ compensation (employer’s responsibility coverage), if applicable Statutory Jones Act (if applicable) Bodily injury by accident—each accident $ Bodily injury by disease—aggregate $ Employer’s Liability Each accident $ Each employee $ Policy limit $ Stop-gap Liability Coverage For work performed in monopolistic states, stop-gap liability coverage must be endorsed to either the worker’s compensation or commercial general liability policy with a minimum limit of: $ F. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against claims for: 269 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 9 of 30 1. damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees, 2. damages insured by reasonably available personal injury liability coverage, and 3. damages because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. G. Commercial General Liability—Form and Content: Contractor’s commercial liability policy must be written on a 1996 (or later) Insurance Services Organization, Inc. (ISO) commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage. a. Such insurance must be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18. 3. Severability of interests and no insured-versus-insured or cross-liability exclusions. 4. Underground, explosion, and collapse coverage. 5. Personal injury coverage. 6. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements. 7. For design professional additional insureds, ISO Endorsement CG 20 32 07 04 “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. H. Commercial General Liability—Excluded Content: The commercial general liability insurance policy, including its coverages, endorsements, and incorporated provisions, must not include any of the following: 1. Any modification of the standard definition of “insured contract” (except to delete the railroad protective liability exclusion if Contractor is required to indemnify a railroad or others with respect to Work within 50 feet of railroad property). 2. Any exclusion for water intrusion or water damage. 3. Any provisions resulting in the erosion of insurance limits by defense costs other than those already incorporated in ISO form CG 00 01. 4. Any exclusion of coverage relating to earth subsidence or movement. 5. Any exclusion for the insured’s vicarious liability, strict liability, or statutory liability (other than worker’s compensation). 270 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 10 of 30 6. Any limitation or exclusion based on the nature of Contractor’s work. 7. Any professional liability exclusion broader in effect than the most recent edition of ISO form CG 22 79. I. Commercial General Liability—Minimum Policy Limits Commercial General Liability Policy limits of not less than: General Aggregate $ Products—Completed Operations Aggregate $ Personal and Advertising Injury $ Bodily Injury and Property Damage—Each Occurrence $ J. Automobile Liability: Contractor shall purchase and maintain automobile liability insurance for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy must be written on an occurrence basis. Automobile Liability Policy limits of not less than: Bodily Injury Each Person $ Each Accident $ Property Damage Each Accident $ [or] Combined Single Limit Combined Single Limit (Bodily Injury and Property Damage) $ K. Umbrella or Excess Liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the Paragraphs above. The coverage afforded must be at least as broad as that of each and every one of the underlying policies. Excess or Umbrella Liability Policy limits of not less than: Each Occurrence $ General Aggregate $ L. Using Umbrella or Excess Liability Insurance to Meet CGL and Other Policy Limit Requirements: Contractor may meet the policy limits specified for employer’s liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policy’s policy limits and partial attribution of the policy limits of an umbrella or excess liability policy that is at least as broad in coverage as that of the underlying policy, as specified herein. If such umbrella or excess liability policy was required under this Contract, at a specified minimum policy limit, such umbrella or 271 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 11 of 30 excess policy must retain a minimum limit of $[specify amount] after accounting for partial attribution of its limits to underlying policies, as allowed above. M. Contractor’s Pollution Liability Insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage, including cleanup costs, as a result of pollution conditions arising from Contractor’s operations and completed operations. This insurance must be maintained for no less than three years after final completion. Contractor’s Pollution Liability Policy limits of not less than: Each Occurrence/Claim $ General Aggregate $ N. Contractor’s Professional Liability Insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance must cover negligent acts, errors, or omissions in the performance of professional design or related services by the insured or others for whom the insured is legally liable. The insurance must be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. The retroactive date on the policy must pre-date the commencement of furnishing services on the Project. Contractor’s Professional Liability Policy limits of not less than: Each Claim $ Annual Aggregate $ O. Railroad Protective Liability Insurance: Prior to commencing any Work within 50 feet of railroad-owned and controlled property, Contractor shall (1) endorse its commercial general liability policy with ISO CG 24 17, removing the contractual liability exclusion for work within 50 feet of a railroad, (2) purchase and maintain railroad protective liability insurance meeting the following requirements, (3) furnish a copy of the endorsement to Owner, and (4) submit a copy of the railroad protective policy and other railroad-required documentation to the railroad, and notify Owner of such submittal. Railroad Protective Liability Insurance Policy limits of not less than: Each Claim $ Aggregate $ P. Unmanned Aerial Vehicle Liability Insurance: If Contractor uses unmanned aerial vehicles (UAV—commonly referred to as drones) at the Site or in support of any aspect of the Work, Contractor shall obtain UAV liability insurance in the amounts stated; name Owner, Engineer, and all individuals and entities identified in the Supplementary Conditions as additional insureds; and provide a certificate to Owner confirming Contractor’s compliance with this requirement. Such insurance will provide coverage for property damage, bodily injury or death, and invasion of privacy. 272 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 12 of 30 Unmanned Aerial Vehicle Liability Insurance Policy limits of not less than: Each Claim $ General Aggregate $ Q. Other Required Insurance: __________________________________________________________________________ __________________________________________________________________________ 6.04 Builder’s Risk and Other Property Insurance SC-6.04 Delete Paragraph 6.04.A and insert the following in its place: A. Owner shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the Work’s full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder’s risk insurance are set forth in the Supplementary Conditions. SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions: F. Builder’s Risk Requirements: The builder’s risk insurance must: 1. be written on a builder’s risk “all risk” policy form that at a minimum includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment stored and in transit, and must not exclude the coverage of the following risks: fire; windstorm; hail; flood; earthquake, volcanic activity, and other earth movement; lightning; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; and water damage (other than that caused by flood). a. Such policy will include an exception that results in coverage for ensuing losses from physical damage or loss with respect to any defective workmanship, methods, design, or materials exclusions. b. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake, volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance will be provided through other insurance policies acceptable to Owner and Contractor. 2. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for 273 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 13 of 30 the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 3. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of contractors, engineers, and architects). 4. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). If this coverage is subject to a sublimit, such sublimit will be a minimum of $[amount]. 5. extend to cover damage or loss to insured property while in transit. If this coverage is subject to a sublimit, such sublimit will be a minimum of $[amount]. 6. allow for the waiver of the insurer’s subrogation rights, as set forth in this Contract. 7. allow for partial occupancy or use by Owner by endorsement, and without cancellation or lapse of coverage. 8. include performance/hot testing and start-up, if applicable. 9. be maintained in effect until the Work is complete, as set forth in Paragraph 15.06.D of the General Conditions, or until written confirmation of Owner’s procurement of property insurance following Substantial Completion, whichever occurs first. 10 include as named insureds the Owner, Contractor, Subcontractors (of every tier), and any other individuals or entities required by this Contract to be insured under such builder’s risk policy. For purposes of Paragraphs 6.04, 6.05, and 6.06 of the General Conditions, and this and all other corresponding Supplementary Conditions, the parties required to be insured will be referred to collectively as “insureds.” In addition to Owner, Contractor, and Subcontractors of every tier, include as insureds the following: a. _________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 11. include, in addition to the Contract Price amount, the value of the following equipment and materials to be installed by the Contractor but furnished by the Owner or third parties: a. _________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 12. If debris removal in connection with repair or replacement of insured property is subject to a coverage sublimit, such sublimit will be a minimum of $________________. 13. In addition to the coverage sublimits stated above, the following coverages are also subject to sublimits, as follows: a. _________________________________________________________________ __________________________________________________________________I 274 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 14 of 30 f this coverage is subject to a sublimit, such sublimit will be a minimum of $_______________. SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provision: G. Coverage for Completion Delays: The builder’s risk policy will include, for the benefit of Owner, loss of revenue and soft cost coverage for losses arising from delays in completion that result from covered physical losses or damage. Such coverage will include, without limitation, fixed expenses and debt service for a minimum of 12 months with a maximum deductible of 30 days, compensation for loss of net revenues, rental costs, and attorneys’ fees and engineering or other consultants’ fees, if not otherwise covered. SC-6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions: H. Builder’s Risk and Other Property Insurance Deductibles: The purchaser of any required builder’s risk, installation floater, or other property insurance will be responsible for costs not covered because of the application of a policy deductible. 1. The builder’s risk policy (or if applicable the installation floater) will be subject to a deductible amount of no more than $________ for direct physical loss in any one occurrence. SC-6.04 Delete Paragraph 6.04.A of the General Conditions and substitute the following in its place: A. Installation Floater 1. Contractor shall provide and maintain installation floater insurance on a broad form or “all risk” policy providing coverage for materials, supplies, machinery, fixtures, and equipment that will be incorporated into the Work (“Covered Property”). Coverage under the Contractor’s installation floater will include loss from covered “all risk” causes (perils) to Covered Property: a. of the Contractor, and Covered Property of others that is in Contractor’s care, custody, and control; b. while in transit to the Site, including while at temporary storage sites; c. while at the Site awaiting and during installation, erection, and testing; d. continuing at least until the installation or erection of the Covered Property is completed, and the Work into which it is incorporated is accepted by Owner. 2. The installation floater coverage cannot be contingent on an external cause or risk, or limited to property for which the Contractor is legally liable. 3. The installation floater coverage will be in an amount sufficient to protect Contractor’s interest in the Covered Property. The Contractor will be solely responsible for any deductible carried under this coverage. 4. This policy will include a waiver of subrogation applicable to Owner, Contractor, Engineer, all Subcontractors, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them. 275 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 15 of 30 ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES 7.03 Labor; Working Hours SC-7.03 Add the following new subparagraphs immediately after Paragraph 7.03.C: 1. Regular working hours will be __________________________________. 2. Owner's legal holidays are ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________. SC-7.03 Amend the first and second sentences of Paragraph 7.03.C to state “…all Work at the Site must be performed during regular working hours, _________ through _______________. Contractor will not perform Work on a ____________, ______________, or any legal holiday.” SC-7.03 Delete Paragraph 7.03.C in its entirety, and insert the following: C. In the absence of any Laws or Regulations to the contrary, Contractor may perform the Work on holidays, during any or all hours of the day, and on any or all days of the week, at Contractor's sole discretion. SC-7.03 Add the following new paragraph immediately after Paragraph 7.03.C: D. Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer’s services (including those of the Resident Project Representative, if any), Owner's representative, and construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. SC-7.03 Add the following new subparagraph immediately after Paragraph SC-7.03.D: 1. For purposes of administering the foregoing requirement, additional overtime costs are defined as __________________________________________________________. 7.10 Taxes SC-7.10 Add a new paragraph immediately after Paragraph 7.10.A: A. Owner is exempt from payment of sales and compensating use taxes of the State of __________________ and of cities and counties thereof on all materials to be incorporated into the Work. 1. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work. 2. Owner’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work. 276 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 16 of 30 7.13 Safety and Protection SC-7.13 Insert the following after the second sentence of Paragraph 7.13.G: The following Owner safety programs are applicable to the Work: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________. SC-7.16.A.1.c – Amend paragraph by deleting the last period and adding: , including Manufacturer’s Certification letter for any item in the submittal subject to American Iron and Steel requirements and include the Certificate in the submittal. Refer to Manufacturer’s Certification Letter provided in these Contract Documents. SC-7.16.C.9 – Add new paragraph immediately after Paragraph 7.16.C.8: 9. Engineer’s review and approval of a Shop Drawing or Sample shall include review of Manufacturers’ Certifications in order to document compliance with American Iron and Steel requirements, as applicable. SC-7.17.F – Add new paragraph immediately after Paragraph 7.17.E: F. Contractor shall certify upon Substantial Completion that all Work and Materials have complied with American Iron and Steel requirements as mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference. Contractor shall provide said Certification to Owner. Refer to General Contractor’s Certification Letter provided in these Contract Documents. ARTICLE 8—OTHER WORK AT THE SITE 8.02 Coordination SC-8.02 Add the following new Paragraph 8.02.C immediately after Paragraph 8.02.B: C. Owner intends to contract with others for the performance of other work at or adjacent to the Site. 1. ________________________ shall have authority and responsibility for coordination of the various contractors and work forces at the Site; 2. The following specific matters are to be covered by such authority and responsibility: _____________________________________________]; 3. The extent of such authority and responsibilities is: _____________________________ 277 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 17 of 30 ARTICLE 9—OWNER’S RESPONSIBILITIES 9.13 Owner’s Site Representative SC-9.13 Add the following new paragraph immediately after Paragraph 9.12 of the General Conditions: 9.13 Owner’s Site Representative A. Owner will furnish an “Owner’s Site Representative” to represent Owner at the Site and assist Owner in observing the progress and quality of the Work. The Owner’s Site Representative is not Engineer’s consultant, agent, or employee. Owner’s Site Representative will be ______________________. The authority and responsibilities of Owner’s Site Representative follow: __________________________________________________________________________ __________________________________________________________________________. ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION 10.03 Resident Project Representative SC-10.03 Add the following new subparagraph immediately after Paragraph 10.03.A: 1. On this Project, by agreement with the Owner, the Engineer will not furnish a Resident Project Representative to represent Engineer at the Site or assist Engineer in observing the progress and quality of the Work. SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.B: C. The Resident Project Representative (RPR) will be Engineer's representative at the Site. RPR's dealings in matters pertaining to the Work in general will be with Engineer and Contractor. RPR's dealings with Subcontractors will only be through or with the full knowledge or approval of Contractor. The RPR will: 1. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor’s safety meetings), and as appropriate prepare and circulate copies of minutes thereof. 2. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR’s own personal safety while at the Site. 3. Liaison a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for Contractor’s proper execution of the Work. 278 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 18 of 30 4. Review of Work; Defective Work a. Conduct on-Site observations of the Work to assist Engineer in determining, to the extent set forth in Paragraph 10.02, if the Work is in general proceeding in accordance with the Contract Documents. b. Observe whether any Work in place appears to be defective. c. Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval. 5. Inspections and Tests a. Observe Contractor-arranged inspections required by Laws and Regulations, including but not limited to those performed by public or other agencies having jurisdiction over the Work. b. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work. 6. Payment Requests: Review Applications for Payment with Contractor. 7. Completion a. Participate in Engineer’s visits regarding Substantial Completion. b. Assist in the preparation of a punch list of items to be completed or corrected. c. Participate in Engineer’s visit to the Site in the company of Owner and Contractor regarding completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor. d. Observe whether items on the final punch list have been completed or corrected. D. The RPR will not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. 5 Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Authorize Owner to occupy the Project in whole or in part. ARTICLE 11—CHANGES TO THE CONTRACT SC-11.02.C – Add new paragraph immediately after Paragraph 11.02.B: 279 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 19 of 30 C. The Engineer or Owner shall contact the Agency for concurrence on each Change Order prior to issuance. All Contract Change Orders must be concurred on (signed) by Agency before they are effective. SC-11.03.A.2 - Add new Paragraph 11.03.A.2 immediately after Paragraph 11.03.A, which shall be renamed Paragraph 11.03.A.1: 2. The Engineer or Owner shall contact the Agency for concurrence on each Work Change Directive prior to issuance. Once authorized by Owner, a copy of each Work Change Directive shall be provided by Engineer to the Agency. SC-11.05.B – Add the following at the end of this paragraph: For Owner-authorized changes in the Work, the Contractor will provide the Manufacturer’s Certification(s) for materials subject to American Iron and Steel requirements except when sole-source is specified, in which case the Engineer will provide the Manufacturer’s Certification(s). SC-11.09.B.2.c – Add new paragraph immediately after Paragraph 11.09.B.2.b: c. Change orders involving materials subject to American Iron and Steel requirements shall include supporting data (name of Manufacturer, city and state where the product was manufactured, description of product, signature of authorized Manufacturer’s representative) in the Manufacturer’s Certification Letter, as applicable. ARTICLE 12—CLAIMS No suggested Supplementary Conditions in this Article. ARTICLE 13—COST OF WORK; ALLOWANCES, UNIT PRICE WORK 13.01 Cost of the Work SC-13.01 Supplement Paragraph 13.01.B.5.c.(2) by adding the following sentence: The equipment rental rate book that governs the included costs for the rental of machinery and equipment owned by Contractor (or a related entity) under the Cost of the Work provisions of this Contract is the most current edition of ____________________________. SC-13.01 Supplement Paragraph 13.01.C.2 by adding the following definition of small tools and hand tools: a. For purposes of this paragraph, “small tools and hand tools” means any tool or equipment whose current price if it were purchased new at retail would be less than $500. [or insert other threshold price.] SC-13.02.C – Delete paragraph in its entirety and insert ”Deleted”. 280 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 20 of 30 13.03 Unit Price Work SC-13.03 Delete Paragraph 13.03.E in its entirety and insert the following in its place: E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the extended price of a particular item of Unit Price Work amounts to [number] percent or more of the Contract Price (based on estimated quantities at the time of Contract formation) and the variation in the quantity of that particular item of Unit Price Work actually furnished or performed by Contractor differs by more than [number] percent from the estimated quantity of such item indicated in the Agreement; and b. Contractor’s unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor’s costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 14—PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD 15.01 Progress Payments SC-15.01.B.4 – Add the following language at the end of paragraph: No payments will be made that would deplete the retainage, place in escrow any funds that are required for retainage or invest the retainage for the benefit of the Contractor. SC-15.01.B.5 – Add new paragraph immediately after Paragraph 15.01.B.4: 5. The Application for Payment form to be used on this Project is EJCDC® C-620. The Agency must approve all Applications for Payment before payment is made. SC-15.01.B.6 – Add new paragraph immediately after Paragraph 15.01.B.5: 6. By submitting an Application for Payment based in whole or in part on furnishing equipment or materials, Contractor certifies that such equipment and materials are compliant with American Iron and Steel requirements. Manufacturer’s Certification letter 281 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 21 of 30 for materials satisfy this requirement. Refer to Manufacturer’s Certification Letter provided in these Contract Documents. SC-15.01.C.2.d – Add the following new paragraph immediately after Paragraph 15.01.C.2.c: d. The materials presented for payment in an Application for Payment comply with American Iron and Steel requirements. SC-15.01.D.1 – Delete paragraph in its entirety and insert the following in its place: The Application for Payment with Engineer’s recommendations will be presented to the Owner and Agency for consideration. If both the Owner and Agency find the Application for Payment acceptable, the recommended amount less any reduction under the provisions of Paragraph 15.01.E will become due twenty (20) days after the Application for Payment is presented to the Owner, and the Owner will make payment to the Contractor. SC-15.01 Add the following new Paragraph 15.01.F: F. For contracts in which the Contract Price is based on the Cost of Work, if Owner determines that progress payments made to date substantially exceed the actual progress of the Work (as measured by reference to the Schedule of Values), or present a potential conflict with the Guaranteed Maximum Price, then Owner may require that Contractor prepare and submit a plan for the remaining anticipated Applications for Payment that will bring payments and progress into closer alignment and take into account the Guaranteed Maximum Price (if any), through reductions in billings, increases in retainage, or other equitable measures. Owner will review the plan, discuss any necessary modifications, and implement the plan as modified for all remaining Applications for Payment. SC-15.02.A – Amend paragraph by striking out the following text: “7 days after”. 15.03 Substantial Completion SC-15.03.A – Modify by adding the following after the last sentence: Contractor shall also submit the General (Prime) Contractor’s Certification of Compliance certifying that to the best of the Contractor’s knowledge and belief all substitutes, equals, and all Iron and Steel products proposed in the Shop Drawings, Change Orders, and Partial Payment Estimates, and those installed for the Project, are either Produced in the United States or are the subject of an approved waiver under Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, 282 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 22 of 30 Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference. SC-15.03 Add the following new subparagraph to Paragraph 15.03.B: 1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re- inspection or re-testing, including the cost of time, travel and living expenses, will be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under this Article 15. 15.08 Correction Period SC-15.08 Add the following new Paragraph 15.08.G: G. The correction period specified as one year after the date of Substantial Completion in Paragraph 15.08.A of the General Conditions is hereby revised to be the number of years set forth in SC-6.01.B.1; or if no such revision has been made in SC-6.01.B, then the correction period is hereby specified to be [number] years after Substantial Completion. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION No suggested Supplementary Conditions in this Article. ARTICLE 16—FINAL RESOLUTIONS OF DISPUTES 17.02 Arbitration SC-17.02 Add the following new paragraph immediately after Paragraph 17.01. 17.02 Arbitration A. All matters subject to final resolution under this Article will be settled by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules (subject to the conditions and limitations of this Paragraph SC-17.02). Any controversy or claim in the amount of $100,000 or less will be settled in accordance with the American Arbitration Association’s supplemental rules for Fixed Time and Cost Construction Arbitration. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitration administrator, and a copy will be sent to Engineer for information. The demand for arbitration will be made within the specific time required in Article 17, or if no specified time is applicable within a reasonable time after the matter in question has arisen, and in no event will any such demand be made after the date when institution of legal or equitable proceedings based on such matter in question would be barred by the applicable statute of limitations. 283 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 23 of 30 C. The arbitrator(s) must be licensed engineers, contractors, attorneys, or construction managers. Hearings will take place pursuant to the standard procedures of the Construction Arbitration Rules that contemplate in-person hearings. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute or the Contract. Any award in an arbitration initiated under this clause will be limited to monetary damages and include no injunction or direction to any party other than the direction to pay a monetary amount. D. The Arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a specific Law or Regulation or this Contract permits them to do so. E. The award of the arbitrators must be accompanied by a reasoned written opinion and a concise breakdown of the award. The written opinion will cite the Contract provisions deemed applicable and relied on in making the award. F. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges will constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver will not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. G. No arbitration arising out of or relating to the Contract will include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, and Engineer’s consultants and the officers, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless: 1. the inclusion of such other individual or entity will allow complete relief to be afforded among those who are already parties to the arbitration; 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration, and which will arise in such proceedings; 3. such other individual or entity is subject to arbitration under a contract with either Owner or Contractor, or consents to being joined in the arbitration; and 4. the consolidation or joinder is in compliance with the arbitration administrator’s procedural rules. H. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal, subject to provisions of the Laws and Regulations relating to vacating or modifying an arbitral award. I. Except as may be required by Laws or Regulations, neither party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties, with the exception of any disclosure required by Laws and Regulations or the Contract. To the extent any disclosure is allowed pursuant to the exception, the disclosure must be strictly and narrowly limited to maintain confidentiality to the extent possible. 284 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 24 of 30 17.03 Attorneys’ Fees SC-17.03 Add the following new paragraph immediately after Paragraph 17.02. [Note: If there is no Paragraph 17.02, because neither arbitration nor any other dispute resolution process has been specified here in the Supplementary Conditions, then revise this to state “Add the following new Paragraph immediately after Paragraph 17.01” and revise the numbering accordingly]. 17.03 Attorneys’ Fees A. For any matter subject to final resolution under this Article, the prevailing party shall be entitled to an award of its attorneys’ fees incurred in the final resolution proceedings, in an equitable amount to be determined in the discretion of the court, arbitrator, arbitration panel, or other arbiter of the matter subject to final resolution, taking into account the parties’ initial demand or defense positions in comparison with the final result. ARTICLE 17—MISCELLANEOUS 18.08 Assignment of Contract SC-18.08 Add the following new paragraph immediately after Paragraph 18.08.A: B. The contract dated ____________ between Owner as “buyer” and ___________ as “seller” for procurement of goods and special services (“procurement contract”) ___________________ assigned to Contractor by Owner, and Contractor [accepts] [will accept] such assignment. A form documenting the assignment is attached as an exhibit to this Contract. 1. This assignment will occur on the _____________________, and will relieve the Owner as “buyer” from all further obligations and liabilities under the procurement contract. 2. Upon assignment, the “seller” will be a Subcontractor or Supplier of the Contractor, and Contractor will be responsible for seller’s performance, acts, and omissions, as set forth in Paragraph 7.07 of the General Conditions just as Contractor is responsible for all other Subcontractors and Suppliers. 3. Notwithstanding this assignment, all performance guarantees and warranties required by the procurement contract will continue to run for the benefit of the Owner and, in addition, for the benefit of the Contractor. 4. Except as noted in the procurement contract, all rights, duties and obligations of Engineer to “buyer” and “seller” under the procurement contract will cease ______________________________. SC-18.11 – Add new paragraph immediately after Paragraph 18.10: 18.11 Tribal Sovereignty A. No provision of this Agreement will be construed by any of the signatories as abridging or debilitating any sovereign powers of the _______________ Tribe; affecting the trust- 285 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 25 of 30 beneficiary relationship between the Secretary of the Interior, Tribe, and Indian landowner(s); or interfering with the government-to-government relationship between the United States and the Tribe. SC-19 – Add the following new Article 19 immediately after Article 18: Article 19 - FEDERAL REQUIREMENTS 19.01 Agency Not a Party A. This Contract is expected to be funded in part with funds provided by Agency. Neither Agency, nor any of its departments, entities, or employees, is a party to this Contract. 19.02 Contract Approval A. Owner and Contractor will furnish Owner’s attorney such evidence as required so that Owner’s attorney can complete and execute the “Certificate of Owner’s Attorney” (Exhibit G of this Bulletin) before Owner submits the executed Contract Documents to Agency for approval. B. Agency concurrence is required on both the Bid and the Contract before the Contract is effective. 19.03 Conflict of Interest A. Contractor may not knowingly contract with a Supplier or Manufacturer if the individual or entity who prepared the Drawings and Specifications has a corporate or financial affiliation with the Supplier or Manufacturer. Owner’s officers, employees, or agents shall not engage in the award or administration of this Contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) the employee, officer or agent; (ii) any member of their immediate family; (iii) their partner or (iv) an organization that employs, or is about to employ, any of the above, has a financial interest or other interest in or a tangible personal benefit from the Contractor. Owner’s officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from Contractor or subcontractors. 19.04 Gratuities A. If Owner finds after a notice and hearing that Contractor, or any of Contractor’s agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of Owner or Agency in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract, Owner may, by written notice to Contractor, terminate this Contract. Owner may also pursue other rights and remedies that the law or 286 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 26 of 30 this Contract provides. However, the existence of the facts on which Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resolution provisions of this Contract. B. In the event this Contract is terminated as provided in paragraph 19.04.A, Owner may pursue the same remedies against Contractor as it could pursue in the event of a breach of this Contract by Contractor. As a penalty, in addition to any other damages to which it may be entitled by law, Owner may pursue exemplary damages in an amount (as determined by Owner) which shall not be less than three nor more than ten times the costs Contractor incurs in providing any such gratuities to any such officer or employee. 19.05 Small, Minority and Women’s Businesses A. If Contractor intends to let any subcontracts for a portion of the work, Contractor will take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps will include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 19.06 Anti-Kickback A. Contractor shall comply with the Copeland Anti-Kickback Act (40 USC 3145) as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants of the United States”). The Act provides that Contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities, to give up any part of the compensation to which they are otherwise entitled. Owner shall report all suspected or reported violations to Agency. 19.07 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended 287 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 27 of 30 A. Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 19.08 Equal Employment Opportunity A. The Contract is considered a federally assisted construction contract. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 19.09 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) A. Contractors that apply or bid for an award exceeding $100,000 must file the required certification (RD Instruction 1940-Q Exhibit A-1). The Contractor certifies to the Owner and every subcontractor certifies to the Contractor that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining the Contract if it is covered by 31 U.S.C. 1352. The Contractor and every subcontractor must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the Owner. Necessary certification and disclosure forms shall be provided by Owner. 19.10 Environmental Requirements A. When constructing a Project involving trenching and/or other related earth excavations, Contractor shall comply with the following environmental conditions: 1. Wetlands – When disposing of excess, spoil, or other Construction Materials on public or private property, Contractor shall not fill in or otherwise convert wetlands. 2. Floodplains – When disposing of excess, spoil, or other Construction Materials on public or private property, Contractor shall not fill in or otherwise convert 100-year floodplain areas (Standard Flood Hazard Area) delineated on the latest Federal Emergency Management Agency Floodplain Maps, or other appropriate maps, e.g., alluvial soils on NRCS Soil Survey Maps. 3. Historic Preservation - Applicants shall ensure that Contractors maintain a copy of the following inadvertent discovery plan onsite for review: 288 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 28 of 30 a. If during the course of any ground disturbance related to any Project, any post review discovery, including but not limited to, any artifacts, foundations, or other indications of past human occupation of the area are uncovered, shall be protected by complying with 36 CFR § 800.13(b)(3) and (c) and shall include the following: i. All Work, including vehicular traffic, shall immediately stop within a 50 ft. radius around the area of discovery. The Contractor shall ensure barriers are established to protect the area of discovery and notify the Engineer to contact the appropriate RD personnel. The Engineer shall engage a Secretary of the Interior (SOI) qualified professional archeologist to quickly assess the nature and scope of the discovery; implement interim measures to protect the discovery from looting and vandalism; and establish broader barriers if further historic and/or precontact properties, can reasonably be expected to occur. ii. The RD personnel shall notify the appropriate RD environmental staff member, the Federal Preservation Officer (FPO), and State Historic Preservation Office (SHPO) immediately. Indian tribe(s) or Native Hawaiian Organization (NHOs) that have an interest in the area of discovery shall be contacted immediately. The SHPO may require additional tribes or NHOs who may have an interest in the area of discovery also be contacted. The notification shall include an assessment of the discovery provided by the SOI qualified professional archeologist. iii. When the discovery contains burial sites or human remains, the Contractor shall immediately notify the appropriate RD personnel who will contact the RD environmental staff member, FPO, and the SHPO. The relevant law enforcement authorities shall be immediately contacted by onsite personnel to reduce delay times, in accordance with tribal, state, or local laws including 36 CFR Part 800.13; 43 CFR Part 10, Subpart B; and the Advisory Council on Historic Preservation’s Policy Statement Regarding treatment of Burial Sites, Human Remains, or Funerary Objects (February 23, 2007). iv. When the discovery contains burial sites or human remains, all construction activities, including vehicular traffic shall stop within a 100 ft. radius of the discovery and barriers shall be established. The evaluation of human remains shall be conducted at the site of discovery by a SOI qualified professional. Remains that have been removed from their primary context and where that context may be in question may be retained in a secure location, pending further decisions on treatment and disposition. RD may expand this radius based 289 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 29 of 30 on the SOI professional’s assessment of the discovery and establish broader barriers if further subsurface burial sites, or human remains can reasonably be expected to occur. RD, in consultation with the SHPO and interested tribes or NHOs, shall develop a plan for the treatment of native human remains. v. Work may continue in other areas of the undertaking where no historic properties, burial sites, or human remains are present. If the inadvertent discovery appears to be a consequence of illegal activity such as looting, the onsite personnel shall contact the appropriate legal authorities immediately if the landowner has not already done so. vi. Work may not resume in the area of the discovery until a notice to proceed has been issued by RD. RD shall not issue the notice to proceed until it has determined that the appropriate local protocols and consulting parties have been consulted. vii. Inadvertent discoveries on federal and tribal land shall follow the processes required by the federal or tribal entity. 4. Endangered Species – Contractor shall comply with the Endangered Species Act, which provides for the protection of endangered and/or threatened species and critical habitat. Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of Contractor, Contractor will immediately report this evidence to Owner and a representative of Agency. Construction shall be temporarily halted pending the notification process and further directions issued by Agency after consultation with the U.S. Fish and Wildlife Service. 5. Mitigation Measures – The following environmental mitigation measures are required on this Project: [Insert mitigation measures from the Letter of Conditions here]. 19.11 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) A. Where applicable, for contracts awarded by the Owner in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor will comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Contractor will compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic will be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 290 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (6/16/2020). Page 30 of 30 19.12 Debarment and Suspension (Executive Orders 12549 and 12689) A. A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 19.13 Procurement of recovered materials A. The Contractor will comply with 2 CFR Part 200.322, “Procurement of recovered materials.” 19.14 American Iron and Steel A. Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference applies an American Iron and Steel requirement to this project. All iron and steel products used in this project must be produced in the United States. The term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. B. The following waivers apply to this Contract: 1. De Minimis, 2. Minor Components, 3. Pig iron and direct reduced iron, and 4. [add project specific waivers as applicable]. 