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Home My WebLink About10-21-25 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence or Mindfulness C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent F.1 Accounts Payable Claims Review and Approval (Edwards) F.2 Authorize the Mayor to Sign a Findings of Fact and Order for the SRX II Subdivision Preliminary Plat, Application 24112 (Quasi-Judicial)(Garber) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, October 21, 2025 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. At the direction of the City Commission, anonymous public comments are not distributed to the City Commission or staff. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 1 F.3 Authorize the Mayor to Sign a Findings of Fact and Order for the Hidden Creek Subdivision Preliminary Plat, Application 24533 (Quasi-Judicial)(Garber) F.4 Authorize the City Manager to sign the Federal Fiscal Year (FFY) 2026 Section 5303 Planning Contract with the Montana Department of Transportation (MDT) for the pass-through of Federal Transit Administration (FTA) Section 5303 Funds to the Urban Transportation District (UTD)(Butts) F.5 Authorize the City Manager to Sign a Professional Services Agreement with TK Elevator for BPSC Elevator Uninterruptable Power Supplies Installation(Ziegler) F.6 Authorize the City Manager to Sign a Professional Services Agreement with K2 Ventures Inc. for FY26-FY30 Facilities Snow Removal Services(Ziegler) F.7 Authorize the City Manager to Sign a Professional Services Agreement with HDR Engineering, Inc. for the Lyman Transmission Predesign Phase Services Project(Nielsen) F.8 Authorize the City Manager to Sign Amendment 1 to Task Order 2023TE-006 with Sanbell to Provide Construction Bidding Services, and Construction Administration and Inspection Services for the West Oak Street and Ferguson Avenue Intersection Project(Lonsdale) F.9 Authorize the City Manager to Sign Amendment 2 to the Professional Services Agreement for Digital Orthoimagery and LiDAR Acquisition for the Purpose of Amending the Scope of Service(Jorgenson) F.10 A Resolution Authorizing the City of Bozeman to Donate a 2016 Ford Police Interceptor Utility Vehicle to the St. Ignatius Police Department, Montana(Swanson) F.11 A Resolution Adopting of the 2221 South 3rd Avenue Annexation, Annexing 1.048 acres for the Museum of the Rockies Property, Application 24714(Rogers) F.12 A Resolution Authorizing Change Order Number 1 to the Riverside Lift Station and Force Main Project(Gamradt) F.13 An Ordinance, Provisional Adoption, Establishing a Zoning Designation of PLI, Public Lands and Institutions District, on 1.048 Acres for the Museum of the Rockies Property Addressed as 2221 South 3rd Avenue, Application 24714(Rogers) F.14 Final 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) G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a 2 H. Special Presentation H.1 Special presentation over the Prevention Needs Assessment and the Gallatin Valley Communities That Care (GVCTC) Coalition Priorities(Hall) H.2 Receive Presentation on a Proposal from the Associated Students of Montana State University Related to Ex-officio Membership on City Boards(ASMSU) I. Action Items I.1 Provisional Adoption of an Ordinance Amending Various Sections of Chapter 22, Article 1 of the Bozeman Municipal Code Related to the Administration of the Bozeman Municipal Court(Judge Tierney) I.2 Resolution Amending the City's FY26 Annual Operating Budget to Increase Appropriations in the Parks and Trails District Fund and Increase Transfers in the Park Land Trust Fund(Jadin) J. Work Session J.1 College St 8th to 11th Renovation Work Session(Ross) K. FYI / Discussion L. Adjournment 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. Provisionally adopt the Ordinance. Approve Resolution Amending the City's FY26 Annual Operating Budget to Increase Appropriations in the Parks and Trails District Fund and Increase Transfers in the Park Land Trust Fund City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232. Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM: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 21, 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 22, 2025. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: August 21, 2024 4 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Senior Planner Brian Krueger, Development Review Manager Rebecca Harbage, Deputy Director of Community Development Erin George, Director of Community Development SUBJECT:Authorize the Mayor to Sign a Findings of Fact and Order for the SRX II Subdivision Preliminary Plat, Application 24112 (Quasi-Judicial) MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Approve and authorize the Mayor to sign the Findings of Fact and Order for the SRX II Subdivision Preliminary Plat to Subdivide 35.06 acres to create 3 buildable lots, 1 restricted development lot, and associated right of way. 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). 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. Please see the Findings of Fact for analysis of the review criteria. On October 6, 2025, the Community Development Board (CDB) acting in it's capacity as the Planning Board voted unanimously 5-0 to recommend approval of this subdivision application. No discussion was provided. A question was asked of staff regarding stormwater design and the temporary 5 stormwater facilities proposed within the restricted lot which staff answered. No public comment was received. A video of the CDB meeting may be viewed on the City’s streaming website. 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. On October 7, 2025, the City Commission voted unanimously 5-0 to approve consent agenda items H.2 – H.17. This subdivision was approved with that vote as agenda item H.9. No discussion was provided. A video of the City Commission meeting may be viewed on the City’s streaming website. No public comment was received. Before the vote, the City Manager provided a memo from staff updating the City Commission on the proceedings of the October 6, 2025 CDB meeting, and correcting an exhibit error in the staff report. An error on page 7, exhibit 2 – Future Land Use Map showed an outdated map indicating the incorrect future land use map designation for a portion of the subject property. During review of the application the applicant concurrently submitted a Growth Policy Amendment (GPA) and Zone Map Amendment (ZMA). Both applications were approved by the City Commission on August 13, 2024. Resolution 5639 was adopted on September 10, 2024 amending the future land use map to show a designation of Community Commercial Mixed Use in the southwest corner of the subject property. The City Commission was further informed that staff analysis of the adopted growth policy designation, which begins on Page 32 of the staff report, contained findings for the correct designation. The only change that needed to be made to the staff report, was to the map on page 7, exhibit 2. Further information about the GPA and ZMA applications can be found on Page 35 of the attached report. The provided exhibit showed the correct future land use map with a designation of Community Commercial Mixed Use in the southwest corner of the subject property associated with B-2M zoning, and Urban Neighborhood for the rest of the property associated with REMU zoning. This corrected exhibit has been provided as Exhibit 2, on page 7 of the attached report. 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. 6 Attachments: 24112 Findings of Fact.pdf Report compiled on: October 9, 2025 7 24112 Findings of Fact and Order for SRX II Subdivision Page 1 of 39 24112 SRX II Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting was held Monday, October 6, 2025 at 6:00 pm. City Commission meeting was 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: October 9, 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. 8 24112 Findings of Fact and Order for SRX II Subdivision Page 2 of 39 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. 9 24112 Findings of Fact and Order for SRX II Subdivision Page 3 of 39 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. 10 24112 Findings of Fact and Order for SRX II Subdivision Page 4 of 39 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. On October 6, 2025, the Community Development Board (CDB) acting in their capacity as the Planning Board voted unanimously 5-0 to recommend approval of this subdivision application. No discussion was provided. A question was asked of staff regarding stormwater design and the temporary stormwater facilities proposed within the restricted lot which staff answered. No public comment was received. A video of the CDB meeting may be viewed on the City’s streaming website. On October 7, 2025, the City Commission voted unanimously 5-0 to approve consent agenda items H.2 – H.17. This subdivision was approved with that vote as agenda item H.9. No discussion was provided. A video of the City Commission meeting may be viewed on the City’s streaming website. No public comment was received. Before the vote, the City Manager provided a memo from staff updating the City Commission on the proceedings of the October 6, 2025 CDB meeting, and correcting an exhibit error in the staff report. An error on page 7, exhibit 2 – Future Land Use Map showed an outdated map indicating the incorrect future land use map designation for a portion of the subject property. During review of the application the applicant concurrently submitted a Growth Policy Amendment (GPA) and Zone Map Amendment (ZMA). Both applications were approved by the City Commission on August 13, 2024. Resolution 5639 was adopted on September 10, 2024 amending the future land use map to show a designation of Community Commercial Mixed Use in the southwest corner of the subject property. The City Commission was further informed that staff analysis of the adopted growth policy designation, which begins on Page 32 of the staff report, contained findings for the correct designation. The only change that needed to be made to the staff report, was to the map on page 7, exhibit 2. Further information about the GPA and ZMA applications can be found on Page 35 of this report. The provided exhibit showed the correct future land use map with a designation of Community Commercial Mixed Use in the southwest corner of the subject property associated with B-2M zoning, and Urban Neighborhood for the rest of the property associated with REMU zoning. This corrected exhibit has been provided as Exhibit 2, on page 7 of this report. 11 24112 Findings of Fact and Order for SRX II Subdivision Page 5 of 39 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. 12 24112 Findings of Fact and Order for SRX II Subdivision Page 6 of 39 TABLE OF CONTENTS EXECUTIVE SUMMARY .........................................................................................................1 Unresolved Issues. ...........................................................................................................1 Project Summary .............................................................................................................2 Alternatives .....................................................................................................................5 SECTION 1 – MAP SERIES ......................................................................................................7 SECTION 2 – REQUESTED VARIANCES ............................................................................. 14 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ......................................... 14 SECTION 4 – CODE REQUIREMENTS ................................................................................. 14 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ........................................... 20 SECTION 6 – STAFF ANALYSIS and findings ....................................................................... 21 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 21 Documentation of compliance with adopted standards 38.220.060 ................................. 26 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 31 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 33 APPENDIX B – DETAILED PROJECT DESCRIPTION ......................................................... 38 APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................ 38 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................ 38 FISCAL EFFECTS ................................................................................................................... 39 ATTACHMENTS ..................................................................................................................... 39 13 24112 Findings of Fact and Order for SRX II Subdivision Page 7 of 39 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 14 24112 Findings of Fact and Order for SRX II Subdivision Page 8 of 39 Exhibit 2 – Future Land Use Map - CORRECTED 15 24112 Findings of Fact and Order for SRX II Subdivision Page 9 of 39 Exhibit 3 – Phase 1 Preliminary Plat (see all sheets in file) 16 24112 Findings of Fact and Order for SRX II Subdivision Page 10 of 39 Exhibit 4 – Phasing Exhibit – Phase 1 (see all sheets in file) 17 24112 Findings of Fact and Order for SRX II Subdivision Page 11 of 39 Exhibit 5 – Landscaping Plan West 18 24112 Findings of Fact and Order for SRX II Subdivision Page 12 of 39 Exhibit 6 – Landscaping Plan East 19 24112 Findings of Fact and Order for SRX II Subdivision Page 13 of 39 Exhibit 7 – Land Use Plan 20 24112 Findings of Fact and Order for SRX II Subdivision Page 14 of 39 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 21 24112 Findings of Fact and Order for SRX II Subdivision Page 15 of 39 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 22 24112 Findings of Fact and Order for SRX II Subdivision Page 16 of 39 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 23 24112 Findings of Fact and Order for SRX II Subdivision Page 17 of 39 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. 24 24112 Findings of Fact and Order for SRX II Subdivision Page 18 of 39 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 25 24112 Findings of Fact and Order for SRX II Subdivision Page 19 of 39 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. 26 24112 Findings of Fact and Order for SRX II Subdivision Page 20 of 39 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. On October 6, 2025, the Community Development Board (CDB) voted unanimously 5-0 to recommend approval of this subdivision application. No discussion was provided. A question was asked of staff regarding stormwater design and the temporary stormwater facilities proposed within the restricted lot which staff answered. No public comment was received. A video of the CDB meeting may be viewed on the City’s streaming website. On October 7, 2025, the City Commission voted unanimously 5-0 to approve consent agenda items H.2 – H.17. This subdivision was approved with that vote as agenda item H.9. No discussion was provided. A video of the City Commission meeting may be viewed on the City’s streaming website. No public comment was received. 27 24112 Findings of Fact and Order for SRX II Subdivision Page 21 of 39 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. 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. 28 24112 Findings of Fact and Order for SRX II Subdivision Page 22 of 39 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. 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 and City Commission. On October 6, 2025, the Community Development Board (CDB) voted unanimously 5-0 to recommend approval of this subdivision application. No discussion was provided. A question was asked of staff regarding stormwater design and the temporary stormwater facilities proposed within the restricted lot which staff answered. No public comment was received. A video of the CDB meeting may be viewed on the City’s streaming website. On October 7, 2025, the City Commission voted unanimously 5-0 to approve consent agenda items H.2 – H.17. This subdivision was approved with that vote as agenda item H.9. No discussion was provided. A video of the City Commission meeting may be viewed on the City’s streaming website. No public comment was received. Before the vote, the City Manager provided a memo from staff updating the City Commission on the proceedings of the October 6, 2025 CDB meeting, and correcting an exhibit error in the staff report. 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 29 24112 Findings of Fact and Order for SRX II Subdivision Page 23 of 39 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 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 30 24112 Findings of Fact and Order for SRX II Subdivision Page 24 of 39 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 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 31 24112 Findings of Fact and Order for SRX II Subdivision Page 25 of 39 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 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. 32 24112 Findings of Fact and Order for SRX II Subdivision Page 26 of 39 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. 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. 33 24112 Findings of Fact and Order for SRX II Subdivision Page 27 of 39 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 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 34 24112 Findings of Fact and Order for SRX II Subdivision Page 28 of 39 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, 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, 35 24112 Findings of Fact and Order for SRX II Subdivision Page 29 of 39 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. 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 36 24112 Findings of Fact and Order for SRX II Subdivision Page 30 of 39 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. 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. 37 24112 Findings of Fact and Order for SRX II Subdivision Page 31 of 39 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 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. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public meeting on October 7, 2025 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of 38 24112 Findings of Fact and Order for SRX II Subdivision Page 32 of 39 approval, and summarized the public comment submitted to the City prior to the public meeting in the provided staff report. D. The City Commission requested public comment at the public meeting on October 7, 2025 and no public comment was received. E. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. F. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. G. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-616, MCA. The preliminary approval of this minor subdivision shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2025 BOZEMAN CITY COMMISSION _________________________________ TERENCE CUNNINGHAM 39 24112 Findings of Fact and Order for SRX II Subdivision Page 33 of 39 Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 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; 40 24112 Findings of Fact and Order for SRX II Subdivision Page 34 of 39 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 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; 41 24112 Findings of Fact and Order for SRX II Subdivision Page 35 of 39 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 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) 42 24112 Findings of Fact and Order for SRX II Subdivision Page 36 of 39 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 43 24112 Findings of Fact and Order for SRX II Subdivision Page 37 of 39 modes of travel. Density and individual uses will be evaluated at the time of development against the REMU zoning requirements. 