291 I-HO POMEROY PEACE PARK Project # 24006.03 MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS, SEVENTH EDITION 292 MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS Seventh Edition April 2021 Distributed by: Montana Contractors Association 1717 11th Avenue, Helena, MT 59601 www.mtagc.org (406) 442-4162 293 I-HO POMEROY PEACE PARK Project # 24006.03 CITY OF BOZEMAN STANDARD MODIFICATIONS TO THE MPWSS SEVENTH EDITION, OCTOBER 2024 294 City of Bozeman Standard Modifications to MPWSS Seventh Edition, October 2024 Refer to City of Bozeman Website www.bozeman.net 295 I-HO POMEROY PEACE PARK Project # 24006.03 SPECIAL PROVISIONS 296 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 1 of 15 SPECIAL PROVISIONS SP-1 SPECIFICATIONS AND CONTRACT DOCUMENTS The Bidding Requirements, Contract Forms, Conditions of the Contract, Standard General Conditions, and Specifications governing this contract are these Contract Documents, the Montana Public Works Standard Specifications (MPWSS), Seventh Edition, April 2021 and the City of Bozeman Modifications to the MPWSS, Seventh Edition, including all addenda. SP-2 GENERAL The following special provision items are included to supplement the standard specifications and to clarify items specific to this contract. These provisions are part of the overall specifications and, as such, shall be regarded in a like manner during the bidding process and during the construction phase. The special provision items shall govern during the construction phase and shall supersede items of like nature in the standard specifications. Precedence shall be given in the following order: 1) Special Provisions; 2) City of Bozeman Modifications to the MPWSS, Seventh Edition, including all addenda; 3) Montana Public Works Standard Specifications (MPWSS), Seventh Edition, April 2021. Contractor shall coordinate all construction activities through all phases of the project, the intent being to complete the proposed construction in a neat orderly fashion, in a timely manner, and with a minimum of disturbance to neighbors and the traveling public. The Contract Drawings consist of sheets numbered C1.1 to L5.1 (19 total sheets). Each sheet bears the following general title: I-HO POMEROY PEACE PARK. Contractor shall construct project only using plan sheets marked “Issued for Construction”. SP-3 PROJECT DESCRIPTION The project consists of: Construction and renovation of the pocket park located on the southeast corner of East Mendenhall Street and North Black Avenue. The project includes the expansion of the existing pocket park to create the I-Ho Pomeroy Peace Park that celebrates I-Ho Pomeroy through Korean artistic elements and multi-modal elements such as new bike parking and bioretention bump outs for pedestrian safety and improved stormwater management, expanded planting areas, concrete seat walls, and site furniture. The project includes both on-site and off-site improvements. 297 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 2 of 15 SP-4 SCHEDULING Work on this project is anticipated to begin on or after September 29, 2025 and the anticipated duration is 70 calendar days. The project must be completed by December 8, 2025. SP-5 TRAFFIC CONTROL Two-way traffic should generally be maintained on North Black Avenue and one-way traffic should generally be maintained on East Mendenhall Street throughout the duration of construction. Short-term partial and full closures will be allowed as needed to complete the work. When partial or full closures are in place, the Contractor shall ensure that detours and advanced signing are in-place. The Contractor will be required to prepare and submit traffic control plans for review by the Engineer and approval by the City of Bozeman when any partial or full closure takes place. The traffic control plans shall address the Contractor’s suggested phasing/sequencing during each phase of the project. Temporary traffic signing shall comply with City standards and the Manual on Uniform Traffic Control Devices. For each road closure that interrupts the traffic, an informational release shall be submitted to the Engineer for approval by the City of Bozeman. This informational release shall be distributed by the Contractor in the given work area 48 hours prior to beginning construction. The Contractor shall also take measures for publicizing road closures through the Bozeman Daily Chronicle for the five days prior to the closure, as well as making contact with the public services and other news media as follows: SERVICES PHONE FAX 911 Dispatch Center 582-2092 582-2059 City of Bozeman Fire Department 582-2350 City of Bozeman Police Department 528-2000 Gallatin County Sheriff 582-2100 582-2126 Streamline Transit 587-2434 582-7946 Montana Dept. of Transportation ** 556-4700 Montana Highway Patrol 587-4525 587-4534 American Medical Response 586-0037 586-0536 City of Bozeman Clerk’s Office 582-2320 County Commissioners’ Office ** 582-3000 582-3003 ** Additional contacts if significant traffic control impacts on a principal arterial are expected or if directed by the Owner. MEDIA PHONE FAX The Bozeman Daily Chronicle 587-4491 587-7995 Clear Channel Communications 586-2343 587-2202 KBOZ Radio Stations 587-9999 587-5855 298 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 3 of 15 KBZM-FM 582-1045 582-0388 KTVM – NBC 6/42 TV 586-0296 586-0554 KUSM TV 994-3437 994-6545 KWYB – ABC 18/28 TV 586-3594 586-0005 KZBK – CBS 7/26 TV 586-3280 586-4135 If during the course of work, additional signing is deemed necessary by the Contractor, the Contractor shall submit a written request to the Engineer for approval by the City of Bozeman. If the additional signing results in extra expenses, then the extra expenses shall be compensated through a change order to the contract and shall be executed in accordance with all references and requirements herein. No traffic control signs shall be placed on existing sign or utility poles, during construction. SP-6 PAYMENT AND PERFORMANCE BONDS Payment and Performance Bonds are required in accordance with the Montana Public Works Standard Specifications (MPWSS), Seventh Edition, April 2021. Bond forms have been provided in the Payment and Performance Bonds section of the Contract Documents. SP-7 PREVAILING WAGE RATES Work performed under this contract is not subject to the Federal Davis-Bacon Wage Rates. Montana Prevailing Wage Rates shall apply and are provided within this project manual. SP-8 PAYMENT OF CHANGE ORDERS Additional work, above and beyond the original contract work will not be paid for without a signed change order or contract amendment signed by the Owner prior to the start of any additional work. The one exception will be in the event verbal approval for a change order is granted by the Owner, a letter stating the same must be signed by the Owner prior to the start of any additional work. Any work that has begun prior to obtaining approval from the Owner, or the exception listed above, will not be paid for by the Owner and will not be added to the contract. A reconciling change order showing final in-place quantity over-runs and under-runs will be prepared before the final payment to the Contractor. The unit prices will remain unchanged. This reconciling change order shall be prepared before authorization of final payment to the Contractor. SP-9 ADVERSE WEATHER SHUTDOWN 299 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 4 of 15 The Contractor is advised that should the Contractor request an adverse weather shutdown and should such a shutdown be approved by the Engineer, all work on the project shall cease. The Engineer will not be available for work inspection during such shutdowns and any work completed by the Contractor during such a shutdown will not be accepted by the Engineer. In no case will an adverse weather shutdown be approved by the Engineer until all temporary services have been restored. During adverse weather shutdown, Contractor must maintain stormwater management facilities in accordance with the Stormwater Management and Erosion Control Permit and maintain all temporary roads and walkways. Adverse weather conditions include winter conditions. The Contractor shall request Contract Time adjustments without penalty should winter conditions require an adverse weather shutdown. SP-10 BASIS OF PAYMENT The bid items included in the Bid Form include all items, which will receive payment under this contract. Additional work described in the Contract Documents or shown on the Plans, which is not specifically listed in the Bid Form, shall be considered incidental to the closest associated Bid Item. The basis for payment shall be as abbreviated on the Bid Form and defined below: LS = Lump Sum EA = Each LF = Linear Feet VF = Vertical Feet CY = Cubic Yard SY = Square Yard SF = Square Feet TN = Ton GL = Gallon At project completion, adjustments to quantities will be made based on actual amounts installed. Adjustments will not be made for Lump Sum items unless the scope of work is substantially changed during construction as determined by the Engineer. The Engineer shall have final authority in determining if the scope of work has substantially changed. If scope of work must be changed due to negligence or fault of the Contractor, additional payment for Lump Sum items shall not be made. Quantity adjustments to all non-lump sum items shall be measured by the Engineer in the presence of the Contractor. Payment for each item shall be for the finished product including all labor, materials, equipment, overhead, profit and any other miscellaneous items unless otherwise noted in the Contract Documents. Mobilization and Insurance Bid Items. These items include the mobilization of equipment to the site, insurance and bond costs and demobilization. Payment for 300 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 5 of 15 Mobilization and Insurance Bid Items shall be made as follows. Sixty (60) percent of the total item shall be paid with the first application for payment. The remaining forty (40) percent of the total shall be paid with the first application for payment that is submitted to the Engineer after the Certificate of Substantial Completion has been signed by the Engineer and the Owner. Partial Payments of Lump Sum Bid Items. Payment for all lump sum items shall be made on the basis of percent of work complete on individual items at the time the Contractor submits the Application for Payment to the Engineer. If required by the Engineer, the Contractor shall provide evidence of percent of work complete. The percent of work shall then be determined by the judgment and calculations of the Engineer. SP-11 LIMITS OF CONSTRUCTION The Contractor is required to confine construction activities within the limits of the public right-of-way, public easements or designated City owned utility right-of-way easements, or designated construction or staging areas. Contractor shall not disturb existing vegetation, pavement, inlets or curbs more than is required for construction. Vacant lots and/or undeveloped land shall not be available for Contractor use during the course of construction, unless permission is obtained from the property owner. The contract limits are the limits of grading unless shown otherwise. The limits of clearing and grubbing are confined to the limits of grading and to specific limited locations where removals are noted on the plans or directed by the Engineer. The Contractor is required to protect all vegetation. Unless specifically designated for removal, all trees and other improvements in or adjacent to the project shall not be touched, trimmed or injured. All restoration outside the limits of the construction areas shall be at the Contractor’s expense. SP-12 STAGING AREA The staging area for this project shall be identified by the Contractor and coordinated with the City of Bozeman. The Contractor may use the existing right-of-way as a staging area provided the stored materials and/or equipment does not interfere with traffic or limit sight distance and does not block access to any intersecting roadways or driveways. Contractor shall notify adjacent private property owners of any disruption in access to private property. If additional area is needed, the Contractor is responsible for securing the property. Any agreements made between Contractor and adjacent property owners shall be in writing executed by the property owner and an executed copy shall be filed with the Owner and the Engineer, prior to Contractor occupancy of land. SP-13 CONSTRUCTION ACCESS 301 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 6 of 15 The Contractor may access the project site via adjacent arterial or collector streets. Construction traffic on local streets shall be limited to the minimum amount required to complete the work in those areas. In order to leave the site in its original condition, the Contractor shall repair any damage caused by construction activities to concrete, asphalt, landscaping or other existing site features and shall broom clean areas of adjacent roadways. Any damage to existing surfaces or landscaping will be repaired at the Contractor’s expense. SP-14 PRESERVATION AND REPAIR BY CONTRACTOR The Contractor shall be responsible for the preservation of existing paved and gravel street, parking lot, and sidewalk sections which are not to be disturbed by construction. The Contractor is hereby cautioned that any damage done in any paved or gravel service road, parking lot, or sidewalks due to any construction or travel operations (hauling, storage, unloading, etc.), shall be repaired and/or replaced at Contractor’s expense, and to the satisfaction of the Owner. The Contractor shall familiarize themselves with the existing sections in the area and consider self-imposed load restrictions conforming to those sections. All access roads shall be kept free and clear of all mud, gravel, debris, etc., during the project. There will be no additional payment to the Contractor for the cleaning and sweeping of all access roads. If the Contractor fails to keep access roadways clean and City crews are required to provide this service, the cost of this work will be deducted from the Contractor’s application for payment. Through installation of the improvements contemplated by the work, Contractor may encounter existing landscaping or other public or private improvements. Contractor shall repair any landscaping features including, but not limited to, sprinkler heads, irrigation piping, electrical wiring, valves and appurtenances, landscaping mulch, rock and other landscaping improvements. Contractor shall also repair to existing condition, any other improvements (public or private) to the satisfaction of the owner of the improvement if damaged during completion of the work. Repair of damaged items noted shall be incidental to all bid items and shall be at the Contractor’s expense. SP-15 CONTRACTOR'S SUPERINTENDENT The Contractor will be required to have a full-time resident General Superintendent on the project at all times while the work is in progress. The General Superintendent shall be knowledgeable and qualified to evaluate the quality of not only the general construction work but especially the systems and installations of subcontract work. The General Superintendent shall: • Aggressively evaluate on a day-to-day basis and be responsible for the quality and acceptability of all work. • Make the first determination as to the fitness and compliance of all work performed. 302 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 7 of 15 • Be the initiator in regard to rejection of unfit work. • Not passively default or abdicate, in the first analysis, these duties to the Engineer or to the Owner. The General Superintendent shall be in a position to direct the work and make decisions either directly or through immediate contact with General Superintendent’s superior. Absence or incompetence of the General Superintendent shall be reason for the Owner to stop all work on the project. The General Superintendent or Contractor’s designated representative shall maintain, at the project site, a “Record Set of Drawings” showing field changes, as-built elevations, unusual conditions encountered during construction, manufacturer’s catalog number of equipment supplied, and other data as required to provide the Owner with an accurate “as-constructed” set of drawings. An approval by the Engineer shall not be given on the final payment request until complete record drawings are submitted to the Engineer. SP-16 CONTRACTOR WORK HOURS The schedule for this project has been figured on the basis of the Contractor working five days a week (Monday through Friday, excluding legal holidays), ten (10) hours a day. Should the Contractor and/or Contractor’s subcontractor(s) desire to work more than five (5) days per week or more than ten (10) hours per day, then approval to do so must be obtained from the Engineer. If the additional work hours result in costs above and beyond the Engineer’s contract fees, the actual cost of the additional Engineer’s services will be the responsibility of the Contractor and will be deducted from the Contractor’s application for payment. These costs shall not be considered a part of the liquidated damages. Listed below is the applied rate schedule in the event the Engineer is due additional compensation. Hourly Fee Schedule Staff Personnel Services Expert Witness/Special Consultant = $ 290.00 Principal = $ 250.00 Senior Engineer = $ 195.00 Project Engineer = $ 155.00 Staff Engineer = $ 135.00 Engineer Intern = $ 90.00 Senior Land Planner = $ 155.00 Land Planner = $ 155.00 Right-of-Way Agent = $ 168.00 Senior Landscape Architect = $ 165.00 Landscape Architect = $ 135.00 Landscape Designer = $ 105.00 Senior Professional Land Surveyor = $ 160.00 303 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 8 of 15 Professional Land Surveyor = $ 140.00 Staff Surveyor = $ 115.00 Field Survey Technician = $ 85.00 Marketing Director = $ 185.00 Graphic Artist = $ 115.00 Photographer = $ 180.00 Web Developer = $ 155.00 Senior Designer = $ 120.00 Designer = $ 107.00 CADD Technician = $ 100.00 Senior Construction Engineering Technician = $ 145.00 Construction Engineering Technician = $ 100.00 Construction Inspector = $ 88.00 Project Administrator = $ 100.00 Administrative/Clerical = $ 90.00 No work shall be done between the hours of 7:00 p.m. and 7:00 a.m., nor on Saturdays, Sundays, or legal holidays, without the written approval of the Owner. However, work necessary in case of emergencies or for the protection of equipment or finished work may be done without the Owner’s approval. SP-17 CONTRACTOR RESPONSIBILITIES The Contractor shall be responsible for obtaining all permits as required by local government agencies. The Contractor shall enforce strict discipline and good order among Contractor’s employees and other persons carrying out the Agreement. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the work. The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Agreement. At completion of this work, the Contractor shall remove from and about the project waste materials, rubbish, tools, construction equipment, machinery and surplus materials. To the fullest extent of the Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer from and against all claims, costs, damages, losses and expenses, including, but not limited to, attorney's fees arising out of or resulting from performance of the work caused in whole or in part by negligent acts or omissions of the Contractor, subcontractor(s), anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 304 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 9 of 15 The Contractor shall coordinate all phases of the work with Owner’s use of the facility to minimize or avoid conflict, protect all existing work adjacent to new construction, and repair any damage and leave premises in original condition, except where otherwise specified by the Engineer. Contractor agrees to attend or be represented at weekly team meetings during the term of the project to assure coordination with the other project participants if required. SP-18 TEMPORARY FACILITIES Water, power, heat, and toilet facilities are not available at the job site. The Contractor shall provide, at Contractor’s expense, temporary water, power, heat, and toilet facilities, as required. The Contractor shall design, construct, and maintain miscellaneous services and facilities as needed to accommodate performance of the work, including temporary stairs, ramps, ladders, staging, shoring, scaffolding, temporary partitions, waste chutes, sidewalk bridge/walkway, and similar items. SP-19 TEMPORARY IRRIGATION The Contractor is responsible for maintaining irrigation to existing plants. If the existing irrigation system is required to be shut off for construction, the Contractor shall provide water to the existing trees and plants on the same watering schedule as the programmed irrigation system until the irrigation system is operational. SP-20 REMOVAL AND DISPOSAL OF EXISTING ASPHALT, CONCRETE, ETC. Excess material of any kind generated by the work shall be hauled to an off-site location of the Contractor’s choice and be legally disposed of. The costs associated with hauling and disposing of excess material shall be incidental to the bid items specified for material removal and shall be at the Contractor’s expense. SP-21 DUST CONTROL The Contractor shall provide dust abatement for all roads and work areas and prevent dust from becoming an air quality concern or nuisance to adjacent properties. There will be no payment for dust control and shall be at the Contractor’s expense. SP-22 WATER FOR CONSTRUCTION PURPOSES Construction water required for compaction of embankments, subgrade, gravel courses, paving, or any other construction related work must be supplied by the Contractor at Contractor’s expense. The City of Bozeman will supply water for 305 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 10 of 15 construction purposes free of charge, but the Contractor will need to get it from the fill station at the City Shops Complex at 814 North Bozeman Avenue. SP-23 PRIVATE UTILITY COORDINATION The Contractor will need to coordinate operations with private utility service providers for the potholing, moving, crossing, support or reinstallation of services, poles, and mainlines and their appurtenances. It is anticipated that adjustments to existing utility boxes, guy wires, marker signs, etc. will be required to match finished grades. SP-24 UNDERGROUND UTILITY CROSSINGS The Contractor shall be responsible for checking with the owners of the underground utilities such as power, gas, and telecommunications companies, etc., as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate Contractor’s work with the agencies and to keep them informed of Contractor’s construction activities so that these vital installations are fully protected at all times. A Montana One-Call system (1-800-424-5555) has been established to facilitate requests for underground facility location information. The Contractor is cautioned that all utilities may not be on this system. Type 1 Bedding Material and Type A Trench Backfill shall be utilized to replace material under and around such municipal and private utility lines. Compaction above the bedding material and under the utility line crossing is critical and must be maintained. No separate measurement and payment shall be made for this item. All costs shall be considered an integral part of and be included in the price bid for items complete-in-place. The relocating, bracing, raising or supporting of facilities as required by this construction will be the responsibility of the Contractor. The Contractor shall schedule Contractor’s operations and establish such coordination with the respective owners as necessary so that any conflicts are avoided. The Contractor shall have full agreement and understanding with the affected utility companies on what the existing conditions are and what will be necessary to be changed for the Contractor’s construction. The Contractor will obtain any permits, agreements, or insurance required. No separate measurement and payment shall be made for this item, unless specifically noted. All costs shall be considered an integral part of and be included in the price bid for pipe complete-in-place. SP-25 SIGNS, SIGN POSTS AND UTILITY POLES 306 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 11 of 15 All existing signs, sign posts and utility poles determined to be in the path of the work zone shall be temporarily removed and later replaced in their previous location. The conditions of MPWSS Section 02114 shall apply to this section with the exception that there shall be no separate measurement and payment for this item, except where specifically called out on the plans. SP-26 SECURING WORK AREAS AND PEDESTRIAN TRAFFIC The Contractor is reminded of the importance of securing all work areas during and after construction work hours to prevent pedestrian and bicycle access. Costs associated shall be included in related bid items. SP-27 TRAFFIC SIGNING Traffic signing shall comply with the standards set forth in the current edition of the City of Bozeman Design and Construction Standards, MDT Standard Specifications for Road and Bridge Construction, MDT Detailed Drawings, the Manual on Uniform Traffic Control Devices, and as detailed on the project plans. Precedence shall be given in the following order: 1.) Information included in the contract plans and specifications; 2.) City of Bozeman Design and Construction Standards, 3.) MDT Standard Specifications for Road and Bridge Construction and Detailed Drawings (current editions); and 4.) Manual on Uniform Traffic Control Devices (MUTCD). The following specific design and installation standards shall be met per the above references: • Sign panel materials, color, reflectivity, shapes and sizes • Sign panel to post mounting materials and specifications • Post types and sizes, breakaway considerations, anchor type and size, foundation type, depth, and installation specifications • Sign mounting height, offset from roadway, orientation of sign face, and installation locations SP-28 MATERIALS TESTING AND CONTROL All testing completed on the Project shall be in accordance with the City of Bozeman Modifications to the MPWSS and the MPWSS, Seventh Edition, April 2021 with the City of Bozeman standards and specifications taking precedence. A. As applicable to the work being performed, the following material and control tests may be made by the Engineer to determine the compliance with the specifications: 1. Core sampling for bituminous pavement in the public right-of-way. Four core samples shall be required for every 1000 tons of mixture placed, with a minimum of three samples for projects that use less than 1000 tons. Testing laboratories shall meet the requirements of ASTM D3666. Core holes shall be patched with hot plant mix asphalt. 307 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 12 of 15 2. Portland cement concrete tests shall be required for every 50 cubic yards with a minimum of one set of tests per project. The concrete shall be sampled, specimens made, and compliance determined in accordance with the following: Sampling Fresh Concrete – ASTM C-172 Slump – ASTM C-143 or AASHTO T119 Air Content – ASTM C-231, C-173, C-138, or AASHTO T152 Compressive Strength – ASTM-C39 or AASHTO T22 Making and Curing Test Specimens in the Field – ASTM C-31or AASHTO T23 3. Concrete cylinder and beam test. The periodic tests made by the Engineer, of the Contractor’s production may serve as the basis for rejecting stockpiles as unacceptable. The above tests shall be made with no cost to the Contractor, except as provided herein for test failure. Should any of these tests fail, the Contractor shall then be responsible for the cost of the failing test. The costs of the failing tests shall be deducted from the Contractor’s application for payment. C. The costs of the following tests shall be paid for by the Contractor: 1. Any additional tests the Contractor requires to control Contractor’s crushing, screening or other construction operations. 2. Asphalt cement pavement and Portland cement concrete mix designs. 3. Test failure, as provided above. 4. Any additional tests required to verify acceptable quality of supplied materials. This shall include, but not be limited to, a three-edge bearing test. D. Acceptance and rejection of materials will generally be determined from tests made of the various courses complete and in-place in the field. While the Engineer may, during course of construction, make tests at the source or point of production; it is the responsibility of the Contractor to conduct, control and test Contractor’s production operations in such a manner that the materials produced will meet the specification requirements. SP-29 SPECIAL FUEL USER’S PERMIT REQUIREMENT Senate Bill 116, passed by the 2013 Montana Legislature, eliminates the requirement to obtain a Special Fuel User Permit. This bill became law upon the signature of the Governor on April 12, 2013. Rescind subsections 102.18 and 103.07(D). The requirement of Subsection 108.01.2 that subcontractors obtain a Special Fuel User Permit is also rescinded. All other requirements of that Subsection still apply. 308 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 13 of 15 SP-30 OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. SP-31 SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner. Salvageable items include but are not limited to existing pavers, rock mulch, river rock, benches and planters that shall be stored and protected during construction to be reinstalled. Should the owner choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the engineer. Any costs for the above referenced work shall be at the contractor’s expense. SP-32 ABANDONING EXISTING PIPE AND APPERTENANCES Existing water, sanitary sewer, and storm drain pipes noted on the plans to be abandoned in place shall be abandoned only after the new water line, storm drain or sanitary sewer, or usable portions thereof, have been constructed, tested, and approved. All ends of the abandoned pipes shall be plugged with Class M-3000 concrete. Upon completion of the installation of the new water mains and disconnection of the existing water mains, the contractor shall remove all abandoned appurtenances that are at or above grade that were not removed during installation of the new water main. Fire hydrants shall be removed down to the shoe and salvaged to the City of Bozeman. Curb box and valve box castings shall be removed to a minimum of 18 inches below grade. The resulting voids shall be filled with flowable fill if within a paved surface and patched with either asphalt plant mix or Portland cement concrete to match the existing pavement surface type and thickness. Voids in landscaped areas shall be backfilled with compacted soil and seeded. Unless a specific bid item is provided, the cost of abandoning existing pipes and other appurtenances shall be considered incidental to construction and the cost for this work shall be absorbed in related items of work. SP-33 HAND EXCAVATION Due to the existing site conditions, hand excavation will be required but may not be limited to noted areas on the contract documents to avoid damage to the roots of the existing trees and existing utilities. The Contractor is responsible for locating existing utilities prior to excavation. The Contractor shall be responsible for repairing or replacing any damaged utilities or trees. Repair or replacement of damaged items noted shall be incidental to all bid items and shall be at the Contractor’s expense. 309 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 14 of 15 SP-34 ARCHES AND ARTISTIC PANELS The project includes two (2) arches that span the walkway entrances into the park space. These arches are based on the Korean gateway known as the Hongsalmun. The Contractor shall create and submit shop drawings and powdercoat finish samples to the Landscape Architect for approval on arch design prior to fabrication. The project includes three (3) artistic laser cut metal panels. One (1) panel is proposed to convey a Korean Tiger. Two (2) panels are proposed to convey the Korean story of Chilseok. The Landscape Architect shall coordinate the artistic design of the panels with appropriate parties. The Contractor shall create and submit shop drawings and powdercoat finish samples of the panel laser cut out patterns and panel construction to the Landscape Architect for approval prior to fabrication. Finish samples shall be 8” x 8” minimum. SP-35 PLAQUES The project includes up to two (2) freestanding post-mounted plaques. The Contractor shall coordinate with the Landscape Architect and other interested parties on the final design and content of the plaques. Content is to include the Rotary wheel, land acknowledgement for Gallatin County’s indigenous people, memorial to I-Ho Pomeroy, and the story of the I-Ho Pomeroy Peace Park. The Contractor shall create and submit shop drawings to the Landscape Architect for approval on the plaque designs prior to fabrication. SP-36 ROTARY PEACE POLE The project includes one (1) peace pole available from “The Peace Pole Project” at shoppeace.org. The Contractor shall coordinate with the Landscape Architect and other interested parties on the peace pole model, color, languages and message to be included on the peace pole. The Contractor shall submit shop drawings or cut sheets to the Landscape Architect for approval prior to purchase and installation of the peace pole. SP-37 BENCHES The project includes three (3) benches that will have custom laser cut patterns on the manufacturer’s base model. The custom laser cut pattern will convey Korean cherry blossom art. The Landscape Architect shall coordinate the laser cut pattern with the appropriate parties and the manufacturer. The Contractor shall purchase and install the benches. SP-38 BIKE RACKS The project includes four (4) bike racks that are pre-manufactured. The specified bike racks may be replaced by custom bike racks not specified within the contract 310 P:24006.03_13_I-Ho_SP.docx SPECIAL PROVISIONS (6/30/25) klp Page 15 of 15 documents. Should the bike racks be customized, the Contractor shall submit Change Orders for approval by the Landscape Architect and City of Bozeman. The Landscape Architect shall coordinate the design intent of the custom bike racks. The Contractor shall submit shop drawings and finish samples to the Landscape Architect for approval prior to fabrication. Finish samples shall be 8” x 8” minimum. SP-39 PARK SIGN The project includes a park sign that consists of individually mounted letters. The Contractor shall submit shop drawings and finish samples to the Landscape Architect for approval prior to fabrication. Finish samples shall be 8” x 8” minimum. SP-40 PLANT IDENTIFICATION PLAQUES The project includes plant identification plaques. The Contractor shall coordinate with the Landscape Architect and City of Bozeman on the make and model of the identification plaques and content. The Contractor shall submit shop drawings or cut sheets to the Landscape Architect for approval prior to purchase or fabrication of the plant identification plaques. SP-41 IN-KIND DONATIONS AND OWNER PROVIDED ITEMS The project may include additional in-kind donations not specified within the contract documents. The Contractor shall coordinate with the Landscape Architect and the City of Bozeman on additional in-kind donations throughout the construction of the project. The Contractor shall submit Change Orders for approval by the Landscape Architect and City of Bozeman. The project includes Owner provided items that include but may not be limited to planters. The Contractor shall coordinate with the Owner on storage, transportation, and installation of the planters and other Owner provided items. END OF SECTION 311 I-HO POMEROY PEACE PARK Project # 24006.03 PREVAILING WAGES 312 MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2025 Effective: January 11, 2025 Greg Gianforte, Governor State of Montana Sarah Swanson, Commissioner Department of Labor & Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ESD at erd.dli.mt.gov/labor-standards or contact: Employment Standards Division Montana Department of Labor and Industry P. O. Box 8011 Helena, MT 59604 Phone 406-444-6543 The department welcomes questions, comments, and suggestions from the public. In addition, we’ll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at erd.dli.mt.gov/labor-standards or by contacting the department at (406) 444-6543. In addition, this publication provides general information concerning compliance with Montana’s Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at erd.dli.mt.gov/labor-standards or contact the department at (406) 444-6543. SARAH SWANSON Commissioner Department of Labor and Industry State of Montana 313 2 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: WAGE RATES: A.Date of Publication …………………………………………………………………………………………………….………………………………………………. 3 B.Definition of Highway Construction …………………………………………………………………………………………..………………………….......... 3 C.Definition of Public Works Contract ………………………………………………………………………………………………………………………….... 3 D.Prevailing Wage Schedule ………………………………………………………………………………………………………….……………………………… 3 E.Rates to Use for Projects ………………………………………………………………………………………………………………..…………………………… 3 F.Wage Rate Adjustments for Multiyear Contracts …………………………………………………………………………….…………………………… 3 G.Fringe Benefits ……………………………………………………………………………………………………………………………………………………………. 4 H.Dispatch City ………………………………………………………………………………………………………………………………………….……………………. 4 I.Zone Pay …………………………………………………………………………………………………………………………………………………………………….. 4 J.Computing Travel Benefits …………………………………………………………………………………………………………………….…………………… 4 K.Per Diem …………………………………………………………………………………………………………………………………………………………………….. 4 L.Apprentices …………………………………………………………………………………………………………………………………………………………..…….. 4 M.Posting Notice of Prevailing Wages ……………………………………………………………………………………………………………………………. 5 N.Employment Preference ………………………………………………………………………………………………………………………………….……....... 5 O.Projects of a Mixed Nature ............................................................................................................................................................ 5 P.Occupations Definitions Website ................................................................................................................................................... 5 Q.Welder Rates ……………………………………………………………………………………………………………………………………………………………. 5 R.Foreman Rates ………………………………………………………………………………………………………………………………………………..………. 5 BRICK, BLOCK, AND STONE MASONS ……………………………………………………………………………………………..………………………........ 6 CARPENTERS …………………………………………………………………………………………………………………………………………………………………….. 6 CEMENT MASONS AND CONCRETE FINISHERS …………………………………………………………………………….…………………………….. 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 ………………………………………………………………………………………………………………………………………………..... 6 OPERATORS GROUP 2 ………………………………………………………………………………………………………………………….………………………. 7 OPERATORS GROUP 3 ………………………………………………………………………………………………………………………….………………………. 7 OPERATORS GROUP 4 …………………………………………………………………………………………………………………………….……………………. 8 OPERATORS GROUP 5 …………………………………………………………………………………………………………………………….……………………. 8 OPERATORS GROUP 6 …………………………………………………………………………………………………………………………….……………………. 8 OPERATORS GROUP 7 ……………………………………………………………………………………………………………………………….…………………. 8 CONSTRUCTION LABORERS LABORERS GROUP 1 ……………………………………………………………………………………………………………………………….…………………. 9 LABORERS GROUP 2 ………………………………………………………………………………………………………………………………….………………. 9 LABORERS GROUP 3 ………………………………………………………………………………………………………………………………….………………. 9 LABORERS GROUP 4 ………………………………………………………………………………………………………………………………….………………. 10 DIVERS ………………………………………………………………………………………………………………………………………………………………………………. 10 DIVER TENDERS ………………………………………………………………………………………………………………………………………………….……………. 10 ELECTRICIANS …………………………………………………………………………………………………………………………………………………………………… 11 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS …………………………………………………………………………………. 11 LINE CONSTRUCTION EQUIPMENT OPERATOR …………………………………………………………………………...………………………………………………..……………….. 11 GROUNDMAN ……………………………………………………………………………………………………………………………………………………..………….. 11 LINEMAN ……………………………………………………………………………………………………………………………………………………………………..….. 12 MILLWRIGHTS ………………………………………………………………………………………………………………………….……………………………..………….. 12 PAINTERS …………………………………………………………………………………………………………………………..…………..………………………………… 12 PILE BUCKS ……………………………………………………………………………………………………………………………………………………………………….. 12 TRUCK DRIVERS ……………………………………………………………………….........……………............................................................................ 13 314 3 A.Date of Publication January 13, 2025 B.Definition of Highway Construction The Administrative Rules of Montana (ARM), 24.17.501(3) – (3)(b), states “Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy construction. Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment (for road construction), fencing (highway), grade crossing elimination (overpasses or underpasses), guard rails on highways, highway signs, highway bridges (overpasses, underpasses, grade separation), medians, parking lots, parkways, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, surface courses, taxiways, and trails.” C.Definition of Public Works Contract Section 18-2-401(11)(a), MCA defines “public works contract” as “…a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000...”. D.Prevailing Wage Schedule This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein.These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction, Heavy Construction and Nonconstruction Services occupations can be found on the internet at https://erd.dli.mt.gov/labor-standards/state-prevailing-wage-rates/ or by contacting the department at (406)444-6543. E.Rates to Use for Projects ARM, 24.17.127(1)(c), states “The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised.” F.Wage Rate Adjustments for Multiyear Contracts Section 18-2-417, MCA states:“(1) Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3% increase. The adjustment must be made and applied every 12 months for the term of the contract. (3) Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency.” 315 4 G. Fringe Benefits Section 18-2-412, MCA states: “(1) To fulfill the obligation...a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, orprogram that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, orbona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor.” Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H.Dispatch City ARM, 24.17.103(11), defines dispatch city as “...the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Miles City, Missoula and Sidney.” I.Zone Pay Zone pay is not travel pay. ARM, 24.17.103(25), defines zone pay as “...an amount added to the base pay; the combinedsum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determinedby measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job.” See section H above for a list of dispatch cities. J.Computing Travel Benefits ARM, 24.17.103(23), states “ ‘Travel pay,’ also referred to as ‘travel allowance,’ is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or theemployee's home, whichever is closer, to the center of the job.” See section H above for a list of dispatch cities. K.Per Diem ARM, 24.17.103(19), states “ ‘Per diem’ typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer.” L.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2), MCA states “…The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract.” Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 316 5 M.Posting Notice of Prevailing Wages Section 18-2-406, MCA, provides that contractors, subcontractors, and employers who are “…performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entireduration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.” N.Employment Preference Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.Projects of a Mixed Nature Section 18-2-418, MCA states: “(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification” P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/current/oes_stru.htm Q.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R.Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. 317 6 WAGE RATES BRICK, BLOCK, AND STONE MASONS No Rate Established Travel: No Travel Pay Established ↑ Back to Table of Contents CARPENTERS Wage Benefit $36.49 $14.33 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit $33.41 $16.51 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. Zone Pay: 0-30 mi free zone 30-60 mi base pay+2.95/hr. >60 mi base pay+4.75/hr ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit $32.47 $12.77 This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. Zone Pay: No zone pay established. ↑ Back to Table of Contents 318 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit $35.70 $12.77 This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self- Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant Zone Pay: No zone pay established. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit $35.70 $12.77 This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat Haul Truck, Articulating Trucks, Vac Truck. Zone Pay: No zone pay established. ↑ Back to Table of Contents 319 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit $36.91 $12.77 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. Zone Pay: No zone pay established. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit $38.05 $12.77 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. Zone Pay: No zone pay established. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit $39.27 $12.77 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). Zone Pay: No zone pay established. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit $41.95 $12.77 This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. Zone Pay: No zone pay established. ↑ Back to Table of Contents 320 9 CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit $27.71 $12.80 Zone Pay: No zone pay established. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit $30.87 $12.36 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. Zone Pay: No zone pay established. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 3 Wage Benefit $31.10 $12.36 This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. Zone Pay: No zone pay established. ↑ Back to Table of Contents 321 10 CONSTRUCTION LABORERS GROUP 4 Wage Benefit $32.12 $12.36 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc. Zone Pay: No zone pay established. ↑ Back to Table of Contents DIVERS Wage Benefit Stand-By $46.33 $18.38 Diving $92.66 $18.38 Depth Pay (Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents DIVER TENDERS Wage Benefit $45.30 $18.38 The tender shall receive 2 hours at the straight time pay rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. Zone Pay: 0-30 mi. free zone>30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents 322 11 ELECTRICIANS Wage Benefit $39.08 $20.00 Travel: No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. Per Diem District 4 >60 mi. $80.00/day Per Diem in Big Sky and West Yellowstone $125/day. ↑ Back to Table of Contents IRONWORKERS – REINFORCING IRON AND REBAR WORKERS Wage Benefit $34.83 $25.37 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: All Districts 0-45 mi. free zone >45-85 mi. $100.00/day >85 mi. $150.00/day ↑ Back to Table of Contents IRONWORKERS – STRUCTURAL IRON AND STEEL WORKERS Wage Benefit $30.43 $25.22 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: All Districts 0-45 mi. free zone>45-85 mi. $100.00/day >85 mi. $150.00/day LINE CONSTRUCTION – EQUIPMENT OPERATORS Wage Benefit $38.38 $18.60 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents 323 12 LINE CONSTRUCTION – GROUNDMAN Wage Benefit $29.96 $17.64 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – LINEMAN Wage Benefit $50.11 $19.88 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents MILLWRIGHTS Wage Benefit $40.45 $21.25 Zone Pay: 0-30 mi. free zone>30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PAINTERS Wage Benefit $36.00 $12.84 Zone Pay: No zone pay established. ↑ Back to Table of Contents Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. PILE BUCKS Wage Benefit Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. ↑ Back to Table of Contents $36.49 $14.33 324 13 TRUCK DRIVERS Wage Benefit Pilot Car Driver $28.21 $12.57 Truck Driver $35.74 $12.57 Truck drivers include but are not limited to: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. Zone Pay: No zone pay established. ↑ Back to Table of Contents 325 I-HO POMEROY PEACE PARK Project # 24006.03 ADDITIONAL FORMS 326 EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice of Award Date: __________________ Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Bidder: Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested] You are notified that your Bid dated for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for [Indicate total Work, alternates, or sections of Work awarded.] The Contract Price of your Contract is Dollars ($ ). [Insert appropriate data if unit prices are used. Change language for cost-plus contracts.] copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner [ ] fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01). 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Owner By: Authorized Signature Title Copy to Engineer 327 EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice to Proceed Date: _________________ Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is ]. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: __________________________________ [add other requirements]. Owner Given by: Authorized Signature Title Date Copy to Engineer 328 Contractor's Application for Payment No.Application Period:Application Date:To (Owner):From (Contractor):Via (Engineer):Project:Contract:Owner's Contract No.:Contractor's Project No.: Engineer's Project No.:1. ORIGINAL CONTRACT PRICE...........................................................................$2. Net change by Change Orders......................................................................................$3. Current Contract Price (Line 1 ± 2)................................................................................................$4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate).............................................................................................................$5. RETAINAGE:a. XWork Completed..............................................$b. XStored Material..............................................$c.Total Retainage (Line 5a + Line 5b)....................................................................................................................................... $6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c)....................................................................................................................$7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application).........................................................................................................$8. AMOUNT DUE THIS APPLICATION....................................................................................................................................$9. BALANCE TO FINISH, PLUS RETAINAGE (Column G on Progress Estimate + Line 5 above).....................................................................................................$Contractor's Certification Payment of: $ is recommended by: Payment of: $ is approved by:By:Date: Approved by:(Date)(Line 8 or other - attach explanation of the other amount)(Engineer)(Owner)Endorsed by the Construction Specifications Institute.(Line 8 or other - attach explanation of the other amount)(Date)Funding Agency (if applicable) (Date)NumberDeductionsApplication For PaymentChange Order SummaryAdditionsNET CHANGE BYApproved Change OrdersTOTALSCHANGE ORDERSThe undersigned Contractor certifies that to the best of its knowledge: (1) all previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective.EJCDC C-620 Contractor's Application for Payment© 2007 National Society of Professional Engineers for EJCDC. All rights reserved.Page 1 of 4329 Progress EstimateFor (contract):Application Number:Application Period:Application Date:ItemC D Materials Presently Total Completed Balance to FinishThis Period Stored (not in C or D) and Stored to Date(B - F)(C + D + E)Contractor's ApplicationTotals% (F) BAGESpecification Section No.DescriptionScheduled ValueFrom Previous Application (C+D)Work CompletedBFEJCDC C-620 Contractor's Application for Payment© 2007 National Society of Professional Engineers for EJCDC. All rights reserved.Page 2 of 4330 Progress Estimate Contractor's ApplicationFor (contract):Application Number:Application Period:Application Date:Balance to Finish(B - F)TotalsTotal Completed and Stored to Date (D + E)% (F) BValueMaterials Presently Stored (not in C)Bid Item No. DescriptionE FItemBid Quantity Unit Price Bid ValueEstimated Quantity InstalledAB C DEJCDC C-620 Contractor's Application for Payment© 2007 National Society of Professional Engineers for EJCDC. All rights reserved.Page 3 of 4331 Stored Material Summary Contractor's ApplicationFor (contract):Application Number:Application Period:Application Date:ABGMaterials Remainingin Storage ($)(D + E - F)TotalsStored this Month Incorporated in WorkDate (Month/Year)Amount ($)Amount ($)SubtotalDate (Month/Year)Amount ($)Invoice No.Shop Drawing Transmittal No.Materials DescriptionStored PreviouslyCD E FEJCDC C-620 Contractor's Application for Payment© 2007 National Society of Professional Engineers for EJCDC. All rights reserved.Page 4 of 4332 CITY OF BOZEMAN ACCOUNTS PAYABLE P.O. Box 1230  Bozeman, MT 59771-1230 (406) 582-2334 WARRANT # _________ PAY TO: DATE PAID:__________________________________ WARRANT TOTAL $ _________ VENDOR # _________ DATE INVOICE # FUND ACCOUNT OBJECT PROJECT DESCRIPTION AMNT $ TOTAL $ CERTIFICATION THATGOODS OR SERVICES HAVE BEEN RECEIVED: 1._______________________________ 2. ____________________________ DEPARTMENT HEAD OF DESIGNEE APPROVAL: ________________FINANCE DEPARTMENT REVIEW: _________________ I, the undersigned, do solemnly swear, that I am of . OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: _________________ Phone SS# or Tax ID # Business License # . THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. 333 EJCDC C-940 Work Change Directive Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Work Change Directive No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Contractor is directed to proceed promptly with the following change(s): Item No. Description Attachments (list documents supporting change): Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: Nonagreement on pricing of proposed change. Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times: Contract Price $ (increase/decrease) Contract Time (increase/decrease) days Recommended for Approval by Engineer: Date Authorized for Owner by: Date Received for Contractor by: Date Received by Funding Agency (if applicable): Date: 334 Page 1 of 2 CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net Increase (Decrease) from previous Change Orders No. to : $ Net change from previous Change Orders No. to No. : Substantial Completion: Ready for final payment: (days) Contract Price prior to this Change Order: $ Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) of this Change Order: $ Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Price with all approved Change Orders: $ Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) 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. 335 Page 2 of 2 CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. 336 EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: All Work under the Contract Documents: The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: Amended Responsibilities Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: 337 EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date 338 NOTICE OF AWARD Dated: __________________________ TO: ______________________________________________ ADDRESS: ______________________________________________ PROJECT: I-Ho Pomeroy Peace Park CONTRACT FOR: _________________________________________ You are notified that your Bid dated ____________, 2025, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for I-Ho Pomeroy Peace Park, bioretention bump outs and associated improvements. The Contract Price of your Contract is: ______________________________ Dollars ($_______________). _____ copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by _______ . 1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (page 7), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC-5.02). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK) DATE: _______________________________ 339 340 CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK # __________ PO Box 1230  Bozeman, MT 59771-1230 (406) 582-2334 PAY TO: Date Paid: TOTAL $ ________________ VENDOR # ________________ DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT TOTAL CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. _ DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: _________ I, the undersigned, do solemnly swear, that I am of . _ _ OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS# or Tax ID# ____________ Business License # ___ ________ THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. 341 342 343 344 Work Change Directive  No. _____    Date of Issuance:    _____________________                     Effective Date:   _____________________    Project:         Owner: City of Bozeman  Owner’s Contract #:                               Contract:        Date of Contract:           Contractor:        Engineer’s Project #:      You are directed to proceed promptly with the following change(s):    Item No.    Description                      Attachments (list documents supporting change):        Purpose for Work Change Directive:              Authorization for Work described herein to proceed on the basis of Cost of the Work due to:               Nonagreement on pricing of proposed change.           Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time.           Other:     Estimated change in Contract Price and Contract Times:             Contract Price $___________________ (increase/decrease)    Contract Time ___________(increase/decrease)    If the change involves an increase, the estimated amounts are not to be exceeded without further authorization.    Recommended for Approval by Engineer:      Date:    Authorized by Owner:        Date:    Accepted for Contractor by:       Date:    Approved by Funding Agency (if applicable):      Date:    345 Page 1 of 2 \\NAS\Departments\Engineering\CIP Projects\CURBS\Curb Replacement 2021 - Garfield\Spec Book\16-COB Change Order Form.doc CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net Increase (Decrease) from previous Change Orders No. to : $ Net change from previous Change Orders No. to No. : Substantial Completion: Ready for final payment: (days) Contract Price prior to this Change Order: $ Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) of this Change Order: $ Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Price with all approved Change Orders: $ Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) 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. 346 Page 2 of 2 \\NAS\Departments\Engineering\CIP Projects\CURBS\Curb Replacement 2021 - Garfield\Spec Book\16-COB Change Order Form.doc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. 347 Order to Contractor to Suspend Work – Page 1 of 1 \\NAS\Departments\Engineering\CIP Projects\CURBS\Curb Replacement 2021 - Garfield\Spec Book\17-suspend_wrk.doc 2/26/21 ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work (minor operations excepted), at the close of work on . You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not) continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: 348 Order to Contractor to Resume Work – Page 1 of 1 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated , directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective . Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised) contract completion date is 20 . Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: 349 350 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney Kelley Rischke, Assistant City Attorney SUBJECT:Authorize the City Manager to Sign a Settlement and Release Agreement Resolving the Village Investment Group v. City of Bozeman Litigation MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to sign the Settlement and Release Agreement resolving the Village Investment Group v. City of Bozeman litigation. STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:Village Investments Group filed a lawsuit against the City of Bozeman on August 31, 2022 alleging the City Commission's denial of Plaintiff's subdivision application, known as the Parklands Major Subdivision Preliminary Plat (Application 21419), was arbitrary, capricious, or unlawful. The Plaintiff sought an award of actual damages resulting from the denial and for an award of attorneys' fees and costs. The lawsuit is filed as Case number DV-22-822D in the 18th Judicial District Court. The attached Contingent Settlement and Release states that the lawsuit will be dismissed and will grant a release to the City for any related claims if the City Commission approves a revised preliminary plat application and pays for the application fee related to the revised application, which totals $6,170.00. On September 9, 2025, the City Commission considered item F.5 on the consent agenda and voted to approve the Parklands Amended Subdivision Preliminary Plat application (Application 25273), which was the revised preliminary plat application submitted by Plaintiffs. Application 25273 was publicly noticed with an opportunity to provide written public comment as well as the opportunity to provide oral public comment at the Community Development Board's September 8, 2025 meeting and before the City Commission at its September 9, 2025 meeting. On September 23, 2025, the City Commission adopted findings of fact for application 25273. The City is 351 prepared to pay the amount of $6,170.00, which was contributed by the City's insurer, in satisfaction of this Contingent Settlement and Release. This agenda item authorizes the City Manager to execute the Settlement Release Agreement and finalize all contingencies necessary to resolve this litigation against the City. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified. FISCAL EFFECTS:There is no fiscal impact to the City. The amount of $6,170 will be paid to the Plaintiff by the City's insurer. Attachments: Village Investment Group v. City of Bozeman Settlement and Release.pdf Report compiled on: September 25, 2025 352 353 354 355 356 357 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to Sign a Software as a Service Agreement with Dropcountr, Inc. for Water Utility Software and Web-Based Customer Water Use Portal MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Software as a Service Agreement with Dropcountr, Inc. for Water Utility Software and Web-Based Customer Water Use Portal. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:A core objective of the City’s water conservation program is to educate and empower residents to use water efficiently. A key component to using water efficiently is understanding how it is being used in the first place. For example, nearly 50% of residential water use in Bozeman goes into lawns and landscapes. Irrigation systems can waste water through underground leaks unseen from the surface, and irrigation events occurring more frequently than necessary to maintain a healthy landscape. Even indoors, a silent toilet leak can waste over 50 gallons per hour. Identifying these sources of water waste can be difficult without access to water use data. To address this, in April 2018, the City entered into a Software as a Service Agreement with Dropcountr, Inc. to provide a customer-facing water use portal and water utility tool to track water use. The customer-facing water use portal provides water customers with the ability to: track their water use at the monthly/daily/hourly timescale, see disaggregated indoor and outdoor use, compare use to similar Bozeman households and utility-set water use goals, see which rate tiers their use falls within (single family customers), and receive leak alerts. Over 3,800 water customers have signed up for the Dropcountr water use portal to date. In September 2025, a satisfied Dropcountr user left an appreciative voicemail for City staff; “Yesterday, we received a notice from you through Dropcountr. It said we had a potential leak of 72 gallons per day at one of our rentals. I texted our renters, and they went out and found that 358 the hose bib was slightly open and dripping, and they fixed it. They would not have known about that, and neither would I without Dropcountr, so I just wanted to say thank you very much.” The water utility tool provides City staff with geospatially represented end- use data and information to inform water conservation program efforts. This includes filtering customer accounts for numerous attributes such as; account type, consumption, parcel size, percent-irrigated area, etc. This also allows staff to search for high users or those with continuous usage and proactively notify customers. The attached Software as a Service Agreement allows the City to continue to provide the Dropcountr customer water use portal to its customers and receive the benefits of the water utility tool. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Total project costs are not to exceed $21,421.26 per year (or $1.4175 per meter per year) and will be paid for out of the approved water conservation operating budget. Attachments: SAAS Agreement_Dropcountr_2025.pdf Exhibit A_Scope of Services_Dropcountr_2025.pdf Exhibit B_Cloud Services Questionnaire_Dropcountr_2025.pdf Report compiled on: September 25, 2025 359 Software as a Service Agreement This Software as a Service Agreement (“Agreement”), is made and entered into this 7th day of October 2025 (“Effective Date”), by and between the City of Bozeman, Montana, a self- governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Dropcountr, Inc., with a mailing address of 40 E Rio Salado Parkway #535, Tempe, AZ 85281, hereinafter referred to as “Provider.” The City and Provider 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. Definitions. a. “Aggregated Statistics” means data and information related to the City's use of the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. b. “Authorized User” means the City's employees, consultants, contractors, and agents (i) who are authorized by the City to access and use the Services under the rights granted to the City pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. c. “Confidential Information” means, subject to Montana’s Open Records Law, all written or oral information, disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. With respect to the City, Confidential Information must also include any and all information transmitted to or stored by Provider in connection with performance of its obligations under this Agreement, including, but not limited to, personally identifiable information (“PII”) of residents, employees or people included within the City’s data, including name, address, phone number, e-mail address, date of birth, social security number, patient records, credit card information, driver’s license number, account numbers, PINs and/or passwords, any other information that could reasonably identify a person, and products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, and whether or not marked, designated, or otherwise identified as “confidential.” With respect to Provider, Confidential Information must also include any and all Documentation as defined in section f., Provider IP, as defined in section h., and any and all proprietary, confidential and trade secret information of Provider whether or not such information has been developed specifically for the performance of Services under this Agreement. 360 - page 2 of 18 - Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party without reference to or use of the disclosing Party’s Confidential Information. d. “City's Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of the City or an Authorized User through the Services, including, without limitation, the City's meter data and other energy data related to the City's facilities located in the State of Montana. This information, data, and content may also include that which is considered Confidential Information. e. “Data Incident” means a breach of the City or the Provider’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the City’s Data through the Services licensed to the City by the Provider. f. “Documentation” means Provider’s user manuals, handbooks, computer programs and guides relating to the Services provided by Provider to the City in any and all formats, including electronically or in hard copy form/end user documentation relating to the Services. g. “Intellectual Property Rights” or “IP Rights” means any and all rights and ownership that may exist under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, whether or not such rights are registered or perfected. h. “Provider IP” means the Services, the Documentation, and any and all intellectual property provided to the City or any Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes, but is not limited to, proprietary, confidential and trade secret information of Provider, Aggregated Statistics and any information, data, or other content derived from Provider’s monitoring of the City's access to or use of the Services, but does not include the City's Data. i. “Services” means the on premise software-as-a-service license described in the Scope of Services. See attached Exhibit A. 2. Purpose. City agrees to enter into this Agreement with Provider to perform for the City the Services described in the Scope of Services, incorporated into this Agreement and attached as Exhibit A. 3. Term and Termination. a. Term. The initial term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to this Agreement’s express provisions, will continue in effect for 24 months from such date (the “Initial Term”). This Agreement will automatically renew for additional successive one (1) year terms unless earlier terminated pursuant to this Agreement’s express provisions. 361 - page 3 of 18 - The Parties may extend this Agreement for three (3) additional one (1) year terms. b. Notice of Non-Renewal. A Party to this Agreement gives the other Party written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current term (each a “Renewal Term” and together with the Initial Term, the “Term”). c. Termination. i. Provider’s Right to Termination. Provider may terminate this Agreement, effective on written notice to the City if the City: 1) fails to pay any amount when due hereunder, and such failure continues more than sixty (60) days after Provider’s delivery of written notice thereof; or 2) breaches any of its obligations under Paragraph 6 of this Agreement ii. City’s Right to Termination. 1. 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 Provider (“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 Provider. 2. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Provider 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. Provider shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. 3. In the event of a termination pursuant to this Section 3, Provider is entitled to any payment it has received before the receipt of the Notice of Termination for City’s Convenience. City is not entitled to a refund of payments that have been made to Provider before issuing a Notice of Termination for City’s Convenience. 4. The compensation described in the Scope of Services is the sole compensation due to Provider for its performance of this Agreement. Provider shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general 362 - page 4 of 18 - conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. iii. Termination for Cause. 1. Any Party to this Agreement may terminate their obligations under this Agreement, effective on written notice to the other Parties, if another Party materially breaches this Agreement, and such breach: 1) is incapable of cure; or 2) being capable of cure, remains uncured sixty (60) days after the non-breaching Party provides the breaching Party with written notice of such breach; or 2. Any Party to this Agreement may terminate this Agreement, effective immediately upon written notice to the other Parties, if the other Party: 1) becomes insolvent or is generally unable to pay or fails to pay its debts as they become due; 2) files or has filed against it a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; 3) makes or seeks to make a general assignment for the benefit of its creditors; or 4) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. d. Expiration. Provider must notify the City 90 days in advance of this Agreement’s expiration date. e. Effect of Expiration or Termination. No expiration or termination will affect the City's obligation to pay all Fees that may have become due before such expiration or termination or entitle the City to any refund. 4. Scope of Services. Provider must perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, this Agreement governs. Provider agrees to be bound by its responses to the City’s Cloud Questionnaires, incorporated into and attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Provider’s performance. 5. Access and Use. a. Provision of Access to Services. Subject to and conditioned on the City's payment of fees and compliance with the terms and conditions of this Agreement, Provider grants the City a non-exclusive, non-transferable license to the Services during the Term. This license to the Services is solely for use by the City and its Authorized Users and must 363 - page 5 of 18 - be accessed and used in accordance with the terms and conditions set forth in this Agreement. Unless otherwise agreed upon and detailed in the Scope of Services, such access and use is limited to the City's internal use. If applicable, Provider must provide to the City the necessary passwords and network links or connections to allow the City to access the Services. b. Documentation License. Subject to the terms and conditions contained in this Agreement, Provider grants to the City a non-exclusive, non-sublicensable, non- transferable license to use the Documentation during the Term solely for the City's internal business purposes in connection with its use of the Services. c. Designated Authorized Users. The City may designate the number of Authorized Users permitted to access the Services. d. Reservation of Rights. Provider reserves all rights not expressly granted to the City in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to the City or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP. e. Suspension. Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend the City's and any Authorized User’s access to any portion or all of the Services if: i. Provider reasonably determines 1) there is a threat or attack on any of the Provider IP; 2) the City's or any Authorized User’s use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other Customer or vendor of Provider; 3) the City, or any Authorized User, are using the Provider IP for fraudulent or illegal activities; or 4) Provider’s provision of the Services to the City or any Authorized User is prohibited by applicable law; ii. any vendor of Provider has suspended or terminated Provider’s access to or use of any third-party services or products required to enable the City to access the Services; or iii. in accordance with Section 5(a)(iii) (any such suspension described in sub-section (i), (ii), or (iii), a “Service Suspension”). Provider must use commercially reasonable efforts to provide written notice within ten (10) business days prior to any planned Service Suspension to the City and provide updates regarding resumption of Services following any Service Suspension. Provider must use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Provider must use commercially reasonable efforts to prevent damage, losses (including any loss of data) that the City or any Authorized User may incur as a direct result of a Service Suspension. Provider may be subject to liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that the City or any Authorized User may incur as a result of a Service Suspension. 364 - page 6 of 18 - f. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor the City's use of the Services, and collect and compile Aggregated Statistics. As between Provider and the City, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. The City acknowledges that Provider may compile Aggregated Statistics based on the City's Data input into the Services. The City agrees that Provider may: 1) make Aggregated Statistics publicly available in compliance with applicable law, and 2) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify the City or the City's Confidential Information. 6. The City's Responsibilities. a. The City is responsible for all uses of the Services and Documentation resulting from access provided by the City, directly or indirectly. The City must use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services, and must cause Authorized Users to comply with such provisions. b. Unless otherwise agreed, the City is responsible for creating and modifying its data into the Services, and keeping the City’s data into the Services current and accurate. c. The City must reasonably cooperate with Provider’s performance of Professional Services. The City recognizes and agrees that performance of Professional Services is contingent upon the City’s cooperation and as set forth in Paragraph 7. d. The City may test the Provider’s Services in a live production environment to ensure that it conforms to the specifications set forth in this Agreement and all Exhibits. Upon acceptance, the City must pay the Provider in accordance with the Scope of Services. See attached Exhibit A. If the City determines that the Services do not meet the specifications set forth in this Agreement and all Exhibits, upon 60 days of receiving written notice of such deficiencies, the City may terminate this Agreement if the Provider does not cure the deficiencies. Provider must refund the City all sums already paid within five (5) business days. Such termination and refund does not bar the City from pursuing other remedies available under the Agreement or law. 7. Provider’s Obligations. To induce the City to enter into this Agreement, Provider makes the following representations: a. Provider has familiarized itself with the nature and extent of this Agreement, all exhibits including but not limited to 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. Provider represents and warrants to the 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 365 - page 7 of 18 - 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 must 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. c. Provider must ensure the Services delivered under this Agreement are adequately secure, and must provide a secure environment for all of the City’s Confidential Information, which may include, but is not limited to any hardware and software (including servers, network and data components) to be provided or used by the Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and at all times will remain in compliance with all applicable laws and regulations governing Provider’s access to, use of, and handling of the City’s Data. d. If Provider creates a new version of the Services, it must make the new version available to the City at no additional cost. Provider must also provide the City with any additional features or functionalities of the Services that it may develop at no additional cost to the City. 8. Security. Provider must provide a secure environment for all of the City’s Confidential Information and any hardware and Software (including servers, network and data components) to be provided or used by Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and will at all times remain in agreement with the industry’s minimum standards. Provider’s failure to comply with the industry’s minimum standards in fulfilling its obligations under this Agreement constitutes a breach of this Agreement. Additionally, Provider must contractually require any subcontractors or agents with access to the City’s Confidential Information to adhere to such Security Best Practices. 9. Indemnity/Waiver of Claims/Insurance. For other than professional services rendered, to the fullest extent permitted by law, Provider 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 Provider; or (ii) any negligent, reckless, or intentional misconduct of any of the Provider’s agents. 366 - page 8 of 18 - For the professional services rendered, to the fullest extent permitted by law, Provider 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 Provider or Provider’s agents or employees. Such obligations must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Provider’s indemnity under this Section must 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 Provider to assert its right to defense or indemnification under this Agreement or under the Provider’s applicable insurance policies required below, the City must 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 Provider was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Provider 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 must survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Provider must at Provider’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 Provider in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by the Provider in this Section. The insurance must 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. Provider must 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; 367 - page 9 of 18 - • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and • Cyber Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate. The above amounts must be exclusive of defense costs. The City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, Automobile Liability, and Cyber Liability policies. The insurance and required endorsements must be in a form suitable to City and must include no less than a thirty (30) day notice of cancellation or non-renewal. Provider must notify City within two (2) business days of Provider’s receipt of notice that any required insurance coverage will be terminated or Provider’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Provider commencing work. 10. Audit Right. Provider must retain a certified public accounting firm to perform an annual audit of the Services’ data protection features and to provide a SOC 2 Type II report, pursuant to the current standards of the American Institute of Certified Public Accountants. In addition, Provider must annually conduct its own internal security audit and address security gaps. Provider must give the City a copy of the most current report from each audit conducted within five (5) business days of receiving the report. If requested by the City, Provider must, on a bi-annual basis, permit security reviews by the City on those systems storing or processing City Data, on Provider policies and procedures relating to the foregoing, including without limitation its information security programs, and permit testing of all security processes and procedures during the term, including without limitation, penetration testing. Provider or its nominee (including its accountants and auditors) may, on reasonable request, inspect and audit the City's use of the Services under this Agreement at any time during the Term. The City must make available all books, records, equipment, information, and personnel, and provide all such cooperation and assistance, as may reasonably be requested by or on behalf of Provider with respect to such audit. 11. General Use Restrictions. Copies of the Services created or transferred pursuant to this Agreement are licensed and may only be used as set forth in this Agreement. The City does not receive any rights to the Services other than those specifically granted in this Agreement and its incorporated exhibits. Other than what is expressly permitted by the terms of this Agreement, the City and its authorized users must not directly or indirectly copy or reproduce all or any part of the Services, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization, without Provider’s prior written permission. However, notwithstanding this restriction, the City has a reasonable right to reproduce and distribute any of the Services generated from the City’s Data. Without limiting the above restriction and right, the City receives no right to and must not: 368 - page 10 of 18 - a. copy, modify, create derivative works from, distribute, publicly display, or publicly perform the Application; b. sublicense or otherwise transfer any of the rights granted to it in this Agreement and the Scope of Services; c. reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Application; d. remove any proprietary notices from the Services or Documentation; or e. use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. 12. Independent Contractor Status/Labor Relations. The Parties agree that Provider is an independent contractor for purposes of this Agreement and is not considered a City employee for any purpose. Provider 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. Provider is not authorized to represent the City or otherwise bind the City in any dealings between Provider and any third parties. 13. Resources and Support. Provider must, throughout the Term, make available such resources, including Provider personnel, as are reasonably required to: a. train designated employee(s) of the City in the use of the Services; b. support the obligations of the City provided in Paragraph 6; c. develop modifications to the Services as agreed to by the Parties in any exhibit attached to this Agreement; and d. Provider must provide technical support to the City as described in Exhibit A, Scope of Services, for the duration of this Agreement. 14. Transition Assistance. The Provider must provide transition assistance to the City when requested in writing. Upon termination of this Agreement for any reason, including but not limited to termination for cause, the Provider must assist the City in the orderly transition to a new Provider. The City must have access to the Provider’s system and the Provider’s support of that system for up to one (1) year following termination. In this instance, for up to one (1) year following termination, the City must pay the Provider at its then-current hourly rate(s). The Provider grants the City a perpetual right to use the Application and Object Code if any one of the following occurs: (a) Provider’s insolvency, bankruptcy, or involvement in an involuntary proceeding for protection of its creditors; (b) Provider materially breaches this Agreement and the City terminates the Agreement; (c) Provider fails to continue development of the Services; (d) Provider fails to provide the City with the most recent version of the Services contained in the Application; or (e) any other circumstance whereby Provider can no longer satisfy its obligation to provide Services to the State under this Agreement. 369 - page 11 of 18 - 15. Limitation of Liability. The Provider's liability for contract damages is limited to direct damages. The Provider must not be liable for special, incidental, consequential, punitive, or indirect damages. Provider’s liability is limited to the greater of i) the overall cost of services for the twelve (12) month period preceding the occurrence in respect of which the claim arose, or ii) the amount of recoverable insurance, regardless of whether any action or claim is based upon contract, warranty, tort (including negligence) or strict liability. Damages caused by injury to persons or tangible property, or arising from any Provider indemnification under this Agreement, are not subject to a cap on the amount of damages. 16. Fees and Payment. Fees. The City must pay Provider the fees and make all payments as set forth in the Scope of Services, without offset or deduction. See attached Exhibit A. Any alteration or deviation from the described Services that involves additional costs above the Agreement amount will be performed by Provider only upon receiving a written request from the City. Any alteration or deviation from the Services will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing before Provider bills for any additional charges. All Fees and other amounts payable by the City under this Agreement are exclusive of taxes and similar assessments. The City is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by the City as set forth in this Agreement, other than any taxes imposed on Provider’s income. 17. Confidential Information. a. From time to time during the Term, a Party to this Agreement may disclose or make available to the other Party Confidential Information, as defined in Section 1 of this Agreement, about its business affairs. The receiving Party must not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s Authorized Users who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations established in this Agreement. b. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required: i. in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order must first have given written notice to the other Party; ii. to establish a Party’s rights under this Agreement, including to make required court filings; or iii. to any Authorized User who may need to access Confidential Information in order to facilitate or execute the purpose of this Agreement. 370 - page 12 of 18 - c. Unless otherwise required by law, each Party must not disclose Confidential Information to any other third party not otherwise identified in this agreement without the other Party’s prior written consent. Each Party’s obligations of non- disclosure with regard to Confidential Information are effective as of the Effective Date, and survive this Agreement and do not terminate. However, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. d. Each Party must protect Confidential Information with the same degree of care it uses to protect its own Confidential Information with of similar nature and importance, but with no less than reasonable care. Each Party agrees to promptly notify the other Party if there is a misuse or misappropriation of Confidential Information. 18. Intellectual Property Ownership; Feedback. a. Provider IP. The City acknowledges that, as between the City and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP. City shall have no right, title, or interest in or to the Provider IP or Documentation, whether or not such Documentation has been developed specifically for the performance of Services under this Agreement. b. The City's Data. Provider acknowledges that, as between Provider and the City, the City owns all right, title, and interest, including all intellectual property rights, in and to the City's Data. The City grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the City's Data and perform all acts with respect to the City's Data as may be necessary for Provider to provide the Services to the City. The City also grants to Provider a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display the City's Data incorporated within the Aggregated Statistics. Unless the City provides written consent, Provider must not access or use the City’s Data for any other purpose than as described in this Agreement. c. Feedback. If the City or any of its Authorized Users sends or transmits any communications or materials to Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or related functionality, or any comments, questions, suggestions, or the like (“Feedback”), Provider may use the City’s Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. The City retains all right, title, and interest in the Feedback. 