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. 44 24112 Findings of Fact and Order for SRX II Subdivision Page 38 of 39 N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. 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 45 24112 Findings of Fact and Order for SRX II Subdivision Page 39 of 39 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 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 46 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:Authorize the Mayor to Sign a Findings of Fact and Order for the Hidden Creek Subdivision Preliminary Plat, Application 24533 (Quasi-Judicial) MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Approve and authorize the Mayor to sign the Findings of Fact and Order for the Hidden Creek Subdivision Preliminary Plat to Subdivide 9.82 acres to create 4 lots and associated right of way. 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). 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. Please see the Findings of Fact for analysis of the review criteria. 47 On October 6, 2025, the Community Development Board (CDB) meeting, board members acting in their capacity as the Planning Board voted 4-1 to recommend approval of this subdivision application. No discussion was provided. Questions were asked of staff and the applicant regarding the Traffic Impact Study. No public comment was received. A video of the meeting may be viewed on the City’s streaming website. 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 35 working days from sufficiency or by October 15, 2025. On October 7, 2025, the City Commission voted unanimously 5-0 to approve consent agenda items H.2 – H.17. This subdivision was approved with that vote as agenda item H.8. No discussion was provided. A video of the City Commission meeting may be viewed on the City’s streaming website. No public comment was received. Before the vote, the City Manager provided a memo from staff updating the City Commission on the proceedings of the October 6, 2025 CDB meeting. 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 FOF.pdf Report compiled on: October 9, 2025 48 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 1 of 37 24533 Hidden Creek Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting was held - Monday, October 6, 2025 at 6:00 pm. City Commission meeting was 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: October 9, 2025 Staff Contact: Danielle Garber, Senior Planner Cody Flammond, Project Engineer Agenda Item Type: Consent (Quasi-judicial) 49 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 2 of 37 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 50 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 3 of 37 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 51 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 4 of 37 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. On October 6, 2025, the Community Development Board (CDB) meeting, board members acting in their capacity as the Planning Board voted 4-1 to recommend approval of this subdivision application. No discussion was provided. Questions were asked of staff and the applicant regarding the Traffic Impact Study. No public comment was received. A video of the meeting may be viewed on the City’s streaming website. 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. On October 7, 2025, the City Commission voted unanimously 5-0 to approve consent agenda items H.2 – H.17. This subdivision was approved with that vote as agenda item H.8. No discussion was provided. A video of the City Commission meeting may be viewed on the City’s streaming website. No public comment was received. Before the vote, the City Manager provided a memo from staff updating the City Commission on the proceedings of the October 6, 2025 CDB meeting. 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 52 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 5 of 37 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. 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 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 32 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 34 APPENDIX B – DETAILED PROJECT DESCRIPTION ......................................................... 36 APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................ 36 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................ 36 FISCAL EFFECTS ................................................................................................................... 36 ATTACHMENTS ..................................................................................................................... 37 53 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 6 of 37 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 54 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 7 of 37 Exhibit 2 – Future Land Use Map 55 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 8 of 37 Exhibit 3 – Preliminary Plat (see full plat in file) 56 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 9 of 37 Exhibit 4 – Phasing Exhibit – North Lots 57 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 10 of 37 Exhibit 5 – Roadway and Pedestrian Path Exhibit 58 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 11 of 37 Exhibit 6 – Oak Park Drive Exhibit – North 59 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 12 of 37 Exhibit 7 – Oak Park Drive Exhibit – South 60 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 13 of 37 Exhibit 8 – Oak Park Drive Section 61 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 14 of 37 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 62 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 15 of 37 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. 63 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 16 of 37 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 64 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 17 of 37 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 65 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 18 of 37 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. 66 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 19 of 37 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. 67 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 20 of 37 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 68 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 21 of 37 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 69 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 22 of 37 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. On October 6, 2025, the Community Development Board (CDB) meeting, board members acting in their capacity as the Planning Board voted 4-1 to recommend approval of this subdivision application. No discussion was provided. Questions were asked of staff and the applicant regarding the Traffic Impact Study. No public comment was received. A video of the meeting may be viewed on the City’s streaming website. On October 7, 2025, the City Commission voted unanimously 5-0 to approve consent agenda items H.2 – H.17. This subdivision was approved with that vote as agenda item H.8. No discussion was provided. A video of the City Commission meeting may be viewed on the City’s streaming website. No public comment was received. Before the vote, the City Manager provided a memo from staff updating the City Commission on the proceedings of the October 6, 2025 CDB meeting. 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 70 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 23 of 37 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 and City Commission public meetings 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. On October 6, 2025, the Community Development Board (CDB) meeting, board members acting in their capacity as the Planning Board voted 4-1 to recommend approval of this subdivision application. No discussion was provided. Questions were asked of staff and the applicant regarding the Traffic Impact Study. No public comment was received. A video of the meeting may be viewed on the City’s streaming website. 71 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 24 of 37 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. On October 7, 2025, the City Commission voted unanimously 5-0 to approve consent agenda items H.2 – H.17. This subdivision was approved with that vote as agenda item H.8. No discussion was provided. A video of the City Commission meeting may be viewed on the City’s streaming website. No public comment was received. Before the vote, the City Manager provided a memo from staff updating the City Commission on the proceedings of the October 6, 2025 CDB meeting. 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 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. 72 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 25 of 37 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. 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 73 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 26 of 37 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. 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 74 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 27 of 37 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 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 75 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 28 of 37 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 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. 76 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 29 of 37 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. 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 77 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 30 of 37 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 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. 78 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 31 of 37 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. 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. 79 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 32 of 37 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. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public meeting on October 7, 2025 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, and summarized the public comment submitted to the City prior to the public meeting in the provided staff report. D. The City Commission requested public comment at the public meeting on October 7, 2025 and no public comment was received. E. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section 80 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 33 of 37 Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. F. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. G. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-616, MCA. The preliminary approval of this minor subdivision shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2025 BOZEMAN CITY COMMISSION _________________________________ TERENCE CUNNINGHAM Mayor 81 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 34 of 37 ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 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: 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. 82 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 35 of 37 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 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 83 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 36 of 37 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 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. 84 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 37 of 37 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 85 Memorandum REPORT TO:City Commission FROM:Jeff Butts, MPO Manager SUBJECT:Authorize the City Manager to sign the Federal Fiscal Year (FFY) 2026 Section 5303 Planning Contract with the Montana Department of Transportation (MDT) for the pass-through of Federal Transit Administration (FTA) Section 5303 Funds to the Urban Transportation District (UTD) MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign the Federal Fiscal Year (FFY) 2026 Section 5303 Planning Contract with the Montana Department of Transportation (MDT) for the pass-through of Federal Transit Administration (FTA) Section 5303 Funds to the Urban Transportation District (UTD). STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The City of Bozeman serves as the host agency for the Gallatin Valley Metropolitan Planning Organization (MPO), which leads regional transportation planning and programs federal transportation funds within the Metropolitan Planning Area – encompassing the City of Bozeman, the City of Belgrade, and portions of Gallatin County, including Four Corners. In this role, the City administers and subawards federal transit planning funds under 49 U.S.C. § 5303 to the Urban Transportation District (UTD). Section 5303 metropolitan planning funds are apportioned to states and allocated to MPOs and their partners to support the cooperative, continuous, and comprehensive (“3-C”) planning process, including preparation of long range transportation plans and transportation improvement programs. These funds will be passed through to UTD for these purposes. The subaward is funded through Federal Transit Administration (FTA) grant awards, updated annually, and conforms to applicable FTA and MPO requirements. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None. 86 Attachments: FFY2026_SECTION_5303_PLANNING_CONTRACT.pdf Report compiled on: September 26, 2025 87 1 Agency Name (SUB-RECIPIENT) City of Bozeman Agency Address P.O. Box 1230 Bozeman MT 59771-1230 Agency Liaison Jeff Butts UEI Number EEAPKALAEM35 Contract Number 114067 MDT Liaison Mitch Buthod Performance Period 09/30/2026 Total Eligible Project Cost $121,381 1. PROJECT This Contract is entered into by and between City of Bozeman, and the Montana Department of Transportation (MDT, Department, or State), to provide assistance to the SUB-RECIPIENT to evaluate, select and monitor technical study projects and transportation planning projects proposed by local metropolitan planning organizations or public bodies and agencies. The State having been appropriated grant monies from the Federal Transit Administration (FTA) of $649,966 for Federal Fiscal Year (FFY) 2026 through 49 USC § 5303 (Section 5303) and desiring to assist SUB-RECIPIENT with a subaward, enters into this Contract with SUB- RECIPIENT. This subaward will be funded through the FTA grant awards to the State, Federal Award Identification Numbers (FAIN) MT-2026-XXX-00 for the use of the FFY 2026 funding. This executed FTA 5303 Planning Grant award is incorporated by reference into this contract. The federal grant award date is October 01, 2025. The actual subaward is contingent upon the availability of FTA funding and grant award. This Agreement is effective during Federal Fiscal Year 2026 (October 1, 2025 - September 30, 2026), for approved expenses incurred during Federal Fiscal Year 2026. This Agreement shall terminate on September 30, 2026, or upon earlier completion of all terms and conditions of this agreement. The SUB-RECIPIENT shall undertake and complete the Project as described in the SUB- RECIPIENT’s Unified Planning Work Program (UPWP), Attachment B, in accordance with Section 5303 requirements and guidance. The SUB-RECIPIENT shall use its best efforts to complete the Project efficiently and economically. The total eligible costs of the Project shall be $121,381. The cost of the Project shall be shared as follows: 80 Percent Federal $ 97,105 20 Percent Local Match $ 24,276 Total Project Cost $121,381 SUB-RECIPIENT agrees to provide local matching funds to assure payment of project costs. SUB-RECIPIENT shall provide these funds when necessary to meet project costs. SUB- RECIPIENT will not refund or reduce its share of the Project cost unless there is a corresponding proportional grant amount refund to the State. State will make grant payments to SUB- RECIPIENT based upon the State’s receipt and approval of reports and invoices submitted by SUB-RECIPIENT. STATE OF MONTANA Department of Transportation SECTION 5303 PLANNING CONTRACT 88 2 The final report is due within 30 days after the end of the Federal Fiscal Year. If reports are not received within this time period, SUB-RECIPIENT agrees payment may be forfeited for that quarter, unless MDT has provided SUB-RECIPIENT with prior written approval for the delay. SUB-RECIPIENT shall advise the State in writing of Project progress at such times and in such manner as the State and FTA may require, but not less than on a quarterly basis. SUB-RECIPIENT agrees to seek and obtain federal assistance only for eligible costs of the Project as set forth in 2 CFR Part 200 Subpart E and the FTA Master Agreement. The State will make grant payments to SUB-RECIPIENT based upon the State’s approval of reports and invoices properly submitted by the SUB-RECIPIENT. The State must give prior written approval for SUB-RECIPIENT to use any Section 5303 funds to attend courses, workshops, conferences and similar activities. Reimbursement for both in-state and out-of-state travel will be at rates prescribed in Mont. Code Ann 2-18-501, et seq. SUB-RECIPIENT shall submit to the State for prior approval any changes in a work element resulting in a cost increase or decrease over 10%. SUB-RECIPIENT shall indicate the task and amount of the overrun or underrun. SUB-RECIPIENT shall notify the State through quarterly reports of any changes in work elements resulting in a cost increase or decrease of 10% or less. However, the federal share of the overall Section 5303 budget will not be exceeded. The State must authorize any transfer of funds between or among UPWP tasks within the approved budget. SUB-RECIPIENT shall indicate from which tasks federal funding will be transferred to offset the task over expended. 2. FEDERAL AWARD IDENTIFICATION SECTION 2.1. SUB-RECIPIENT Name. [City of Bozeman] SECTION 2.2. SUB-RECIPIENT’S Unique Entity ID (UEI). [EEAPKALAEM35] SECTION 2.3. Federal Award Identification Number (FAIN). [MT-2026-0XX-00] SECTION 2.4. Federal Award Date (see the definition of Federal award date in 2 CFR § 200.1) of award to the Recipient by the Federal Agency. [10/01/2025] SECTION 2.5. Subaward Period of Performance Start and End Date. The Subaward Period of Performance is from October 1, 2025 - September 30, 2026. SECTION 2.6. Subaward Budget Period Start and End Date. The Subaward Budget Period is from October 1, 2025 - September 30, 2026. SECTION 2.7. Amount of Federal Funds Obligated by this action by the pass-through entity to SUB-RECIPIENT. [$97.105] SECTION 2.8.Total Amount of Federal Funds Obligated to SUB-RECIPIENT by the pass- through entity including the current financial obligation. [$97,105] SECTION 2.9. Total Amount of the Federal Award committed to SUB-RECIPIENT by the pass-through entity. [$97,105] 89 3 SECTION 2.10. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA). Provide operating assistance as described in SUB-RECIPIENT’S Unified Planning Work Program. SECTION 2.11. Name of Federal awarding agency, Pass-Through entity, and contact information for awarding official of the Pass-Through entity. The FTA is the awarding agency. MDT is the Pass-Through entity. Statewide and Urban Supervisor, is the liaison for the Pass-through entity. SECTION 2.12. Assistance Listings number and Title; the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement. [$636,815] has been made available under assistance listing number CFDA #20.505, Metropolitan Transportation Planning and State and Non-Metropolitan Planning and Research. SECTION 2.13. Identification of whether the award is research and development (R&D). This Agreement does not involve research or development. SECTION 2.14. Indirect cost rate for the Federal award (including if the application of the de minimis rate per 2 CFR 200.414 Indirect Costs (F & A) costs). If SUB- RECIPIENT claims a negotiated Indirect Cost (IDC) rate for reimbursement, the IDC rate must be in accordance with the CFR cited below. A copy of the IDC approval letter from the SUB-RECIPIENT’S federal cognizant agency must be submitted to MDT and approved prior to any reimbursement. If MDT is SUB-RECIPIENT’S primary source of federal funds, then a copy of SUB- RECIPIENT’S indirect cost plan must be submitted to MDT for review and approval. The percentage rate for indirect costs shall be maintained for the life of the project. SUB-RECIPIENT may elect to use the de minimis rate of 10% provided SUB-RECIPIENT meets the requirements set forth in 200.414(f). 2 CFR Part 200.332(a)(4), 200.414 and Appendices III-VIII and Appendix IX to Part 200, 48 CFR Part 31 - Commercial Organization and NPO's FAR. 3. General Terms and Conditions Have the attached Section 5303 Planning General Terms and Conditions (Rev. 09/2025) of this agreement been modified? Yes ☐ No ☒ The referenced Section 5303 Planning General Terms and Conditions (Rev. 09/2025), including Attachments A, B and C, are attached to this Agreement, and are incorporated into and made an integral part of this Agreement. 90 4 SUB-RECIPIENT warrants that it has the lawful authority to enter into this Agreement, and that it has taken all actions and complied with all procedures necessary to execute the authority lawfully in entering into this Agreement, and that the undersigned signatory for SUB-RECIPIENT has been lawfully delegated the authority to sign this Agreement on behalf of SUB-RECIPIENT. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. STATE OF MONTANA DEPARTMENT OF TRANSPORTATION CITY OF BOZEMAN By: _____________________________ By: ____________________________ Doug McBroom Operations Manager Printed Name: Chuck Winn _____ MDT-Statewide Planning & Modal Operations Title: City Manager _______ _ ____ Dated: ____________________ Dated: ____ ____________ Copy: MDT Office of Civil Rights (DocuSign Notification) 91 1 Rev. 09/2025 – For FFY26 Use Only General Terms and Conditions SECTION 5303 PLANNING ARTICLE 1. TERMS AND CONDITIONS SECTION 1.1 State Program Requirements. SUB-RECIPIENT will comply with all MDT Program requirements related to this Contract including, but not limited to, the Montana State Transit Management Plan (located on MDT's website MDT Montana Transit State Management Plan), the MDT Rail, Transit and Planning Division Title VI Plan, MDT’s Language Assistance Plan, the MDT Disadvantaged Business Enterprises (DBE) Program, and the Information Technology Services Architecture Plan. SUB-RECIPIENT further agrees to flow down these requirements to Third Party Participants at all tiers for the Project and related activities. SECTION 1.2 Default. Nonperformance by SUB-RECIPIENT with any obligation imposed by this Contract, including, but not limited to, noncompliance with federal requirements and guidance, State requirements, or reduction of local project cost funding, will constitute default. SECTION 1.3 Termination. This Contract may be terminated by MDT by serving a notice of termination on SUB-RECIPIENT. Termination may occur for either convenience or default. If termination is for convenience, the notice shall give SUB-RECIPIENT thirty days to wind down its activities under this Contract. If termination occurs due to default, the notice shall state the nature of SUB-RECIPIENT’S default and offer SUB- RECIPIENT an opportunity to explain its nonperformance. If the State finds SUB- RECIPIENT has a reasonable excuse for nonperformance, which is beyond the control of SUB-RECIPIENT, the State may set up a new work schedule and allow the completion of this Contract. Notwithstanding the foregoing, violations of Article 2, Sections 2.3 through 2.7 will result in a default that is subject to immediate disqualification, suspension, or termination of the Contract for cause without the provision of any notice period. In any termination, the State will make its contractual payments proportionate to the work properly performed in accordance with this Contract prior to the date of termination. SUB-RECIPIENT shall account for any Project property in its possession. SECTION 1.4 Litigation. Controversy arising from this Contract may result in litigation. Arbitration is not available. This Contract shall be governed by Montana law. SECTION 1.5 Venue. In the event of litigation concerning this Contract, venue shall be in the First Judicial District of the State of Montana, Lewis and Clark County. SECTION 1.6 Contract Modification. Any change in this Contract will only be by written agreement of the Parties. SECTION 1.7 Assignment and Subcontracting. SUB-RECIPIENT shall not assign any portion of the work to be performed under this Contract, or execute any contract, amendment or change order thereto, or obligate SUB-RECIPIENT in any manner to any Third Party Participant with respect to SUB-RECIPIENT’S rights and responsibilities under this Contract, without the prior written concurrence of MDT. 92 2 SECTION 1.8 Subcontracts and Subagreements. SUB-RECIPIENT shall include in all subcontracts and subagreements entered into with Third Party Participants pursuant to this Contract a copy of this Contract, and the subcontract or subagreement will make the provisions of this Contract a specific part of the subcontract or subagreement. In addition, SUB- RECIPIENT and all Third Party Participants shall include the following provisions in any advertisement or invitation to bid for any procurement under this Contract: Sections 1.9 to 2.25 of this Contract. SUB-RECIPIENT is required to report to MDT the Unique Entity ID (UEI) number for any subcontract or subagreement. SECTION 1.9 Statement of Financial Assistance. This Contract is subject to a financial assistance contract between MDT, the United States Department of Transportation (U.S. DOT), and the FTA. SECTION 1.10 Indemnification. SUB-RECIPIENT shall protect, indemnify, defend, and hold harmless the State of Montana, MDT, its elected and appointed officials, agents, and employees, while acting within their duties as such, from and against all claims, demands, liabilities, causes of action, and judgments (including costs and attorney fees) arising in favor of or asserted by SUB-RECIPIENT’S employees or third parties on account of damage to property, bodily or personal injury, death, or other damage to persons or entities arising or resulting from acts or omissions of SUB-RECIPIENT, its agents, subcontractors, or other Third Party Participants, under or related to this Contract. SECTION 1.11Access and Retention of Records. SUB-RECIPIENT agrees to provide the State, Legislative Auditor or their authorized agents access to any records necessary to determine compliance with this Contract. SUB-RECIPIENT agrees to create and retain records supporting this Contract for a period of three years after the completion date of this Contract or the conclusion of any claim, litigation or exception relating to this Contract taken by the State or a third party. SUB-RECIPIENT further agrees to comply with applicable federal record access and retention requirements and guidance for the Project and related activities and to flow down those requirements to Third Party Participants at all tiers. SECTION 1.12 Notice. All notices arising from the provisions of this Contract shall be in writing and given to the parties at the addresses listed above, either by regular mail or delivery in person.. SECTION 1.13 Agency Assistance. No assistance, other than provided for by this Contract, will be required, but may be provided at the discretion of the State. SECTION 1.14 Severability and Integration. If any part, or parts, of this Contract are determined to be void, the remaining parts will remain valid and operative. This document, together with its schedules, attachments, exhibits, and other documents incorporated by reference, represent the complete and entire understanding of the parties on its subject matter. No provision, express or implied, arising from any prior oral or written request, bid, inquiry, negotiation, contract, or any other form of communication, shall be a provision of this Contract unless it is reduced to writing, signed by the parties, and attached to this document. SECTION 1.15 Waivers. A party's failure to enforce any provision of this Contract shall not be construed as a waiver excusing the other party's future performance. 93 3 ARTICLE 2. FEDERAL REQUIREMENTS SECTION 2.1 Applicability of Federal Requirements and Guidance. SUB-RECIPIENT agrees to comply with the provisions of the Underlying Agreement between the FTA and State as well as all applicable federal requirements and guidance governing the Project and related activities as those terms and other terms in this Contract are defined in the current FTA Master Agreement MA(30) (FTA Master Agreement) located at the FTA website: FTA Master Agreement (version 33, April 25, 2025) | FTA SUB-RECIPENT further assures the compliance of its Third Party Participants at all tiers for all such requirements and agrees to flow down the requirements to Third Party Participants at all tiers, for the Project and related activities. SUB-RECIPIENT understands this Contract includes certain requirements specifically prescribed by Federal law or regulation and does not list all Federal requirements and guidance that may apply to SUB-RECIPIENT, Third Party Participants, or the Project and related activities. The clauses in this Contract have been streamlined to highlight the most prevalent requirements that govern this award, however additional Federal laws, regulations and directives contained in the FTA Master Agreement and FTA Certifications and Assurances (https://www.transit.dot.gov/sites/fta.dot.gov/files/2023- 01/FY23-certifications.pdFY2024 Annual List of Certifications and Assurances for FTA Grants and Cooperative Agreements | FTA will also apply to SUB-RECIPIENT and Third Party Participants for the Project and related activities. SUB-RECIPIENT‘S signature upon this document acknowledges they have read and understand the FTA Master Agreement and FTA Certifications and Assurances, which are herein incorporated by reference and made a part of this Contract. The SUB-RECIPIENT further agrees to fully comply with all State requests necessary for the State to meet its obligations to the FTA for the Project and related activities as set forth in the Underlying Agreement between the FTA and State and applicable federal requirements and guidance. SECTION 2.2 Prohibited Interest. No employee, officer, board member or agent of SUB-RECIPIENT shall participate in the selection, award, or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (1) The employee, officer, board member or agent; (2) Any member of his or her immediate family; (3) His or her partner; or (4) An organization which employs or is about to employ any of the above; has a financial or other interest in the firm selected for award. SUB-RECIPIENT’S employees, officers, board members or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of sub-contracts. SUB-RECIPIENT shall establish and maintain written Standards of Conduct covering conflicts of interest as set forth in the FTA Master Agreement. SECTION 2.3 Ineligible Bidders. Bidders or Suppliers whose names appear on the United States Comptroller General's List of Ineligible Contractors located at https://www.sam.gov/SAM/ are not eligible for award of, or participation in, any Third Party contract that may be awarded as a result of this Contract. Submission of a bid by any bidder constitutes certification that the bidder or any subcontractor or suppliers to the bidder, on the proposed contract, if one is awarded, are not on the Comptroller General's List of Ineligible Contractors. A subsequent determination by FTA that a bidder knowingly made any misstatement of fact in this regard will be cause for immediate disqualification, suspension, or termination of the Contract for cause. 94 4 SECTION 2.4 False or Fraudulent Statements or Claims. SUB-RECIPIENT acknowledges that, should it make a false, fictitious, or fraudulent claim, statement, submission, or certification to the State or Federal Government regarding the Project or related activities, FTA reserves the right to pursue the procedures and impose on SUB-RECIPIENT the penalties of 18 USC 1001, 31 USC Ch. 38, as may be deemed by FTA to be appropriate. A violation in this regard will be cause for immediate disqualification, suspension, or termination of the Contract for cause. SECTION 2.5 Trafficking in Persons. SUB-RECIPIENT agrees to comply and assures the compliance of each Third Party Participant, with federal requirements and guidance prohibiting trafficking in persons, including but not limited to the laws set forth in Attachment C, Required Contract Language. If SUB-RECIPIENT is a private entity, SUB- RECIPIENT further agrees that it and its employees that participate in the SUB- RECIPIENT’S Award, may not: (1) Engage in severe forms of trafficking in persons during the period of time this Contract is in effect; (2) Procure a commercial sex act during the period of time this Contract is in effect; or (3) Use or allow the use of forced labor in the performance of this Contract or any Third Party agreement or contract at any tier. A determination that SUB-RECIPIENT or its employees have engaged in the referenced conduct will be cause for immediate disqualification, suspension, or termination of the Contract for cause. SECTION 2.6 Federal Tax Liability and Recent Felony Convictions. If SUB-RECIPIENT is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, SUB-RECIPIENT certifies that it: (1) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months. SUB-RECIPIENT agrees to require all Third Party Participants to flow this requirement down to participants at all lower tiers, without regard to the value of any contract or subagreement. A subsequent determination that SUB-RECIPIENT or Third Party Participant knowingly made any misstatement of fact in this regard will be cause for immediate disqualification, suspension, or termination of the Contract for cause. SECTION 2.7 Certification Regarding Federal Lobbying. Certification for Contracts, Grants, Loans, and Cooperative Agreements. SUB-RECIPIENT certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 95 5 (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance with its instructions. (c) SUB-RECIPIENT shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SECTION 2.8 Certification Regarding Debarment and Suspension. Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a 144 certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 96 6 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters: Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 97 7 (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification. (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 98 8 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. SECTION 2.9 No Federal or State Obligations to Third Parties. The Federal Government does not and shall not have any commitment or liability related to this Contract or to any Third Party Participant at every tier, or to any other person or entity that is not a party to the Underlying Agreement (FTA or the State). The State shall not be subject to any obligations or liabilities to any Third Party Participant or to any other person or entity that is not a party to the Underlying Agreement regarding the Project or related activities without the specific written consent of the State and FTA. Neither the concurrence in nor the approval of the award of this Contract or any agreement or contract at any tier, or the solicitation thereof, nor any other act performed by the Federal Government or State related to the Project or related activities shall constitute such consent. 99 9 SECTION 2.10 Compliance with Non-Discrimination Laws. SUB-RECIPIENT agrees to comply and assures that each Third Party Participant at every tier will comply with all federal and state laws and MDT Programs relative to non-discrimination in Federally and State- assisted programs of the U.S. DOT and the State. SUB-RECIPIENT further agrees to include a covenant in the title of real property acquired for use in the Project that assures nondiscrimination during the useful life of that real property. SUB-RECIPIENT’S signature upon this document acknowledges SUB-RECIPIENT has read and understands Attachment A , MDT Nondiscrimination and Disability Accommodation Notice, which includes a non-exhaustive list of federal and state non- discrimination laws. Attachment A is herein incorporated by reference and made a part of this Contract. SECTION 2.11 Title VI. SUB-RECIPIENT agrees to prohibit discrimination and assures that each Third Party Participant at every tier will prohibit discrimination relative to Title VI as set forth in federal requirements and guidance, the FTA Master Agreement, and FTA Certifications and Assurances. SUB-RECIPIENT further agrees to comply and assures the compliance of each Third Party Participant at every tier for the Project and related activities with requirements including, but not limited to, all Title VI federal requirements and guidance, Title VI of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 2000d, et seq.; U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964;” 49 CFR Part 21; Federal transit law, specifically 49 USC § 5332; the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients;” the FTA Master Agreement; FTA Certifications and Assurances; and the MDT Rail, Transit and Planning Division Title VI Plan. SECTION 2.12 Participation by Disadvantaged Business Enterprises. (1) SUB-RECIPIENT and all Third Party Participants (at every tier) must comply with applicable federal and state laws regarding DBEs, including but not limited to 49 CFR Part 26. SUB-RECIPIENT agrees to comply and require all Third Party Participants (at every tier) to comply with all MDT DBE Program requirements. SUB-RECIPIENT agrees to comply with the DBE language in Attachment A and include it in all agreements and contracts with Third Party Participants. (2) MDT’s agency-wide FTA approved DBE race-neutral goal (DBE goal) is currently 0.7%. SUB-RECIPIENT and all Third Party Participants agree to make a good faith effort to contribute to the meeting of the most current FTA-approved DBE goal set forth on the MDT OCR website. (3) Montana's DBE directory is located at the following website: https://mdt.mt.gov/business/contracting/civil/dbe.aspx. SUB-RECIPIENT and Third Party Participants can request quotes from DBE-certified companies by using the on-line form located at the following website: https://app.mdt.mt.gov/dbeqt. The information in the online request is transmitted to DBE-certified companies the same day it is submitted by SUB-RECIPIENT or a Third Party Participant. SUB-RECIPIENT agrees to report expenses through MDT’s online program quarterly to MDT. (4) SUB-RECIPIENT shall require each transit vehicle manufacturer (TVM), as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to certify that it has complied with the requirements of 49 CFR Part 26. SUB-RECIPIENT acknowledges that only those TVMs listed on FTA’s certified list of TVMs, or that have submitted a goal methodology to FTA that has been approved or has not been disapproved, at the time of solicitation are eligible to bid. (5) SUB-RECIPIENT’S failure to comply with the TVM requirements set forth in federal law, the FTA Master Agreement, or MDT’s DBE program may result in formal enforcement action or appropriate sanction as determined by the FTA or MDT (e.g., FTA or the State declining to participate in the vehicle procurement). 