19. Data Location. Provider must not transfer the City’s Data outside of United States or the Provider’s location as identified in the first paragraph of this Agreement unless it 371 - page 13 of 18 - receives the City’s prior written consent or unless the transfer is to the Provider’s data center and such transfer is necessary for the execution of the Services. 20. Access to Data. The City may access and copy any of the City’s Data in Provider’s possession at any time. Provider must reasonably facilitate such access and copying promptly after Customer’s request. In this instance, Provider may charge its reasonable standard fees for any such access and copying or for any fees related to the de-conversion of data. 21. Deletion of Data. Except as authorized by applicable law, Provider must not erase the City’s Data or any copy without the City’s prior written consent. 22. Data Incidents. Provider must implement and maintain a program for managing unauthorized disclosure of, access to, or use of the City’s Data. In case of a Data Incident, Provider must notify the City, in writing or by phone, within 48-hours of the incident. Provider must cooperate with the City and law enforcement agencies to investigate and resolve the Data Incident, including but not limited to providing reasonable assistance to the City in notifying injured third parties. In addition, if the Data Incident results from Provider’s breach of this Agreement or negligent or unauthorized act or omission, Provider must compensate the City for any reasonable expense related to notification of customers and provide one year of credit monitoring to any affected individual. Provider must give the City prompt access to such records related to a Data Incident. 23. Functional Warranty. Provider warrants that the Application and Services, including any modifications that are made by Provider or under Provider’s instructions do not contain any material defects, and will conform in all material respects to the specifications, functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the Documentation, which are all incorporated herein by reference. Provider further warrants that all post-Acceptance updates, alterations, or modifications to the Services will not materially diminish the features or functionality of the Application and Services. Provider must promptly correct any errors identified by the City in the Application and in any modification to the Application at no cost to the City. If, Provider is unable to correct such errors within 30 days following notification by the City, then Provider must at the City’s request accept return of the Application and return all money paid for the Application and maintenance. The City may also pursue any other remedies available to it under this Agreement or by law or equity. 24. Virus Warranty. Provider warrants that it has used commercially reasonable efforts to ensure against introduction of any virus into the City’s systems. Provider must immediately advise the City, in writing, upon reasonable suspicion or actual knowledge that the Services may contain a Virus. If a Virus is found to have been introduced into the City’s systems by the Services within 30 days after the Effective Date of this Agreement, Provider must repair or replace the Services within ten (10) business days. If Provider cannot accomplish the foregoing within such time, then the City must discontinue use of the Services, and Provider must refund all money paid for the Services and maintenance as set forth in the Scope of Services. See Exhibit A. Provider must use all reasonable commercial efforts, at no additional charge, to assist the City in reducing the effects of the Virus and, if the Virus causes a loss of operational efficiency or loss of data, to assist the City to the same extent to mitigate and restore such losses. In addition, Provider must indemnify, defend and hold the City harmless from any claims, suits, damages, liabilities, losses, 372 - page 14 of 18 - and reasonable attorney fees resulting from any such Viruses. The limitation of liability described in Paragraph 15 does not apply to this indemnification obligation. 25. Remedy for When Services are Subject of a Claim. If any Services furnished are likely to or does become the subject of a claim of infringement of a third party’s IP Rights, then the Provider may request the City accept an alternative Service and the City may agree to one of the following alternative Services: 1) procure for the City the right to continue using the alleged infringing Services; 2) modify the Service so that it becomes non-infringing; 3) or replace it with one that is at least functionally equivalent. If the Provider is unable to perform any of the above three remedies, or if the use of the Services by the City is prohibited by an injunction, temporary restraining order, or other court order, the City must return the Services to the Provider within five (5) days of receiving Provider’s request in writing. The Provider must then give the City a credit equal to the amount paid to the Provider for the creation of the Services. The City is not precluded from seeking other remedies available agreed upon in this Agreement or in equity or law for any damages it may sustain due to its inability to continue using the Services. The Limitations of Liability set forth in Paragraph 15 of this Agreement does not apply to Provider’s obligations under this Section and the City’s right to seek additional remedies arising from Provider’s ‘infringement of a third party’s IP Rights. 26. Representatives and Notices. a. City’s Representative. The City’s Representative for the purpose of this Agreement must be Jessica Ahlstrom, Water Conservation Program Manager, or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to the City’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Provider 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. Provider’s Representative. The Provider’s Representative for the purpose of this Agreement must be Tony Dilorio, Chief Operating Officer, KUBRA, or such other individual as Provider must designate in writing. Whenever direction to or communication with Provider is required by this Agreement, such direction or communication must be directed to Provider’s Representative; provided, however, that in exigent circumstances when Provider’s Representative is not available, City may direct its direction or communication to other designated Provider personnel or agents. c. Notices. All notices required by this Agreement must be in writing and must be provided to the Representatives named in this Section. Notices must 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 373 - page 15 of 18 - 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. 27. Miscellaneous. a. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Exhibits, including the Cloud Services Questions, attached to this agreement as Exhibit B constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: 1) this Agreement, excluding its Exhibits; 2) the Exhibits to this Agreement as of the Effective Date; and 3) any other documents incorporated herein by reference. b. Permits. Provider must 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. c. Laws and Regulations. Provider must 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. d. Nondiscrimination and Equal Pay. Provider agrees that all hiring by Provider of persons performing this Agreement must be on the basis of merit and qualifications. Provider will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Provider 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. Provider must 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. 374 - page 16 of 18 - Provider 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). Provider must report to the City any violations of the Montana Equal Pay Act that Provider has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Provider must require these nondiscrimination terms of its subcontractors providing services under this Agreement. e. Force Majeure. In no event must a Party to this Agreement be liable to another Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond one Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. f. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training. Provider must not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Provider acknowledges it is aware of and must 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 must have the right to request proof of such compliance and Provider must be obligated to furnish such proof. The Provider must be responsible for instructing and training the Provider’s employees and agents in proper and specified work methods and procedures. The Provider must provide continuous inspection and supervision of the work performed. The Provider is responsible for instructing its employees and agents in safe work practices. g. Modification and Assignability. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Provider may not subcontract or assign Provider’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. h. Reports/Accountability/Public Information. Provider agrees to develop and/or provide documentation as requested by the City demonstrating Provider’s compliance with the requirements of this Agreement. Provider must allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Provider pursuant to this Agreement was used in compliance with 375 - page 17 of 18 - this Agreement and all applicable provisions of federal, state, and local law. The Provider must not issue any statements, releases or information for public dissemination without prior approval of the City. i. 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. j. 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 must 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. k. Taxes. Provider is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. l. Dispute Resolution. i. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must 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. ii. 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. m. Survival. Provider’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. n. 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. o. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof must continue in effect. p. Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. q. Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 376 - page 18 of 18 - r. 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. s. 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. t. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. u. Consent to Electronic Signatures. The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. Dropcountr, Inc. City of Bozeman By:_______________________________ Name: Tony Dilorio Title: Chief Operating Officer By:_______________________________ Name: Chuck Winn Title: City Manager 377 Software as a Services Agreement for Dropcountr Water Utility Software FY 2026 Page 1 of 4 EXHIBIT A Scope of Services City Customer and Usage Data Transfer Provider will engage City staff to maintain a secure data transfer protocol using representative files exported from City. City will send Provider an updated flat file in CSV format via secure FTP daily, which will include City customer account information and climate metrics to include daily evapotranspiration. Provider will notify City of any changes to the data transfer process in advance to avoid disruption of data transfer. Provider will perform routine quality assurance checks to ensure the file sent from City is successfully received and will notify the City immediately if data transfer is not successful. Routine quality assurance checks will occur at least quarterly, unless requested by City due to receiving information indicating that there is an issue with the file transfer. Provider will receive usage data via API from Neptune Technology Group, Inc. (Neptune), facilitated by a standalone single site license agreement specific to City of Bozeman. Information and Data Accuracy Provider will ensure that all data represented in CLEAR and HOME, including leak alerts and water use reports, is accurate. Consumption data provided via secure FTP in the usage data file will match data sent via API from Neptune in CLEAR and HOME accounts. Other email and notification content in the leak alerts and water use reports will accurately represent the data and inform the customer. CLEAR features, such as filtering and geospatial account representation, will function reliably and provide accurate information. Requirements and obligations outlined in paragraph 23 of the Agreement also apply to Provider’s obligation for Information and Data Accuracy. Changes and Feature Updates Provider will inform City of minor feature updates and enhancements as they become available, or monthly, whichever is less frequent. Provider will inform City of significant feature updates that materially impact the core function of the product prior to implementation. New features that will materially impact the core function of the product will not be implemented automatically. City will notify Provider in writing if it chooses to implement new features that materially impact the core function of the product. Customer and User Support 378 Software as a Services Agreement for Dropcountr Water Utility Software FY 2026 Page 2 of 4 Provider will support City and City customers as needed and will provide “monthly roll up” HOME usage analytics to City upon request. Provider will provide technical support to City via phone and email, and City Customers via email during weekdays between 8:00am and 6:00pm ET, with the exclusion of Federal Holidays. Provider will provide technical support to City Customers via email only for password reset requests and account number information. Contractor will offer training to City on an as needed basis throughout the term of this agreement. In the table below, “Customer” is City staff and the “User” is a City of Bozeman customer. Service Plan Component Customer User Comments Online Yes Yes A single point of contact and project manager available by phone or email at any time for Customer. A general email available at any time for User. Support request functionality via website, web app and mobile app for User. Support request functionality via website for Customer. Support requests are logged as tickets before being triaged and resolved by customer and technical support. Remote software diagnostics and updates Yes Yes Dropcountr uses New Relic for application health monitoring and real-time alerting when resource thresholds have been exceeded, and/or exceptions are detected. Updates are seamlessly deployed on a rolling basis to the cloud by Dropcountr. There are no plugins or third party scripts that customers or users need to install or update. Service/support response time Yes Yes In the event of a missed call or customer service request, utility partners can expect an average return email within the day, and a maximum return email period of 2 business days. Customer support emails and support tickets will be substantively addressed within 5 working days. Provider will respond to additional correspondence required to resolve the issue within 3 working days until the issue is resolved. All correspondence will thoughtfully address the 379 Software as a Services Agreement for Dropcountr Water Utility Software FY 2026 Page 3 of 4 Service Plan Component Customer User Comments issue to arrive at a resolution as quickly as possible. Status meetings Yes No Status meetings to review performance and user metrics. Meetings are conducted monthly. In the case of outstanding issues/support tickets, Provider will provide progress updates. Fee Schedule Services: Use of the Dropcountr HOME and CLEAR products and their access by up to 15,112 accounts served by the City (the “Service(s)”). Services Fees: $21,421.26 per year, payable in advance, subject to the terms of this agreement. Annual Fee Increase: All fees and charges outlined herein for the subsequent year shall be subject to an annual increase of no more than 3% (assuming no increase in usage limits). Initial Service Term: 24 months beginning on the effective date of this agreement. Renewal Service Term: 24 months after the effective date of this agreement. Term requirements and limits outlined in paragraph 3 of the Agreement apply. Service Capacity: Up to 15,111 accounts served by the City. Accounts exceeding 15,111 will be billed to City on an annual basis at $1.4175 per account (meter). Service Level Terms The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If City requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Contractor’s control will also be excluded from any such calculation. City's sole and exclusive remedy, and Contractor's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Contractor will credit City 5% of the daily Service fees for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will 380 Software as a Services Agreement for Dropcountr Water Utility Software FY 2026 Page 4 of 4 accrue per day. Downtime shall begin to accrue as soon as City (with notice to Contractor) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, City must notify Contractor in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Contractor will only apply a credit to the month in which the incident occurred. Contractor’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Contractor to provide adequate service levels under this Agreement. 381 EXHIBIT B Cloud Services Questions 1) Service Levels: What level of service should we expect? What is the City’s recourse for excessive downtime? Refund of percentage of monthly fee? The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If City requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Contractor's control will also be excluded from any such calculation. City's sole and exclusive remedy, and Contractor's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Contractor will credit City 5% of Service fees for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as City (with notice to Contractor) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, City must notify Contractor in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Contractor will only apply a credit to the month in which the incident occurred. Contractor's blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Contractor to provide adequate service levels under this Agreement. 2) Data Ownership: Who owns the data we provide and what can be done with the data? a. City shall own all right, title and interest in and to the City Data. Contractor shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing. b. Notwithstanding anything to the contrary, Contractor shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning City Data and data derived therefrom), and Contractor will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Contractor offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein. 3) ADA Compliance: If your proposed services include websites, they must be AA compliant as defined by WCAG (Web Content Accessibility Guidelines) standards. a. Dropcountr conforms to WCAG 2.1 level AA. 4) Data Security: How secure is our data and how is it being kept secure? 382 a. If this is a multi-tenant environment on the same hardware how is our data kept separate and secure from other customers, including any PII (Personally Identifiable Information) that may be gathered? i. All data is associated with the client to which it belongs. CLEAR users may only see data associated with the client to which they are associated. HOME users may only see data associated with premises which they are associated. b. If PII is gathered, is it encrypted in transit and at rest? i. All data is encrypted in transit and at rest c. If credit card transactions are occurring is your system fully PCI compliant? i. No credit card transactions occur in Dropcountr 5) Data Integrity: What do you do as a vendor to ensure our data maintains its integrity? a. Dropcountr has robust security policies and procedures to protect and maintain data integrity. We can provide additional details upon request. 6) We require data centers to be located in the United States: What country will our data be located in? a. United States 7) Responding to legal demands to disclose data: What is your process when someone subpoenas or requests our data from you as a vendor? a. Subpoenas are handled through the Legal and Security teams 8) Reporting: What is your protocol for data breaches? a. Security Incident Response Policy provides for reporting within 48 hours of a confirmed breach. 9) Disaster Recovery: What protections/protocols do you have in place to mitigate disasters? a. We use a geographically distributed cloud computing platform to reduce our exposure to natural disasters. Database backups are maintained in a separate region from the production systems. Dropcountr can be migrated to another region should its current region become unavailable. 10) Business Continuity/Exit: If you decide to bring your business to an end or we end our relationship what happens to our data? If you give us a copy of our data, what format options will there be for our data and what assistance will you provide getting our data to us? a. Upon any termination, Contractor will make all City Data available to City for electronic retrieval for a period of thirty (30) days. Thereafter Contractor agrees to delete stored City Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability 383 11) Termination rights and consequences: What is your termination policy both for you as a vendor and us as a customer? Termination. i. Provider’s Right to Termination. Provider may terminate this Agreement, effective on written notice to the City if the City: 1) fails to pay any amount when due hereunder, and such failure continues more than sixty (60) days after Provider’s delivery of written notice thereof; or 2) breaches any of its obligations under Paragraph 6 of this Agreement ii. City’s Right to Termination. 1. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. 2. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. 3. In the event of a termination pursuant to this Section 3, Contractor is entitled to any payment it has received before the receipt of the Notice of Termination for City’s Convenience. City is not entitled to a refund of payments that have been made to Contractor before issuing a Notice of Termination for City’s Convenience 4. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. iii. Termination for Cause. 1. Any Party to this Agreement may terminate their obligations under this Agreement, effective on written notice to the other Parties, if another Party materially breaches this Agreement, and such breach: 1) is incapable of cure; or 2) being capable of cure, remains uncured sixty (60) days after the non-breaching Party provides the breaching Party with written notice of such breach; or 384 2. Any Party to this Agreement may terminate this Agreement, effective immediately upon written notice to the other Parties, if the other Party: 1) becomes insolvent or is generally unable to pay or fails to pay its debts as they become due; 2) files or has filed against it a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; 3) makes or seeks to make a general assignment for the benefit of its creditors; or 4) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. Questionnaire Completed by: Ryan Noakes - Customer Success Manager Date: 2025-02-28 385 Memorandum REPORT TO:City Commission FROM:Gail Jorgenson, GIS Program Manager Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Contract With United States Geological Survey (USGS) as a Proposed Funding Partner for FY26 3D Hydrography Program Data Collaboration Announcement Project Proposal MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Contract With United States Geological Survey (USGS) as a Proposed Funding Partner for FY26 3D Hydrography Program Data Collaboration Announcement Project Proposal STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The City relies heavily on accurate and comprehensive hydrography data for a variety of essential functions, including urban planning, emergency response, environmental management, and infrastructure development. Currently, stakeholders across the region utilize numerous disparate hydrography datasets. However, none of these datasets serves as a single authoritative source leading to inconsistencies and challenges in local and regional coordination. The USGS 3D Hydrography Program (3DHP) is an initiative by the United Stated Geological Society (USGS) that is remapping waters of the United States and addresses these issues by providing a standardized, high- resolution, and authoritative hydrography dataset that can be used by stakeholders across the region. 3DHP enables improved decision-making and collaboration among all stakeholders. Such a unified dataset enhances the accuracy of flood modeling, water resource management, and emergency preparedness efforts, thereby benefiting the entire community. The City of Bozeman along with other stakeholders has been asked to participate in mapping portions of the Lower Gallatin Watershed with the intent to complete mapping for the entire Gallatin River Subbasin. The value of the 3DHP Program is underscored by the financial commitment of key stakeholders in the region. Funding contributors include Gallatin County ($10,000) and Gallatin County 911/GIS ($15,000), Gallatin Conservation District ($10,000), Montana State Library ($10,000), USFS ($15,132.88) and 386 the City of Bozeman ($40,000). Participation in the 3DHP grant program, in collaboration with regional partners, enhances the entire community by providing access to an authoritative dataset that fosters improved resilience within the region through coordinated data sharing. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The total project cost to the City will be $40,000. Adequate funding exists for this project with $40,000 currently allocated within the FY26 Strategic Services budget for the purchase of contracted services. Attachments: FY26 DCA 3DHP-D -Validation of Proposed Funding Partners_MT_LowerGallatin.pdf Report compiled on: September 8, 2025 387 US Geological Survey 3D National Topography Model Data Collaboration Announcement 3D Hydrography Program FY26 3DHP-D Validation of Proposed Funding Partners Page 1 3DHP-D: Validation of Proposed Funding Partners Instructions Project submission must include one form 3DHP-D for each funding partner. Applicant Information First Name: Troy Last Name: Blandford Organization:Montana State Library Project Title: Montana 3DHP: Lower Gallatin River Proposed Funding Partner Information First Name: Gail Last Name: Jorgenson Organization: City of Bozeman Email: gjorgenson@bozeman.net Phone Number: (406) 582-2972 Financial Assistance Awards This form acknowledges that our organization is a full and willing partner in the project referenced above. If project submission is selected, our organization has proposed a good faith contribution of $_____ ____ towards the data acquisition costs of this project. Geospatial Products and Services (GPSC) This form acknowledges that our organization is a full and willing partner in the project referenced above. If project submission is selected, our organization has proposed a good faith contribution of $_____40,000.00____ towards the total cost of this project. The applicant recognizes that $_______$37,735.85_ ____ will be applied to the acquisition costs and 6% $______ $2,264.15_ _will be applied to cover the cost of DOI and USGS assessments. As stated in the Project Submission this contribution is: ☒ Guaranteed ☐ Pending, with a final funding decision expected on October 2025 (Use: MMM YYYY) Signature of Funding Partner_____________________________________________________________ Date _________________________________________________________________________________ Complete Only ONE Statement Based on Project Approach Hit TAB to complete input 388 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT: Authorize the City Manager to Sign a Professional Services Agreement with Latta Consultants dba Indigo West LLC to Implement a Downtown Parking Vision Plan MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to Sign a Professional Services Agreement with Latta Consultants dba Indigo West LLC to implement a Downtown Parking Vision Plan using collaborative messaging and communication tools to educate, inform, and create a structure for future short- and long-term parking solutions in Downtown Bozeman. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND: Through early 2025, the City of Bozeman and the Downtown Bozeman Partnership began renewed efforts to address long-standing parking challenges in the downtown core. A stakeholder working group was convened earlier this year to review data, identify immediate needs, and outline both short- and long-term solutions. Priorities include shared-use agreements with private lots, expansion of short-term and two-hour parking zones, exclusive employee parking in garages, and long-range exploration of a public-private partnership to develop additional structured parking. As a next step, the City, DBP and engaged stakeholders recognized the need for a coordinated outreach and communication effort to educate and engage the community about the vision for downtown parking. The intent is to both explain current challenges and to build support for a balanced strategy that improves access for residents, businesses, employees, and visitors. 389 To meet this need, staff recommends entering into a Professional Services Agreement with Latta Consultants, dba Indigo West LLC. Indigo West will lead the development and implementation of a comprehensive communication plan that includes strategic messaging, creative assets, community outreach tools, and a launch strategy that reflects the input of the stakeholder group. Deliverables will include a campaign framework, tailored messaging for key audiences, media and PR tools, social and email content, and design templates to support ongoing updates. This work will ensure that the significant planning and analysis completed to date is effectively communicated, providing clarity, transparency, and opportunities for community feedback. The goal is to position the City and DBA to implement short-term solutions now while laying the groundwork for long-term parking strategies that protect downtown’s accessibility, vitality, and growth. The estimated cost of this work is $57,900, with the communication campaign expected to begin in fall 2025 and launch in early 2026. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Total costs for this project are not to exceed $57,900 and will be paid for out of the approved Downtown Urban Renewal District fiscal year 2026 budget and work plan. Attachments: PSA_Indigo-DURD-2025.pdf Report compiled on: September 24, 2025 390 Professional Services Agreement for Parking Vision Plan 2025 Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Latta Consultants dba Indigo West, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of September 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor $57,900. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and 391 Professional Services Agreement for Parking Vision Plan 2025 Page 2 of 12 timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section 392 Professional Services Agreement for Parking Vision Plan 2025 Page 3 of 12 as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 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. 393 Professional Services Agreement for Parking Vision Plan 2025 Page 4 of 12 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. 394 Professional Services Agreement for Parking Vision Plan 2025 Page 5 of 12 c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to 395 Professional Services Agreement for Parking Vision Plan 2025 Page 6 of 12 claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Ellie Staley of the Downtown Bozeman Partnership or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Maclaren Latta or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 396 Professional Services Agreement for Parking Vision Plan 2025 Page 7 of 12 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 397 Professional Services Agreement for Parking Vision Plan 2025 Page 8 of 12 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 398 Professional Services Agreement for Parking Vision Plan 2025 Page 9 of 12 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions. This Agreement may, upon mutual agreement, be extended by written agreement of the Parties. In no case, however, may this Agreement run longer than three years. Should the Parties agree to a written extension of this Agreement, they may elect to re-negotiate the fees charged under this Agreement. 399 Professional Services Agreement for Parking Vision Plan 2025 Page 10 of 12 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Latta Consultants dba Indigo West) By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 400 Professional Services Agreement for Parking Vision Plan 2025 Page 11 of 12 EXHIBIT A PROJECT OVERVIEW: The Downtown Bozeman Partnership (DBP) and the City of Bozeman have been working together to find solutions for downtown parking challenges. As of March 2025, a working group of stakeholders has outlined recommendations for both long-term and short-term parking solutions. Next steps are for the Downtown Bozeman Partnership to lead a collaborative effort to share the vision for parking with the community. The Downtown Urban Renewal District, an arm of the DBP is seeking professional services with civic marketing strategist experience that will outline an outreach and education campaign that shares our vision, updates and informs as well as our key audiences. The project is in accordance with the 2019 Downtown Bozeman Improvement Plan. VISION PLAN DELIVERABLES: • Coordination with City Parking Division, as needed • Campaign Positioning & Key Messages: Positioning & messaging, voice & tone, guidelines for do’s & don’ts • Campaign Branding: A focus on coordinating and highlighting existing branding of City and DBP/DURD across all campaign materials, rather than creating a new logo. • Campaign Strategic Plan: Goals, objectives & target audiences; finalized strategic approach • Editorial Calendar & Social: Outline themes and overall key messages for email newsletters & social media for 5 months • Campaign Templates: Design up to 4 templates for use in social media, email newsletters • Client Presentations: Includes up to 4 meetings / presentations to stakeholders (BID, DURD & DBA) • Ongoing Strategic Counsel & Client Collaboration: Includes 5 months of collaboration & bi- weekly meetings CAMPAIGN TACTICS • Online Presence: Landing page design elements & copy (for DBP to implement) • Collateral: Up to 3 designed pieces of collateral - i.e., signage, poster, rack card, and/or sticker • Content Curation & Creation: Create 1 social post/week and 1 email newsletter/month for 3 months (for DBP to implement) • Paid Social Ads: Designs and copy for 3 social ads & recommended targeting/spending (for DBP to implement & monitor) • Creative Direction for Photography & Videos: Creative direction & shot list, working with photographer • PR & Community Outreach Tools: News release & pitch (for use by DBP) 401 Professional Services Agreement for Parking Vision Plan 2025 Page 12 of 12 TIMING: Work to Begin Fall 2025 Payment Schedule • Invoice #1: 20% - Due upon signing of the professional services agreement • Invoice #2: 20% - Due Nov. 15, 2025 • Invoice #3: 20% - Due Dec. 15, 2025 • Invoice #4: 20% - Due Jan. 15, 2026 • Invoice #5: 20% - Due upon completion of Exhibit A Estimated Fees for Deliverables and Tactics: $57,900* (see note below) *Additional support and / or other campaign tactics to be scoped separately. *Does not include any outside costs including, but not limited to, photography, printing, production, advertising and/or any other out of pocket expenses. *Includes up to two rounds of revisions. Additional revisions and/or a client-directed change in direction will result in additional fees. 402 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Project Engineer Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to Sign an Amendment 3 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC for Phase I Rehabilitation Improvements to the City's Sourdough Water Storage Tank MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Amendment 3 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC for Phase I Rehabilitation Improvements to the City's Sourdough Water Storage Tank. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City is in the process of completing the Phase I Rehabilitation Improvements for the existing Sourdough water tank located at the intersection of Sourdough Road and Goldenstein Lane. Sourdough tank provides 4 million gallons of treated water storage and was originally constructed in 1955. The project includes replacement of the existing internal access ladder, overflow piping, drain line valve, and a detailed condition assessment of the tank interior. The City procured the firm of Advanced Engineering and Environmental Services (AE2S) to provide engineering services for the project. The scope of service of the professional services agreement (PSA) with AE2S was limited to design and bidding. Design and bidding have been completed, and the construction contract has been awarded to MJD Contracting, LLC. In advance of construction, Amendment No. 3 expands the current PSA scope of service with AE2S to provide construction engineering services and condition assessment services to inform the second phase of the tank rehabilitation. The detailed breakdown of the services is included in the attached amendment. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission 403 FISCAL EFFECTS:Amendment No. 3 adds a cost of $78,410.12 to complete the additional scope. With current and pending obligated fees for the project ($501,650) included the total project cost will be $580,060.12. Funding for the project is provided from the water fund as project W84 in the Capital Improvement Plan at the amount of $800,000 budgeted within FY26. As such, sufficient funding is available for Amendment No. 3. Attachments: PSA Amendment 3_Sourdough Tank Ph 1 Rehab_AE2S.pdf Report compiled on: September 25, 2025 404 AE2S PROJECT NO.: P05097-2022-013 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Amendment No. 3 Effective Date of Professional Services November 21, 2023 Agreement: Owner: City of Bozeman Engineer: Advanced Engineering and Environmental Services, LLC Specific Project: Bozeman Sourdough Tank Nature of Amendment: X Additional Services to be performed by Engineer X Modifications of payment to Engineer X Modifications to time(s) for rendering services Description of Modifications: Engineer shall perform the following additional services: Study and Report Phase Services A. Engineer shall: 1. Perform or provide the following Condition Assessment Report of Sourdough Tank, including: a. Visual and acoustic inspection of tank exterior, dome roof, walls, and appurtenances, with photographic documentation. b. Assessment of concrete for cracking, spalling, delamination, efflorescence, and exposed reinforcement. c. Four (4) inspection windows in exterior coating to assess tension wires, patched per manufacturer’s recommendations; additional destructive testing only with Owner approval. d. Spot checks of embedded reinforcement spacing and depth at three (3) floor and five (5) wall locations. e. Review of available as-built drawings, prior inspection reports, and related documents. f. Recommendations for repair/rehabilitation and prioritization of remedial measures. g. Preparation of a Class 4 cost estimate (per AACE International) based on inspection findings and Contractor data. 2. Furnish the Report and any other Study and Report Phase deliverables to Owner pursuant to the requirements of the Deliverables Schedule, and review the deliverables with Owner. 3. Revise the Report and any other Study and Report Phase deliverables in response to Owner’s comments, as appropriate, and submit revised deliverables pursuant to the Deliverables Schedule. B. Engineer’s services under the Study and Report Phase will be considered complete on the date when Engineer has delivered to Owner the final Report (as revised) and any other Study and Report Phase deliverables. Construction Phase Services, as defined in Exhibit D attached hereto. Amendment No. 3 Page 1 405 • Including Resident Project Representative (RPR) Services, defined in Exhibit E attached hereto. 1. Other Tasks: Perform or provide the following other Construction Phase tasks or deliverables: a. Project Management. b.Project Administration. c. Project Meetings. d.Construction Contract Closeout. e. Submittals. Post-Construction Phase A. Upon written authorization from Owner during the Post-Construction Phase, Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, make recommendations as to replacement or correction of defective Work, if any, or the need to repair of any damage to the Site or adjacent areas, and assist Owner in consultations and discussions with Contractor concerning correction of any such defective Work and any needed repairs. 2. Together with Owner, visit the Project within one month before the end of the Construction 3. Contract’s correction period to ascertain whether any portion of the Work or the repair of any damage to the Site or adjacent areas is defective and therefore subject to correction by Contractor. 4. Perform or provide the following other Post-Construction Phase tasks or deliverables: a. Project Management. b. Correction Period Monitoring. b. Project Close Out and Archive. B. The Post-Construction Phase services may commence during the Construction Phase and, will terminate 12 months after the commencement of the Construction Contract’s correction period. ASSUMPTIONS AND EXCLUSIONS: 1. Fees for Construction Phase and Post-Construction Phase Services are based on the following assumed durations or number of Construction Administration Activities: a. Weeks of Construction ...................................................... 6 weeks b. Submittal Reviews .................................................... 10 submittals i. Assumes Technical and Administrative Submittals ii. Assumes 0 submittals requiring services from Electrical, Mechanical, Architectural, Instrumentation & Controls, Structural, or Geotechnical Engineers. c. Pay Applications ............................................. 2 Pay Applications d. Work Change Directives (WCDs) .................................... 2 WCDs e. Change Orders (COs) ............................................................ 1 CO f. Request for Interpretation (RFIs) ........................................ 2 RFIs g. Project Meetings .............................................. 2 Project Meetings i. Pre-Construction Meeting (2) ii. Progress Meeting (3) h. Misc. Field Observations and Coordination Items ............. 3 Items Amendment No. 3 Page 2 406 i. j. Substantial Completion Walk Through ..................1 Walkthrough Interim Punch List Inspections ................................... 1 Inspection k. Final Payment Inspection & Application ................. 1 Occurrence l. Correction Period Walk Through ......................... 2 Walkthroughs i. Interim Walk-Through ii.11 Month Inspection 2. Other assumptions included in notes on tables in Section E.6. a. For the Additional Services set forth above, Owner shall pay Engineer the following additional or modified compensation: Summary Fee Basis of Compensation Phase 020 – Study and Report (Condition Assessment) $23,056.39 Lump Sum – See Article 6.1 of Prime Agreement Phase 060 – Construction Phase $45,527.99 Direct Labor x Fixed Multiplier – See Article 6.2 of Prime Agreement Phase 070 – Post- Construction Phase $9,825.74 Direct Labor x Fixed Multiplier – See Article 6.2 of Prime Agreement b. The schedule for rendering services is modified as follows: CONSTRUCTION AND POST-CONSTRUCTION PHASE SERVICES: The Engineer’s delivery of services will be aligned with the Contractor’s construction schedule and key milestones as defined in the Construction Contract Agreement. The Engineer’s performance of Construction Phase and Post-Construction Phase Services shall be conducted in accordance with the construction timeline, including scheduled site activities, progress meetings, and contractually established project milestones. The Engineer will coordinate closely with the Owner and Contractor to ensure that observations, reviews, and documentation are completed in a timely manner to support the successful administration and closeout of the Construction Contract. CONDITION ASSESSMENT: The Owner’s Contractor shall provide the Engineer with no less than three (3) weeks’ advance written notice of the anticipated start date for accessing the tank and conducting the visual assessment. Upon receiving access to the tank and completing the visual inspection period, the Engineer will deliver a sealed report documenting the Condition Assessment findings within forty-five (45) calendar days. This report will include observations, photographic documentation, annotated drawings, and recommendations for rehabilitation actions, based on the findings from the visual inspection. Agreement Summary: Original agreement amount: Net change for prior amendments: This amendment amount: Adjusted Agreement amount: $ 108,000.00 $ 104,650.00 $ 78,410.12 $ 291,060.12 Amendment No. 3 Page 3 407 Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is September 23, 2025. OWNER: ENGINEER: City of Bozeman Advanced Engineering and Environmental Services, LLC By: Date: Name: Chuck Winn Title: City Manager By: Date:{{ Name: Brian R. Bergantine Title: Project Quality Director Amendment No. 3 Page 4 408 EXHIBIT D TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on November 21, 2023 between CITY OF BOZEMAN (OWNER) and Advanced Engineering and Environmental Services, LLC (ENGINEER) providing for professional engineering services. ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION 10.1. OWNER’S REPRESENTATIVE ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 10.2. VISITS TO THE SITE ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT E, A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. 10.4. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are Exhibit D Amendment No. 3 Page 1 409 unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document. 10.5. AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract. 10.6. REJECTING DEFECTIVE WORK ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in the General Provisions of the construction Contract Document whether or not the work is fabricated, installed, or completed. 10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7.1.The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing provisions of the General Provisions of the construction Contract Document 10.7.2.The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of the General Provisions of the construction Contract Document. 10.7.3.The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the payment provisions of the General Provisions of the construction Contract Document. 10.8. DETERMINATIONS FOR UNIT PRICES ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written recommendation thereon (by recommendation of an Application for Payment or otherwise) to OWNER. 10.9. DECISION ON DISPUTES 10.9.1.ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter Exhibit D Amendment No. 3 Page 2 410 shall be promptly reported and copied to the OWNER. 10.9.2.When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 10.10.LIMITATIONS ON ENGINEER'S RESPONSIBILITIES 10.10.1.Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 10.10.2.Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3. 10.10.3 Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at a project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor’s failure to furnish and perform its work in accordance with the contract between CLIENT and such contractor. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer’s own employees) at a project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. Exhibit D Amendment No. 3 Page 3 411 EXHIBIT E TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on November 21, 2023, between CITY OF BOZEMAN (OWNER) and Advanced Engineering and Environmental Services, LLC (ENGINEER) providing for professional engineering services. ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the construction Contract Documents, and are further limited and described as follows: 11.1. GENERAL RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 11.2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1.Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes thereof. Exhibit E Amendment No. 3 Page 1 412 11.2.3.Liaison: 11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR. 11.2.3.2. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 11.2.4.Shop Drawings and Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 11.2.5.Review of Work, Rejection of Defective Work, Inspections and Tests: 11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startup. 11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 11.2.6.Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 11.2.7.Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. Exhibit E Amendment No. 3 Page 2 413 11.2.8.Records: 11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 11.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 11.2.9.Reports: 11.2.9.1. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 11.2.9.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 11.2.9.4. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 11.2.12. Completion: 11.2.12.1.Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or correction before ENGINEER may issue a Certificate of Substantial Completion. Exhibit E Amendment No. 3 Page 3 414 11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their status, and make recommendation to Engineer regarding issuance of a Certificate of Substantial completion. 11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. 11.2.12.4. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. 11.3. LIMITATIONS OF AUTHORITY Resident Project Representative: 11.3.1.Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment’s, unless authorized by ENGINEER. 11.3.2.Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 11.3.3.Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 11.3.4.Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 11.3.5.Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 11.3.6.Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 11.3.7.Shall not authorize OWNER to occupy the Project in whole or in part. 11.3.8.Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. Exhibit E Amendment No. 3 Page 4 415 Estimated Fee Amendment No. 3 Page 1 416 Estimated Fee Amendment No. 3 Page 2 417 DIRECT LABOR COSTS & REIMBURSABLE EXPENSE SCHEDULE: Maximum Billable Direct Labor Costs Engineer 4 Engineer 3 Engineer 2 Engineer 1 Construction Services 4 Construction Services 3 Construction Services 2 Engineering Tech 5 Engineering Tech 4 Engineering Tech 3 Engineering Tech 2 Engineering Tech 1 I&C 4 I&C 3 I&C 2 $70.55 $61.53 $43.50 $39.78 $49.86 $46.68 $37.13 $43.50 $40.31 $35.01 $30.77 $23.34 $60.47 $54.11 $49.86 Reimbursable Expense Rates* Transportation Survey Vehicle Laser Printouts/Photocopies Plotter Printouts UAS - Photo/Video Grade UAS – Survey Mapping GPS Fast Static/RTK GPS $0.75/mile $0.95/mile $0.30/copy $1.00/s.f. $100.00/day $50.00/day $25.00/hour $50.00/hour $75.00/month Legal Services Reimbursement $291.00/hour Outside Services cost * 1.15 Geotechnical Services cost * 1.30 Out of Pocket Expenses cost * 1.15 Project Specific Equipment Negotiable * These rates are subject to adjustment each year on January 1. Direct Labor and Reimbursable Expense Schedule Amendment No. 3 Page 1 418 Memorandum REPORT TO:City Commission FROM:Katie Canter, Contracts and Sports Parks Coordinator Mitch Overton, Parks and Recreation Director SUBJECT:Authorize the City Manager to Sign an Amendment 4 to the Professional Services Agreement with K2 Ventures, Inc. for Snow Removal and Maintenance Services within Select Bozeman Parks and Trails District Properties MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 4 to the Professional Services Agreement with K2 Ventures, Inc. for Snow Removal and Maintenance Services within select Bozeman Parks and Trails District properties. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180 creating the Bozeman Parks and Trails Special District (District). To accomplish the District objectives the City has developed a multi-year District implementation plan designed to achieve steady calculated increases in level of service standards and sustainable maintenance practices in all City Parks. Beginning July 1, 2020 City’s Parks and Recreation Department assumed full responsibility for all of the District’s designated park properties including the addition of 235 acres of park land located within subdivision parks previously maintained by home owners/community associations. In September 2021, the Parks and Recreation Department conducted a request for proposals process to acquire professional services required to complete snow removal and additional maintenance services on parks in the District. After careful evaluation and review, K2 Ventures Inc. was determined to be a qualified, responsive, and responsible vendor for Parks and Trails District Snow Removal Services contract. On November 16, 2021, the City entered into the Agreement with K2 Ventures Inc. The Agreement is effective for one year after the date of execution with the option to extend the agreement an additional year upon mutual agreement. K2 Ventures Inc. has demonstrated the ability to provide comprehensive snow removal maintenance services for the City’s Parks and Trials District and will continue complete the services as defined and described in Attachment B: PSA K2 Ventures Inc. Snow Removal Services. The Attachment A PSA Amendment 4 K2 Ventures Inc Snow 419 Removal Services will extend the Agreement for an additional one (1) year period and shall terminate on December 7, 2026. In no case, however, may this agreement run longer than five (5) years from the original effective date. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Funding is currently allocated for this contacted maintenance within the FY26 and FY27 budget in the Parks and Trails District Maintenance Fund account. Contracting select maintenance tasks allows the District to provide additional public services without the commitment of adding City staff. Attachments: Attachment A PSA Amendment 4 K2 Ventures Inc. Snow Removal Services.pdf Attachment B PSA K2 Ventures Inc. Snow Removal Services..pdf Report compiled on: September 25, 2025 420 Fourth Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2026 – FY 2027 Page 1 of 2 FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Snow Removal Services dated December 7, 2021 (the “Agreement”) between K2 Ventures and the City 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 Terrain Inc., 2545 Spain Bridge Road, Belgrade, MT 59714 hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. K2 Venture changed its formal business name to Terrain, Inc. but retains the same EIN and will continue to do business as K2 Ventures. The parties recognize K2 Ventures may also be referred to as Terrain, Inc. 2. The Agreement will be amended as stated below: a. Extension of Term: Section 2. The Agreement is extended for an additional one (1) year period. The Agreement shall terminate on December 7, 2026. b. Section 4 Payment: Snow removal and additional miscellaneous services specified in Exhibit B of the Professional Services Agreement between the City and the Contractor are listed for clarification to include updated pricing described in Exhibit A: Schedule of Services – 2025/26 Pricing. c. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 421 Fourth Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2026 – FY 2027 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA K2 Ventures Inc. By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 422 Location 2024-2025 2025-2026 Harvest Creek Subdivision $180.00 $198.00 West Winds Subdivision $240.00 $264.00 Baxter Square Park $120.00 $132.00 Cattail Creek Subdivision $360.00 $396.00 Walton Homestead Park $90.00 $99.00 Oak Meadows Park $90.00 $99.00 Exhibit A: Schedule of Services 2025/26 Pricing 423 Professional Services Agreement for K2 Ventures Inc. Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of December, 2021 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, K2 Ventures Inc., 2545 Spain Bridge Road, Belgrade, MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services in Exhibit A. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified and attached hereto as Exhibit B. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5.Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951 7th DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 424 Professional Services Agreement for K2 Ventures Inc. Page 2 of 12 a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 425 Professional Services Agreement for K2 Ventures Inc. Page 3 of 12 In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 426 Professional Services Agreement for K2 Ventures Inc. Page 4 of 12 damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 427 Professional Services Agreement for K2 Ventures Inc. Page 5 of 12 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 428 Professional Services Agreement for K2 Ventures Inc. Page 6 of 12 to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 429 Professional Services Agreement for K2 Ventures Inc. Page 7 of 12 be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Luke Kline, Contracts Coordinator or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Justin Kuntz or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 430 Professional Services Agreement for K2 Ventures Inc. Page 8 of 12 designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 431 Professional Services Agreement for K2 Ventures Inc. Page 9 of 12 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17.Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 432 Professional Services Agreement for K2 Ventures Inc. Page 10 of 12 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 433 Professional Services Agreement for K2 Ventures Inc. Page 11 of 12 the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than three years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 434 Professional Services Agreement for K2 Ventures Inc. Page 12 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951 Daniel Kappes vice President K2 ventures, Inc DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 435 Page 1 of 23 REQUEST FOR PROPOSAL (RFP) PARKS & TRAILS DISTRICT SNOW REMOVAL SERVICES CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 September 2021 Exhibit A DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 436 I.INTRODUCTION The City of Bozeman (Owner), is seeking proposals from qualified contractors to provide snow and ice removal services for the Parks and Recreation Department. The Owner intends to enter into a contract with the selected firm that will include snow and ice removal services on an “as-needed” basis beginning October 15, 2021 through April 30, 2022. Work is to be completed within 24 hours of notification from the Parks and Recreation Superintendent. This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The Owner reserves the right to accept or reject all responses received as a result of this RFP if it is in the Owner’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFP, all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II.PROJECT BACKGROUND AND DESCRIPTION On May 5, 2020, the City of Bozeman approved the Bozeman Parks and Trails Special District (District). With the endorsement of Bozeman resident’s the District granted the City authorization to conduct annual levy assessments for funding to maintain and operate all of the City owned parks and trails. To accomplish the District objectives the City has developed a multi-year Parks and Trails District implementation plan designed to achieve steady calculated increases in level of service standards and sustainable maintenance practices in all City Parks. On July 1, 2020, the City’s Parks and Recreation Department assumed full responsibility for all of the District’s designated park properties including the addition of 217 acres of park land located within subdivision parks previously maintained by home owners/community associations. To address the requirements for all maintenance, operations, capital and deferred maintenance needed in the new District the City will establish contracts for professional services with qualified contractors. The City of Bozeman is seeking proposals from contractors to perform grounds and landscape maintenance for parks, trails and amenities within the District. Contractor will provide services to ensure that City landscapes are effectively and efficiently maintained for the benefit of the city and its residents. The selected contractor will begin snow removal services in October 2021 and continue services through the completion of the winter season at the end of April 2022. Exhibit A DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 437 The routine services will be conducted for approximately a 28 week period in total or approximately 7 months per year. III.SCOPE OF SERVICES The City of Bozeman Parks and Recreation Department is in need of a contractor to remove snow and ice from sidewalks and park areas within the Bozeman city limits. Snow removal will be performed on an “as needed” schedule during 2021-2022 winter season. The scope of services includes: 1.The Contractor is to perform snow and ice removal of sidewalks, pedestrian crossings any other areas as determined by the Parks Superintendent. Services shall be completed through various methods such as, but not limited to: chipping, ice melts, blowing, shoveling, plowing, etc. 2.The Contractor shall use equipment no wider than the sidewalk which is being cleaned. Equipment shall be of a weight that will not damage the sidewalk or adjacent property. The contractor shall maintain his operation within the public right of way. 3.Snow and ice must be completely removed from the sidewalks before payment will be made to the contractor and shall not be moved into streets. If salt or other chemicals are used to loosen ice, only the minimum amount of salt or other chemicals will be used to adequately perform this function and the contractor shall refrain from depositing any resulting salt/ice mixture onto private property, grassed, or landscaped area. 4.Snow and ice removal shall commence within twenty-four (24) hours after notice by the City is given to the contractor. The Contractor may be required to work on any day of the week, including holidays. Other related services may be requested on an as needed basis. Locations may be added or removed from the contract at any time. The final scope of services may change and will be contained in a professional services agreement to be executed by the City and the selected Contractor. IV.PROPOSAL REQUIREMENTS Firms interested in providing the services described above are requested to submit the following information. Responses to each item should appear in the same order as listed in this RFP and should identify the item to which the responses applies. Proposal shall provide the following information, include, at a minimum, the following items: Exhibit A DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 438 1.An executive summary not exceeding two pages which summarizes key points of the proposal and which is signed by an officer of the firm who is responsible for committing the firm’s resources. 2.A narrative describing the contractor’s qualifications as they relate to the Scope of Services, including the contractor’s availability of staffing to perform the tasks and response times for work requests submitted by the City Parks and Recreation Department. 3.Provide a quote for fixed per hour rate for services listed within Scope of Services. Cost must include and define all equipment, labor, materials provided and description for all service provided at fixed per hour rate. 4.Provide a quote for fixed per hour rate for additional services available if not listed in the scope of services. Include description of all equipment, labor and materials provided at fixed per hour cost. Provide additional information is needed to describe all services. 5.Contractor shall include any current industry professional certifications, relevant expertise or experience, three (3) references for similar completed work and work previously/currently being performed for the City of Bozeman. Affirmation of Nondiscrimination (see Appendix A) Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms. V.TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS EVENT DATE/TIME Publication dates of RFQ Sunday, September 19, 2021 Sunday, September 26, 2021 Deadline for receipt of proposals No later than 2 PM, MST, October 7, 2021 Evaluation of proposals TBD Interviews (if necessary) and Selection of consultants TBD With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by October 7th at 2PM MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one Exhibit A DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 439 PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. VI.AMENDMENTS TO SOLICITATION Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is 2 PM MST on September 30th, 2021. VII.CONTACT INFORMATION Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk, (406) 582-2321, agenda@bozeman.net Questions relating to scope of services should be directed to: Luke Kline, Contracts Coordinator, lkline@bozeman.net , and (406) 582-2290. VIII.SELECTION PROCEDURE A review committee will evaluate all responses to the RFP that meet the submittal requirements and deadline. Submittals that do not meet the requirement or deadline will not be considered. The review committee will rank the proposals and may arrange interviews with the finalist(s) prior to selection. Selection may be made directly based on the written RFP submission. If interviews occur, the selection of finalists to be interviewed will be made by a selection committee representing the City of Bozeman. The selection of interview candidates will be based on an evaluation of the written responses to the RFPs. All submitted proposals must be complete and contain the information required as stated in the "Request for Proposals.” IX.SELECTION CRITERIA Proposals will be evaluated based on the following criteria: •[10 points] Executive Summary •[60 points] Qualifications of the Firm for Scope of Services; Cost •[30 points] Related Experience with Similar Projects Exhibit A DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 440 X.FORM OF AGREEMENT The Contractor will be required to enter into a contract with the City in substantially the same form as the professional services agreement attached as Appendix B. XI.CITY RESERVATION OF RIGHTS / LIABILITY WAIVER All proposals submitted in response to this RFP become the property of the City and public records and, as such, may be subject to public review. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A.This RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFP, all Respondents who submitted will be notified using email. B.The City reserves the right to accept or reject any and all proposals; to add or delete items and/or quantities; to amend the RFP; to waive any minor irregularities, informalities, or failure to conform to the RFP; to extend the deadline for submitting proposals; to postpone award for up to 60 days; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards or phases are determined by the City to be in the public interest. C.The City of Bozeman reserves the right to reject the proposal of any person/firm who previously failed to perform properly to the satisfaction of the City of Bozeman, or complete on time agreements of similar nature, or to reject the proposal of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City of Bozeman. D.The City of Bozeman reserves the right to determine the best qualified Contractor and negotiate a final scope of service and cost, negotiate a contract with another Contractor if an agreement cannot be reached with the first selected Contractor, or reject all proposals. E.The professional services contract between the City of Bozeman and the successful Contractor will incorporate the Contractor's scope of service and work schedule as part of the agreement (see Appendix B for form of professional services agreement. The professional services agreement presented to the Contractor may differ from this form as appropriate for the scope of services). F.This RFP does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by firms in responding to this request for proposals or Exhibit A DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 441 request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Contractor, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. G.The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises this RFP, all Contractors who submitted proposals will be notified using email. H.Projects under any contract are subject to the availability of funds. XII.NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. XIII.MISCELLANEOUS A.No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B.No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C.Employment Restriction and Indemnity. No person who is an owner, officer, employee, contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, Exhibit A DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 442 its officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each Respondent shall save and hold the City harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent’s officers, employees, contractors and consultants. D.Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301. E.Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an RFP not properly addressed and identified in accordance with these documents. F.Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. XIV.ATTACHMENTS The following exhibits are incorporated in this RFP: Appendix A: Non-Discrimination Affirmation Appendix B: Form of Professional Services Agreement END OF RFP Exhibit A DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 443 K2 Ventures INC Exhibit B DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 444 Profile Name K2 Ventures INC EIN:85-3254226 Address and Location 2545 Spain Bridge road, Belgrade, Mt, 59714 Contact Persons Justin Kuntz President (406) 539-0838 K2venturesmt@gmail.com Daniel Kappes Vice President (406) 595-4779 K2venturesmt@gmail.com Experience and Expertise K2 Ventures has 20+ years experience providing snow plowing services to the bozeman area. Using our past experience we have made our company a “one stop shop” for snow removal needs using the following equipment and employees: ● 14 Employees ● 10 Trucks with plows ● Two skid steers with plows ● One loader with plow ● Two, four wheelers with plows ● Sand/salt truck ● Liquid Magnesium Chloride Truck Exhibit B DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 445 Pricing ● Hand shoveling- $65/ Hour ○ Any work that involves a single person and a snow shovel. ● Four wheeler with Plow- $120/hour ○ 2021 Polaris 850 with Boss hydraulic plows. ● Skid steer with plow- $180/ hour ○ Either a bobcat 650 or 570 with a bucket or Kage plow ● Skid steer with Snow blower- $210/ Per hour ○ Either a bobcat 650 or 570 with bobcat snow blower ● Mini skid steer with Bucket- $165/ Hour ● Mini excavator- $155/ hour ○ Either a Cat 303.5 or 304. Used most efficiently to remove heavy ice. ● Magnesium Chloride Granular salt- 4.5/ pound applied ● Liquid magnesium chloride- $3.75/ Gallon Applied ● Sanding- $65/per hour and $.05 per pound of sand Pricing Price list for the equipment Class II & III Trail Maintenance. Specialized attachments for the equipment will be billed out at an additional fee if necessary. (Additional materials to complete work purchased separate at itemized as price per. ton / price per cubic yard / or other) DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 446 References Bozeman Public Schools Snow removal Mathew Stark 406-522-4879 Bozeman Code Compliance Sidewalk snow Removal Ken Philips UPS Ron Proffit 406-871-2500 US Post office Carrie Brekke Carrie.L.Brekke@usps.gov Saddle Peak Property Management Lindsay Freitas 406-599-2613 lindsay@saddlepeakproperties.com Exhibit B DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 447 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION I ,,/ .. "" /� 'Z l),:,;1,-tv[<>�) /z N c-(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer's employees and to all subcontracts. )';/' In addition, fl./ I )triJ.;'-(·'l 5, , ·t:..c/ (name of entity submitting) hereby affirms it will abide by the Equal Pa/Kc:t of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices" website, https://wayback.arch ive-it.org/ 499/20210701223409/https:/ eg ualpay.mt.gov /, or equivalent "best practices publication and has read the material. Exhibit B DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 448 First Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2023 – FY 2024 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Snow Removal Services dated December 7, 2021 (the “Agreement”) is made and entered into this _____ day of ____________, 2022, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and K2 Ventures Inc., 2545 Spain Bridge Road, Belgrade, MT 59714 hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1.Section 31 of the Agreement is replaced in its entirety with the following: 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one (1) year by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. 2.Extension of Term: Section 31. Extensions: Professional Service Agreement between City and Contractor dated December 7, 2021 is extended for an additional one (1) year period. The Agreement shall terminate on December 7, 2023. 3.Section 4 Payment: Snow removal and additional miscellaneous services described in the Agreement as Exhibit B are listed for clarification in the Attachment A Schedule of Services Table provided by K2 Ventures Inc. 4.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 6 December 449 First Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2023 – FY 2024 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA K2 Ventures Inc. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 Daniel Kappes vice President 450 1 | Page Attachment A Pricing ● Hand shoveling- $65/ Hour ○ Any work that involves a single person and a snow shovel. ● Four wheeler with Plow- $120/hour ○ 2021 Polaris 850 with Boss hydraulic plows. ● Skid steer with plow- $180/ hour ○ Either a bobcat 650 or 570 with a bucket or Kage plow ● Skid steer with Snow blower- $210/ Per hour ○ Either a bobcat 650 or 570 with bobcat snow blower ● Mini skid steer with Bucket- $165/ Hour ● Mini excavator- $155/ hour ○ Either a Cat 303.5 or 304. Used most efficiently to remove heavy ice. ● Magnesium Chloride Granular salt- 4.5/ pound applied ● Liquid magnesium chloride- $3.75/ Gallon Applied ● Sanding- $65/per hour and $.05 per pound of sand Pricing Clarification of additional services and pricing for the equipment/maintenance services provided in PSA K2 Ventures Snow removal services contract Exhibit B. Please see Equipment and Labor Rate Table and described services below. Specialized attachments for the equipment will be billed out at an additional fee if necessary. (Additional materials to complete work purchased separate at itemized as price per. ton / price per cubic yard / or other) DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 451 2 | Page K2 VENTURES HOURLY EQUIPMENT AND LABOR RATES TABLE Lawn Care Maintenance Perform various grounds maintenance functions; mows, trims, edges, fertilizes, aerates, and waters lawns, medians, and other City easement areas; weed, prune, mulch, feed, fertilize, and irrigate plants, shrubs, trees, and ground-cover. Price will be a fixed cost per location if services are desired for lawn maintenance. Price will include mowing/ trimming cost as well as additional services such as weed pulling and spraying. Landscaping Installation of new flowers, trees, grass, hedges, and bushes, rock, mulch, etc. Landscaping can be a new project or adding on to or replacing existing landscaping. Price- Please reference Hourly equipment and labor rates table. Dirt work Digging, moving, grading and trenching jobsite areas. Dirt work includes but is not limited to all acts of excavation, landscaping, hard scaping, concrete prep, and demolition. Price- Please reference Hourly equipment and labor rates table. Trail Maintenance (Includes All City of Bozeman Trail Classifications I – V) Includes but is not limited to installation of new trail systems, revamping and maintenance of existing trail systems, mowing, and weed spraying. Price- Please reference Hourly equipment and labor rates table. Playground Maintenance Adding or removing new wood chips (or other mediums) to playgrounds. Extending the current playground. Price- Please reference Hourly equipment and labor rates table. DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4 452 Second Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2024 – FY 2025 Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Snow Removal Services dated December 7, 2021 (the “Agreement”) is made and entered into this _____ day of ____________, 2023, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and K2 Ventures Inc., 2545 Spain Bridge Road, Belgrade, MT 59714 hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1.Extension of Term: Section 31. Extensions: Professional Service Agreement between City and Contractor dated December 7, 2021 is extended for an additional one (1) year period. The Agreement shall terminate on December 7, 2024. 2.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: 78AA99C7-6E47-4346-9C9E-7D8EFDA30570 November21st 453 First Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2024 – FY 2025 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA K2 Ventures Inc. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 78AA99C7-6E47-4346-9C9E-7D8EFDA30570 vice President Daniel Kappes 454 Third Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2025 – FY 2026 Page 1 of 2 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Parks and Trials District Snow Removal Services dated December 7, 2021 (the “Agreement”) is made and entered into this _____ day of ____________, 2024, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and K2 Ventures Inc., 2545 Spain Bridge Road, Belgrade, MT 59714 hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1.Extension of Term: Section 31. Extensions: Professional Service Agreement between City and Contractor dated December 7, 2021 is extended for an additional one (1) year period. The Agreement shall terminate on December 7, 2025. 2.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Docusign Envelope ID: D67202EB-940E-48F2-9BB8-01D54372355C October22nd 455 Third Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2025 – FY 2026 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA K2 Ventures Inc. By________________________________ By_____________________________ Chuck Winn, Interim City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney Docusign Envelope ID: D67202EB-940E-48F2-9BB8-01D54372355C Daniel Kappes vice President 456 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Resolution Authorizing Change Order 1 to Construction Contract with Sime Engineering for Story Mill Community Park, East Parking Lot MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve Resolution Authorizing Change Order No. 1 to Construction Contract with Sime Engineering for Story Mill Community Park, East Parking Lot STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:Change Order No. 1 authorizes installation of additional landscaping features including fencing and trees between parking lot and neighboring residences to mitigate light pollution from vehicles and heat island effect of the parking lot. Added trees and vegetation within the parking lot will enhance the park's eastern boundary. UNRESOLVED ISSUES:None ALTERNATIVES:Per Commission FISCAL EFFECTS:Within budgeted amounts in FY25 and FY26. Attachments: Resolution_SMCP-Parking-Lot_Change-Order-No.1.docx SMCP-Parking-Lot_Sime_Change-Order-No.1.docx.pdf Sime-Bid_CO1.pdf CO1-Landscaping-Revisions.pdf Report compiled on: September 11, 2025 457 1 of 2 RESOLUTION 2025____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING CHANGE ORDER ONE TO THE SIME CONSTRUCTION, LLC CONTRACT FOR STORY MILL PARKING LOT CONSTRUCTION WHEREAS, the City Commission did, on the 16TH day of May 2025, authorize signature of the contract with Sime Construction, Inc. for Story Mill Parking Lot Construction; 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 Sime Construction, LLC 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. 458 Resolution 2025-_____, Change Order 1 for Bozeman Sports Park Field 7 2 of 2 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of October 2025. __________________________________________ TERRY CUNNINGHAM Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: __________________________________________ ___ GREG SULLIVAN City Attorney 459 CHANGE ORDER No. 1 DATE OF ISSUANCE 10-7-2025 EFFECTIVE DATE 10-7-2025 OWNER: City of Bozeman, MT CONTRACTOR Sime Construction, Inc. Contract: Sime Construction, Inc. for Story Mill Park Parking Lot Project: East Parking Lot OWNER's Contract No. 25-007 ENGINEER Stahly Engineering ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Incorporate landscaping changes as described in attached proposal Reason for Change Order: - Additional vegetative and fence screening of parking lot between parking spaces and nearby residential buildings and alteration to ensure viability of groundcover within bioswale. Attachments: Sime Contract Changes Cost Proposal & Landscaping Revision 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 $ 754,290.45 Net Increase (Decrease) from previous Change Orders No. to : $ 24,997.65 Contract Price prior to this Change Order: $ 754,290.45 Net increase (decrease) of this Change Order: $ 24,997.65 Contract Price with all approved Change Orders: $ 779,288.10 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: 9/6/25 Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. : Substantial Completion: N/A Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: 9/6/2025 Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: 70 days Ready for final payment: 11/15/2025 (days) Contract Times with all approved Change Orders: Substantial Completion: 70 days Ready for final payment: 11/15/2025 (days or dates) Docusign Envelope ID: 0A32D298-A0F6-43B3-A251-ABA67E1C809E 9/26/2025 9/26/2025 460527 461 CONTRACT CHANGES ITEMIZED CONTRACT CHANGES SpecCode+ or - Quantity Amount 240 $ 13,497.60 35 -$ 7,000.00 9 $ 8,415.00 10 $ 6,600.00 3067 $ 460.05 1 $ 192.50 19 $ 522.50 1 $ 1,210.00 1 $ 550.00 1 $ 550.00 $ 24,997.65TOTAL = Bioswale 4" topsoil LS 0 1,210.00$ Tackifiers and fertilizer LS 0 550.00$ Temp Barrier Fencing LS 0 550.00$ Mulch 3" depth CY 0 192.50$ Tree Stake Kits EA 0 27.50$ Decidious 2" Cal EA 0 660.00$ Automatic Irrigation additional bubblers SF 0 0.15$ Shrubs 5 Gal EA 83 (200.00)$ Conifer 6'to 8' HT 0 935.00$ Fencing LF 0 56.24$ Project Name Story Mill Park Project Number 25-007 Owner City Of Bozeman Date Created 9-9-2025 Description Unit Previous Quantity Unit Price APPROVED CHANGE ORDERS Current Net Change Current Contract Amount Current % ChangedOriginal Contract Amount 754,290.45$ 24,997.65$ 779,288.10$ 3% 462 1-ADDITIONALPARKING ISLANDDECIDUOUS TREEEXTENT OF WORKSEXISTING DRAINAGESWALE, TYP.EXISTING SIDEWALKEXTENT OF WORKSEXISTING PARKINGLOT TREE, TYP.EXISTING TREE,TYP.PARK BOUNDARYEXISTINGBIOSWALEM-102F-102F-10220'-0"8'-0"FENCE DESIGN BUILD TO SHEETNOTE SPEC., BY OTHERSREFER TO L1.1 & L1.2 OF STORYMILLCOMMUNITY PARK CONSTRUCTION SET1/13/2025 FOR NATIVE GRASS SEEDING, TYP.SNOW STORAGEAREASNOW STORAGEAREAEXISTING ASPHALTPARKINGSHEET No:JOB No:DATE:PREPARED FOR:REV:DATE:DESCRIPTION:LANDSCAPEARCHITECTURE614 S Ferguson Ave., Ste 3Bozeman, MT 59718(406) 624-9111hello@inContour.comwww.inContour.comStorymill Park Parking Lot 75 Bridger View Drive, Bozeman, MT(406) 582-2908Bozeman, MT 59715121 N Rouse Ave.City of Bozeman Parks & Recreation2546008/28/20250102040'SCALE 1" = 20'-0"NL1.1PLANTING PLANSTA T E OFMONTANALANDSCAPEARCH ITECTLICENSE D ELISABOYD32101463 GENERAL NOTESPLANTING NOTESINSPECTIONS SCHEDULE CHECKLISTCONTRACTOR DELIVERABLE CHECKLISTSYMBOLCODEDESCRIPTIONQTYDETAILFENCEFENCE: 4' TALL SHADOW BOX PRIVACY FENCE, WESTERN RED CEDAR TOWEATHER240 LFMULCHESMULCH: ORGANIC COMPOST MULCH, 3" DEPTH127 SF1/L1.3F-102M-102SITE MATERIALS SCHEDULESYMBOLQTYBOTANICAL / COMMON NAMESIZECONTAINERNATIVE/ADAPTEDDETAILTREES1CELTIS OCCIDENTALISCOMMON HACKBERRYMATURE SIZE 60`H X 60`W2" CAL.B&BYES1/L1.39PICEA ENGELMANNIIENGELMANN SPRUCEMATURE SIZE 60`H X 25`W6`-8` HTB&BYES1/L1.39POPULUS TREMULOIDESQUAKING ASPENMATURE SIZE 40`H X 20`W2" CAL.B&BYES1/L1.3TREES TO RETAIN18EXISTING TREE SPECIES VARIESDECIDUOUS TREE TO BE RETAINED---N/AYES2/L1.3SHRUBS48SYRINGA VULGARISCOMMON LILACMATURE SIZE 12`H X 12`W5 GAL.POTNO3/L1.3PLANT SCHEDULE1.PRIOR TO PLANTING, CONTRACTOR IS RESPONSIBLE FOR CONTACTING CITY OFBOZEMAN TO SCHEDULE PRE-CONSTRUCTION MEETING AND TO OBTAIN PROPERTREE PLANTING PERMITS.2.PLANT MATERIAL SHALL CONFORM TO THE CURRENT AMERICAN STANDARD FORNURSERY STOCK, BY THE AMERICAN NURSERY AND LANDSCAPE ASSOCIATION. ALLPLANTS TO BE NURSERY GROWN.3.ALL PLANTS SHALL BE FULLY BRANCHED AND SYMMETRICAL IN HABIT, UNLESSOTHERWISE NOTED.4.ALL PLANTS TO BE SPACED AS SHOWN ON THE PLANS, UNLESS OTHERWISE NOTED.5.NO SUBSTITUTIONS ALLOWED WITHOUT PRIOR WRITTEN CONSENT FROM THELANDSCAPE ARCHITECT. ANY PLANT OR MATERIAL NOT MEETING THE REQUIREMENTSSHALL BE REJECTED, REMOVED, DISPOSED OF AND REPLACED BY AND AT THECONTRACTOR'S EXPENSE.6.PRIOR TO PLANTING, CONTRACTOR RESPONSIBLE FOR SCHEDULING PRE-PLANTINGINSPECTION OF ALL PLANT STOCK WITH LANDSCAPE ARCHITECT.7.PLANTS SHALL BE LOCATED BY THE CONTRACTOR AND LANDSCAPE ARCHITECTSHALL GIVE DIRECTION, MAKE ADJUSTMENTS, AND APPROVE LOCATION DURINGPRE-PLANTING INSPECTION.8.VERIFY ALL QUANTITIES. PLANT QUANTITIES IN THE PLANT SCHEDULE ARE FORREFERENCE ONLY. CONTRACTOR IS RESPONSIBLE TO COMPLETE THEIR OWNQUANTITY TAKE-OFFS FOR ALL PLANS AND SIZES SHOWN ON THE PLAN. IN CASE OF ADISCREPANCY THE PLANTING PLAN SHALL DICTATE QUANTITY.9.GROW BAGS MAY BE SUBSTITUTED FOR BALL AND BURLAP TREES WITHOUTAPPROVAL.10.SEED ALL DISTURBED AREAS WITH NATIVE GRASSES AS SPECIFIED, IN THE SPRING ORFALL. CONTRACTOR RESPONSIBLE TO SPRAY EMERGENT WEEDS AFTER INITIALESTABLISHMENT AND RE-SEED ALL BARE SPOTS THE NEXT GROWING SEASON.11.BACKFILL TO BE LOOSENED NATIVE SOIL UNLESS AMENDMENT IS NECESSARY ASDICTATED BY SOIL TEST.12.ALL TREES SHALL HAVE A MYCORRHIZAL FUNGI ROOT INOCULATION APPLIED TO THEROOTBALL PRIOR TO PLANTING IN A WET "SLURRY" FORM. CONTRACTOR TO PROVIDELANDSCAPE ARCHITECT WITH SELECTED INOCULATION MEDIA PRIOR TO PLANTING &FOLLOW MANUFACTURER'S RECOMMENDED APPLICATION RATE.13.ALL TILLED AREAS TO BE PLANTED OR SEEDED SHALL HAVE A GRANULARMYCORRHIZAL FUNGI INOCULATION ADDED. BROADCAST DRY IMMEDIATELY PRIORTO, OR IN THE SAME APPLICATION AS SEEDING, FOLLOWING MANUFACTURER'SRECOMMENDED APPLICATION RATE. CONTRACTOR TO PROVIDE LANDSCAPEARCHITECT WITH SELECTED INOCULATION MEDIA PRIOR TO PLANTING.14.LANDSCAPE CONTRACTOR SHALL WATER PLANTINGS UNTIL IRRIGATION SYSTEM ISFULLY FUNCTIONAL AND PROVIDE A 1-YEAR WARRANTY PERIOD AFTER INSTALLATIONAND GUARANTEE ALL PLANTINGS TO BE ALIVE AND IN SATISFACTORY HEALTH.15.TREES AND SHRUBS TO BE PROTECTED FROM DEER/ELK BROWSING WITH A MINIMUMOF A SIX FEET (6') HIGH, WELDED-WIRE FENCE FOR A MINIMUM 2-YEARESTABLISHMENT PERIOD.1.ALL CONSTRUCTION SHALL BE PERFORMED IN ACCORDANCE WITH CURRENT CITY OFBOZEMAN STANDARDS AND THE STATE OF MONTANA BUILDING AND SPECIALTYCODES.2.LANDSCAPE & IRRIGATION SELF-CERTIFICATION FORMS REQUIRED TO RECEIVE CITYOF BOZEMAN BUILDING PERMIT.3.LANDSCAPE CONTRACTOR RESPONSIBLE FOR SCHEDULING A PUNCH-LISTSUBSTANTIAL COMPLETION INSPECTION AND FINAL COMPLETION INSPECTION WITHLANDSCAPE ARCHITECT.4.INSTALL EROSION CONTROL SYSTEMS IN ACCORDANCE WITH CITY OF BOZEMANSTANDARDS PRIOR TO SITE WORK AND LANDSCAPE INSTALLATION.5.ANY MODIFICATIONS TO EXISTING, PRE-DEVELOPMENT DRAINAGE PATTERNS ARE TOBE DESIGNED BY A LICENSED ENGINEER AND APPROVED BY THE REVIEW BODY.6.MARK AND PROTECT ALL UTILITIES, SITE FEATURES, AND VEGETATION TO BERETAINED.7.PROVIDE TEMPORARY FENCING FOR BOULEVARD SEEDING UNTIL ESTABLISHED.ORANGE PLASTIC CONSTRUCTION FENCING, MINIMUM OF 3'HT, OR APPROVED EQUAL.8.CONTRACTOR TO COORDINATE WITH OWNER'S REPRESENTATIVE AND UTILITYCOMPANIES, LOCATION OF ALL UTILITIES PRIOR TO COMMENCING WORK.CONTRACTOR IS RESPONSIBLE TO REPAIR DAMAGES TO EXISTING UTILITIES,HARDSCAPES AND STRUCTURES AS A RESULT OF THE CONTRACTORS ACTIVITIES.9.PRIOR TO PLANTING, ON-SITE TOPSOIL SHALL BE TESTED FOR SOIL FERTILITY BY ACERTIFIED TESTING LAB. CSU'S SOIL, WATER AND PLANT TESTING LABORATORY ORAPPROVED EQUAL: (970) 491-5061. IF NECESSARY, TOPSOIL FOR TREE PITS, SHRUBPITS, AND GROUND COVER BEDS SHALL BE AMENDED AS RECOMMENDED BY THE SOILFERTILITY REPORT. A COPY OF SOILS REPORT AND AMENDMENT PLAN SHALL BEPROVIDED TO LANDSCAPE ARCHITECT.8.ALL SOILS COMPACTED DURING CONSTRUCTION SHALL BE TILLED TO A MINIMUMDEPTH OF SIX INCHES PRIOR TO THE PLACEMENT OF TOPSOIL.9.TOPSOIL DEPTH SHALL BE A MINIMUM OF 6" IN LAWN AREAS AND 8" IN GARDEN BEDS,AFTER GRADING.10.MATCH GRADES OF LAWNS TO CURBS, SIDEWALKS, AND TRAILS AT A 5% MAXIMUMSLOPE AND A 2% MINIMUM SLOPE. TAPER TO EXISTING GRADES.11.ALL PLANTING AREAS ADJACENT TO BUILDING SHALL SLOPE AWAY FROM THEBUILDING FOR THE FIRST 10 FEET AT A 2% MINIMUM SLOPE.12.MULCH AS SPECIFIED. MULCH ALL GARDEN BEDS AND TREE RINGS. TREE RINGS INLAWN TO HAVE ORGANIC COMPOST MULCH, UNLESS OTHERWISE INDICATED ON PLAN.AS SPECIFIED IN NOTES, CONTRACTOR IS RESPONSIBLE FOR SCHEDULING THEFOLLOWING MEETINGS. THIS CHECKLIST IS PROVIDED FOR CONTRACTORCONVENIENCEPRE-CONSTRUCTION MEETING WITH CITY OF BOZEMAN AND OBTAIN PROPERTREE PLANTING PERMITSPRE-INSTALLATION MEETING WITH CITY OF BOZEMAN WATER CONSERVATIONDIVISIONPRE-PLANTING INSPECTION WITH LANDSCAPE ARCHITECTPUNCH-LIST SUBSTANTIAL COMPLETION INSPECTION WITH LANDSCAPEARCHITECTFINAL COMPLETION INSPECTION WITH LANDSCAPE ARCHITECTAS SPECIFIED IN NOTES, CONTRACTOR IS RESPONSIBLE FOR PROVIDING THEFOLLOWING DELIVERABLES TO THE LANDSCAPE ARCHITECT. THIS CHECKLISTIS PROVIDED FOR CONTRACTOR CONVENIENCE.IRRIGATION DESIGN CHANGES, IF APPLICABLECERTIFIED SOILS REPORT AND AMENDMENT PLANIRRIGATION AS-BUILT PLANSIRRIGATION WINTERIZATION PLANSELECTED MYCORRHIZAL INOCULATION MEDIA CUT-SHEETN/ASHEET No:JOB No:DATE:PREPARED FOR:REV:DATE:DESCRIPTION:LANDSCAPEARCHITECTURE614 S Ferguson Ave., Ste 3Bozeman, MT 59718(406) 624-9111hello@inContour.comwww.inContour.comStorymill Park Parking Lot 75 Bridger View Drive, Bozeman, MT(406) 582-2908Bozeman, MT 59715121 N Rouse Ave.City of Bozeman Parks & Recreation2546008/28/2025L1.2PLANTING & SITE MATERIAL SCHEDULES, NOTESSTA T E OFMONTANALANDSCAPEARCH ITECTLICENSE D ELISABOYD32101464 SHEET No:JOB No:DATE:PREPARED FOR:REV:DATE:DESCRIPTION:LANDSCAPEARCHITECTURE614 S Ferguson Ave., Ste 3Bozeman, MT 59718(406) 624-9111hello@inContour.comwww.inContour.comStorymill Park Parking Lot 75 Bridger View Drive, Bozeman, MT(406) 582-2908Bozeman, MT 59715121 N Rouse Ave.City of Bozeman Parks & Recreation2546008/28/2025L1.3PLANTING DETAILS PRUNE TREE AS SPECIFIED TO RETAINNATURAL FORM AND TO REMOVE DEAD ORDAMAGED LIMBS OR BRANCHES.ROUND WOOD TREE STAKES AND FLATGROMMET TREE STRAPS AS SHOWN. STAKESSHALL NOT PENETRATE ROOT BALL. STAKESSHALL BE REMOVED AFTER TWO YEARSNOTES:1.TREE STAKING IS MANDATORY.2.ALL TREES TO BE PLANTED SHALL HAVE THE SAME RELATIONSHIP TO FINISH GRADE ASORIGINALLY GROWN IN THE NURSERY.3.PROVIDE A 18" MULCH RADIUS AROUND TREES IN TURF AREA. NO EDGING.4.TRUNK GUARD WRAP, INSTALL SEASONALLY SEPT - APRIL FOR DEER RUT PROTECTION.ORGANIC MULCH AS SPECIFIEDFINISH GRADEEXCAVATE SLOPING SHALLOW PITTWICE THE DIAMETER OF THE ROOTBALL. DEPTH OF PIT TO BE NO GREATERTHAN THE HEIGHT OF THE ROOT BALL.ALL WALLS TO BE FRACTURED ANDUNGLAZEDPULL MULCH 3" AWAY FROM TRUNK18"REMOVE BURLAP, WIRE BASKET, TAGS,LABELS, AND STRINGSBACKFILL AS SHOWN. PLANTING SOILMIX AS SPECIFIEDMINIMUM OF A SIX FEET (6') HIGH,WELDED-WIRE FENCE FOR A MINIMUM 2-YEARESTABLISHMENT PERIOD12"MIN.TREE IN NATIVE GRASS WITH WELDED WIRE FENCEDETAILNTS1MULTIPLE OR CLUSTERED TREESSINGLE OR SPECIMEN TREESMETAL SUPPORT POSTTREE PROTECTION FENCINGOUTSIDE LIMITS OF TREE CANOPYCRITICALROOT ZONETREE PROTECTIONFENCINGOUTSIDE LIMITS OF TREECANOPYCRITICAL ROOTZONEMETAL SUPPORTPOSTFINISHED GRADE8'-0" MAXIMUM10 3 4" MIN TREE PROTECTIONFENCINGMETAL SUPPORT POST,DRIVEN INTO UNDISTURBEDSUBGRADE OR SUPPORTEDBY CONCRETE BLOCKSNOTES:1.TREE PROTECTION SHALL BE A MINIMUM OF 6'-0", ORANGE PLASTIC AND BESECURED TO THE GROUND WITH 8'-0" METAL POSTS OR 6'-0" HIGH CHAIN LINKFENCE SUPPORTED BY CONCRETE BLOCKS.2.TREE PROTECTION FENCING SHALL BE ERECTED OUTSIDE OF THE CRITICALROOT ZONE PRIOR TO ANY CLEARING, GRADING OR OTHER CONSTRUCTIONACTIVITY. CONTRACTOR TO MAINTAIN TREE PROTECTION FENCING IN PLACEDURING CONSTRUCTION.TREE PROTECTION FENCINGDETAILNTS4' MIN2 NOTES:1.ALL SHRUBS TO BE PLANTED SHALLHAVE THE SAME RELATIONSHIP TO FINISHGRADE AS ORIGINALLY GROWN IN THENURSERY.PULL MULCH 3" AWAY FROM TRUNK.FINISHEDGRADEREMOVE ROOT CONTAINMENT MATERIALS,TAGS, LABELS, AND STRINGS.BACKFILL AS SHOWN. PLANTING SOIL MIXAS SPECIFIED. PLANTING DEPTH TO MATCHFINISH GRADE.EXCAVATE SLOPING SHALLOW PIT TWICETHE DIAMETER OF THE ROOT BALL. DEPTHOF PIT TO BE NO GREATER THAN THEHEIGHT OF THE ROOT BALL. ALL WALLS TOBE FRACTURED AND UNGLAZED.ORGANIC MULCH AND WEED BARRIERFABRIC. SEE EDGING , MULCH & FABRICDETAIL.SHRUB & GROUNDCOVER IN ORGANIC MULCHDETAILNTS3S TA T E OFMONTANALANDSCAPEARCH ITECTLICENSE D ELISABOYD32101465 2%POINT OF CONNECTIONCONNECT TO EXISTING DRIP IRRIGATION VALVES, VERIFYIN FIELD PRIOR TO INSTALLATION. REFER TO I1.1 & I1.2 OFSTORYMILL COMMUNITY PARK CONSTRUCTION SET1/13/2025. FIELD VERIFY PRESSURE & FLOW ADEQUACY.APPROXIMATE LOCATION OFEXISTING MAINLINE, TYP.APPROXIMATE LOCATIONOF EXISTING TREE ZONELATERAL LINE, TYP.EXTENT OF WORKSEXTENT OF WORKSPARK BOUNDARY1.LANDSCAPE & IRRIGATION SELF-CERTIFICATION FORMSREQUIRED TO RECEIVE CITY OF BOZEMAN BUILDING PERMIT.2.LANDSCAPE INSTALLATION SHALL INCLUDE PROVISION OF ANAUTOMATIC IRRIGATION SYSTEM TO SUSTAIN LANDSCAPEPLANTINGS, MEETING LOCAL AND STATE BUILDING CODES.3.CONTRACTOR SHALL COORDINATE PLANTING WITHIRRIGATION INSTALLATION.4.CONTRACTOR RESPONSIBLE FOR IRRIGATION LAYOUT, TO BEAPPROVED BY THE LANDSCAPE ARCHITECT PRIOR TOINSTALLATION.5.TURF AREAS TO BE IRRIGATED WITH MATCHED PRECIPITATIONROTATOR SPRINKLER HEADS, TREES AND GARDEN BEDS TOBE IRRIGATED WITH DRIP IRRIGATION AND BUBBLER SYSTEM.ALL TREES SHALL BE ON A SEPARATE DRIP ZONE FROMOTHER GARDEN BEDS. SCHEMATIC IRRIGATION PLANS AREPROVIDED AS A COURTESY TO ASSIST THE CONTRACTOR, BUTIS NOT A GUARANTEE OF SYSTEM REQUIREMENTS.6.PROVIDE AN AUTOMATIC CONTROLLER WITH RAIN/FREEZESENSOR.7.CONTROLLER TO BE MOUNTED AS INDICATED ON EXTERIORWALL.8.CONTRACTOR RESPONSIBLE FOR PROVIDING IRRIGATIONAS-BUILTS TO OWNER AT COMPLETION OF INSTALLATION.9.INSTALLED SYSTEM TO BE FULLY WINTERIZEABLE.CONTRACTOR TO PROVIDE LANDSCAPE ARCHITECT WITHWINTERIZATION PLAN.SCHEMATIC IRRIGATION NOTESSCHEMATIC FLOW TOTALSSYMBOLDESCRIPTIONQTYPRECIPPSIGPMDRIP EMITTERS - GARDEN BEDSPROVIDE DRIP IRRIGATION TO ALL SHRUBS, HUNTER HDL-06-18-CV3,067 SF0.25 in/h258SYMBOLMANUFACTURER/MODEL/DESCRIPTIONQTYPSIHUNTER PROS-06-PCNFLOOD BUBBLER, 6IN. POP-UP. MATCH EXISTING PARKING LOT TREEBUBBLERS3815SYMBOLMANUFACTURER/MODEL/DESCRIPTIONQTYIRRIGATION LATERAL LINE: POLYETHYLENE PIPE SDR-7351.8 LF25501020SCHEMATIC IRRIGATION SCHEDULEFLOW TOTALSBubbler:38DRIP EMITTERS - GARDEN BEDS:8.0Total:46.0 GPMFLOW AVAILABLE40.3 GPMBubbler:1 ValvesDRIP EMITTERS - GARDEN BEDS:1 ValvesTotal:2 ValvesSHEET No:JOB No:DATE:PREPARED FOR:REV:DATE:DESCRIPTION:LANDSCAPEARCHITECTURE614 S Ferguson Ave., Ste 3Bozeman, MT 59718(406) 624-9111hello@inContour.comwww.inContour.comStorymill Park Parking Lot 75 Bridger View Drive, Bozeman, MT(406) 582-2908Bozeman, MT 59715121 N Rouse Ave.City of Bozeman Parks & Recreation2546008/28/20250102040'SCALE 1" = 20'-0"NL2.1SCHEMATIC IRRIGATION PLAN, SCHEDULE & NOTESSTA T E OFMONTANALANDSCAPEARCH ITECTLICENSE D ELISABOYD32101466 Memorandum REPORT TO:City Commission FROM:Mayor Terry Cunningham SUBJECT:Mayoral Proclamation Proclaiming October 5th through 11th 2025 Fire Prevention Week MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Mayoral Proclamation Proclaiming Fire Prevention Week STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND: In 1925, President Calvin Coolidge proclaimed Fire Prevention Week a national observance, making it the longest-running public health observance in our country. During Fire Prevention Week, children, adults, and teachers learn how to stay safe in case of a fire. Firefighters provide lifesaving public education in an effort to drastically decrease casualties caused by fires. Fire Prevention Week is observed each year during the week of October 9th in commemoration of the Great Chicago Fire, which began on October 8, 1871, and caused devastating damage. This horrific conflagration killed more than 250 people, left 100,000 homeless, destroyed more than 17,400 structures, and burned more than 2,000 acres of land. UNRESOLVED ISSUES:none ALTERNATIVES:none FISCAL EFFECTS:none Attachments: 2025 Mayoral Proclamation - Fire Prevention Week.pdf Report compiled on: July 24, 2025 467 Fire Prevention Week 2025 Proclamation WHEREAS, the city of Bozeman is committed to ensuring the safety and security of all those living in the city of Bozeman and visiting ; and WHEREAS, fire remains a serious public safety concern both locally and nationally, and the presence of lithium-ion batteries in many household devices introduces unique fire risks; and WHEREAS, most of the electronics used in homes daily — including smartphones, tablets, laptops, power tools, e-bikes, e-scooters, and toys — are powered by lithium-ion batteries, which if misused, damaged, or improperly charged, can overheat, start a fire, or explode; and WHEREAS, the National Fire Protection Association® (NFPA®) reports an increase in battery-related fires, underscoring the need for public education on the safe use of lithium-ion batteries; and WHEREAS, residents should follow three key calls to action: Buy only listed products, charge batteries safely, and recycle them responsibly to prevent battery-related fires; and WHEREAS, lithium-ion batteries store a large amount of energy in a small space, and improper use such as overcharging, using off-brand chargers without safety certification, or exposing batteries to damage can result in fire or explosion; and WHEREAS, the proper disposal and recycling of lithium-ion batteries help prevent environmental hazards and reduce fire risks in the home and community; and WHEREAS, Bozeman first responders are dedicated to reducing the occurrence of fires through prevention, safety education, and community outreach; and WHEREAS, the 2025 Fire Prevention Week™ theme, “Charge into Fire Safety™: Lithium-Ion Batteries in Your Home,” serves to remind us of the importance of using, charging, and recycling lithium-ion batteries safely to reduce the risk of fires in homes and communities. THEREFORE, I, Terry Cunningham, Mayor, do hereby proclaim October 5–11, 2025, as Fire Prevention Week throughout the City of Bozeman. ______________________ TERRY CUNNINGHAM Mayor, City of Bozeman 468 Memorandum REPORT TO:City Commission FROM:Jim Veltkamp, Chief of Police SUBJECT:Telling the Story of the Bozeman Police Department MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:None. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND: The Bozeman Police Department recognizes it is crucial that the community be provided with timely, accurate, and consistent information regarding current events, crime information, and department information. This information can help build trust, enhance public safety, and reduce misinformation. In turn, this allows for a safer community and a stronger relationship between the department and Bozeman residents. Although varying levels of communication have taken place for many years, there is significantly more that could and should be shared, including details about evolving crime trends, the members of the department, and the services the department offers. Toward that end, City of Bozeman staff from various departments have been working closely together this year to improve the overall information content and to increase the methods by which the information is disseminated. This presentation will provide an update regarding specific steps that are being taken to help tell the community the story of the Bozeman Police Department. 469 UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:None. Report compiled on: September 23, 2025 470 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Assistant City Manager SUBJECT:Bozeman Creek Resiliency Plan Public Engagement Plan MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Bozeman Creek Resiliency Plan - Public Engagement Plan 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 City Commission approved Resolution 5626 on August 6th, 2024 adopting the Bozeman Creek Resiliency Plan as a Commission priority to increase ecological health, provide better connectivity, celebrate natural heritage, and mitigate flood hazards within urbanized sections of Bozeman Creek. This project builds on previous work such as the 2012 Bozeman Creek Enhancement Plan, the 2020 Bozeman Creek Analysis Technical Assistance Grant Report, and the 2023 Gallatin Valley Sensitive Lands Protection Plan, among other important efforts. The Bozeman Creek Resiliency Plan will provide a valuable resource in support of the following goals: Enhance flood mitigation efforts Improve water quality Increase access and connectivity to parks & trails Strengthen community connection to a vital resource The attached Community Engagement Plan describes the approach that will be followed to ensure an inclusive process. The City Commission will have an opportunity to provide input before approving a Resolution at a later date adopting the Community Engagement Plan as required by the Montana Land Use Planning Act. UNRESOLVED ISSUES:None. 471 ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:This project is funded through the FY26 adopted budget from a combination of funds including the Parks Maintenance District Fund ($50,000), the Stormwater Fund ($50,000), and the Public Works Administration Fund ($50,000) for a total of $150,000. Attachments: Community Engagement Plan - Bozeman Creek Resiliency Plan.pdf Report compiled on: September 25, 2025 472 COMMUNITY ENGAGEMENT PLAN Community Engagement is an inclusive and ongoing process that relies on the two-way exchange of information, ideas, and expertise between the public and the City of Bozeman to solve problems and make sustainable decisions. Project Overview Project Title: Bozeman Creek Resiliency Plan Project Leads: provide brief explanation of the responsibilities or task each lead will handle. • Jon Henderson, Assistant City Manager, Project Manager C.E. Purpose/Background: The City Commission approved Resolution 5626 on August 6th, 2024 adopting the Bozeman Creek Resiliency Plan as a Commission priority to increase ecological health, provide better connectivity, celebrate natural heritage, promote economic development, and mitigate flood hazards within urbanized sections of Bozeman Creek. This project builds on previous work such as the 2012 Bozeman Creek Enhancement Plan, the 2020 Bozeman Creek Analysis Technical Assistance Grant Report, and the 2023 Gallatin Valley Sensitive Lands Protection Plan, among other important efforts. The Bozeman Creek Resiliency Plan will provide a valuable resource in support of the following goals: • Enhance flood mitigation efforts • Improve water quality • Increase access and connectivity to parks & trails • Support economic development opportunities • Strengthen community connection to a vital resource Significant effort has taken place over the past two years to solicit public interest surrounding this topic, thanks to the local grassroots organization SeeBozemanCreek. The City intends to coordinate extensively with this group to further community input as a model for how local government can leverage the strength of partnerships to collaborate towards shared goals with a wide range of constituents. The City has also commissioned the 2025 Bozeman Creek Flood Mitigation and Reclamation PER as a preliminary review of flood hazards along Bozeman Creek, which will provide the foundation for flood mitigation efforts. The Bozeman Creek Resiliency Plan may be approved as part of the City’s land use plan and will be evaluated according to the Montana Land Use Planning Act as needed. Key Terms: identify and define jargon, acronyms, or other technical terms that need to be re-worded or clarified in communication and engagement with the public. • Alternatives – Potential measures that the City and/or its partners could implement to improve conditions • Bozeman Creek – Watercourse generally defined within City Limits (i.e., area of interest) • PER – Preliminary Engineering Report, focused on flood hazard mitigation 473 Key Partners: kickstart your community mapping process here. Identify who the decision maker is. Internal • City Commission (Decision maker) • City Manager Office • Communications Division • Legal Department • Engineering Division • Stormwater Division • Sustainability Division • Parks & Recreation Department • Economic Development Department • Community Development Department Advisory Boards • Urban Parks & Forestry Citizen Advisory Board • Economic Vitality Citizen Advisory Board • Sustainability Citizen Advisory Board • Historic Preservation Citizen Advisory Board • Community Development Citizen Advisory Board • Downtown Urban Renewal District • Downtown Business Improvement District External • SeeBozemanCreek • General Public • Downtown Bozeman Partnership & Business Owners • Private Landowners Along Bozeman Creek • Northeast Neighborhood Association • Bogert Park Neighborhood Association • Bozeman Creek Neighborhood Association • Inter Neighborhood Council • Development Community • Gallatin Watershed Council • Gallatin Local Water Quality District • Gallatin Conservation District • Montana Department of Transportation • Montana Department of Natural Resources and Conservation • Montana Department of Environmental Quality 474 Define Decision Making Decision making is at the core of how we plan for community engagement. Clarity on what decision will be made, who will make them, and what information will be considered throughout the process is essential. Many decisions are made throughout a given City project. Our approach calls on project teams to consider which decisions are already made, and which decisions can be made more sustainable by engaging the community. Which decisions the public will contribute to specifically must be clarified at the outset of the engagement planning process. Next, the public must be equipped with the right information and tools to contribute to a given decision. 1. At what stage(s) in the decision-making process is the public being asked to participate (see graphic)? Public engagement will occur during the “Define the problem / opportunity and decision to be made” stage, the “Establish decision criteria” stage, and the “Evaluation alternatives” stage. The public will also have opportunities to provide input during the adoption process. 2. What decision(s) needs to be made? What decisions have already been made? Decisions related to the overall scope and extent of alternatives will need to be made before final adoption. While no specific decisions have already been made, it’s important to note that State law and local codes may have significant influence on near-term recommendations, whereas findings from the plan will be used to inform opportunities for future legislation. 3. Who is the final decision maker? Does this engagement plan require formal Commission approval? The City Commission will have final decision-making authority with consideration of legal criteria, community input, staff recommendation, and Citizen Advisory Board recommendations. 475 Level of Community Engagement: Inform, Consult, Involve, Collaborate. After there is clarity on the decision and how the public will participate in the decision-making process, the level of engagement is determined. The engagement spectrum outlines different levels of engagement and helps determine how the community will contribute to the process and what the expectations are for achieving a given level of engagement. Throughout any level of engagement, one- way communications will occur to provide the community with the resources and information they need to contribute effectively. 476 Project Timeline See the example text in red below and adjust per your project, including how and when engagement efforts will occur. Include HOW you will engage groups listed in the Key Partners section. Timeline: October • Project Phase: Project introduction • Actions: Provide Special Presentation to City Commission, approve Resolution adopting Community Engagement Plan • Tools and Techniques: Community Engagement Plan, Engage Bozeman project page, social media posts, emails to community partners Timeline: November • Project Phase: Professional services solicitation • Actions: Publish Request for Proposals (RFP), select qualified consultant, approve contract • Tools and Techniques: RFP, City procurement process, Professional Services Agreement (PSA) Timeline: December • Project Phase: Scope development • Actions: Finalize scope of services with consultant, schedule community engagement • Tools and Techniques: Scope/schedule/fee, calendar invitations Timeline: January - March • Project Phase: Community engagement, literature review • Actions: Meet with the public, citizen advisory boards, and external partners to develop overall vision for the plan, review local code requirements and case studies from other communities • Tools and Techniques: Engage Bozeman, in person meetings, email and social media posts, survey(s), press release ahead of engagement push Timeline: April - June • Project Phase: Document drafting 477 • Actions: Summarize engagement and develop draft plan with concept designs, develop recommended policy and alternatives to include long-term sustainable funding strategies • Tools and Techniques: Engage Bozeman, publish draft plan for review Timeline: July - August • Project Phase: Project recommendation • Actions: Public hearings at Citizen Advisory Boards and recommendation to the City Commission • Tools and Techniques: Engage Bozeman, public notice, email and social media posts Timeline: September • Project Phase: Project approval • Actions: Public hearing at City Commission and approval of Resolution of adoption • Tools and Techniques: Engage Bozeman, public notice, email and social media posts Engagement Wrap-up 1. How will you show what you heard from members of the public and how public input has influenced the plan? Adoption presentation to the City Commission will include a summary of where public input helped shape final outcomes. 2. How will you go about evaluating the success of the engagement effort? Examples: measuring community response to engagement efforts, group meetings following engagement efforts, etc. The success of public engagement will be measured in the level of support and/or opposition to the final draft during the project approval phases. 478 Memorandum REPORT TO:City Commission FROM:Mark Bond, Community Engagement Manager, One Valley Community Foundation SUBJECT:Regional Housing Coalition WARD Policy Analysis MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Receive the Presentation from Mark Bond on the RHC WARD Policy Analysis STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Convened by One Valley Community Foundation, the Regional Housing Coalition (RHC) plays a pivotal role in driving transformative collective change in Gallatin County’s housing landscape. By uniting diverse experts and decision-makers such as government leaders, housing developers, banks, realtors, employers, and others, the RHC ignites collaboration and innovation to tackle the region’s pressing challenges of housing attainability and stability head-on. Learn more at onevalley.org/regionalhousing. A key goal of the RHC is to provide credible, objective, and data-driven public education to ensure everyone in Gallatin County has equitable access to reliable information so they can make informed decisions on public issues. The WARD Initiative is one such public issue. The RHC determined that providing information on the WARD Initiative, grounded in the experience and expertise of affordable housing practitioners in the coalition, would positively contribute to the public conversation both on WARD and on affordable housing more generally. The RHC formed a workgroup to study the WARD initiative language and to provide additional context according to the experience of local affordable housing practitioners. WARD is an initiative that connects two issues – water conservation and affordable housing production. The RHC has a wealth of ground-level experience on the latter, but less so on the former. In the interest of contextualizing any policy analysis within the experience of housing practitioners in the RHC, this workgroup made the decision to focus our analysis on the housing component of the initiative, and how the initiative may affect growth and development patterns – and housing prices – both in Bozeman and in Gallatin County. 479 UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Commission FISCAL EFFECTS:None Attachments: RHC WARD Analysis.pdf Report compiled on: September 30, 2025 480 WARD Policy Analysis | 1 WARD Policy Analysis Regional Housing Coalition WARD Workgroup EXECUTIVE SUMMARY The Water Adequacy for Residential Development (WARD) Initiative, a measure on the 2025 Bozeman Municipal Election ballot, requires developers of projects of three units or more who pay Cash-in-Lieu of Water rights, a mechanism used by 98% of new residential developments, to provide 33% of units at below market rates. This work group examined three recent below-market housing projects in Bozeman and identified the key barrier to creating new below-market housing is the capital gap – the difference between the high cost of creating a unit of housing, and the below-market price to rent or sell it to a given target population. If capital gaps are not filled – whether through government grants and tax credits or philanthropic donations – below-market housing development cannot happen. Capital gaps exist across all types of new below-market housing development and represent the single largest barrier to growing the development pipeline of below-market homes. The costs to create housing are the same for both market-rate and below-market housing production. A policy that mandates a high level of affordability without providing subsidies that make it possible will make most market-rate development in Bozeman financially unfeasible, increasing housing costs across the board and encouraging development outside of City limits, where infrastructure is less developed. There are a number of policy tools that can be considered by decision-makers and community members to directly address the capital gap and increase the pace of below-market housing production in Bozeman and Gallatin County. PROJECT ABSTRACT Convened by One Valley Community Foundation, the Regional Housing Coalition (RHC) plays a pivotal role in driving transformative collective change in Gallatin County’s housing landscape. By uniting diverse experts and decision-makers such as government leaders, housing developers, banks, realtors, employers, and others, the RHC ignites collaboration and innovation to tackle the region’s pressing challenges of housing attainability and stability head-on. Learn more at onevalley.org/regionalhousing. A key goal of the RHC is to provide credible, objective, and data-driven public education to ensure everyone in Gallatin County has equitable access to reliable information so they can make informed decisions on public issues. The WARD Initiative is one such public issue. The RHC determined that providing information on the WARD Initiative, grounded in the experience and expertise of affordable housing practitioners in the coalition, would positively contribute to the public conversation both on WARD and on affordable housing more generally. The RHC formed a workgroup to study the WARD initiative language and to provide additional context according to the experience of local affordable housing practitioners. WARD is an initiative that connects two issues – water conservation and affordable housing production. The RHC has a wealth of ground-level experience on the latter, but less so on the former. In the interest of contextualizing any policy analysis within the experience of housing practitioners in the RHC, this workgroup made the decision to focus our analysis on the housing component of the initiative, and how the initiative may affect growth and development patterns – and housing prices – both in Bozeman and in Gallatin County. 481 WARD Policy Analysis | 2 For more information on the water component of WARD, interested parties should look to the City of Bozeman’s 2023 Water Conservation Efficiency Plani and the Gallatin Conservation District’s Gallatin Water Supply Outlook Reportsii. CASH-IN-LIEU OF WATER RIGHTS Bozeman sits in a “closed basin,” which means all existing water rights have been legally allocated. For this reason, Bozeman has, for the past several decades, required new development to provide water to account for the impact on water consumption that a new development creates. A new development can meet this requirement in three ways: 1) reduce demand with water conservation systems and techniques; 2) bring existing usable water rights to the City; 3) pay Cash-in-Lieu of Water Rights (CILWR) to the City. Cash-in-Lieu payments fund City efforts to develop Bozeman’s water supply at the community level, rather than on a project-by-project basis. The Cash-in-Lieu option is generally favored by developers, as acquiring an existing water right can take several years without a guarantee of success at the end of the process. As such, 98-99% of new development in Bozeman since the 1980s has paid CILWR to the City. THE WATER ADEQUACY FOR RESIDENTIAL DEVELOPMENT INITIATIVE The Water Adequacy for Residential Development (WARD) Initiative is a ballot measure that will appear on the 2025 Bozeman Municipal Election ballot. Per the initiative’s authors, this measure aims to accelerate the production of new below-market housing by requiring developers that pay the City of Bozeman cash-in-lieu of water rights (CILWR) to price 33% of units at below-market rates (60% AMI for rental and 120% AMI for ownership). CILWR is a fee paid to the City of Bozeman by a developer when they do not have water rights committed to their project. Projects that bring their own water rights would be exempt from the below- market housing requirement. This policy would apply only to projects of three units or more. This work group reached out to authors of the WARD initiative to better understand the economic analysis that informed this policy, but the authors declined the RHC’s invitation to participate in a meeting. The initiative’s authors directed us to their websiteiii, which contains information on both the housing and water components of their proposed policy. THE COST DRIVERS OF HOUSING DEVELOPMENT WARD and the RHC share the stated goal of accelerating the production of below-market housing in Bozeman and Gallatin County. Understanding how housing gets built is necessary to understanding the impediments to this goal and how the WARD effort addresses or does not address these impediments. There are four core inputs that drive the cost of housing production: land, labor, lumber, and lending. Bozeman faces particularly high costs in the first three categories; national markets and interest rates tend to drive the latter two. All developments in our community, whether for-profit market-rate or nonprofit below-market, deal with these same costs. A market-rate project needs its projected income (via rents or sales) to be greater than its projected costs to be economically viable – i.e. profitable. If a project is not projected to be profitable, it will not happen. A below-market project developed by a nonprofit needs to break even to be economically viable. If a project is not projected to break even, it will not happen. The fundamental problem in creating new below- market housing in Bozeman is that the cost of developing a unit of housing is greater than the price that is affordable to a given target population. Housing practitioners call this difference “the capital gap.” For a below-market project, this capital gap must be bridged in order for a project to break even, and get built. 482 WARD Policy Analysis | 3 The RHC’s membership includes several market and below-market housing developers. Below-market developers include Headwaters Community Housing Trust and HRDC, both of which are represented in this workgroup. Both know from extensive experience that the capital gap is the main barrier to producing more below-market housing options. Work has been done regionallyiv and nationallyv to illustrate the nature of capital gaps. To illustrate this point, this workgroup looked at three recent projects brought to market by members and community partners. capital gaps existed across all three. In the Bridger View neighborhood, developed by workgroup member Headwaters Community Housing Trust, the capital gap to price a unit so that it was affordable to a middle-income household was in the $250,000-$350,000 range (depending on the unit size). Without philanthropic grants to bridge that gap, the project would not have been possible. Multifamily rental developments such as the Hidden Creek Apartments, currently under development by United Housing Partners and HRDC, will leverage land donated by Gallatin County to bring 182 fully affordable rental homes to Bozeman. To make this housing 100% affordable, an additional $26 million in Low Income Housing Tax Credits, $2.5 million from Gallatin County State and Local Covid Response Funds, $1.5 million in from the Federal Housing Trust Fund, $2 million in Gallatin Impact Funds through the City of Bozeman and additional sources of below market loans, bond financing and the dedicated Housing Choice Vouchers to cover the cost of the $65 million development. This work group spoke with representatives from the Bozeman Co-Housing project, a 43-unit development that includes two below-market homes priced to be affordable to middle-income households. The Co-Housing project team had hoped to include more affordable units but was unable to secure enough subsidy to dedicate more than two units (a little under 5% of the project total). The subsidy on those two units (a 2-bedroom unit and a studio) totaled $322,104. Real figures from a below-market home in the Bridger View neighborhood. $700,000 Costs to Build Who We Are Trying to Serve Investment Required -= Total Development Cost Understanding the Capital Gap 2-Bedroom Townhome, 1200 Square Feet, 1 Car Garage Construction: $580,000 Planning & Design: $80,000 Land: $40,000 Developer Profit: $0,000 $350K Purchase Price (120% AMI) $350,000 Capital Gap 483 WARD Policy Analysis | 4 This workgroup’s experience with bringing below-market housing to Bozeman has informed a number of findings that guide how we approach our work: • Capital gaps exist across project types and target incomes, whether an ownership product targeting households between 80-120% AMI, or a below-market rental project serving households under 60% AMI. • Hard subsidies (in the form of land and grants – usually both) are required to make below-market projects financially feasible. • For mixed-income projects, profits from market-rate units are not sufficient to subsidize a significant number of below-market units. The existence of capital gaps makes it difficult for this group to envision how market-rate developers providing cash-in-lieu of water rights would be able to meet a 33% affordable requirement in new housing production without the use of subsidies. Indeed, if such projects were economically feasible without subsidies, RHC nonprofit member organizations would be scaling their output of below-market housing freely and without need for incentive programs, discounted land, lower-cost lending, or any of the many mechanisms currently being deployed and sought after to make our work possible. The WARD Policy Briefvi, written by the initiative’s authors, notes that the 33% below-market threshold was selected based on the urgent need for additional below-market units; in reviewing the content the initiative’s authors provided to this workgroup, this workgroup found that the 33% affordability threshold is not based on any modeling or financial analysis of contemporary Bozeman below-market housing projects. While we share WARD’s fervent desire to see an increase in the pace of production of below- market housing, a significant body of researchvii indicates that an affordability requirement that is not finely tuned can slow overall housing production and lead to increased prices across the housing spectrumviii. LIKELY IMPACTS OF INCREASED DEVELOPMENT OUTSIDE OF BOZEMAN Without answers from the WARD authors on how market-rate developers will be able to meet affordability requirements, it is logical to project that developers who are unable to obtain their own water rights for Bozeman projects will instead look to opportunities in parts of the Valley not governed by the WARD measure. This is a noted possibility in the WARD Policy Briefvi. Areas outside of Bozeman’s city limits fall under Gallatin County’s jurisdiction. The County’s guiding plans, which are built upon extensive public input, research, and best practices, recognize that municipalities are best suited to accommodate new development. This is because municipalities have existing well- run and maintained water and sewer infrastructure, relatively short emergency response times, and are proximal to jobs and essential services. Ultimately, developing in cities as opposed to the County reduces sprawl and impacts on wildlife and sensitive lands, all of which have been identified as top priorities by our community. Unlike Bozeman, the County does not own and operate its own water and sewer infrastructure and has no influence over the expansion of such utilities. This means that development outside of a municipality must either 1) connect to an independent water and sewer district or 2) have a well and septic system installed on site. When development does occur in the County, guiding plans note that connection to a water and sewer district is preferable over construction of new wells and septic systems. This is because districts are required to periodically conduct tests and report results of both water and wastewater to ensure applicable standards are being met. Conversely, maintenance of wells and septic systems typically falls to 484 WARD Policy Analysis | 5 individual property owners or their HOA, with very little to no oversight. Septic systems have also been identified as a contributor of nitrates to our groundwater, which decreases its quality. Groundwater can also intermingle with surface water, contributing to the impairment of streams and rivers. When it comes to preserving water quality and quantity, the “gold standard” is for development to connect to a municipal system, like the City of Bozeman’s. Without this option, the remaining water and sewer opportunities available in the County are few, and where available, they are not conducive to the goal of conscientious consumption and management on a large scale. In addition to impacts on water quality and quantity, increased development pressure in the County is likely to result in accelerated sprawl and fragmentation of agricultural lands and open space, making it difficult for producers to do their work and for wildlife to pass throughix. Ultimately, a policy that makes it more difficult to develop in the City of Bozeman would likely make it more attractive to develop in the County, where infrastructure and services are not equipped to handle larger populations, and where the proliferation of new wells and septic systems can greatly impact the Gallatin Valley’s water quality and quantity, agricultural operations, and wildlife. LOCAL POLICIES TO INCREASE PRODUCTION OF NEW BELOW-MARKET HOUSING WARD’s stated goal of accelerating the development of below-market housing is commendable and shared by members of the Regional Housing Coalition and this workgroup. It is at the same time appropriate to consider supplemental or alternative policies that could accelerate below-market housing production by addressing what this work group understands to be the key limiting factor – the need for reliable and large sources of subsidy to bridge capital gaps and make new below-market projects financially possible. There are a number of options that could meet this need – some could be (and have been) actioned by local jurisdictions, others would need voter approval (similar to WARD), and others still would require statutory changes from the State Legislature in Helena. The options listed below are not specific and immediate policy proposals, but represent a number of tools that could address the need for new sources of public subsidy to create more below-market housing. Tools available to local governments • Make publicly-owned land available to below-market housing development. We are seeing this in practice today in projects like Gallatin County’s Hidden Creek development, and the City of Bozeman’s Fowler project. Both are instances in which local governments have contributed land at no cost to make projects happen. In both cases, additional subsidies are needed to make projects economically feasible, but land contributions are a very powerful way to get the ball rolling on a new below-market housing development. • Use incentive programs to get below-market units from for-profit projects. This is in practice in Bozeman through the City’s Affordable Housing Ordinance, which allows developers additional building height in exchange for a percentage of units set aside at below-market rates. This policy works because allowances like an additional story have real dollar values that act as non-cash subsidies, allowing a project to be economically feasible. • Allocate additional resources to below-market housing via local government budgeting processes. Understanding that local governments have limited revenues and many responsibilities, housing nonetheless remains a key issue for our community and warrants persistent conversations around regular budget processes. 485 WARD Policy Analysis | 6 • Connect public infrastructure investments to affordability requirements. When Big Sky voted to expand its Water/Sewer District, they dedicated a quarter of the new hook-ups to below-market projects. This has created significant opportunities for below-market housing production in Montana’s most expensive construction environment. If communities in Gallatin County vote to invest in public infrastructure, they can consider connecting such an investment to affordability requirements in market-rate projects that benefit from said infrastructure. Tools available to Bozeman and Gallatin County via Ballot Measure • Pass a levy or bond issue to create a new source of funding for below-market housing projects. Bozeman attempted to pass an affordable housing levy in 2020, and the measure failed by a small margin of less than 200 votes. Local governments could consider asking voters to reconsider a similar effort. In the last 25 years, Gallatin County voters have funded two Open Lands Preservation bonds and one Open Lands Levy totaling more than $40 million. A similar effort to fund below-market housing projects to meet our housing needs could be seriously considered by voters and policymakers. Tools available to Bozeman and Gallatin County requiring Statutory Change at the State Level • Allow communities with high tourism impacts to implement local-option sales taxes and to use revenues to fund housing. Montana resort communities have generated significant revenue from a tax on goods and services used heavily by tourists, including lodging, food and beverage, recreation, and luxury consumer goods. To date, the Legislature has not permitted Bozeman to levy such a tax, despite the heavy impact from tourism on public infrastructure and costs of living. • Allocate existing bed tax revenue to localized housing funds. Montana levies a statewide 4% tax on lodging facilities (like hotels and short term rentals). This amounted to more than $62 million in 2024, a little over $20 million of which was collected in Gallatin County alone. Carving off just a quarter of that locally collected revenue would create an annually recurring $5 million in funding for new below-market housing. • Allocate existing rental vehicle tax revenue to localized housing funds. Montana levies a statewide 4% tax on rental vehicles. 75% of this revenue goes to the state general fund. Lawmakers could consider directing a portion of this revenue to high-tourism communities like Bozeman and Gallatin County. This list is not exhaustive; the RHC will continue to research, develop, and seek out new tools to aid and accelerate the production of new below-market housing. CONCLUSIONS The key challenge in creating new below-market housing in Bozeman is the capital gap that exists between the cost to create new housing and the price at which it is affordable to a target population. Requiring a high volume of affordable units in market-rate projects without providing subsidies or incentives that make them possible will likely slow housing production in Bozeman altogether, leading to higher housing prices across the board over time as current vacancies are absorbed. Nonprofit developers of below market housing are hindered in their work by a lack of access to reliable sources of funding to bridge capital gaps and help projects come out of the ground. A number of policy tools to address this key barrier are possible and should be seriously considered by citizens and policymakers concerned with accelerating the pace of below-market housing production. 486 WARD Policy Analysis | 7 ihttps://www.bozeman.net/home/showpublisheddocument/13465/638773831096230000 iihttps://gallatincd.org/gallatin-water-supply-outlook-reports/ iiihttps://www.wardbzn.com/ ivhttps://apps.urban.org/features/cost-of-affordable-housing/?utm_medium=email&utm_source=govdelivery vhttps://shelterforce.org/2025/05/28/affordable-housing-finance-101/ vihttps://static1.squarespace.com/static/6797fc70060fdb0bc6addb84/t/67b549d9ff16281201 bf0423/1739934171489/Water+Conservation+Policy+Brief_2-4-2025+%281%29.pdf viihttps://www.mercatus.org/research/working-papers/inclusionary-zoning-and-housing-market-outcomes viiihttps://ternercenter.berkeley.edu/wp-content/uploads/2024/04/Inclusionary-Zoning-Paper-April-2024-Final.pdf ixhttps://www.gallatinmt.gov/sites/g/files/vyhlif606/f/pages/gallatingrowthpolicy_dec2024_0.pdf The City of Belgrade did not participate in the production or dissemination of this document or its contents ACKNOWLEDGEMENTS Authors Nathan Stein | Executive Director, Headwaters Community Housing Trust Lila Fleishman | Community Development Director, HRDC Ashlie Gilbert | Senior Planner, Gallatin County Regional Housing Coalition Project Lead Mark Bond | Community Engagement Manager, One Valley Community Foundation 487 Memorandum REPORT TO:City Commission FROM:Nathan Stein, Executive Director, Headwaters Community Housing Trust Betsy App, Lead Analyst, Embold Research SUBJECT:Headwaters Community Housing Trust Poll Results MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Receive the presentation from Nathan Stein and Betsy App regarding the Headwaters Housing Trust recent polling information. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:A new poll of 424 registered voters in Bozeman reveals overwhelming concern about the lack of affordable and diverse housing options in the city, with residents reporting widespread personal impacts and strong interest in solutions. The poll, conducted between September 4-8 by ChangeResearch, shows Bozeman voters support new sources of funding to create more new affordable housing, opposition outweighs support for the Bozeman Water Adequacy for Residential Development ballot initiative, and voters largely align with the current direction of the City Commission on the Unified Development Code update. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Commission FISCAL EFFECTS:none Attachments: 3. 250917 Poll Memo.pdf Bozeman _ Headwaters Community Housing Trust _ Methodology _ Sept 2025.pdf Report compiled on: September 30, 2025 488 September 16, 2025 TO: Interested Parties FROM: Betsy App, PhD, Embold Research RE: Bozeman Housing & Affordability Poll Results A new poll1 by Embold Research shows a widespread belief that there is a major shortage of affordable and available housing options in Bozeman, and many have considered moving away because of it. Bozeman voters support new sources of funding to create more new affordable housing, opposition outweighs support for the Bozeman Water Adequacy for Residential Development ballot initiative, and voters are in alignment with the current direction of the City Commission on the Unified Development Code update. Voters say there are not enough housing options in Bozeman Overwhelmingly, Bozemanites believe there are not enough housing options to meet all residents’ needs. More than two-thirds (69%) say Bozeman does not have enough options, while just one-quarter (25%) say the existing options are sufficient. This belief exists among a majority of Bozemanites across income levels. (The median household income in Bozeman is $79,903.) Middle- and working-class voters are especially likely to believe there are not enough housing options. Bozemanites are seeing and feeling the impact of the city’s shortage of affordable housing options. Three-quarters (77%) say they or someone they know have been affected: 39% say they have personally been impacted by a shortage of affordable housing options in Bozeman, and another 39% say a friend or family member has been impacted. Half (51%) say the availability of housing they can 1Polling was conducted online from September 4-8, 2025. Using Dynamic Online Sampling to attain a representative sample, Embold polled 424 registered voters in Bozeman. Post-stratification was performed on age, gender, race/ethnicity, education, region, and 2024 presidential results. You can see a full methodology statement, question text and results here. 489 afford makes it difficult for them to envision a long-term future in Bozeman, including 68% of Bozemanites under age 35. Bozeman voters support policies that that make it easier to build more new affordable homes Many voters support new policies that would make it easier to build more new affordable homes in an effort to address what they see as a major shortage of affordable housing options. Half (49%) support the general idea of creating a new source of funding to create more new affordable housing (37% oppose), and more than two-thirds (68%) support at least one of four new funding sources, with the most popular being a new local sales tax that would primarily impact tourists. On balance, more voters oppose than support the Water Adequacy for Residential Development (WARD) Initiative. Just over one-quarter (28%) of registered voters say they would vote yes if the election were held today, while 35% would vote no. The plurality is undecided. EmboldResearch.com | 2 490 Bozeman voters are largely aligned with the current direction of the City Commission on the Unified Development Code Update. On most questions related to the Unified Development Code update, voters expressed alignment with the current direction of the City Commission as of its most recent meeting (Aug 26th. 2025). Many voters want the Commission to go even further when it comes to making it easier to build more homes, though this is the minority opinion when compared to where the plurality of voters stand. ● 66% of registered voters support policies to allow and encourage restaurants, coffee shops, and pubs within walking distance of their neighborhoods. ● 52% of registered voters support allowing at least 8 homes and 3 stories per lot in areas that currently allow small apartments, as currently proposed, while 36% support allowing at least 12 homes or no limit on the number of homes with a 3-story cap. 48% oppose all versions of this policy. ● 49% of registered voters prefer allowing 3 homes per lot in all residential zones, as currently proposed, while 32% prefer allowing 4 homes per lot under certain conditions. 18% are not sure. Opinions on housing solutions differ as a function of annual household income, with those earning less than $75,000 dramatically more supportive of allowing more abundant housing options than those earning $75,000 or more. ● A plurality of voters earning less than $75,000 a year support allowing four homes per lot (43% support, 34% oppose) while the reverse is true among more higher-income households–more higher-income Bozemanites oppose than support allowing more than three (25% support, 56% oppose). ● Two-thirds (66%) of voters earning less than $75,000 say the availability of housing they can afford has made it difficult to envision a long-term future in Bozeman, while a majority (55%) of more affluent voters do not. ● 60% of voters earning less than $75,000 support giving density, height, or design flexibility bonuses for nonprofit-developed below-market housing while 56% of voters earning more than $75,000 oppose doing so. ● Though all voters see a shortage of housing options in Bozeman, a much higher share of less affluent voters do (net +64) than more affluent voters (net +38). EmboldResearch.com | 3 491 METHODOLOGY Embold Research surveyed 424 registered voters in Bozeman, MT from September 4 - 8, 2025. We used the following sources to recruit respondents: ■ targeted advertisements on Facebook and Instagram, as well as across the web via Facebook's ad platform ■ text messages sent, via the Echo19 platform, to cell phone numbers listed on the voter file for individuals who qualified for the survey’s sample universe, based on their voter file data Regardless of which source a respondent came from, they were directed to a survey hosted on Surveymonkey’s website. Ads placed on social media targeted registered voters in Bozeman, MT . Those who indicated that they lived outside of Bozeman or were not registered to vote were excluded. As the survey fielded, Embold Research used dynamic online sampling: adjusting ad budgets, lowering budgets for ads targeting groups that were overrepresented, and raising budgets for ads targeting groups that were underrepresented, so that the final sample was roughly representative of the population across different groups. The survey was conducted in English. The survey was commissioned by Headwaters Community Housing Trust and conducted online by Embold Research. Post-stratification was performed on age, gender, education, race/ethnicity, and zip code. Weighting parameters were based on the breakdowns of each group in Bozeman, obtained from the voter file; that is, if x% of adults were women, then women would be weighted to x% of the sample. The modeled margin of error* for this survey is 5.6%, which uses effective sample sizes** that adjust for the design effect of weighting. This research, like all public opinion research, does entail some additional unmeasured error. * We adopt The Pew Research Center's convention for the term "modeled margin of error"(1) (mMOE) to indicate that our surveys are not simple random samples in the pure sense, similar to any survey that has either non-response bias or for which the general population was not invited at random. A common, if imperfect, convention for reporting survey results is to use a single, survey-level mMOE based on a normal approximation. This is a poor approximation for proportion estimates close to 0 or 1. However, it is a useful communication tool in many settings and is reasonable in places where the proportion of interest is close to 50%. We report this normal approximation for our surveys assuming a proportion estimate of 50%. ** The effective sample size adjusts for the weighting applied to respondents and is calculated using Kish's approximation (2). (1) https://www.pewresearch.org/methods/2018/01/26/for-weighting-online-opt-in-samples-what-matters-most/ (2) Kish, Leslie. Survey Sampling, 1965. For more information, contact Betsy App at betsy@emboldresearch.com © 2025 Embold Research                        info@emboldresearch.com | emboldresearch.com 492 SURVEY QUESTIONS Q1. This November there will be an election for Bozeman City Commissioner and local ballot measures. Do you plan to vote in the November 2025 election? 68% Yes, definitely 18 Yes, probably 8 Maybe (50-50) 2 No, probably not 4 No, definitely not   Q2. What is closest to your annual gross household income (before taxes)? 15% Less than $50,000 22 $50,000-$74,999 12 $75,000-$94,999 11 $95,000 to $114,999 31 $115,000 or more 8 Prefer not to say   Q3. There is a citizen led initiative on the November ballot connecting water rights to housing affordability. The initiative reads as follows: The Bozeman Water Adequacy Initiative amends 38.410.130.D of the Bozeman Municipal Code to allow development to pay cash-in-lieu of water rights only if the development provides 33% or more of the dwelling units as restricted by deed for 99 years or as long as the law allows and sold at 120% or less of area median income or rented at 60% or less of area median income. This applies to all residential development of three units or more. The initiative also repeals the ability of residential development to satisfy its water adequacy requirements by implementing offsite water efficiency or conservation measures. If the election were held today, would you vote yes or no on this measure? 9% Definitely yes 19 Probably yes 14 Probably no 21 Definitely no 38 Not sure   Ballot Measure Support 28% Yes 35 No 38 Not sure   Q4. Large subsidies are often needed to create new affordable housing, but Bozeman does not have reliable sources of funding to subsidize new affordable housing. Do you support or oppose creating a new source of funding to create more new affordable housing? 28% Strongly support 21 Somewhat support 12 Somewhat oppose 26 Strongly oppose 14 Not sure 49 Total support 37 Total oppose   © 2025 Embold Research                        info@emboldresearch.com | emboldresearch.com 493 Q5. Which of the following would you support? Select all that apply. 50% A new local sales tax primarily targeting tourists (like hotels, rental cars, and restaurants) that could fund new affordable housing 43 A new requirement that homebuilders build some affordable homes when the city expands infrastructure (like water and sewer) to undeveloped properties 12 A new local sales tax that could fund new affordable housing 9 A new property tax that could fund new affordable housing 32 None of these   Q6. Generally speaking, do you think Bozeman has enough housing options to meet the needs of Bozemanites across family sizes and income levels, or not enough? 25% Enough 69 Not enough 7 Not sure   Q7. Has a shortage of affordable and available housing impacted you in recent years? A shortage of housing options can translate to bidding wars when trying to buy a home or waiting lists when applying for a rental. 39% Yes, I have personally been impacted by a shortage of affordable housing options in Bozeman 39 I have not been personally impacted by a shortage of affordable housing options in Bozeman, but a family member or friend has 23 Nobody I know has been impacted by a shortage of housing in Bozeman   Q8. Has the availability of housing you can afford made it difficult for you to envision a long-term future in Bozeman? 52% Yes, it has made it hard for me to envision a long-term future in Bozeman. 48 No, it has not made it hard for me to envision a long-term future in Bozeman. Q9. The Bozeman City Commission is considering changes to the city’s unified development code, the rules that govern what types of homes can be built, and where. The updates are needed to comply with new state laws, and may include reforms to make more home options available for sale or rent, including several changes to what types of housing are allowed to be built in neighborhoods across the city. We will now ask you questions regarding the new unified development code. A new state law requires that Bozeman allow at least 3 homes in all residential neighborhoods, in the form of a duplex and a backyard cottage. The Bozeman City Commission is considering adding additional housing options outside of the state requirement, in order to meet Bozeman’s housing needs. The City Commission has discussed allowing up to four homes per lot in all residential neighborhoods, under certain conditions. Which of the following options for this would you support, if any? 13% Allowing up to 4 homes per lot in all residential neighborhoods, without significant restrictions. 13 Allowing up to 4 homes per lot, but only if they do not collectively take up more space than a large single-family home. 6 Allowing up to 4 homes per lot, but only if an existing older home on the lot is preserved. 49 I do not support allowing up to 4 homes per lot in Bozeman’s residential neighborhoods under any circumstances. 18 Not sure   © 2025 Embold Research                        info@emboldresearch.com | emboldresearch.com 494 Q10. In regards to allowing four homes on every residential lot if the existing home on the lot is preserved, which versions of this policy would you support? Select all that apply. 45% I do not support any version of this policy 22 Adding 3 additional modest-sized homes behind and/or next to the older existing home 18 An internal conversion of the existing home (splitting one home into 4, without changing the exterior) 26 Not sure   Q11. Non-profit affordable housing providers have suggested creating greater flexibility for regulated affordable housing in Bozeman’s residential neighborhoods. Would you support any of the following affordability bonuses? Select all that apply. 52% None of the above 39 Allowing for greater flexibility in the design of the buildings than for market-rate housing 17 Allowing several additional homes on the lot over what is allowed for market-rate housing 17 Allowing the buildings on the property to be 1 or 2 floors taller than market-rate housing 15 Allowing the combined living area of all the homes on the lot to be bigger than market-rate housing   Q12. The City Commission has discussed a policy other cities have used to discourage homebuilders from redeveloping existing small homes into very large houses and instead encourage them to create more modest-sized homes. This policy would limit the size of a new single-detached house but allow multiple homes on the lot to add up to more total size. For example, this policy could allow: ● A single-detached house up to 2,500 square feet [IMAGE] ● A duplex up to 3,000 combined square feet – two 1,500 square foot homes [IMAGE] ● A triplex up to 3,500 combined square feet – three 1,167 square foot homes [IMAGE] ● A fourplex up to 4,000 combined square feet – four 1,000 square foot homes [IMAGE] Do you support or oppose Bozeman adopting this policy? 13% Strongly support 33 Somewhat support 13 Somewhat oppose 29 Strongly oppose 13 Not sure 46 Total support 41 Total oppose   Q13. The City Commission is also considering changes that would expand the number of housing options allowed in the specific parts of town that already allow small apartments. Which version of this policy would you support? 15% Allowing new residential buildings in these areas to include up to 8 homes and be up to 3 stories tall. 8 Allowing new residential buildings to include up to 12 homes and be up to 3 stories tall. 28 Allowing new residential buildings to have any number of homes inside new residential buildings so long as they comply with all safety codes and size constraints, and are not taller than 3 stories. 48 I do not support any of these options.   Q14. As the City Commission considers these changes, even if it isn’t exactly right, which of the following is closer to your view? 38% Regulating the size of new buildings is more important 34 Regulating the number of homes/units in a building is more important 28 Not sure © 2025 Embold Research                        info@emboldresearch.com | emboldresearch.com 495   Q15. Another proposal the City Commission is considering would allow small businesses like corner stores, restaurants, coffee shops, and pharmacies in most residential neighborhoods with some constraints. What types of commercials do you want within walking distance of your neighborhood? Select all that apply. 66% Restaurants, coffee shops, and pubs 43 Personal services like barbershops, beauty shops, tailors, shoe repair, tattooing, massage, laundromats, laundry and dry cleaning pickup and delivery stations, 33 Health care providers and exercise facilities like gyms 31 General services like financial establishments, postal and courier services, repair shops, laundries, and veterinary clinics 26 Retail 24 None of these, I do not want any business within walking distance of my home.   Q16. What constraints would you want on businesses in your neighborhood? Select all that apply. 64% No late-night establishments open after 10pm or so 59 No marijuana shops 58 No adults-only establishments 35 No alcohol service 15 I am fine with any of the above in my neighborhood 10 Other constraints (please specify)   D1. Are you: 51% A man 47 A woman 2 Neither of these   D2. Age 29% 18 to 34 33 35 to 49 18 50 to 64 20 65+   D3. ZIP Codes 50% 59715 50 59718   D4. What is your race? 88% White / Caucasian 7 Hispanic or Latino/a 1 Black or African American 1 Asian / Pacific Islander 1 American Indian or Alaska Native 2 Other   D5. What is the highest level of education you have completed? 8% High school diploma or less 22 Some college, but no degree 9 Associate’s degree, or two-year college degree 35 Bachelor’s degree, or four-year college degree 26 Graduate degree   © 2025 Embold Research                        info@emboldresearch.com | emboldresearch.com 496 D6. Party Identification 25% Strong Democrats 12 Weak Democrats 12 Independent lean Democrats 11 Pure independents 10 Independent lean Republicans 9 Weak Republicans 21 Strong Republicans   Party Identification 2-3-2 37% Base Democrats 33 Independents + Leaners 30 Base Republicans   Party Identification 3-1-3 49% Democrats 11 Pure independents 40 Republicans   D7. How did you vote in the 2024 election for President, or for some reason were you unable to vote? 50% Kamala Harris, the Democrat 38 Donald Trump, the Republican 4 A third party candidate 1 Not registered/Too young/Ineligible 7 Did not vote   D8. Do you own or rent the place where you live? 59% Own 37 Rent 3 Staying with friends or family © 2025 Embold Research                        info@emboldresearch.com | emboldresearch.com 497 Memorandum REPORT TO:City Commission FROM:Gracie Caldwell Associated Students of Montana State University SUBJECT:Receive Presentation on a Proposal from the Associated Students of Montana State University Related to Ex-officio Membership on City Boards MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Receive presentation on a proposal from the Associated Students of Montana State University related to ex-officio membership on City Boards. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:MSU and ASMSU Student Leaders will be presenting information regarding an effort to improve MSU student engagement within City Government. This initiative, the Student Advisory Council, would create a non-voting seat designated to a MSU student on each Super City Advisory Board. These students, who will undergo a nomination and training process, will then be able to represent student interests in different aspects of city policy. Additionally, they will be able to collaborate on cross-cutting issues to facilitate the creation of official student opinions. Because these seats are non-voting, they can be flexible for student's unique needs while not interfering with the functioning of the city advisory board. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Commission FISCAL EFFECTS:none Report compiled on: September 30, 2025 498 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney Erin George, Director of Community Development Chuck Winn, City Manager SUBJECT:A Resolution Restructuring the Community Development Board, a Resolution Authorizing Remote Participation by a Board Member to Qualify for Determining a Quorum, and Provisional Adoption of an Ordinance Repealing Divisions 4, 15, 16, 17, and 18 of Chapter 2, Article 5, BMC Related to the City Planning Board, Zoning Commission, Design Review Board, Wetlands Review Board, and Board of Adjustment MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Consider the Motion: I move to Approve the Resolution Restructuring the Community Development Board AND I move to approve the Resolution for Remote Participation AND I move to provisionally adopt the Ordinance repealing Chapter 2, Article 5, Divisions 4, 15, 16, 17, and 18 of the Bozeman Municipal Code. 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: This agenda item contains three actions: (i) a Resolution reforming the membership of the Community Development Board (CDB); (ii) a Resolution amending the Commission’s rules allowing for remote participation by board members; and (iii) an Ordinance repealing provisions of the Bozeman Municipal Code related to the planning board, zoning commission, design review board, board of adjustment, and wetlands review board. The CDB, and other boards, have had, at times, difficulty obtaining a quorum resulting in the cancelling of meetings and delaying land use applications and policy recommendations. The Resolution amending the Commission’s current rules for remote participation for board members (see Resolution 499 5421, section 12) is an aspect of addressing this issue. This proposed Resolution would change the current rule requiring a quorum of the board to be in the room and replace it with a rule allowing one remote member to count toward the quorum. See Sect. 1.12.a of proposed Remote Participation Resolution. Recognizing the need to ensure remote participation remains a lesser role in the conduct of the meeting, the proposed rule would also require a majority of the quorum to be in the meeting room and the presiding officer also be the room. This change would be applicable to all boards. This proposed Resolution does not propose adjusting the rules related to the City Commission’s remote participation. We also recommend a second approach to address the quorum issues the CDB has been facing: reduce the number of members of the CDB from nine to seven. When the CDB was first established in 2021, see Resolution 5330) nine members were established to ensure the statutory requirements for a planning board were met (seven members) along with an additional member to meet the requirements of an impact fee advisory committee (representative of the development community) and a ninth member to meet the requirements of a design review board. Due to legislative changes at the State level, the City no longer is authorized to have a design review board. As for still meeting the statutory requirements for the impact fee advisory committee, the proposal would require at least one of the citizen members to meet the statutory qualifications for the CDB to function as the City’s impact fee advisory committee. The result would take the CDB from nine to seven allowing for a quorum to be reduced from five to four. See Sect. 4.2.B of the proposed CDB Resolution. This brings the member of the CDB to the same number as other City Boards. Please note there are currently only seven appointed members so no current member will be affected. The reduction in the number of CDB members along with the ability of a remote member to count toward the quorum is anticipated to facilitate the CDB’s ability to obtain a quorum. The Resolution amending the CDB’s structure also recognizes the CDB will function as the Planning Commission when the City is under the jurisdiction of the Montana Land Use and Planning Act (MLUPA). See Sect. 4.2.C and H of the proposed CDB Resolution. The City is currently undergoing a process to adopt the MLUPA required Land Use Plan. This process is anticipated to be completed prior to the end of this year. 500 The final item (Ordinance repealing five different divisions of Chapter 2, Article 5, BMC), allows the City to rely on current statutory requirements for the planning board and zoning commission and structure the CDB and its duties pursuant to resolution. The proposed Ordinance also eliminates municipal code references to boards the City no longer has (board of adjustment, wetlands review, and design review). Upon the City’s compliance with MLUPA, the statutory requirements for a planning commission will control the operation and duties of the City’s Planning Commission along with the resolution structuring the CDB. We are not proposing any changes to the High Performing Boards resolution. UNRESOLVED ISSUES: MLUPA requires a minimum of three members for a Planning Commission. This proposal does not reduce the number of members of the CDB beyond eliminating the Design Review Board member and incorporating the statutory requirement for an Impact Fee Advisory Committee to have the CDB include a representative of the development community as a citizen member. If the Commission is interested in further reform to the CDB, we suggest doing so at a later time. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None. Attachments: Res for CDB Adjustments 9 30 25 FINAL.docx Res Adjusting Remote Paricipation for Brds 9 29 25 gs.docx Ord Repeal chtp 2 art 5 div 4 15 16 17 and 18 9 29 25 gs.docx Report compiled on: September 30, 2025 501 Resolution ______ Page 1 of 6 RESOLUTION ______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REESTABLISHING THE COMMUNITY DEVELOPMENT BOARD AND AUTHORIZING THE COMMUNITY DEVELOPMENT BOARD TO ACT AS THE CITY’S PLANNING BOARD, ZONING COMMISSION, IMPACT FEE ADVISORY COMMITTEE, AND TO FUNCTION AS THE PLANNING COMMISSION UNDER THE MONTANA LAND USE AND PLANNING ACT. WHEREAS, on August 10, 2021, the Bozeman City Commission adopted Resolution 5330 establishing the Community Development Board; and WHEREAS, the City Commission desires to amend the structure of the Community Development Board and adopts this Resolution to supersede Resolution 5330; and WHEREAS, the Community Development Board, until the City falls under the jurisdiction of the Montana Land Use and Planning Act (MLUPA), will serve as the City’s Planning Board, Zoning Commission, and Impact Fee Advisory Board, and after the City falls under the jurisdiction of MLUPA, the Community Development Board will serve as and perform the duties of the City’s Planning Commission and the Impact Fee Advisory Committee; and WHEREAS, nothing in this Resolution affects any decision made by the Community Development Board prior to the date of this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: SECTION 1: Resolution 5330 is hereby repealed and superseded by this Resolution. 502 Resolution ______ Page 2 of 6 SECTION 2: PURPOSE OF THE COMMUNITY DEVELOPMENT BOARD The Bozeman City Commission hereby reestablishes the City of Bozeman Community Development Board effective immediately. The Community Development Board will assume all duties required by law for a city planning board and city zoning commission. In addition, the Board will assume all duties required by law for an impact fee advisory committee. The purpose of the Board is to fulfill certain statutorily required duties related to growth policies, zoning, subdivision review, and impact fees. In doing so, in addition to duties required by law, the Board must cultivate policies that positively influence the direction of Bozeman’s growth and development. In addition, the Community Development Board may make advisory recommendations to the City Commission and, if requested by the City Manager to the City Manager, regarding policies that enhance the unique character of each of Bozeman’s vibrant commercial and neighborhood districts. The Community Development Board will encourage policies that: 1. Fulfill the duties required by law for a planning board, zoning commission, and impact fee advisory committee and comport with the State of Montana’s legal requirements for planning, zoning, subdivision of land, and impact fees; 2. Fulfill the duties of a Planning Commission pursuant to the Montana Land Use and Planning Act; and 3. Consider principles of sustainability and the Bozeman Climate Action Plan in its policy recommendations. SECTION 3: FOCUS AREAS OF THE COMMUNITY DEVELOPMENT BOARD The following areas of focus are hereby assigned to the Community Development Board: 1. Planning Board. The Community Development Board will act as the City’s Planning Board as provided for by Montana law and Chapter 2, Article 5, Division 4, BMC and Chapter 38, BMC. 2. Zoning Commission. The Community Development Board will act as the City’s Zoning Commission as provided for by law and Chapter 2, Article 5, Division 15, BMC and Chapter 38, BMC. 3. Impact Fee Advisory Committee. The Community Development Board will act as the City’s Impact Fee Advisory Committee as provided for by law. In doing so, the Board 503 Resolution ______ Page 3 of 6 will advise the City Commission, and as requested by the City Manager advise the City Manager, regarding the process of calculating, assessing and spending impact fees. 4. Planning Commission. Upon the City’s compliance with the Montana Land Use and Planning Act, the Community Development Board will serve as the City’s Planning Commission pursuant to Resolution 5334 and 76-25-104, MCA. SECTION 4: POWERS/DUTIES, MEMBERS/COMPOSITION, AND ORGANIZATION OF THE COMMUNITY DEVELOPMENT BOARD 1. Powers and Duties. The Community Development Board is hereby authorized to exercise the following powers and duties: A. Advise the City and perform the duties as provided for in Sections 2 and 3 of this Resolution. B. Abide by the Rules of Procedure, as set forth in a resolution to be approved by the City Commission, for the Board’s operation and conduct of business. C. The Board may have such other duties and responsibilities as the City Commission or City Manager, from time to time, may direct. D. Except where otherwise required by law, the actions of the Board are advisory only, do not constitute policy of the City, and are not binding upon the City Commission or the City Manager. The City Commission or City Manager may adopt all or any part of any recommendation of the Board. 2. Members: Appointments and Terms. A. The City Commission or Mayor will make appointments to the Community Development Board. In doing so, the City Commission (or Mayor as appropriate) will appoint individuals to the Community Development Board and must also indicate in such appointment the appointees will serve as appointees for planning board, zoning commission, and impact fee purposes. B. The Board will consist of seven members. Membership must be as follows: 1. One member to be appointed by the City Commission from its membership; 2. One member to be appointed by the City Commission, who may in the discretion of the City Commission be an employee of the city or hold public office in Bozeman or Gallatin County; 3. One member to be appointed by the Mayor, upon the designation by Gallatin County Commission; 4. Four citizen members, to be appointed by the Mayor, who possess the qualifications required by 76-1-224(1), MCA, and at least one of whom shall 504 Resolution ______ Page 4 of 6 be a representative of the development community as required by 7-6-1604, MCA, for the Board to act as the City’s Impact Fee Advisory Committee; C. A quorum will consist of a majority of all members. Upon the City’s compliance with the Montana Land Use and Planning Act, a quorum will be determined pursuant to 76- 25-104, MCA. D. Except for the Mayoral appointment of the person designated by the County Commission, Board Members may serve no more than (2) terms. E. Board Members must be at least 18 years old and be residents of the City. F. Board Members will not receive compensation for their service. Board Members are entitled to previously authorized expenses, including travel expenses, incurred during the discharge of duties. G. Board Members serve at the pleasure of the Commission and may be removed by a majority vote of the Commission for any reason. H. Upon the City’s compliance with MLUPA, the composition of the Community Development Board will consist of seven members, all to be appointed by the City Commission. One member may be a member of the City Commission, and at least one member must be a representative of the development community. Members must be residents of the City. I. Upon the City’s compliance with MLUPA, the majority of members of the Community Development Board must be qualified by knowledge and experience in matters pertaining to the development of the city. 3. Office of Agency; Staff Support. The Community Development Board will maintain its records in the office of the City department designated by the City Manager to maintain the records of the Board. The City Manager may assign one or more staff to assist the Board in its duties and functions. The City Manager may also designate one or more staff to serve as the liaison to the Board. The City Manager may authorize the assigned Staff Liaison, in consultation with the Board Chair, to develop and approve agenda items for the Board’s consideration and assist the Board in all its functions. 4. Meetings. The Community Development Board meetings must be open to the public as provided for in Montana law. Meetings must be held on a regular basis and must be in the Bozeman City Commission room unless such room is unavailable or not sufficient for the nature of the meeting. The Board must comply with and is subject to all requirements and City policies related to open meetings and public participation and engagement. 5. Ethics and High Performing Boards. All Community Development Board activities and its appointed members must comply with and are subject to State of Montana and the City Code of Ethics. In addition, the Board and its members must comply with, and are subject 505 Resolution ______ Page 5 of 6 to City policies related to the performance, behavior, and procedures of City boards, as established by the City Commission or City Manager. 6. Public Information. All written and electronic information created by the Board or its members in conducting its duties constitutes public information and is subject to disclosure and the records retention requirements pursuant to Montana law. SECTION 5: SAVINGS CLAUSE This Resolution does not affect any prior action, decision, or recommendation of the Community Development Board. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ____ day of October, 2025. ____________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN 506 Resolution ______ Page 6 of 6 City Attorney 507 Version April 2020 Resolution ____ Page 1 of 4 RESOLUTION ______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REESTABLISHING PROCEDURES AND CRITERIA FOR WHEN A CITY COMMISSIONER OR MEMBER OF A CITY BOARD, AGENCY, OR COMMITTEE MAY PARTICIPATE REMOTELY IN A PUBLIC MEETING. WHEREAS, pursuant to 2-3-103, MCA, and the Montana Constitution, the City of Bozeman must establish procedures for permitting and encouraging the public to participate in decisions of the City Commission and of the City’s boards, committees, or agencies that are of significant interest to the public; and WHEREAS, the City has adopted such procedures through Chapter 2, Article 2, Bozeman Municipal Code, among others; and WHEREAS, the City Commission adopted Resolution 5421 establishing standards related to remote participation; and WHEREAS, the Commission desires to readopt procedures to authorize members of the commission and the City’s boards, committees, and agencies to participate remotely under specific circumstances and conditions while ensuring such remote participation fulfills the City’s obligation to permit and encourage public participation; specifically, the Commission desires to adjust the requirements allowing one member of a board participating remotely to qualify for purposes of determining a quorum. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: SECTION 1: Pursuant to 2.02.110, BMC, the City Commission hereby establishes the following criteria that must be met and procedures that must be followed to authorize a commissioner or a member of a City board, agency, or committee to attend a public meeting through remote participation. 508 Version April 2020 Resolution ____ Page 2 of 4 Whenever this policy refers to a city commissioner the same criteria and procedures apply to members of City boards, agencies and committees unless a specific standard applies. 1. Remote participation may be available only upon a determination by the City Manager that the City has the technological and administrative capacity to support remote participation. 2. City commissioners are expected to attend meetings in person. 3. Remote participation means attendance by a city commissioner at any meeting of the city commission through the use of technology such as a video meeting software application. 4. Remote participation may be authorized by the presiding officer or by three commissioners not including the commissioner requesting to participate remotely. 5. Pursuant to 2.02.090, BMC, a quorum of the commission consists of three commissioners. For a commissioner to participate remotely, a quorum of the commission must be physically present in the meeting room. The presiding officer of the meeting must be physically present in the meeting room. 6. A commissioner seeking to participate in a meeting remotely must use best efforts to submit their request to the presiding officer, city manager, and city clerk at least 24 hours prior to the start of the meeting. 7. Remote participation may be authorized only under the following circumstances: a. A health condition applicable to the commissioner or a person in the commissioner’s care; b. A urgent community circumstance; or c. Business or other personal circumstances limiting the commissioner’s ability to participate in-person. 8. The Commissioner participating remotely must ensure the equipment and technology the commissioner uses meets the following: a. Each member of the commission and the public (including those in-person and attending remotely) must be able to adequately see and hear the commissioner participating remotely; b. The commissioner participating remotely must be able to adequately see and hear the other commissioners, City staff, and the public; c. The commissioner participating remotely must be able to reasonably observe all materials reviewed and discussed by the commission during the meeting; and 509 Version April 2020 Resolution ____ Page 3 of 4 d. The commissioner participating remotely must ensure they have a suitable location from which to participate and must ensure they do not communicate with others not in the meeting regarding matters on the agenda. 9. Telephonic participation is not authorized; however, a commissioner may be authorized to participate by telephone if during the meeting the video software application fails. 10. A commissioner may be authorized to participate remotely pursuant to any single request for no more than two consecutive meetings. A commissioner must submit a subsequent request to participate remotely for any additional meetings but in no case may a commissioner be authorized to participate remotely for more than four (4) meetings in any calendar year. 11. This policy does not authorize the City to conduct public meetings of the city commission or of a city board, agency or committee wherein the public’s only means of participation in the meeting is through remote methods. If a meeting is to occur limiting the public to only remote participation, such a decision may be made only upon a determination that public health or safety necessitates a fully remote meeting. For the city commission such a decision may be made by the presiding officer. For boards such a decision may be made by the city manager. 12. The commission hereby authorizes remote participation by members of city boards and agencies where the majority of members are appointed by the City. Prior to a board member participating remotely the City Manager must approve the board having access to remote participation. In addition: a. A majority of the minimum required quorum must be in person. The chair may consider one member participating remotely as counting toward the required quorum. b. Determinations of whether a board member can participate in a meeting remotely may be made only by the chair. c. The board member seeking to participate remotely must use best efforts to notify the city clerk, the chair, the commission liaison, and the staff liaison at least 24 hours prior to the start of the meeting. d. The presiding officer must be in person at the meeting. SECTION 2: SAVINGS CLAUSE This Resolution does not affect the rights and duties that matured, or proceedings that were begun before the effective date of this Resolution. 510 Version April 2020 Resolution ____ Page 4 of 4 SECTION 3: REPEALER Resolution 5421 is repealed in its entirety. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 2025. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 511 Version February 2023 Ord XXXX Page 1 of 4 ORDINANCE _____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING CHAPTER 2, ARTICLE 5, DIVISIONS 4, 15, 16, 17, AND 18 OF THE BOZEMAN MUNICIPAL CODE RELATED TO THE CITY PLANNING BOARD, CITY ZONING COMMISSION, CITY BOARD OF ADJUSTMENT, CITY WETLANDS REVIEW BOARD, AND CITY DESIGN REVIEW BOARD. WHEREAS, the City Commission adopted Resolution 5330 establishing the Community Development Board to serve the functions of the City Planning Board, City Zoning Commission, and the City’s Impact Fee Advisory Committee; and WHEREAS, the City Commission adopted Resolution 2025-___ reestablishing the duties of the Community Development Board including serving as the City Planning Board, City Zoning Commission, and the City’s Impact Fee Advisory Committee; and WHEREAS, at the time the City complies with and falls under the jurisdiction of the Montana Land Use and Planning Act (MLUPA), neither a City Planning Board or City Zoning Commission will be authorized; instead, the City must have established a Planning Commission to perform duties required of it under MLUPA; and WHEREAS, the City Commission adopted Resolution 5534 declaring the Community Development Board to be the Planning Commission under MLUPA; and WHEREAS, the City’s development review process no longer includes a Wetlands Review Board; and WHEREAS, pursuant to Montana law, the City is not authorized to implement a Design Review Board; and WHEREAS, the City has not implemented a board of adjustment since 2012 pursuant to Resolution 4419 wherein the City Commission dissolved the board of adjustment and reserved to itself the powers of a board of adjustment; and 512 Ordinance No. _____, Repealing BMC Ch. 2, Art. 5, Divisions 4, 15, 16, 17 and 18 Page 2 of 4 WHEREAS, pursuant to MLUPA, a Board of Adjustment is no longer required; and WHEREAS, the Commission determines Montana statutory requirements under MLUPA and statutes requiring the establishment of an impact fee advisory committee along with resolutions establishing the Community Development Board and the Planning Commission are sufficient to comply with state law; as such, the municipal code provisions related to the City Planning Board, Board of Adjustment, Wetlands Review Board, Design Review Board, and the Zoning Commission no longer being necessary to ensure the City’s compliance with Montana law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Chapter 2, Article 5, Division 4, entitled City Planning Board, Chapter 2, Article 5, Division 15 entitled Zoning Commission, Chapter 2, Article 5, Division 16, entitled Board of Adjustment, Chapter 2, Article 5, Division 17, entitled Wetland Review Board, and Chapter 2, Article 5, Division 18, entitled Design Review Board are repealed in their entirety and reserved. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect 513 Ordinance No. _____, Repealing BMC Ch. 2, Art. 5, Divisions 4, 15, 16, 17 and 18 Page 3 of 4 the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall be codified as provided for in Section 1. Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 514 Ordinance No. _____, Repealing BMC Ch. 2, Art. 5, Divisions 4, 15, 16, 17 and 18 Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 20__. ____________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is ______________, 20__. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 515 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk Jon Henderson, Assistant City Manager SUBJECT:Resolution to Modify Request for Information Policy and Process to Conform with HB100 MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Consider the Motion: I move to Adopt a Resolution to Modify Request for Information Policy and Process to Conform with HB100 STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:The City Commission approved Resolution 3899 on March 27, 2006, Adopting the Local Government Records Committee Retention Schedule and approved Resolution 4446 on August 26, 2013, Establishing A Fee Schedule For Copies And Research Of Public Records And Electronic Public Records And Establishing Procedures For Requesting Public Records And For Implementation And Collection Of The Fee Schedule. The 69th Legislature in 2025 passed HB 100 that has been officially enrolled and codified to modify the fees for service and requirements of local governments for requests for information. This resolution is an update in policy and practice to comply with the new statutory requirements. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Commission FISCAL EFFECTS:None Attachments: Resolution Procedure Fee and Process for Information Requests.docx Report compiled on: October 2, 2025 516 517 RESOLUTION 2025- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, SUPERSEDING RESOLUTIONS 3899 AND 4446, MODIFYING THE FEE SCHEDULE FOR COPIES AND RESEARCH OF PUBLIC INFORMATION AND/OR RECORDS, REAFFIRMING THE REQUIREMENTS OF INFORMATION TO RETAIN, ESTABLISHING PROCEDURES FOR REQUESTING PUBLIC INFORMATION AND/OR RECORDS, AND FOR IMPLEMENTATION AND COLLECTION OF THE FEE SCHEDULE. WHEREAS, under Mont. Const. Art. II, Sec. 2, the right to know is a fundamental right; and WHEREAS, consistent application of the right to know is in the public interest; and WHEREAS, access to public information is essential to participation in the activities government; and WHEREAS, inconsistency and unpredictability lead to uncertainty on the part of individuals seeking access to public information; and WHEREAS, such uncertainty may discourage people from exercising the right to know; and WHEREAS, providing consistent standards for handling public information requests setting reasonable limits on the fees charged to individuals requesting public information ensure people will know what to expect; and WHEREAS, the purpose of implementing a “public information request” policy is to: facilitate public access to City information and official records; protect individual privacy, confidentiality, business secrets, and copyrighted material; protect public records from damage or disorganization; prevent excessive interference with other essential function of the City; and develop a consistent and fair method of responding to requests for public information and records; and WHEREAS, §2-6-1003, Montana Code Annotated (MCA) states every person has a right to examine and obtain a copy of any public information of this state with certain limitations; and 518 Resolution 2025, Procedure, fee, and Process for Information Requests Page 2 of 7 WHEREAS, §2-6-1006(1)(a), MCA, states, “a person may request public information from a public agency. A public agency shall make the means of requesting public information accessible to all persons;” and WHEREAS, §2-6-1006(2), MCA, states, “[u]pon receiving a request for public information, a public agency that is not an executive branch agency shall respond in a timely manner to the requesting person by making the public information available for inspection and copying or providing the requesting person with an estimate of the time it will take to full fill the request if the information cannot be readily identified and gathered as well as any fees that may be charged;” and WHEREAS, HB 100 (69th Leg. 2025), codified in §2-6-1006(5), MCA, allows for a public agency to charge fees for making public information available for inspection and copying, for a single, specific, clearly identifiable, and readily available public record, and for information that is not a request for a single, specific, clearly identifiable, and readily available public record; and WHEREAS, HB 100 (69th Leg. 2025), codified in §2-6-1006(5), MCA, further allows for a local government to charge a filing fee and an hourly fee after the first hour of service, the actual cost to fulfill the request, the cost of providing the public information to the requester, a convenience fee as provided in §2-17-1102, MCA; and agency that denies an information request to release information or records shall provide a written explanation for the denial. WHEREAS, §2-6-1009(1), MCA, requires that a public agency that denies an information request to release information or records shall provide a written explanation for the denial; and WHEREAS, the City Commission approved Resolution 3899 on March 27, 2006, Adopting the Local Government Records Committee Retention Schedule; and WHEREAS, the City Commission approved Resolution 4446 on August 26, 2013, Establishing A Fee Schedule For Copies And Research Of Public Records And Electronic Public Records And Establishing Procedures For Requesting Public Records And For Implementation And Collection Of The Fee Schedule; and WHEREAS, the City makes reasonable accommodations for persons with disabilities in compliance with established policies and as required by law. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the following policy and procedures shall be adopted and shall be followed in responding to requests for public information and/or records and that the fee schedule listed herein is hereby 519 Resolution 2025, Procedure, fee, and Process for Information Requests Page 3 of 7 adopted and shall be applied: SECTION 1: DEFINITIONS: The following definitions apply to Sections 3, 4, and 5 of this Resolution: 1. Routine Public Records: A. Material that is prepared for the public and made available to them on a regular basis. This information is often prepared for promotional or advisory reasons and prepared for general distribution. No request form is required for these materials. B. Examples: City Charter, Ordinance, Resolutions, Minutes, City Commission Agendas, Meeting Packets, Board and Commission Agendas, Neighborhood Council Agendas, Brochures, Pamphlets, Applications, and Blank Bid Packets. C. Many of the routine public information items can be found on the City website: www.bozeman.net 2. Non-Routine Public Records: A. Material prepared in the regular course of City business (i.e. regular departmental business records) that document regular business transactions by each department but are not prepared for mass distribution. The request form must be completed. B. If a department has received a ruling from the City Attorney's Office regarding a type of record or information created and maintained by the department, the department shall continue to use that directive until notified otherwise. C. Each department will create categories for Routine and Non-Routine Public records. 3. All other definitions per §2-6-1002, MCA are hereby incorporated and adopted by this resolution. SECTION 2: REAFFIRMATION OF RETENTION SCHEDULES The City of Bozeman maintains information and records in accordance with the adopted records retention schedules adopted, approved, and updated by the Local Government Records Committee defined by §2-6-1201, et seq, MCA. SECTION 3: PROCEDURES 1. All requests for public information must be subject to this Resolution. 2. The City Clerk must develop information request forms used in processing requests for non- routine public records. 3. For all non- routine public information, the person or entity requesting such record must 520 Resolution 2025, Procedure, fee, and Process for Information Requests Page 4 of 7 complete the form and submit it to the City Clerks’ Office for distribution to the appropriate department, agency, committee, or board prior to review or copying. This form serves six functions: A. To give the City a comprehensive understanding of the specific information being requested; B. To allow the City Attorney, if necessary, to review the request pursuant to this Resolution and law; C. To facilitate making documents repeatedly requested available on the internet or to add the requested documents to a list of routine public records requests for which fees are not charged; D. To facilitate communication with the requester; E. To provide a receipt for monies collected; and F. To allow for regular data collection and reporting. 4. The City Clerk's Office must be the custodian for all completed request forms. 5. An individual or entity requesting public records, or a City department receiving a request for non-routine public information must submit the request to the City Clerks’ Office. 6. When fulfilling a request for public records the following procedures apply: A. Upon a request for a public information, the City Clerk will forward the request to the proper City department, agency, committee, or board. I. If upon review by the proper City department, agency, committee, or board it is determined that the request cannot be fulfilled as originally received, the City Clerks’ Office may request additional information from the requestor. In these instances, the timelines may vary as determined by the City Clerks’ Office. II. If a requestor fails to respond to a request for additional information, the City Clerks’ Office may close the original request due to non-responsiveness. B. The department, agency, committee, or board will process the request and forward the compiled information and completed form to the City Clerk’s Office and City Attorney’s Office for review. C. The City Attorney’s Office will review the response to determine whether the information contained in the compiled response can be released. The City Attorney must consider whether the responsive materials contain information related to a matter of individual privacy, confidential business or trade secrets, copyrighted material, proprietary financial information, important security information, or other information that would prohibit disclosure of such information to the requestor. If releasable, the City Attorney’s Office must notify the department of any adjustments or required redactions to the public information prior to their release. D. If adjustments or redactions to the information is required prior to release, the City Attorney’s Office will notify the City Clerks’ Office of the status of the fulfilled request and forward the request form with the information in releasable form to the City Clerks’ Office. E. The City Clerks’ Office will notify the requestor of the required payment due. I. Non-routine public information may not be released by the City until the requestor pays all required fees. II. Payment may be made in a form as determined by the City Clerks’ Office. III. If the requestor fails to pay within 30 calendar days, the City Clerks’ Office may close the request due to non-payment. 521 Resolution 2025, Procedure, fee, and Process for Information Requests Page 5 of 7 F. The City Clerk must track all requests for non-routine public records. 7. Once a request for information has been received, a response will be made within a reasonable amount of time. The following exceptions may apply: A. a record does not exist, or the information cannot be found; B. if a record is in use or unusual circumstances have delayed handling the request, the requester must be informed of the reason for the delay and of a reasonable time frame for response; or, C. the request is denied, and the requester will be informed of the reason for the denial. 8. Request forms must be available on the City Clerks’ page on the city website www.bozeman.net for citizens seeking non-routine public information. Physical forms can be requested directly from the City Clerks’ Office. 9. A Digital File Use Agreement may be required for requests for proprietary electronic public information requests. 10. No new document or record will be created to respond to a request. Applicable records may be made available for requester to compile their own data subject to law, including the legal restrictions regarding creation of mailing lists from public records. See Sect. 2-6-1017, MCA. 11. Any request, which does not refer to an "identifiable" public record or information, shall not be processed until the requester provides further information. The applicable City department, agency, committee, or board receiving the request must notify the requester that further information is required before the request can be processed. 12. The City must notify the requester that an hourly rate will be charged per the fee schedule before proceeding with processing the request, provide an estimate of the total fee for compiling the requested information, thereby allowing requester the right to modify or cancel the request. 13. The City makes reasonable accommodations for persons with disabilities in compliance with established policies and as required by law. 14. This Resolution does not supersede any rules of evidence or rules governing the production of information or documentation in the course of litigation. SECTION 4: FEES/CHARGES FOR PUBLIC RECORDS: 1. No fee will be charged for requests of records deemed by the City to be routine public records as defined under Section 4 of this Resolution. 2. Charges for paper copies of non-routine public information shall be charged at the rate of $0.25/page for material that can be found and copied in 60 minutes or less. Items that take over 60 minutes to locate and copy shall be charged $25 per hour, as allowed by statute. (§2-6- 1006(5), MCA.) 3. Requests that are subject to the “per hour rate” shall also be charged at the rate of $0.25/page for costs associated with copying materials. 4. Fees for published and/or documents prepared by commercial print shops will be based on an established “document charge.” 5. A City department, board, committee, or agency may establish fees for specific records contained in their departments, such as maps, plats, etc. Such fee schedule shall be approved 522 Resolution 2025, Procedure, fee, and Process for Information Requests Page 6 of 7 by the City Manager and posted in each department. For records not specific to a department, the departmental fee schedules should not conflict with the specific charges listed in this section. 6. Copies of electronically stored records provided in electronic format will be charged as follows (§2-6-1006(5), MCA): A. the City’s actual cost per unit of the electronic media used to provide the public record. For security purposes, the City will provide all blank media; B. expenses incurred by the City as a result of computer processing charges; C. expenses incurred by the City for providing on-line computer access; D. out-of-pocket expenses directly associated with the request; and E. the hourly rate as provided in Section 3.3 of this Resolution. 7. Information or records provided to other governmental agencies may be provided on a “reciprocal” basis at the discretion of the department director responsible for the information or record. 8. Payment for charges must be received before delivery of the records to the requester. A department director may make accommodations for payment by entities frequently requesting records. 9. To the extent possible, departments are encouraged to provide on the City’s external web site or on the City’s document center records citizens request most frequently. 10. The City will determine on a case-by-case basis whether an employee must be present to observe and supervise the examination of documents and whether documents can be removed from their official storage location. Where it is necessary to maintain the integrity and security of City records, a fee as determined by the hourly rate at the time of will be charged for the City’s supervision of the search and examination and copying of public records. 11. The City Manager may waive fees if the requestor demonstrates that payment of the fees required under this Resolution will result in undue hardship. SECTION 5: EXEMPTIONS: The following public records are exempt from public disclosure unless required by court order or dissemination is required pursuant specific statutory authorization: 1. Library patron records (§22-1-1103, MCA) 2. Medical records 3. Personnel Records concerning a current or former employee or applicant for employment that would disclose the individual's home address, home telephone number, social security number, marital status, payroll deductions, insurance coverage, or other privacy information. 4. Performance evaluations 5. Certain donor records including financial or physical donations where the donor requests to remain anonymous. 6. Ownership or pledge of public obligations. (§17-5-1106, MCA) 7. Criminal justice records or Municipal Court Records (§44-5-301, et seq. MCA) 8. Vehicle accident reports. (§61-7-114, MCA); 523 Resolution 2025, Procedure, fee, and Process for Information Requests Page 7 of 7 9. Insurance information (§50-63-403, MCA); 10. Information related to medical marijuana registry information (§16-12-503, MCA); and 11. Any other records held or maintained by the City made confidential by law. PASSED, ADOPTED, and APPROVED by the City Commission of the City of Bozeman, Montana, on this 7th day of October 2025. ________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 524 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Erin George, Community Development Director Greg Sullivan, City Attorney Mike Maas, City Clerk SUBJECT:Confirm Appointments and Roles to the Community Development Board MEETING DATE:October 7, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to confirm the appointments to the Community Development Board as provided for in the staff memorandum and to designate citizen member [insert name] to be a representative of the development community. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:If the Commission adopts the resolution adjusting the composition of the Community Development Board, we suggest the Commission also confirm which current member holds which position. In addition, the Resolution adjusting the Community Development Board from nine to seven members requires the Commission to ensure one of the citizen members of the Community Development Board is also appointed as a “representative of the development community” to ensure the Community Development Board meets this statutory requirement to act as the Impact Fee Advisory Committee Jennifer Madgic, City Commission member, term ending December 31, 2025 Hap Happel, Chair, term ending December 31, 2025 Ben Lloyd, County Designee, term ending January 31, 2027 Chris Egnatz, citizen member, term ending December 31, 2025 Mark Egge, citizen member, term ending December 31, 2026 Jason Delmue, citizen member, term ending December 31, 2026 Courney Johnson, citizen member, term ending December 31, 2027 UNRESOLVED ISSUES:None identified 525 ALTERNATIVES:As per the Commission FISCAL EFFECTS:none Report compiled on: September 30, 2025 526 CHANGE ORDER No. 1 DATE OF ISSUANCE 10-7-2025 EFFECTIVE DATE 10-7-2025 OWNER: City of Bozeman, MT CONTRACTOR Sime Construction, Inc. Contract: Sime Construction, Inc. for Story Mill Park Parking Lot Project: East Parking Lot OWNER's Contract No. 25-007 ENGINEER Stahly Engineering ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Incorporate landscaping changes as described in attached proposal Reason for Change Order: - Additional vegetative and fence screening of parking lot between parking spaces and nearby residential buildings and alteration to ensure viability of groundcover within bioswale. Attachments: Sime Contract Changes Cost Proposal & Landscaping Revision 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 $ 754,290.45 Net Increase (Decrease) from previous Change Orders No. to : $ 24,997.65 Contract Price prior to this Change Order: $ 754,290.45 Net increase (decrease) of this Change Order: $ 24,997.65 Contract Price with all approved Change Orders: $ 779,288.10 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: 9/6/25 Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. : Substantial Completion: N/A Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: 9/6/2025 Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: 70 days Ready for final payment: 11/15/2025 (days) Contract Times with all approved Change Orders: Substantial Completion: 70 days Ready for final payment: 11/15/2025 (days or dates) Docusign Envelope ID: 0A32D298-A0F6-43B3-A251-ABA67E1C809E 9/26/2025 9/26/2025 460527 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: Haselden Montana Constructors X X $533,476.28 AV Construction Inc.X No $410,136.40 Alex Newby Kendra Piedalue Deputy City Clerk Project Coordinator Bid Check:Delivered to Finance:Accepted By:Date: BID - I-Ho Pomeroy Peace Park 2025 These bids were opened and read before the undersigned at 3:00 pm on Monday, September 8, 2025. Docusign Envelope ID: 59272C9C-D4C3-42BA-9B27-F1E84C3DF21CDocusign Envelope ID: BB1EADFB-CA5B-4B47-A3CB-D81EDDDA5024 200528 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 1 CITY OF BOZEMAN GRANT AGREEMENT Family Promise of Gallatin Valley THIS AGREEMENT is made and entered into this 7th day of October, 2025 by and between the City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and Family Promise of Gallatin Valley, a non-profit organization located at 1603 Tschache, Bozeman, Montana 59718 as GRANTEE. WHEREAS, on October 17, 2005, the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, Family Promise of Gallatin Valley submitted a proposal to the City Commission for a grant of $120,000 for the operations of the emergency housing continuum (the “Project”/the “Services”) that would benefit from GRANTOR funding; and WHEREAS, the City Commission may make grants of money for public purposes pursuant to Sect. 7-1-4124(9), MCA; and WHEREAS, the City Commission determines the granting of funds under this Agreement is for a public purpose benefitting the community by providing emergency housing; and WHEREAS, on June 10th, 2025 the Commission appropriated $100,000 for the Services. THE PARTIES AGREE: 1. The Grant. GRANTOR will grant and release to GRANTEE a sum of up to One hundred thousand dollars ($100,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2. Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2026. 3. Use of Grant Funds. Grant funds in the amount of up to One hundred thousand dollars ($100,000) will be used by GRANTEE for the sole purpose of operations of the emergency housing continuum as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement [and must be requested for reimbursement no later than July 20th, 2026, following the expiration of this Agreement]. Eligible expenses must serve City of Bozeman residents. Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 47529 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 2 4. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2026, as needed by providing proof of expenses paid. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. b. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. c. GRANTOR will have no obligation to pay any Grant funds unless at the time of the request for payment (i) all of GRANTEE’s representations as set forth in Section 4 are true and correct, and (ii) GRANTEE is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in sole the determination of GRANTOR, GRANTOR shall have no obligation to make payment and GRANTOR’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to GRANTOR that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. GRANTOR will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to GRANTOR that the Grant funds are necessary to accomplish the financial requirements of the Emergency Housing Continuum and that the [Services] will benefit City of Bozeman citizens. 6. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to GRANTOR a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agrees to provide to GRANTOR Commission, if requested, a formal presentation that includes detail regarding use of Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 48530 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 3 Grant funds. GRANTEE agrees to develop and/or provide such other documentation as requested by GRANTOR demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE must allow GRANTOR, its auditors, and other persons authorized by GRANTOR to inspect and copy its books and records for the purpose of verifying that monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by GRANTOR. GRANTEE shall not issue any statements, releases or information for public dissemination without prior approval of GRANTOR. 7. Permits and Compliance with Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the Project. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of GRANTOR for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of GRANTOR’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent GRANTOR or otherwise bind GRANTOR in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, GRANTOR may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to GRANTOR any Grant funds already delivered to GRANTEE for the Emergency Housing Continuum. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide GRANTOR with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 49531 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 4 amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. GRANTOR’s Representative for the purpose of this Agreement shall be Melissa Hodnett, Finance Director or such other individual as GRANTOR may designate in writing. Whenever approval or authorization from or communication or submission to GRANTOR is required by this Agreement, such communication or submission must be directed to GRANTOR’s Representative and approvals or authorizations will be issued only by such Representative; provided, however, that in exigent circumstances when GRANTOR’s Representative is not available, GRANTEE may direct its communication or submission to other designated GRANTOR personnel or agents and may receive approvals or authorization from such persons. b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Christel Chvilicek, Executive Director or such other individual as GRANTEE designates in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication must be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold GRANTOR and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as GRANTOR) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by GRANTOR. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 50532 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 5 under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from GRANTOR’s performance under this Agreement, GRANTOR may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against GRANTOR or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by GRANTOR without limit and without regard to the cause therefore and which is acceptable to GRANTOR and GRANTEE shall furnish to GRANTOR an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate The GRANTOR, its officers, agents, and employees, shall be endorsed as an additional insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to GRANTOR and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 51533 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 6 GRANTOR must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by GRANTEE of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. GRANTEE represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). GRANTEE must report to GRANTOR any violations of the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within 30 days of such finding for violations occurring during the term of this Agreement. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from GRANTOR may be subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE must provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on GRANTOR’s official posting board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 52534 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 7 b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of GRANTOR, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and GRANTOR. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 53535 FY 2026 Grant Agreement – Family Promise of Gallatin Valley Page 8 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. 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. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Chuck Winn, City Manager City of Bozeman _______________________ Date: __________ Christel Chvilicek, Executive Director GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 9/11/2025 54536 FY 2026 Grant Agreement – Emergency Housing Continuum Exhibit A V 9 7 22 Exhibit A Grant Proposal Grant Project Overview: Family Promise of Gallatin Valley empowers families experiencing housing insecurities to secure a safe, affordable home, a livelihood, and the chance to build a better future for their children. The program provides an essential safety net for extremely low-income families who are experiencing homelessness in Bozeman. The funding request will support the operations of emergency housing continuum which aligns with the City of Bozeman’s Strategic Plan priority #2 and the Community Housing Action Plan. Docusign Envelope ID: C6CAF81C-0FAD-42AE-95BD-471949B24FF2 55537 FY 2026 Grant Agreement -Haven Page 1 CITY OF BOZEMAN GRANT AGREEMENT Haven Domestic Violence Intervention and Prevention Program THIS AGREEMENT is made and entered into this 7th day of October 2025 by and between the City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and Haven, a non-profit organization located at 132 Pond Row, Bozeman, Montana 59718 as GRANTEE. WHEREAS, on October 17, 2005, the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, Haven submitted a proposal to the City Commission for a grant of $70,747 for the financial support to provide crisis intervention services to survivors of domestic violence (the “Project”/the “Services”) that would benefit from GRANTOR funding; and WHEREAS, the City Commission may make grants of money for public purposes pursuant to Sect. 7-1-4124(9), MCA; and WHEREAS, the City Commission determines the granting of funds under this Agreement is for a public purpose benefitting the community by providing intervention services and transitional housing to survivors of domestic violence; and WHEREAS, on June 10th, 2025, the Commission appropriated $40,000 for crisis intervention services and transitional housing services to survivors of domestic violence. THE PARTIES AGREE: 1. The Grant. GRANTOR will grant and release to GRANTEE a sum of up to forty thousand dollars ($40,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2. Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2026. 3. Use of Grant Funds. Grant funds in the amount of up to forty thousand dollars ($40,000 will be used by GRANTEE for the sole purpose of providing crisis intervention services to domestic violence survivors as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement [and must be requested for reimbursement no later than July 20th, 2026, following the expiration of this Agreement]. Eligible expenses must serve City of Bozeman residents. Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 37538 FY 2026 Grant Agreement -Haven Page 2 4. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2026, as needed by providing proof of expenses paid. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. b. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. c. GRANTOR will have no obligation to pay any Grant funds unless at the time of the request for payment (i) all of GRANTEE’s representations as set forth in Section 4 are true and correct, and (ii) GRANTEE is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in sole the determination of GRANTOR, GRANTOR shall have no obligation to make payment and GRANTOR’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to GRANTOR that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. GRANTOR will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to GRANTOR that the Grant funds are necessary to accomplish the financial requirements of the Crisis Intervention Services to Domestic Violence Survivors and that the [Project] will benefit City of Bozeman citizens. 6. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to GRANTOR a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agrees to provide to GRANTOR Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 38539 FY 2026 Grant Agreement -Haven Page 3 Commission, if requested, a formal presentation that includes detail regarding use of Grant funds. GRANTEE agrees to develop and/or provide such other documentation as requested by GRANTOR demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE must allow the GRANTOR, its auditors, and other persons authorized by GRANTOR to inspect and copy its books and records for the purpose of verifying that monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by GRANTOR. GRANTEE shall not issue any statements, releases or information for public dissemination without prior approval of GRANTOR. 7. Permits and Compliance with Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the Project. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of GRANTOR for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of GRANTOR’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent GRANTOR or otherwise bind GRANTOR in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, GRANTOR may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to GRANTOR any Grant funds already delivered to GRANTEE for the Crisis Intervention Services. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide GRANTOR with written notice of its claim, the Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 39540 FY 2026 Grant Agreement -Haven Page 4 facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. GRANTOR’s Representative for the purpose of this Agreement shall be Melissa Hodnett, Finance Director or such other individual as GRANTOR may designate in writing. Whenever approval or authorization from or communication or submission to GRANTOR is required by this Agreement, such communication or submission must be directed to GRANTOR’s Representative and approvals or authorizations will be issued only by such Representative; provided, however, that in exigent circumstances when GRANTOR’s Representative is not available, GRANTEE may direct its communication or submission to other designated GRANTOR personnel or agents and may receive approvals or authorization from such persons. b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Erica Aytes Coyle, Executive Director or such other individual as GRANTEE designates in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication must be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, GRANTOR may direct its direction or communication to other designated GRANTEE personnel or agents. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold GRANTOR and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as GRANTOR) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by GRANTOR. Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 40541 FY 2026 Grant Agreement -Haven Page 5 Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against GRANTOR resulting from GRANTOR’s performance under this Agreement, GRANTOR may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against GRANTOR or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by GRANTOR without limit and without regard to the cause therefore and which is acceptable to GRANTOR and GRANTEE shall furnish to GRANTOR 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 GRANTOR, its officers, agents, and employees, shall be endorsed as an additional insured on a primary non-contributory basis on the Commercial General Liability policy. Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 41542 FY 2026 Grant Agreement -Haven Page 6 The insurance and required endorsements must be in a form suitable to GRANTOR and shall include no less than a thirty (30) day notice of cancellation or non-renewal. GRANTOR must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify GRANTOR within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by GRANTEE of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. In addition, GRANTEE represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). GRANTEE must report to GRANTOR any violations of the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within 30 days of such finding for violations occurring during the term of this Agreement. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from GRANTOR may be subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE must provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on the GRANTOR’s official posting board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 42543 FY 2026 Grant Agreement -Haven Page 7 minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of GRANTOR, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and GRANTOR. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of GRANTOR. Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 43544 FY 2026 Grant Agreement -Haven Page 8 19. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. 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. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Chuck Winn, City Manager City of Bozeman _______________________ Date: __________ Katie Madison, Executive Director GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 9/11/2025 44545 FY 2026 Grant Agreement -Crisis Intervention Services to Domestic Violence Survivors Exhibit A V 9 7 22 Exhibit A Grant Proposal Grant Project Overview: Haven is committed to reducing incidences and minimizing the impact of domestic violence on families and the community by providing crisis intervention services to survivors and education to the community. Haven provides services to survivors of domestic violence, sex trafficking, and stalking. Haven provides emergency shelter, counseling, legal advocacy, and prevention education. This agreement supports the City’s Strategic Plan goal 1.4 Business and Institutional Partnerships where the City and key non- profit organizations partner together to create a safe, welcoming Bozeman community. Docusign Envelope ID: 6A4B0BFF-86AE-41A0-9817-E69C0FF55955 45546 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 1 CITY OF BOZEMAN GRANT AGREEMENT HRDC IX, Bozeman THIS AGREEMENT is made and entered into this 7th day of October 2025 by and between the City of Bozeman, Montana, a self-governing municipal corporation operating pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and HRDC IX, a non-profit organization located at 32 S. Tracy Ave., Bozeman, Montana 59715 as GRANTEE. WHEREAS, on October 17, 2005, the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, HRDC IX submitted a proposal to the City Commission for a grant of $500,000 for the financial support for the Warming Center, a year-round emergency shelter (the “Project”/the “Services”) that would benefit from the City funding; and WHEREAS, the City Commission may make grants of money for public purposes pursuant to Sect. 7-1-4124(9), MCA; and WHEREAS, the City Commission determines the granting of funds under this Agreement is for a public purpose benefitting the community by providing overnight, year-round emergency shelter for unhoused men and women; and WHEREAS, on June 10th, 2025, the Commission appropriated $360,000 for the Services. THE PARTIES AGREE: 1. The Grant. The City will grant and release to GRANTEE a sum of up to Three hundred sixty thousand dollars ($360,000) from its General Fund (the “Grant”) pursuant to the payment terms in Section 4. 2. Term of Grant. This Agreement becomes effective on the date of signing and shall terminate on June 30, 2026. 3. Use of Grant Funds. Grant funds in the amount of up to Three hundred sixty thousand dollars ($360,000) will be used by GRANTEE for the sole purpose of providing year- round shelter services as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. Eligible expenses must be incurred during the term of this Agreement [and must be requested for reimbursement no later than July 20th, 2026 following the expiration of this Agreement]. Eligible expenses must serve City of Bozeman residents. Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 27547 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 2 4. Payment of Grant Funds a. GRANTEE may request the Grant funds during the fiscal year ending June 30, 2026, as needed by providing proof of expenses paid. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City’s Director of Finance. b. Modifications to the scope of work or term of this Agreement must be submitted as a written request by the GRANTEE. The City’s Director of Finance must review and approve all requests prior to the expiration of this Agreement. c. The City will have no obligation to pay any Grant funds unless at the time of the request for payment (i) all of GRANTEE’s representations as set forth in Section 4 are true and correct, and (ii) GRANTEE is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in sole the determination of the City, the City shall have no obligation to make payment and the City’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. 5. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the year-round emergency shelter Services and that the [Project] will benefit City of Bozeman citizens. 6. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agrees to provide to the City Commission, if requested, a formal presentation that includes detail regarding use of Grant funds. Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 28548 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 3 GRANTEE agrees to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE must allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. GRANTEE shall not issue any statements, releases or information for public dissemination without prior approval of the City. 7. Permits and Compliance with Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the Project. 8. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the year-round emergency shelter services. 10. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 29549 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 4 circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 11. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall be Melissa Hodnett, Finance Director or such other individual as City may designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to the City’s Representative and approvals or authorizations will be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Heather Grenier, Executive Director or such other individual as GRANTEE designates in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication must be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 30550 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 5 Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 31551 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 6 City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by GRANTEE of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. In addition, GRANTEE represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). GRANTEE must report to the City any violations of the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within 30 days of such finding for violations occurring during the term of this Agreement. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City may be subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE must provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on the City’s official posting board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 32552 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 7 handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney- client relationship between GRANTEE and the City. 15. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 33553 FY 2026 HRDC, IX Grant Agreement -Emergency Shelter Services Page 8 19. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. 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. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 24. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. _______________________ Date: __________ Chuck Winn, City Manager City of Bozeman _______________________ Date: __________ Heather Grenier, Executive Director GRANTEE Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 9/11/2025 34554 FY 2026 HRDC IX Grant Agreement -Emergency Shelter Services Exhibit A V 9 7 22 Exhibit A Grant Proposal Grant Project Overview: HRDC IX operates the Warming Center, a year-round emergency shelter for unhoused men and women. It offers an overnight stay while connecting guests to critical programs aimed at achieving self-sufficiency and making their experience of homelessness rare, brief and one-time. This collaboration between the City and HRDC IX supports the City’s Strategic Plan goal 1.4 by maintaining a key partnership with non-profit organizations that create a safe and welcoming Bozeman Community. Docusign Envelope ID: FB75FEF6-52A0-446C-AD9E-6EABE54F12FA 35555