100 10 (6) SUB-RECIPIENT must submit to MDT the name of the TVM and the total dollar value of the Third Party contract within 10 days and notify FTA of the same within 30 days. SUB-RECIPIENT agrees to submit additional notifications to MDT and the FTA if options are exercised in subsequent years to ensure that the TVM is still in good standing. SECTION 2.13 Age Discrimination and ADA. SUB-RECIPIENT agrees to comply and require Third Party Participants at all tiers for the Project and related activities to comply with all applicable requirements of the Age Discrimination Act of 1975, as amended, Title 42 USC Chapter 76, Section 6101 et seq., and implementing regulations, which prohibit employment and other discrimination against individuals on the basis of age. SUB- RECIPIENT also agrees to comply and require its Third Party Participants at all tiers for the Project and related activities to comply with the requirements of 49 USC 5301(d), 29 USC 794, the Americans with Disabilities Act, as amended (42 USC 12101 et seq.), and the Architectural Barriers Act of 1968, as amended (42 USC 4151 et seq.), as well as the applicable requirements of the regulations implementing those laws. SECTION 2.14 Disability Accommodation. MDT is committed to operating all of its programs and services without regard to disability in accordance with all applicable federal and state laws, including Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Civil Rights Restoration Act of 1973, and Title II and III of the Americans with Disabilities Act. MDT does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need aids, alternative document formats or services for effective communications or other disability-related accommodations in the programs and services offered are invited to make their needs and preferences known to the MDT ADA Coordinator. Any person who believes he or she may have been discriminated against on the basis of disability may contact the MDT, Office of Civil Rights, and file a formal complaint. SECTION 2.15 Employee Protections. SUB-RECIPIENT agrees to comply and assures that each Third Party Participant at every tier will comply with all applicable federal laws, regulations, and requirements providing protections for employees involved in the Project or related activities with federal assistance provided through the Underlying Agreement including, but not limited to, the following requirements as specifically set forth in the FTA Master Agreement: Prevailing Wage Requirements; Wage and Hour Requirements; Anti-Kickback Prohibitions; and Construction Site Safety Requirements. SECTION 2.16 Notice to Third Party Participants of Federal Changes. Federal requirements that apply to the State or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the State’s Underlying Agreement with the FTA including any information incorporated by reference and made part of that Underlying Agreement. Applicable changes to those federal requirements will apply to each Third Party Agreement and Contract and parties thereto at any tier. SUB- RECIPIENT’S or Third Party Participant’s failure to comply with any federal changes shall constitute a material breach of this Contract. SECTION 2.17 Federal Interest in Project Property. SUB-RECIPIENT agrees that the Federal Government retains a federal interest in all real property, equipment, and supplies acquired or improved for use in connection with a Project (Project Property) until, and to the extent that, the Federal Government removes its interest. SUB-RECIPIENT acknowledges that MDT may require additional instruments, documents or agreements relating to the Federal financial interest in the Project Property. SUB-RECIPIENT agrees to fully comply with all State requests to perfect Federal interests in Project Property. 101 11 SECTION 2.18 Disputes, Breaches, Defaults, and Litigation. (1) FTA Interest. Sub-recipient agrees that FTA has a vested interest in the settlement of any violation of federal law, regulation, or requirement, or any disagreement involving the Award, the accompanying Underlying Agreement, and any Amendments thereto including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise. (2) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may affect the Federal Government emerges, the Sub-recipient must promptly notify the FTA Chief Counsel, FTA Regional Counsel for the Region in which the State is located, and the MDT Chief Legal Counsel. The Sub-recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. (a) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. (b) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. (c) Additional Notice to U.S. DOT Inspector General. The Sub-Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel, Regional Counsel for the Region in which the Recipient is located, and MDT Chief Legal Counsel, if the Sub-recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Sub-recipient and FTA or MDT, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Sub-recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Sub- recipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Sub-recipient, including divisions tasked with law enforcement or investigatory functions. (3) Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for the State’s Underlying Agreement. Notwithstanding the preceding sentence, the State may return all liquidated damages it receives to its Award Budget for its Underlying Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the State receives FTA’s prior written concurrence. 102 12 SECTION 2.19 Settlement of Disputes with Third Party Participants. FTA has a vested interest in the settlement of disputes, defaults, or breaches involving any federally assisted Project. FTA retains the right to a proportionate share, based on the percentage of the Federal share committed to the Project, of any proceeds derived from any third party recovery. Therefore, SUB-RECIPIENT shall avail itself of all legal rights available under any agreement or contract with a third party. SUB-RECIPIENT shall notify the State of any current or prospective litigation or major disputed claim pertaining to any third party contract. FTA reserves the right to concur in any compromise or settlement of SUB- RECIPIENT’S claim(s) involving any third party contract, before making Federal assistance available to support that settlement. If the third party contract contains a liquidated damages provision, any liquidated damages recovered shall be credited to the Project account involved unless FTA permits otherwise. SECTION 2.20 Incorporation of FTA Terms for Third Party Contracting. The preceding provisions include, in part, certain Standard Terms and Conditions required by U.S. DOT for third party agreements and contracts, whether expressly set forth in the preceding Contract provisions. All contractual provisions required by U.S. DOT, including those set forth in FTA Circular 4220.1F, are hereby incorporated into this Contract by reference. All federal requirements, guidance and FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. SUB-RECIPIENT further agrees to flow down such contract language to Third Party Participants at all tiers for all Project agreements and contracts. SUB-RECIPIENT shall not perform any act, fail to perform any act, or refuse to comply with any State requests which would cause the State to be in violation of the FTA terms and conditions. SUB-RECIPIENT further agrees to ensure agreements and contracts with Third Party Participants at all tiers comply with applicable federal requirements, and follow applicable federal guidance including, but not limited to, the requirements set forth in Attachment C, Required Contract Language. SECTION 2.21 Compliance with Laws. Some of the clauses contained in this Contract are not governed solely by Federal law but are significantly affected by State law. The laws and regulations cited in this Contract are not all-inclusive of those which may apply to the successful completion of this Contract. SUB-RECIPIENT understands that it is its responsibility to learn which federal, state, and local laws and regulations will apply to its operation under this Contract, and that SUB-RECIPIENT is solely responsible for its lawful compliance with all laws and regulations. SECTION 2.22 Drug and Alcohol Compliance. SUB-RECIPIENT shall comply with FTA drug and alcohol rules as established in the “Implementation Guidelines for Drug and Alcohol Regulations in Mass Transit,” set forth in 49 CFR Part 40, and Part 655; Drug-Free Workplace Act. SUB-RECIPIENT further certifies that it and its Third Party Participants at all tiers are compliant with FTA’s regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 CFR Part 655. SUB-RECIPIENT understands and agrees that failure to comply with this section constitutes default pursuant to Article 2, Section 2.2. Alcohol and Controlled Substance Testing. SECTION 2.23 Privacy Act. SUB-RECIPIENT agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC § 552a. Among other things, SUB-RECIPIENT agrees to obtain the express consent of the Federal Government before SUB-RECIPIENT, or its employees, operate a system of records on behalf of the Federal Government. SUB- RECIPIENT understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. 103 13 SECTION 2.24 Coordination. SUB-RECIPIENT of any capital project purchased through this program certifies: (1) the projects selected were derived from a locally developed and coordinated public transit and human services transportation plan; (2) the plan was developed through a process that included representatives of public, private and nonprofit transportation and human services providers as well as the general public; and (3) vehicle use and location is identified in the planning document and will not be altered without the prior written permission of MDT. Should the recipient of any capital project withdraw from the coordinated plan, the ownership of any vehicle purchased under the plan shall revert back to the State or the State will be reimbursed full cost of the capital. SECTION 2.25 Single Audit. SUB-RECIPIENT may be subject to the audit requirements of 2 CFR 200 Subpart F if the audit threshold in 2 CFR 200.501 of $1,000,000 is met. An audit must be conducted in compliance with 2 CFR 200 Subpart F if required. The audit must be completed, and the data collection form and reporting package submitted to the Federal Audit Clearinghouse within the earlier of 30 calendar days after the receipt of the auditor’s report(s) or nine months after the end of the audit period. For local governments and school districts, SUB-RECIPIENT will provide the report to the State of Montana, Department of Administration, Local Government Services Bureau. All other SUB-RECIPIENT such as Tribal Communities and Non-Profit Organizations will provide the report to the State of Montana, Department of Transportation, Audit Services if audit findings are discovered. If SUB-RECIPIENT fails to submit a single audit within the required timelines, MDT will not reimburse SUB-RECIPIENT for grant expenditures. SUB-RECIPIENT should cease project activity unless SUB-RECIPIENT can incur the expense without reimbursement. In addition, MDT will be unable to enter into future agreements with SUB-RECIPIENT until compliance with this section is completed including any corrective action required is taken. SECTION 2.26 SUB-RECIPIENT Monitoring. MDT may subject SUB-RECIPIENT to additional sub- recipient monitoring by the MDT Transit Program, at MDT’s discretion, if SUB- RECIPIENT acts or fails to act in any way that increases the risk of SUB-RECIPIENT’S inability to comply with the Contract and/or federal and state grant requirements. 104 Rev. 08/2025 MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an environment free from discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter “protected classes”) by its employees or anyone with whom MDT does business: Federal protected classes State protected classes Race, color, religion, national origin, sex, age disability, and genetic information. Race; color; national origin; familial or marital status; pregnancy, childbirth, or medical conditions related to pregnancy or childbirth; creed, social origin or condition; genetic information; sex, sexual orientation, gender identification or expression; ancestry; age; mental or physical disability; political or religious affiliations or ideas; military service or veteran status; vaccination status or possession of immunity passport. For the duration of this contract/agreement, the PARTY agrees as follows: (1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all Acts and Regulations of the United States and the State of Montana relative to Non-Discrimination in Federally and State-assisted programs of the U.S. Department of Transportation and the State of Montana, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (2) Non-discrimination: a. The PARTY, with regard to the work performed by it during the contract, will not discriminate, directly or indirectly, on the grounds of any of the protected classes in the selection and retention of subcontractors, including procurements of materials and leases of equipment, employment, and all other activities being performed under this contract/agreement. b. PARTY will provide notice to its employees and the members of the public that it serves that will include the following: i. Statement that PARTY does not discriminate on the grounds of any protected classes. ii. Statement that PARTY will provide employees and members of the public that it serves with reasonable accommodations for any known disability, upon request, pursuant to the Americans with Disabilities Act as Amended (ADA). 105 iii. Contact information for PARTY’s representative tasked with handling non- discrimination complaints and providing reasonable accommodations under the ADA. iv. Information on how to request information in alternative accessible formats. c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and qualifications and that PARTY does not discriminate on the grounds of any protected class. (3) Participation by Disadvantaged Business Enterprises (DBEs): a. If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its subcontracting services. The list of all currently certified DBE firms is located on the MDT website at mdt.mt.gov/business/contracting/civil/dbe.shtml b. By signing this agreement the PARTY assures that: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. c. PARTY must include the above assurance in each contract/agreement the PARTY enters. (4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation under this contract/agreement and all Acts and Regulations of the United States and the State of Montana related to Non-Discrimination. (5) Information and Reports: The PARTY will provide all information and reports required by the Acts, Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by MDT or relevant US DOT Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the PARTY will so certify to MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 106 (6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the PARTY under the contract/agreement until the PARTY complies; and/or b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part. (7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement, the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following non-discrimination statues and authorities; including but not limited to: Federal - Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); - Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); - Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; - The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); - The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients, and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation 107 systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; - The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). State - Mont. Code Ann. § 49-3-205 Governmental services; - Mont. Code Ann. § 49-3-206 Distribution of governmental funds; - Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts. (8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through seven in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will take action with respect to any subcontract or procurement as MDT or the relevant US DOT Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request the United States to enter into the litigation to protect the interests of the United States. 108 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Assistant City Manager David Arnado - Facilities Superintendent Max Ziegler - Facilities Assistant Superintendent SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with TK Elevator for BPSC Elevator Uninterruptable Power Supplies Installation MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with TK Elevator for BPSC Elevator Uninterruptable Power Supplies Installation STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Bozeman Public Safety Center, constructed in 2022, includes 4 hydraulic elevators installed by TK Elevator which service public and staff areas as well as Bozeman Municipal Courts. The Public Safety Center has a backup generator to ensure the function of essential public safety systems in the event of power failure, however the elevators are not connected to the backup power circuits. Currently, if a power failure occurs the elevators will go offline and must be manually returned to the ground floor with the firefighters emergency operation key. The elevators installed at BPSC have the build in capability to automatically return the elevator car to the main floor and open the doors upon loss of power, but require a backup battery which was not included when the BPSC was constructed. This contract is for TK Elevator to install the battery packs and configure the elevators to go into automatic recall mode when power is lost, ensuring anyone in the elevators during a power loss does not become temporarily trapped in the car. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by Bozeman City Commission. FISCAL EFFECTS:This contract will incur a fixed cost expense of $7,907.68 for the installation of battery packs at all four BPSC elevators to be paid out of the BPSC Facilities operating budget. Attachments: PSA - TK Elevator - BPSC Elevator UPS.pdf 109 Report compiled on: October 2, 2025 110 Professional Services Agreement for BPSC Elevator Uninterruptable Power Supplies Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of September, 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, TK Elevator Corporation, 788 Circle 75 Pkwy SE, Suite 500, Atlanta, GA 30339, 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 October, 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 the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 111 Professional Services Agreement for BPSC Elevator Uninterruptable Power Supplies Page 2 of 10 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 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 112 Professional Services Agreement for BPSC Elevator Uninterruptable Power Supplies Page 3 of 10 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages 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 and shall be limited to property damage and bodily injury claims only, and then, only to the extent of Contractor’s own acts, omissions, or negligence, and shall in no way include for the acts, omissions, or negligence of a party indemnified hereunder, or for bare allegations. 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 113 Professional Services Agreement for BPSC Elevator Uninterruptable Power Supplies Page 4 of 10 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and 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 and such additional insured coverage shall only apply to the extent any damages covered by the policy are determined to be caused by Contractor’s acts, actions, omissions or neglects and not to the extent caused by the additional insureds own acts, actions, omissions, or neglects or for bare allegations. 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 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. 114 Professional Services Agreement for BPSC Elevator Uninterruptable Power Supplies Page 5 of 10 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, neither Party shall, 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 115 Professional Services Agreement for BPSC Elevator Uninterruptable Power Supplies Page 6 of 10 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. Neither Party shall, 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 both Parties hereby expressly waive any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. 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 Max Ziegler, Facilities Assistant Superintendent, 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 Broderick Steere, Account Manager, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be 116 Professional Services Agreement for BPSC Elevator Uninterruptable Power Supplies Page 7 of 10 directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 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). 117 Professional Services Agreement for BPSC Elevator Uninterruptable Power Supplies Page 8 of 10 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. 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 118 Professional Services Agreement for BPSC Elevator Uninterruptable Power Supplies Page 9 of 10 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. 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. 119 Professional Services Agreement for BPSC Elevator Uninterruptable Power Supplies Page 10 of 10 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. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA CONTRACTOR (Type Name Above) By By Chuck Winn, City Manager Print Name: Print Title: APPROVED AS TO FORM: By Greg Sullivan, Bozeman City Attorney 120 EXHIBIT A 121 BOZEMAN PUBLIC SAFETY May 23, 2025 Purchaser: City Of Bozeman Location: BOZEMAN PUBLIC SAFETY Address: 901 N Rouse Ave Address: 901 N Rouse Ave Bozeman, MT 59715 Bozeman, MT 59715 Purchaser authorizes TK Elevator Corporation (referred to as "TK Elevator" hereafter) to perform the following work on the equipment and at the location described above, in exchange for the sum of One Thousand Nine Hundred Seventy Six Dollars and Ninety Two Cents ($1,976.92) inclusive of all applicable sales and use taxes pursuant to the terms and conditions contained in this Work Order (the "Work Order"). If not accepted with (30) thirty calendar days of the date presented to Purchaser, this Work Order shall automatically be revoked and shall be null and void. Summary: Elevator TKE ID Description Repair category 1 US866728 Power Supply Operational For further information, please see a detailed Scope of Work on the pages that follow. Recommended by Service Technician: Joseph Rath In the event you have any questions regarding the content of this Work Order please contact me at +1 010. We appreciate your consideration. Regards, Broderick Steere TK Elevator Corporation 378 Briar Pl Unit 1 Belgrade MT 59714 broderick.steere@tkelevator.com |+1 010 Notice:No permits or inspections by others are included in this work, unless otherwise indicated herein. Delivery andshipping is included. All work is to be performed during regular working days and hours as deflned in this WorkOrder unless otherwise indicated herein. Repair Work Order 2025-2-1916067 | ACIA-2BVQJGH | May 23, 2025 1 122 Scope of Work UPS (Uninterruptible Power Supply) We will be replacing the entire UPS battery backup system ensuring elevators can run safely in case of power outage. Payment Terms 100% of the price set forth in this Work Order will be due and payable as an initial progress payment within 10 days from TK Elevator's receipt of a fully executed copy of this Work Order. This initial progress payment will be applied to any applicable project management, permits, engineering, drawings and material procurement. Material will be ordered once this payment is received and the parties have both executed this Work Order. The remaining 0% of the price set forth in this Work Order and any fully executed change orders shall be due and payable at the time TK Elevator commences the work described in the Work Order. TK Elevator's receipt of this flnal payment is a condition precedent to TK Elevator's return of the equipment described in this Work Order to the full operation and use and Purchaser agrees to waive any and all claims to such operation and use until such time as that payment is made in full. All value added taxes, tariffs, duties, and similar charges imposed upon TK Elevator as of the date of the execution of this Proposal are included in the price of the Proposal. After the date of acceptance of this Proposal and in addition to the Proposal price, Purchaser is also responsible to pay TK Elevator for any new (or any increase in): (1) applicable value added taxes, tariffs, duties, and/or other charges imposed by applicable governmental authorities; (2) charges from its suppliers for any of the applicable materials and/or components due to (a) supply chain issues, (b) the imposition of applicable value added taxes, tariffs, duties or other charges by applicable governmental authorities; and/or (c) if the completion of work called for in this Proposal occurs after the milestone mentioned earlier in this Proposal; and/or (3) charges from TK Elevator's shippers and/or freight forwarders, all along with proflt and overhead associated with those amounts set forth in (1), (2) and/or (3). In addition to the Agreement price, when the materials and/or components called for in this Proposal are ready to ship, TK Elevator will provide Purchaser with a change order that includes such value added taxes, tariffs, duties and/or similar charges imposed upon TK Elevator and/or such charges from its suppliers and freight forwarders for any of the applicable materials and/or components as set forth above, along with proflt and overhead associated with those amounts, which must be executed and fully paid for prior to and as a condition precedent to delivery of the material to the jobsite or providing labor on the project. Purchaser agrees that TK Elevator shall have no obligation to complete any steps necessary to provide Purchaser with full use and operation of the affected elevator(s) until such time as TK Elevator has been paid 100% both of the price refiected in this Work Order and for any other work performed by TK Elevator or its subcontractors in furtherance of this Work Order. Purchaser agrees to waive any and all claims to the turnover and/or use of that equipment until such time as those amounts are paid in full. TK Elevator reserves the right to assign payments owed to TK Elevator under this Work Order. Work order price: $1,976.92 Initial progress payment: (100%) $1,976.92 Repair Work Order 2025-2-1916067 | ACIA-2BVQJGH | May 23, 2025 2 123 Terms and Conditions TK Elevator does not assume any responsibility for any part of the vertical transportation equipment other than the speciflc components that are described in this Work Order and then only to the extent TK Elevator has performed the work described above. No work, service, examination or liability on the part of TK Elevator isintended, implied or included other than the work speciflcally described above. It is agreed that TK Elevator does not assume possession or control of any part of the vertical transportation equipment and that such remains Purchaser’s exclusively as the owner, lessor, lessee,possessor, or manager thereof. Unless otherwise stated herein, TK Elevator’s performance of this Work Order is expressly contingent upon Purchaser securing permission or priority as required by all applicable governmental agencies and payingfor any and all applicable permits or other similar documents. It is agreed that TK Elevator’s personnel shall be given a safe place in which to work. TK Elevator reserves the right to discontinue its work in the location above whenever, in its sole opinion, TK Elevator believes that any aspect of the location is in any way unsafe until such time asPurchaser has demonstrated, at its sole expense, that it hasappropriately remedied the unsafe condition to TK Elevator’s satisfaction. Unless otherwise agreed, it is understood that the work described above will be performed during regular working days and hours which are deflned as Monday through Friday, 8:00 AM to 4:30PM (except scheduled union holidays). If overtime is mutually agreedupon, an additional charge at TK Elevator’s usual rates for such work shall be added to the price of this Work Order. In consideration of TK Elevator performing the work described abovePurchaser, to the fullest extent permitted by law, expressly agrees toindemnify, defend, save harmless, discharge, release and forever acquit TK Elevator, its employees, oiffcers, agents, aiffliates, and subsidiaries from and against any and all claims, demands, suits, and proceedings made or brought against TK Elevator, its employees, oiffcers, agents,aiffliates and subsidiaries for loss, property damage (including damageto the equipment which is the subject matter of this Work Order), personal injury or death that are alleged to have been caused by Purchaser or any others in connection with the presence, use, misuse, maintenance, installation, removal, manufacture, design, operation orcondition of the vertical transportation equipment that is the subject ofthis Work Order, or the associated areas surrounding such equipment. Purchaser's duty to indemnify does not apply to the extent that the loss, property damage (including damage to the equipment which is the subject matter of this Work Order), personal injury or death isdetermined to be caused by or resulting from the negligence ofTK Elevator and/or its employees. Purchaser recognizes, however, that its obligation to defend TK Elevator and its employees, oiffcers, agents, aiffliates and subsidiaries under this clause is broader and distinct from its duty to indemnify and speciflcally includes payment of all attorney’sfees, court costs, interest and any other expenses of litigation arisingout of such claims or lawsuits. Purchaser expressly agrees to name TK Elevator along with its oiffcers, agents, aiffliates and subsidiaries as additional insureds in Purchaser's liability and any excess (umbrella) liability insurance policy(ies). Suchinsurance must insure TK Elevator, along with its oiffcers, agents,aiffliates and subsidiaries for those claims and/or losses referenced in the above paragraph, and for claims and/or or losses arising from the negligence or legal responsibility of TK Elevator and/or its oiffcers, agents, aiffliates and subsidiaries. Such insurance must specify that itscoverage is primary and non-contributory. Purchaser hereby waives theright of subrogation. TK Elevator shall not be liable for any loss, damage or delay caused by acts of government, labor, troubles, strikes, lockouts, flre, explosions, theft, riot, civil commotion, war, malicious mischief, acts of God, or any cause beyond its control. TK Elevator Corporation shall automaticallyreceive an extension of time commensurate with any delay regardingthe work called for in this Work Order. Should loss of or damage to TK Elevator’s material, tools or work occur at the location that is the subject of this Work Order, Purchaser shall compensate TK Elevator therefor, unless such loss or damage results solely from TK Elevator’s own acts or omissions. If any drawings, illustrations or descriptive matter are furnished withthis Work Order, they are approximate and are submitted only to show the general style and arrangement of equipment being offered. Work Order. Purchaser shall bear all cost(s) for any reinspection of TK Elevator’swork due to items outside the scope of this Work Order or for any inspection arising from the work of other trades requiring the assistance of TK Elevator. Purchaser expressly agrees to waive any and all claims forconsequential, special or indirect damages arising out of theperformance of this Work Order and speciflcally releases TK Elevator from any and all such claims. A service charge of 1.5% per month, or the highest legal rate, whichever is less, shall apply to delinquent accounts. In the event of any default ofany of the payment provisions herein, Purchaser agrees to pay, inaddition to any defaulted amount, any attorney fees, court costs and all other expenses, fees and costs incurred by TK Elevator in connection with the collection of that defaulted amount. Purchaser agrees that this Work Order shall be construed and enforcedin accordance with the laws of the state where the verticaltransportation equipment that is the subject of this Work Order is located and consents to jurisdiction of the courts, both state and Federal, of that as to all matters and disputes arising out of this Work Order. Purchaser further agrees to waive trial by jury for all suchmatters and disputes.The rights of TK Elevator under this Work Order shall be cumulative and the failure on the part of the TK Elevator to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights and any extension, indulgence or change by TK Elevator in the method,mode or manner of payment or any of its other rights shall not beconstrued as a waiver of any of its rights under this Work Order. In the event any portion of this Work Order is deemed invalid or unenforceable by a court of law, such flnding shall not affect the validity or enforceability of any other portion of this Work Order.This Work Order shall be considered as having been drafted jointly byPurchaser and TK Elevator and shall not be construed or interpreted against either Purchaser or TK Elevator by reason of either Purchaser or TK Elevator’s role in drafting same. In the event Purchaser’s acceptance of the work called for in this WorkOrder is in the form of a purchase order or other kind of document, theprovisions, terms and conditions of this Work Order shall exclusively govern the relationship between TK Elevator and Purchaser with respect to the work described herein. Repair Work Order 2025-2-1916067 | ACIA-2BVQJGH | May 23, 2025 3 124 Acceptance Purchaser’s acceptance of this Work Order will constitute exclusively and entirely the agreement for the work herein described. All prior representations or agreements regarding this work, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this Work Order will be recognized unless made in writing and properly executed by both parties. No agent or employee of TK Elevator shall have the authority to waive or modify any of the terms of this Work Order without the written approval of an authorized TK Elevator manager. This Work Order speciflcally contemplates work outside the scope of any other contract currently in effect between the parties; any such contract shall be unaffected by this Work Order. To indicate acceptance of this work order, please sign and return one (1) original of this agreement to the branch address shown below. Upon receipt of your written authorization and required materials and/or supplies, we shall implement the work called for in this Work Order. City Of Bozeman (Purchaser): TK Elevator Corporation Management Approval By: \s1 By: \s2 (Signature of Authorized Individual)Mike Gray (Print or Type Name) (Print or Type Title) (Signature of Branch Representative) Jeremy Robinson Branch Manager \d1\ \d2\ (Date of Acceptance) (Date of Execution) Please contact _______________________________________ to schedule work at the following phone number __________________________ Repair Work Order 2025-2-1916067 | ACIA-2BVQJGH | May 23, 2025 4 125 REPAIR DOWN PAYMENT REQUEST Attn: Mike Gray City Of Bozeman 901 N Rouse Ave Bozeman MT, 59715 Date Terms Reference ID Customer Reference # / PO May 23, 2025 Immediate ACIA-2BVQJGH Total Contract Price: $1,976.92 Down Payment: (100% ) $1,976.92 For inquiries regarding your contract or services provided by TK Elevator, please contact your local account manager at +1 010. To make a payment by phone, please call 404-844-4683 with the reference information provided below. Current and former service customers can now pay online at: https://secure.billtrust.com/tkelevator/ig/one-time-payment Thank you for choosing TK Elevator. We appreciate your business. Please detach the below section and provide along with payment. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Customer Name: City Of Bozeman Remit To: Location Name: BOZEMAN PUBLIC SAFETY TK ElevatorPO Box 3796Carol Stream, IL60132-3796 For overnight checks,please send to: DeluxeTK Elevator 37965450 N. Cumberland Ave.Chicago, IL 60656 Customer Number: Quote Number: 7997153 2025-2-1916067 Reference ID: ACIA-2BVQJGH RemittanceAmount: $1,976.92 2025-2-1916067 | ACIA-2BVQJGH | May 23, 2025 126 BOZEMAN PUBLIC SAFETY May 22, 2025 Purchaser: City Of Bozeman Location: BOZEMAN PUBLIC SAFETY Address: 901 N Rouse Ave Address: 901 N Rouse Ave Bozeman, MT 59715 Bozeman, MT 59715 Purchaser authorizes TK Elevator Corporation (referred to as "TK Elevator" hereafter) to perform the following work on the equipment and at the location described above, in exchange for the sum of One Thousand Nine Hundred Seventy Six Dollars and Ninety Two Cents ($1,976.92) inclusive of all applicable sales and use taxes pursuant to the terms and conditions contained in this Work Order (the "Work Order"). The price above is subject to escalation - even after Purchaser’s acceptance of this Work Order– under certain circumstances including the possibility that TK Elevator may be subjected to any new or increase in taxes, tariffs, other charges imposed by applicable governmental authorities, or any increase in the cost of materials from TK Elevator’s suppliers and/or shippers/freight forwarders. Summary: Elevator TKE ID Description Repair category 2 US866729 Power Supply Operational For further information, please see a detailed Scope of Work on the pages that follow. In the event you have any questions regarding the content of this Work Order please contact me at +1 010. We appreciate your consideration. Regards, Broderick Steere TK Elevator Corporation 378 Briar Pl Unit 1 Belgrade MT 59714 broderick.steere@tkelevator.com |+1 010 Notice:No permits or inspections by others are included in this work, unless otherwise indicated herein. Delivery andshipping is included. All work is to be performed during regular working days and hours as deflned in this WorkOrder unless otherwise indicated herein. Repair Work Order 2025-2-1916078 | ACIA-2BVQJGU | May 22, 2025 1 127 Scope of Work UPS (Uninterruptible Power Supply) We will be replacing the entire UPS battery backup system ensuring elevators can run safely in case of power outage. Payment Terms 100% of the price set forth in this Work Order will be due and payable as an initial progress payment within 10 days from TK Elevator's receipt of a fully executed copy of this Work Order. This initial progress payment will be applied to any applicable project management, permits, engineering, drawings and material procurement. Material will be ordered once this payment is received and the parties have both executed this Work Order. The remaining 0% of the price set forth in this Work Order and any fully executed change orders shall be due and payable at the time TK Elevator commences the work described in the Work Order. TK Elevator's receipt of this flnal payment is a condition precedent to TK Elevator's return of the equipment described in this Work Order to the full operation and use and Purchaser agrees to waive any and all claims to such operation and use until such time as that payment is made in full. Purchaser agrees that TK Elevator shall have no obligation to complete any steps necessary to provide Purchaser with full use and operation of the affected elevator(s) until such time as TK Elevator has been paid 100% both of the price refiected in this Work Order and for any other work performed by TK Elevator or its subcontractors in furtherance of this Work Order. Purchaser agrees to waive any and all claims to the turnover and/or use of that equipment until such time as those amounts are paid in full. TK Elevator reserves the right to assign payments owed to TK Elevator under this Work Order. Work order price: $1,976.92 Initial progress payment: (100%) $1,976.92 Repair Work Order 2025-2-1916078 | ACIA-2BVQJGU | May 22, 2025 2 128 Terms and Conditions TK Elevator does not assume any responsibility for any part of the vertical transportation equipment other than the speciflc components that are described in this Work Order and then only to the extent TK Elevator has performed the work described above. No work, service, examination or liability on the part of TK Elevator isintended, implied or included other than the work speciflcally described above. It is agreed that TK Elevator does not assume possession or control of any part of the vertical transportation equipment and that such remains Purchaser’s exclusively as the owner, lessor, lessee,possessor, or manager thereof. Unless otherwise stated herein, TK Elevator’s performance of this Work Order is expressly contingent upon Purchaser securing permission or priority as required by all applicable governmental agencies and payingfor any and all applicable permits or other similar documents. It is agreed that TK Elevator’s personnel shall be given a safe place in which to work. TK Elevator reserves the right to discontinue its work in the location above whenever, in its sole opinion, TK Elevator believes that any aspect of the location is in any way unsafe until such time asPurchaser has demonstrated, at its sole expense, that it hasappropriately remedied the unsafe condition to TK Elevator’s satisfaction. Unless otherwise agreed, it is understood that the work described above will be performed during regular working days and hours which are deflned as Monday through Friday, 8:00 AM to 4:30PM (except scheduled union holidays). If overtime is mutually agreedupon, an additional charge at TK Elevator’s usual rates for such work shall be added to the price of this Work Order. In consideration of TK Elevator performing the work described abovePurchaser, to the fullest extent permitted by law, expressly agrees toindemnify, defend, save harmless, discharge, release and forever acquit TK Elevator, its employees, oiffcers, agents, aiffliates, and subsidiaries from and against any and all claims, demands, suits, and proceedings made or brought against TK Elevator, its employees, oiffcers, agents,aiffliates and subsidiaries for loss, property damage (including damageto the equipment which is the subject matter of this Work Order), personal injury or death that are alleged to have been caused by Purchaser or any others in connection with the presence, use, misuse, maintenance, installation, removal, manufacture, design, operation orcondition of the vertical transportation equipment that is the subject ofthis Work Order, or the associated areas surrounding such equipment. Purchaser's duty to indemnify does not apply to the extent that the loss, property damage (including damage to the equipment which is the subject matter of this Work Order), personal injury or death isdetermined to be caused by or resulting from the negligence ofTK Elevator and/or its employees. Purchaser recognizes, however, that its obligation to defend TK Elevator and its employees, oiffcers, agents, aiffliates and subsidiaries under this clause is broader and distinct from its duty to indemnify and speciflcally includes payment of all attorney’sfees, court costs, interest and any other expenses of litigation arisingout of such claims or lawsuits. Purchaser expressly agrees to name TK Elevator along with its oiffcers, agents, aiffliates and subsidiaries as additional insureds in Purchaser's liability and any excess (umbrella) liability insurance policy(ies). Suchinsurance must insure TK Elevator, along with its oiffcers, agents,aiffliates and subsidiaries for those claims and/or losses referenced in the above paragraph, and for claims and/or or losses arising from the negligence or legal responsibility of TK Elevator and/or its oiffcers, agents, aiffliates and subsidiaries. Such insurance must specify that itscoverage is primary and non-contributory. Purchaser hereby waives theright of subrogation. TK Elevator shall not be liable for any loss, damage or delay caused by acts of government, labor, troubles, strikes, lockouts, flre, explosions, theft, riot, civil commotion, war, malicious mischief, acts of God, or any cause beyond its control. TK Elevator Corporation shall automaticallyreceive an extension of time commensurate with any delay regardingthe work called for in this Work Order. Should loss of or damage to TK Elevator’s material, tools or work occur at the location that is the subject of this Work Order, Purchaser shall compensate TK Elevator therefor, unless such loss or damage results solely from TK Elevator’s own acts or omissions. If any drawings, illustrations or descriptive matter are furnished withthis Work Order, they are approximate and are submitted only to show the general style and arrangement of equipment being offered. Work Order. Purchaser shall bear all cost(s) for any reinspection of TK Elevator’swork due to items outside the scope of this Work Order or for any inspection arising from the work of other trades requiring the assistance of TK Elevator. Purchaser expressly agrees to waive any and all claims forconsequential, special or indirect damages arising out of theperformance of this Work Order and speciflcally releases TK Elevator from any and all such claims. A service charge of 1.5% per month, or the highest legal rate, whichever is less, shall apply to delinquent accounts. In the event of any default ofany of the payment provisions herein, Purchaser agrees to pay, inaddition to any defaulted amount, any attorney fees, court costs and all other expenses, fees and costs incurred by TK Elevator in connection with the collection of that defaulted amount. Purchaser agrees that this Work Order shall be construed and enforcedin accordance with the laws of the state where the verticaltransportation equipment that is the subject of this Work Order is located and consents to jurisdiction of the courts, both state and Federal, of that as to all matters and disputes arising out of this Work Order. Purchaser further agrees to waive trial by jury for all suchmatters and disputes.The rights of TK Elevator under this Work Order shall be cumulative and the failure on the part of the TK Elevator to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights and any extension, indulgence or change by TK Elevator in the method,mode or manner of payment or any of its other rights shall not beconstrued as a waiver of any of its rights under this Work Order. In the event any portion of this Work Order is deemed invalid or unenforceable by a court of law, such flnding shall not affect the validity or enforceability of any other portion of this Work Order.This Work Order shall be considered as having been drafted jointly byPurchaser and TK Elevator and shall not be construed or interpreted against either Purchaser or TK Elevator by reason of either Purchaser or TK Elevator’s role in drafting same. In the event Purchaser’s acceptance of the work called for in this WorkOrder is in the form of a purchase order or other kind of document, theprovisions, terms and conditions of this Work Order shall exclusively govern the relationship between TK Elevator and Purchaser with respect to the work described herein. Repair Work Order 2025-2-1916078 | ACIA-2BVQJGU | May 22, 2025 3 129 Acceptance This Work Order is submitted for acceptance within 30 days from the date executed by TK Elevator. Purchaser’s acceptance of this Work Order will constitute exclusively and entirely the agreement for the work herein described. All prior representations or agreements regarding this work, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this Work Order will be recognized unless made in writing and properly executed by both parties. No agent or employee of TK Elevator shall have the authority to waive or modify any of the terms of this Work Order without the written approval of an authorized TK Elevator manager. This Work Order speciflcally contemplates work outside the scope of any other contract currently in effect between the parties; any such contract shall be unaffected by this Work Order. To indicate acceptance of this work order, please sign and return one (1) original of this agreement to the branch address shown below. Upon receipt of your written authorization and required materials and/or supplies, we shall implement the work called for in this Work Order. City Of Bozeman (Purchaser): TK Elevator Corporation Management Approval By: \s1 By: \s2 (Signature of Authorized Individual) (Print or Type Name) (Print or Type Title) (Signature of Branch Representative) Jeremy Robinson Branch Manager \d1\ \d2\ (Date of Acceptance) (Date of Execution) Please contact _______________________________________ to schedule work at the following phone number __________________________ Repair Work Order 2025-2-1916078 | ACIA-2BVQJGU | May 22, 2025 4 130 REPAIR DOWN PAYMENT REQUEST City Of Bozeman 901 N Rouse Ave Bozeman MT, 59715 Date Terms Reference ID Customer Reference # / PO May 22, 2025 Immediate ACIA-2BVQJGU Total Contract Price: $1,976.92 Down Payment: (100% ) $1,976.92 For inquiries regarding your contract or services provided by TK Elevator, please contact your local account manager at +1 010. To make a payment by phone, please call 404-844-4683 with the reference information provided below. Current and former service customers can now pay online at: https://secure.billtrust.com/tkelevator/ig/one-time-payment Thank you for choosing TK Elevator. We appreciate your business. Please detach the below section and provide along with payment. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Customer Name: City Of Bozeman Remit To: Location Name: BOZEMAN PUBLIC SAFETY TK ElevatorPO Box 3796Carol Stream, IL60132-3796 For overnight checks,please send to: DeluxeTK Elevator 37965450 N. Cumberland Ave.Chicago, IL 60656 Customer Number: Quote Number: 7997153 2025-2-1916078 Reference ID: ACIA-2BVQJGU RemittanceAmount: $1,976.92 2025-2-1916078 | ACIA-2BVQJGU | May 22, 2025 131 BOZEMAN PUBLIC SAFETY May 22, 2025 Purchaser: City Of Bozeman Location: BOZEMAN PUBLIC SAFETY Address: 901 N Rouse Ave Address: 901 N Rouse Ave Bozeman, MT 59715 Bozeman, MT 59715 Purchaser authorizes TK Elevator Corporation (referred to as "TK Elevator" hereafter) to perform the following work on the equipment and at the location described above, in exchange for the sum of One Thousand Nine Hundred Seventy Six Dollars and Ninety Two Cents ($1,976.92) inclusive of all applicable sales and use taxes pursuant to the terms and conditions contained in this Work Order (the "Work Order"). The price above is subject to escalation - even after Purchaser’s acceptance of this Work Order– under certain circumstances including the possibility that TK Elevator may be subjected to any new or increase in taxes, tariffs, other charges imposed by applicable governmental authorities, or any increase in the cost of materials from TK Elevator’s suppliers and/or shippers/freight forwarders. Summary: Elevator TKE ID Description Repair category 3 US866730 Power Supply Operational For further information, please see a detailed Scope of Work on the pages that follow. In the event you have any questions regarding the content of this Work Order please contact me at +1 010. We appreciate your consideration. Regards, Broderick Steere TK Elevator Corporation 378 Briar Pl Unit 1 Belgrade MT 59714 broderick.steere@tkelevator.com |+1 010 Notice:No permits or inspections by others are included in this work, unless otherwise indicated herein. Delivery andshipping is included. All work is to be performed during regular working days and hours as deflned in this WorkOrder unless otherwise indicated herein. Repair Work Order 2025-2-1916081 | ACIA-2BVQJH7 | May 22, 2025 1 132 Scope of Work UPS (Uninterruptible Power Supply) We will be replacing the entire UPS battery backup system ensuring elevators can run safely in case of power outage. Payment Terms 100% of the price set forth in this Work Order will be due and payable as an initial progress payment within 10 days from TK Elevator's receipt of a fully executed copy of this Work Order. This initial progress payment will be applied to any applicable project management, permits, engineering, drawings and material procurement. Material will be ordered once this payment is received and the parties have both executed this Work Order. The remaining 0% of the price set forth in this Work Order and any fully executed change orders shall be due and payable at the time TK Elevator commences the work described in the Work Order. TK Elevator's receipt of this flnal payment is a condition precedent to TK Elevator's return of the equipment described in this Work Order to the full operation and use and Purchaser agrees to waive any and all claims to such operation and use until such time as that payment is made in full. Purchaser agrees that TK Elevator shall have no obligation to complete any steps necessary to provide Purchaser with full use and operation of the affected elevator(s) until such time as TK Elevator has been paid 100% both of the price refiected in this Work Order and for any other work performed by TK Elevator or its subcontractors in furtherance of this Work Order. Purchaser agrees to waive any and all claims to the turnover and/or use of that equipment until such time as those amounts are paid in full. TK Elevator reserves the right to assign payments owed to TK Elevator under this Work Order. Work order price: $1,976.92 Initial progress payment: (100%) $1,976.92 Repair Work Order 2025-2-1916081 | ACIA-2BVQJH7 | May 22, 2025 2 133 Terms and Conditions TK Elevator does not assume any responsibility for any part of the vertical transportation equipment other than the speciflc components that are described in this Work Order and then only to the extent TK Elevator has performed the work described above. No work, service, examination or liability on the part of TK Elevator isintended, implied or included other than the work speciflcally described above. It is agreed that TK Elevator does not assume possession or control of any part of the vertical transportation equipment and that such remains Purchaser’s exclusively as the owner, lessor, lessee,possessor, or manager thereof. Unless otherwise stated herein, TK Elevator’s performance of this Work Order is expressly contingent upon Purchaser securing permission or priority as required by all applicable governmental agencies and payingfor any and all applicable permits or other similar documents. It is agreed that TK Elevator’s personnel shall be given a safe place in which to work. TK Elevator reserves the right to discontinue its work in the location above whenever, in its sole opinion, TK Elevator believes that any aspect of the location is in any way unsafe until such time asPurchaser has demonstrated, at its sole expense, that it hasappropriately remedied the unsafe condition to TK Elevator’s satisfaction. Unless otherwise agreed, it is understood that the work described above will be performed during regular working days and hours which are deflned as Monday through Friday, 8:00 AM to 4:30PM (except scheduled union holidays). If overtime is mutually agreedupon, an additional charge at TK Elevator’s usual rates for such work shall be added to the price of this Work Order. In consideration of TK Elevator performing the work described abovePurchaser, to the fullest extent permitted by law, expressly agrees toindemnify, defend, save harmless, discharge, release and forever acquit TK Elevator, its employees, oiffcers, agents, aiffliates, and subsidiaries from and against any and all claims, demands, suits, and proceedings made or brought against TK Elevator, its employees, oiffcers, agents,aiffliates and subsidiaries for loss, property damage (including damageto the equipment which is the subject matter of this Work Order), personal injury or death that are alleged to have been caused by Purchaser or any others in connection with the presence, use, misuse, maintenance, installation, removal, manufacture, design, operation orcondition of the vertical transportation equipment that is the subject ofthis Work Order, or the associated areas surrounding such equipment. Purchaser's duty to indemnify does not apply to the extent that the loss, property damage (including damage to the equipment which is the subject matter of this Work Order), personal injury or death isdetermined to be caused by or resulting from the negligence ofTK Elevator and/or its employees. Purchaser recognizes, however, that its obligation to defend TK Elevator and its employees, oiffcers, agents, aiffliates and subsidiaries under this clause is broader and distinct from its duty to indemnify and speciflcally includes payment of all attorney’sfees, court costs, interest and any other expenses of litigation arisingout of such claims or lawsuits. Purchaser expressly agrees to name TK Elevator along with its oiffcers, agents, aiffliates and subsidiaries as additional insureds in Purchaser's liability and any excess (umbrella) liability insurance policy(ies). Suchinsurance must insure TK Elevator, along with its oiffcers, agents,aiffliates and subsidiaries for those claims and/or losses referenced in the above paragraph, and for claims and/or or losses arising from the negligence or legal responsibility of TK Elevator and/or its oiffcers, agents, aiffliates and subsidiaries. Such insurance must specify that itscoverage is primary and non-contributory. Purchaser hereby waives theright of subrogation. TK Elevator shall not be liable for any loss, damage or delay caused by acts of government, labor, troubles, strikes, lockouts, flre, explosions, theft, riot, civil commotion, war, malicious mischief, acts of God, or any cause beyond its control. TK Elevator Corporation shall automaticallyreceive an extension of time commensurate with any delay regardingthe work called for in this Work Order. Should loss of or damage to TK Elevator’s material, tools or work occur at the location that is the subject of this Work Order, Purchaser shall compensate TK Elevator therefor, unless such loss or damage results solely from TK Elevator’s own acts or omissions. If any drawings, illustrations or descriptive matter are furnished withthis Work Order, they are approximate and are submitted only to show the general style and arrangement of equipment being offered. Work Order. Purchaser shall bear all cost(s) for any reinspection of TK Elevator’swork due to items outside the scope of this Work Order or for any inspection arising from the work of other trades requiring the assistance of TK Elevator. Purchaser expressly agrees to waive any and all claims forconsequential, special or indirect damages arising out of theperformance of this Work Order and speciflcally releases TK Elevator from any and all such claims. A service charge of 1.5% per month, or the highest legal rate, whichever is less, shall apply to delinquent accounts. In the event of any default ofany of the payment provisions herein, Purchaser agrees to pay, inaddition to any defaulted amount, any attorney fees, court costs and all other expenses, fees and costs incurred by TK Elevator in connection with the collection of that defaulted amount. Purchaser agrees that this Work Order shall be construed and enforcedin accordance with the laws of the state where the verticaltransportation equipment that is the subject of this Work Order is located and consents to jurisdiction of the courts, both state and Federal, of that as to all matters and disputes arising out of this Work Order. Purchaser further agrees to waive trial by jury for all suchmatters and disputes.The rights of TK Elevator under this Work Order shall be cumulative and the failure on the part of the TK Elevator to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights and any extension, indulgence or change by TK Elevator in the method,mode or manner of payment or any of its other rights shall not beconstrued as a waiver of any of its rights under this Work Order. In the event any portion of this Work Order is deemed invalid or unenforceable by a court of law, such flnding shall not affect the validity or enforceability of any other portion of this Work Order.This Work Order shall be considered as having been drafted jointly byPurchaser and TK Elevator and shall not be construed or interpreted against either Purchaser or TK Elevator by reason of either Purchaser or TK Elevator’s role in drafting same. In the event Purchaser’s acceptance of the work called for in this WorkOrder is in the form of a purchase order or other kind of document, theprovisions, terms and conditions of this Work Order shall exclusively govern the relationship between TK Elevator and Purchaser with respect to the work described herein. Repair Work Order 2025-2-1916081 | ACIA-2BVQJH7 | May 22, 2025 3 134 Acceptance This Work Order is submitted for acceptance within 30 days from the date executed by TK Elevator. Purchaser’s acceptance of this Work Order will constitute exclusively and entirely the agreement for the work herein described. All prior representations or agreements regarding this work, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this Work Order will be recognized unless made in writing and properly executed by both parties. No agent or employee of TK Elevator shall have the authority to waive or modify any of the terms of this Work Order without the written approval of an authorized TK Elevator manager. This Work Order speciflcally contemplates work outside the scope of any other contract currently in effect between the parties; any such contract shall be unaffected by this Work Order. To indicate acceptance of this work order, please sign and return one (1) original of this agreement to the branch address shown below. Upon receipt of your written authorization and required materials and/or supplies, we shall implement the work called for in this Work Order. City Of Bozeman (Purchaser): TK Elevator Corporation Management Approval By: \s1 By: \s2 (Signature of Authorized Individual) (Print or Type Name) (Print or Type Title) (Signature of Branch Representative) Jeremy Robinson Branch Manager \d1\ \d2\ (Date of Acceptance) (Date of Execution) Please contact _______________________________________ to schedule work at the following phone number __________________________ Repair Work Order 2025-2-1916081 | ACIA-2BVQJH7 | May 22, 2025 4 135 REPAIR DOWN PAYMENT REQUEST City Of Bozeman 901 N Rouse Ave Bozeman MT, 59715 Date Terms Reference ID Customer Reference # / PO May 22, 2025 Immediate ACIA-2BVQJH7 Total Contract Price: $1,976.92 Down Payment: (100% ) $1,976.92 For inquiries regarding your contract or services provided by TK Elevator, please contact your local account manager at +1 010. To make a payment by phone, please call 404-844-4683 with the reference information provided below. Current and former service customers can now pay online at: https://secure.billtrust.com/tkelevator/ig/one-time-payment Thank you for choosing TK Elevator. We appreciate your business. Please detach the below section and provide along with payment. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Customer Name: City Of Bozeman Remit To: Location Name: BOZEMAN PUBLIC SAFETY TK ElevatorPO Box 3796Carol Stream, IL60132-3796 For overnight checks,please send to: DeluxeTK Elevator 37965450 N. Cumberland Ave.Chicago, IL 60656 Customer Number: Quote Number: 7997153 2025-2-1916081 Reference ID: ACIA-2BVQJH7 RemittanceAmount: $1,976.92 2025-2-1916081 | ACIA-2BVQJH7 | May 22, 2025 136 BOZEMAN PUBLIC SAFETY May 22, 2025 Purchaser: City Of Bozeman Location: BOZEMAN PUBLIC SAFETY Address: 901 N Rouse Ave Address: 901 N Rouse Ave Bozeman, MT 59715 Bozeman, MT 59715 Purchaser authorizes TK Elevator Corporation (referred to as "TK Elevator" hereafter) to perform the following work on the equipment and at the location described above, in exchange for the sum of One Thousand Nine Hundred Seventy Six Dollars and Ninety Two Cents ($1,976.92) inclusive of all applicable sales and use taxes pursuant to the terms and conditions contained in this Work Order (the "Work Order"). The price above is subject to escalation - even after Purchaser’s acceptance of this Work Order– under certain circumstances including the possibility that TK Elevator may be subjected to any new or increase in taxes, tariffs, other charges imposed by applicable governmental authorities, or any increase in the cost of materials from TK Elevator’s suppliers and/or shippers/freight forwarders. Summary: Elevator TKE ID Description Repair category 4 US866731 Power Supply Operational For further information, please see a detailed Scope of Work on the pages that follow. In the event you have any questions regarding the content of this Work Order please contact me at +1 010. We appreciate your consideration. Regards, Broderick Steere TK Elevator Corporation 378 Briar Pl Unit 1 Belgrade MT 59714 broderick.steere@tkelevator.com |+1 010 Notice:No permits or inspections by others are included in this work, unless otherwise indicated herein. Delivery andshipping is included. All work is to be performed during regular working days and hours as deflned in this WorkOrder unless otherwise indicated herein. Repair Work Order 2025-2-1916082 | ACIA-2BVS5EW | May 22, 2025 1 137 Scope of Work UPS (Uninterruptible Power Supply) We will be replacing the entire UPS battery backup system ensuring elevators can run safely in case of power outage. Payment Terms 100% of the price set forth in this Work Order will be due and payable as an initial progress payment within 10 days from TK Elevator's receipt of a fully executed copy of this Work Order. This initial progress payment will be applied to any applicable project management, permits, engineering, drawings and material procurement. Material will be ordered once this payment is received and the parties have both executed this Work Order. The remaining 0% of the price set forth in this Work Order and any fully executed change orders shall be due and payable at the time TK Elevator commences the work described in the Work Order. TK Elevator's receipt of this flnal payment is a condition precedent to TK Elevator's return of the equipment described in this Work Order to the full operation and use and Purchaser agrees to waive any and all claims to such operation and use until such time as that payment is made in full. Purchaser agrees that TK Elevator shall have no obligation to complete any steps necessary to provide Purchaser with full use and operation of the affected elevator(s) until such time as TK Elevator has been paid 100% both of the price refiected in this Work Order and for any other work performed by TK Elevator or its subcontractors in furtherance of this Work Order. Purchaser agrees to waive any and all claims to the turnover and/or use of that equipment until such time as those amounts are paid in full. TK Elevator reserves the right to assign payments owed to TK Elevator under this Work Order. Work order price: $1,976.92 Initial progress payment: (100%) $1,976.92 Repair Work Order 2025-2-1916082 | ACIA-2BVS5EW | May 22, 2025 2 138 Terms and Conditions TK Elevator does not assume any responsibility for any part of the vertical transportation equipment other than the speciflc components that are described in this Work Order and then only to the extent TK Elevator has performed the work described above. No work, service, examination or liability on the part of TK Elevator isintended, implied or included other than the work speciflcally described above. It is agreed that TK Elevator does not assume possession or control of any part of the vertical transportation equipment and that such remains Purchaser’s exclusively as the owner, lessor, lessee,possessor, or manager thereof. Unless otherwise stated herein, TK Elevator’s performance of this Work Order is expressly contingent upon Purchaser securing permission or priority as required by all applicable governmental agencies and payingfor any and all applicable permits or other similar documents. It is agreed that TK Elevator’s personnel shall be given a safe place in which to work. TK Elevator reserves the right to discontinue its work in the location above whenever, in its sole opinion, TK Elevator believes that any aspect of the location is in any way unsafe until such time asPurchaser has demonstrated, at its sole expense, that it hasappropriately remedied the unsafe condition to TK Elevator’s satisfaction. Unless otherwise agreed, it is understood that the work described above will be performed during regular working days and hours which are deflned as Monday through Friday, 8:00 AM to 4:30PM (except scheduled union holidays). If overtime is mutually agreedupon, an additional charge at TK Elevator’s usual rates for such work shall be added to the price of this Work Order. In consideration of TK Elevator performing the work described abovePurchaser, to the fullest extent permitted by law, expressly agrees toindemnify, defend, save harmless, discharge, release and forever acquit TK Elevator, its employees, oiffcers, agents, aiffliates, and subsidiaries from and against any and all claims, demands, suits, and proceedings made or brought against TK Elevator, its employees, oiffcers, agents,aiffliates and subsidiaries for loss, property damage (including damageto the equipment which is the subject matter of this Work Order), personal injury or death that are alleged to have been caused by Purchaser or any others in connection with the presence, use, misuse, maintenance, installation, removal, manufacture, design, operation orcondition of the vertical transportation equipment that is the subject ofthis Work Order, or the associated areas surrounding such equipment. Purchaser's duty to indemnify does not apply to the extent that the loss, property damage (including damage to the equipment which is the subject matter of this Work Order), personal injury or death isdetermined to be caused by or resulting from the negligence ofTK Elevator and/or its employees. Purchaser recognizes, however, that its obligation to defend TK Elevator and its employees, oiffcers, agents, aiffliates and subsidiaries under this clause is broader and distinct from its duty to indemnify and speciflcally includes payment of all attorney’sfees, court costs, interest and any other expenses of litigation arisingout of such claims or lawsuits. Purchaser expressly agrees to name TK Elevator along with its oiffcers, agents, aiffliates and subsidiaries as additional insureds in Purchaser's liability and any excess (umbrella) liability insurance policy(ies). Suchinsurance must insure TK Elevator, along with its oiffcers, agents,aiffliates and subsidiaries for those claims and/or losses referenced in the above paragraph, and for claims and/or or losses arising from the negligence or legal responsibility of TK Elevator and/or its oiffcers, agents, aiffliates and subsidiaries. Such insurance must specify that itscoverage is primary and non-contributory. Purchaser hereby waives theright of subrogation. TK Elevator shall not be liable for any loss, damage or delay caused by acts of government, labor, troubles, strikes, lockouts, flre, explosions, theft, riot, civil commotion, war, malicious mischief, acts of God, or any cause beyond its control. TK Elevator Corporation shall automaticallyreceive an extension of time commensurate with any delay regardingthe work called for in this Work Order. Should loss of or damage to TK Elevator’s material, tools or work occur at the location that is the subject of this Work Order, Purchaser shall compensate TK Elevator therefor, unless such loss or damage results solely from TK Elevator’s own acts or omissions. If any drawings, illustrations or descriptive matter are furnished withthis Work Order, they are approximate and are submitted only to show the general style and arrangement of equipment being offered. Work Order. Purchaser shall bear all cost(s) for any reinspection of TK Elevator’swork due to items outside the scope of this Work Order or for any inspection arising from the work of other trades requiring the assistance of TK Elevator. Purchaser expressly agrees to waive any and all claims forconsequential, special or indirect damages arising out of theperformance of this Work Order and speciflcally releases TK Elevator from any and all such claims. A service charge of 1.5% per month, or the highest legal rate, whichever is less, shall apply to delinquent accounts. In the event of any default ofany of the payment provisions herein, Purchaser agrees to pay, inaddition to any defaulted amount, any attorney fees, court costs and all other expenses, fees and costs incurred by TK Elevator in connection with the collection of that defaulted amount. Purchaser agrees that this Work Order shall be construed and enforcedin accordance with the laws of the state where the verticaltransportation equipment that is the subject of this Work Order is located and consents to jurisdiction of the courts, both state and Federal, of that as to all matters and disputes arising out of this Work Order. Purchaser further agrees to waive trial by jury for all suchmatters and disputes.The rights of TK Elevator under this Work Order shall be cumulative and the failure on the part of the TK Elevator to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights and any extension, indulgence or change by TK Elevator in the method,mode or manner of payment or any of its other rights shall not beconstrued as a waiver of any of its rights under this Work Order. In the event any portion of this Work Order is deemed invalid or unenforceable by a court of law, such flnding shall not affect the validity or enforceability of any other portion of this Work Order.This Work Order shall be considered as having been drafted jointly byPurchaser and TK Elevator and shall not be construed or interpreted against either Purchaser or TK Elevator by reason of either Purchaser or TK Elevator’s role in drafting same. In the event Purchaser’s acceptance of the work called for in this WorkOrder is in the form of a purchase order or other kind of document, theprovisions, terms and conditions of this Work Order shall exclusively govern the relationship between TK Elevator and Purchaser with respect to the work described herein. Repair Work Order 2025-2-1916082 | ACIA-2BVS5EW | May 22, 2025 3 139 Acceptance This Work Order is submitted for acceptance within 30 days from the date executed by TK Elevator. Purchaser’s acceptance of this Work Order will constitute exclusively and entirely the agreement for the work herein described. All prior representations or agreements regarding this work, whether written or verbal, will be deemed to be merged herein, and no other changes in or additions to this Work Order will be recognized unless made in writing and properly executed by both parties. No agent or employee of TK Elevator shall have the authority to waive or modify any of the terms of this Work Order without the written approval of an authorized TK Elevator manager. This Work Order speciflcally contemplates work outside the scope of any other contract currently in effect between the parties; any such contract shall be unaffected by this Work Order. To indicate acceptance of this work order, please sign and return one (1) original of this agreement to the branch address shown below. Upon receipt of your written authorization and required materials and/or supplies, we shall implement the work called for in this Work Order. City Of Bozeman (Purchaser): TK Elevator Corporation Management Approval By: \s1 By: \s2 (Signature of Authorized Individual) (Print or Type Name) (Print or Type Title) (Signature of Branch Representative) Jeremy Robinson Branch Manager \d1\ \d2\ (Date of Acceptance) (Date of Execution) Please contact _______________________________________ to schedule work at the following phone number __________________________ Repair Work Order 2025-2-1916082 | ACIA-2BVS5EW | May 22, 2025 4 140 REPAIR DOWN PAYMENT REQUEST City Of Bozeman 901 N Rouse Ave Bozeman MT, 59715 Date Terms Reference ID Customer Reference # / PO May 22, 2025 Immediate ACIA-2BVS5EW Total Contract Price: $1,976.92 Down Payment: (100% ) $1,976.92 For inquiries regarding your contract or services provided by TK Elevator, please contact your local account manager at +1 010. To make a payment by phone, please call 404-844-4683 with the reference information provided below. Current and former service customers can now pay online at: https://secure.billtrust.com/tkelevator/ig/one-time-payment Thank you for choosing TK Elevator. We appreciate your business. Please detach the below section and provide along with payment. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Customer Name: City Of Bozeman Remit To: Location Name: BOZEMAN PUBLIC SAFETY TK ElevatorPO Box 3796Carol Stream, IL60132-3796 For overnight checks,please send to: DeluxeTK Elevator 37965450 N. Cumberland Ave.Chicago, IL 60656 Customer Number: Quote Number: 7997153 2025-2-1916082 Reference ID: ACIA-2BVS5EW RemittanceAmount: $1,976.92 2025-2-1916082 | ACIA-2BVS5EW | May 22, 2025 141 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Assistant City Manager David Arnado - Facilities Superintendent Max Ziegler - Facilities Assistant Superintendent SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with K2 Ventures Inc. for FY26-FY30 Facilities Snow Removal Services MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with K2 Ventures Inc. for FY26-FY30 Facilities Snow Removal Services STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman Facilities Department manages the operation and maintenance of City owned facilities, including the contracting of 3rd party contractors to provide ongoing maintenance services such as landscaping, janitorial services, and snow removal. The Facilities Department contracts for these services on a 5-year term basis, with our expiring snow removal contract covering Fiscal Years FY21-FY25. To solicit contractors for a new 5- year term to cover Fiscal Years FY26-FY30, the Facilities Dept. published a Request for Proposals on August 9, 2025 seeking proposals to provide parking lot and sidewalk snow removal services for: Bozeman Public Safety Center, Bozeman City Hall, Bozeman Public Library, Alfred Stiff Professional Building, Bozeman Senior Center, Fire Station 2, and Fire Station 3. Proposals received in response to the RFP were reviewed scored by a committee of 4 members of the Facilities Dept., with the top two scoring firms invited to interview with the committee. Based on the evaluation of the proposal scoring and subsequent interviews, K2 Ventures Inc. was identified as the lowest responsible proposer for this contract and was selected for award of the contract. This contract for snow removal services will be for an initial term of 3 years with the option to renew annually for a maximum term of 5 years. The contractor will be responsible for plowing parking lots and drive lanes, clearing sidewalks, and mitigating ice. Services provided under this contract will billed on a per-unit basis dependent on snowfall. UNRESOLVED ISSUES:None at this time. 142 ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:This contract will incur expenses on a per-service basis according to the pricing sheets included in Exhibit A, to be paid from the Facilities Dept. operating budget. Attachments: PSA - Snow Removal Services FY26-30 - K2 Ventures_Draft.pdf Report compiled on: October 3, 2025 143 Professional Services Agreement for Facilities Snow Removal Services FY2026 – FY2030 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ 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, K2 Ventures Inc., 4545 Spain Bridge Rd., Belgrade, MT 59714, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of June 2028, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the 144 Professional Services Agreement for Facilities Snow Removal Services FY2026 – FY2030 Page 2 of 11 Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is 145 Professional Services Agreement for Facilities Snow Removal Services FY2026 – FY2030 Page 3 of 11 defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or 146 Professional Services Agreement for Facilities Snow Removal Services FY2026 – FY2030 Page 4 of 11 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. 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 147 Professional Services Agreement for Facilities Snow Removal Services FY2026 – FY2030 Page 5 of 11 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. 148 Professional Services Agreement for Facilities Snow Removal Services FY2026 – FY2030 Page 6 of 11 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. 149 Professional Services Agreement for Facilities Snow Removal Services FY2026 – FY2030 Page 7 of 11 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 Max Ziegler, Facilities Assistant Superintendent, 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 Webster Rhodes, 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 150 Professional Services Agreement for Facilities Snow Removal Services FY2026 – FY2030 Page 8 of 11 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. 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. 151 Professional Services Agreement for Facilities Snow Removal Services FY2026 – FY2030 Page 9 of 11 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. 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 152 Professional Services Agreement for Facilities Snow Removal Services FY2026 – FY2030 Page 10 of 11 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. 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. 153 Professional Services Agreement for Facilities Snow Removal Services FY2026 – FY2030 Page 11 of 11 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 for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than June 30th, 2030. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 154 EXHIBIT A 155 Attachment – A Scope of Services - Snow Removal Contract Bozeman Public Library, Bozeman Senior Center, Bozeman Public Safety Center FY 2026 – 2030 Page 1 of 5 Attachment – A Snow Removal Contract FY 2026 – 2030 Bozeman Public Library Bozeman Senior Center Bozeman Public Safety Center Scope of Services and Frequency and Work Schedule [Contractors Name] 1. Location of Services. The buildings that services are to be provided for are: Bozeman Public Library – 626 E Main St Per Site Plan Drawing Cost: $_________ Plow Parking Area per service Cost: $_________ Plow/Shovel Walks per service Cost: $_________ Sand Parking Area as needed per service Cost: $_________ /hr per machine Haul/Relocate Snow Onsite and slush plow/scape Cost: $_________ /lb Spread Ice Melt (if needed) Depth Upcharge for snow accumulations over _______inches will result in ____% increase in service line item. Bozeman Senior Center – 807 N Tracy Ave Per Site Plan Drawing Cost: $_________ Plow Parking Area per service Cost: $_________ Plow/Shovel Walks per service Cost: $_________ Sand Parking Area as needed per service Cost: $_________ /hr per machine Haul/Relocate Snow Onsite and slush plow/scape 350 275 150 175 1.25 n/a n/a 190 100 150 175 156 Attachment – A Scope of Services - Snow Removal Contract Bozeman Public Library, Bozeman Senior Center, Bozeman Public Safety Center FY 2026 – 2030 Page 2 of 5 Cost: $_________ /lb Spread Ice Melt (if needed) Depth Upcharge for snow accumulations over _______inches will result in ____% increase in service line item. Bozeman Public Safety Center – 901 N Rouse Ave Per Site Plan Drawing Cost: $_________ Plow Parking Area per service Cost: $_________ Plow/Shovel Walks per service Cost: $_________ Sand Parking Area as needed per service Cost: $_________ /hr per machine Haul/Relocate Snow Onsite and slush plow/scape Cost: $_________ /lb Spread Ice Melt (if needed) Depth Upcharge for snow accumulations over _______inches will result in ____% increase in service line item. 2. General Conditions. a. Billing will be on an itemized basis for each service and each site independently. If more than one site is part of the contract each site will be invoiced separately. b. Snow removal for parking lots shall occur when snow accumulation is one (1) inch or greater and ½ inch for the sidewalks. c. Snow removal from all sidewalks shall be completed prior to 8 a.m., or within four hours after any snow or ice deposit. Snow will be disposed of in Snow Removal Storage Areas noted on Snow Removal Plan maps. d. If weather conditions warrant, aggregate may need to be applied to lots or sidewalks. Ice melt containing high concentrations of salt will be avoided, in order to protect landscaping and reduce saline run-off into adjacent waterways or storm sewers. e. Contractor shall maintain clear access to Fire Hydrants located within the work area as shown on Snow Removal Plan Maps 1.25 n/an/a 650 425 150 175 1.25 n/a n/a 157 Attachment –A Scope of Services - Snow Removal Contract Bozeman Public Library, Bozeman Senior Center, Bozeman Public Safety Center FY 2026 –2030 Page 3 of 5 f. Contractor shall keep storm drain inlets clear within parking lots to maintain drainagefor snowmelt. Contractor is not responsible for stormwater inlets on public street frontages or in landscaped areas. g. The City may request the Contractor dispose of accumulated snow off-site if on- site storage reaches capacity. Identification of an off-site snow storage area will be the responsibility of the Contractor. The City does not have any designated snow storage areas. h. At the end of the snow season, the Contractor will be responsible for repairing any damaged irrigation heads and other irrigation components. The Contractor will also be responsible for the replacement and pinning of any curb stops disturbed during the snow removal process for that season and any other damage that occurs to City property or to the property of third parties.In the event curb stops are disturbed that create an immediate safety hazard that cannot wait until the end of season, they will be replaced and pin at the time in a timely manner following notification from City representative. i. Contractor may invoice the City on a monthly basis for services rendered. The invoice will list the dates of service, the type of service provided, for each city facility or parking lot. 3.Hours During Which Work is to be Performed:The work under this Agreement is to be performed during non-business hours. The hours will be established by the Contractor and conveyed to the City’s Representative. Hours will reflect the limitation of work hours established by Chapter 16, Article 6, Bozeman Municipal Code. Where possible, consideration will be given for adjoining property owners so as not to disrupt their activities. Specific hours will be agreed to prior to the commencement of services and any deviation from this schedule will be approved by the City’s Representative. 4.Emergency Call Out:In the event of an emergency, the Contractor will be notified by the City’s Representative and may be requested to provide immediate service. For emergency services, payment shall be performed at a cost not greater than one and one-half times the standard hourly rate. 5.Changes in Square Footages of Buildings Served:Any changes in square footages in any of the buildings served under this Agreement shall be forwarded by the City to the Contractor at least thirty days prior to any change in services to be provided. The addition or deletion of square footages shall be accommodated by adjusting the cost per facility on a cost-per- square-foot basis, per the amounts bid for each building. 158 Attachment – A Scope of Services - Snow Removal Contract Bozeman Public Library, Bozeman Senior Center, Bozeman Public Safety Center FY 2026 – 2030 Page 4 of 5 6. Inspection and Complaints: a. Any complaints received by the Contractor regarding the Contractor’s performance under this Agreement shall be directed by the Contractor to the City’s Representative shall be in writing, and shall state the nature of the complaint and, if possible, the complainant’s contact information. b. Services found by the City to be incomplete, defective or not accomplished as scheduled will be reported in writing to the Contractor for appropriate corrective action. c. In addition, if the City’s Representative determines the Contractor’s performance constitutes a hazard or creates an unsafe condition, the City’s Representative shall inform the Contractor and the Contractor shall take immediate corrective action at no additional expense to the City to correct the hazardous or unsafe condition. If authorized by the City’s Representative, the Contractor may take corrective action during the next work period. For subsections a – c, above, the City’s Representative shall forward a written report describing the corrective action to the Contractor for his/her record and response. Within ten (10) days of receiving the report the Contractor shall provide the City’s Representative with a written and signed response. The City shall retain the right to determine whether an adequate level of service and workmanship is being maintained. Repetitive nonconformity in any one area or consistent overall nonconformance to workmanship and standards may result in termination of the contract and/or other action as deemed necessary by the City. 7. Maintenance of Equipment. All Contractor supplies, equipment, and machines shall be kept out of traffic lanes, (except when moving material), or other areas where they might pose a hazard and shall be secured or removed from the premises at the end of each work period. 8. Maintaining of Contractor’s Log. The Contractor shall maintain a daily log for each facility, for each day of service showing the following information: a. Names of authorized Contractor's employees conducting the work; b. Time of entry and departure; and c. Note any safety or security problems that arise. 159 Attachment –A Scope of Services - Snow Removal Contract Bozeman Public Library, Bozeman Senior Center, Bozeman Public Safety Center FY 2026 –2030 Page 5 of 5 The Contractor’s daily log shall be provided to the City on request. 9.Owner Inspections.The City may conduct inspections of services provided under this Agreement. The City may prepare a check-off sheet to record all work accomplished by the Contractor. 10.Equipment. The Contractor shall furnish all supplies and equipment necessary for accomplishment of all work as specified and all equipment shall be kept out of traffic lanes, (except when moving material), or other areas where they might pose a hazard and shall be secured or removed from the premises at the end of each work period. 160 612:5(029$/3/$1%2=(0$138%/,&/,%5$5<1257+(0$,167%2=(0$107&LW\RI%R]HPDQ3DYHPHQW$FUHV6LGHZDON$FUHV6WRUPZDWHU,QOHWV)LUH+\GUDQWV6QRZ$FFXPXODWLRQ=RQHV3DYHPHQW6LGHZDONm 86)HHW161 612:5(029$/3/$1%2=(0$138%/,&/,%5$5<6287+(0$,167%2=(0$107&LW\RI%R]HPDQ3DYHPHQW$FUHV6LGHZDON$FUHV6WRUPZDWHU,QOHWV)LUH+\GUDQWV6QRZ$FFXPXODWLRQ=RQHV3DYHPHQW6LGHZDONm 86)HHW162 612:5(029$/3/$1%2=(0$16(1,25&(17(5175$&<$9(%2=(0$107&LW\RI%R]HPDQ3DYHPHQW$FUHV6LGHZDON$FUHV6WRUPZDWHU,QOHWV)LUH+\GUDQWV6QRZ$FFXPXODWLRQ=RQHV3DYHPHQW6LGHZDONm 86)HHW163 612:5(029$/3/$1%2=(0$138%/,&6$)(7<&(17(51257+15286($9(%2=(0$107&LW\RI%R]HPDQ3DYHPHQW$FUHV6LGHZDON$FUHV6WRUPZDWHU,QOHWV)LUH+\GUDQWV6QRZ$FFXPXODWLRQ=RQHV3DYHPHQW6LGHZDONm 86)HHW164 612:5(029$/3/$1%2=(0$138%/,&6$)(7<&(17(51257+15286($9(%2=(0$107&LW\RI%R]HPDQ3DYHPHQW$FUHV6LGHZDON$FUHV6WRUPZDWHU,QOHWV)LUH+\GUDQWV6QRZ$FFXPXODWLRQ=RQHV3DYHPHQW6LGHZDONm 86)HHW165 Attachment – B Scope of Services - Snow Removal Contract Bozeman City Hall, Alfred Stiff Professional Building FY 2026 – 2030 Page 1 of 4 Attachment – B Snow Removal Contract FY 2026 – 2030 Bozeman City Hall Alfred Stiff Professional Building Scope of Services and Frequency and Work Schedule [Contractors Name] 1. Location of Services. The buildings that services are to be provided for are: Bozeman City Hall – 121 N Rouse Ave Per Site Plan Drawing Cost: $_________ Plow Parking Area per service Cost: $_________ Plow/Shovel Walks per service Cost: $_________ Sand Parking Area as needed per service Cost: $_________ /hr per machine Haul/Relocate Snow Onsite and slush plow/scape Cost: $_________ /lb Spread Ice Melt (if needed) Depth Upcharge for snow accumulations over _______inches will result in ____% increase in service line item. Alfred Stiff Professional Building – 20 E Olive St Per Site Plan Drawing Cost: $_________ Plow Parking Area per service Cost: $_________ Plow/Shovel Walks per service Cost: $_________ Sand Parking Area as needed per service Cost: $_________ /hr per machine Haul/Relocate Snow Onsite and slush plow/scape Cost: $_________ /lb Spread Ice Melt (if needed) 200 200 150 n/a n/a 200 125 150 175 1.25 175 1.25 166 Attachment – B Scope of Services - Snow Removal Contract Bozeman City Hall, Alfred Stiff Professional Building FY 2026 – 2030 Page 2 of 4 Depth Upcharge for snow accumulations over _______inches will result in ____% increase in service line item. 2. General Conditions. a. Billing will be on an itemized basis for each service and each site independently. If more than one site is part of the contract each site will be invoiced separately. b. Snow removal for parking lots shall occur when snow accumulation is one (1) inch or greater and ½ inch for the sidewalks. c. Snow removal from all sidewalks shall be completed prior to 8 a.m., or within four hours after any snow or ice deposit. Snow will be disposed of in Snow Removal Storage Areas noted on Snow Removal Plan maps. d. If weather conditions warrant, aggregate may need to be applied to lots or sidewalks. Ice melt containing high concentrations of salt will be avoided, in order to protect landscaping and reduce saline run-off into adjacent waterways or storm sewers. e. Contractor shall maintain clear access to Fire Hydrants located within the work area as shown on Snow Removal Plan Maps f. Contractor shall keep storm drain inlets clear within parking lots to maintain drainage for snowmelt. Contractor is not responsible for stormwater inlets on public street frontages or in landscaped areas. g. The City may request the Contractor dispose of accumulated snow off-site if on- site storage reaches capacity. Identification of an off-site snow storage area will be the responsibility of the Contractor. The City does not have any designated snow storage areas. h. At the end of the snow season, the Contractor will be responsible for repairing any damaged irrigation heads and other irrigation components. The Contractor will also be responsible for the replacement and pinning of any curb stops disturbed during the snow removal process for that season and any other damage that occurs to City property or to the property of third parties. In the event curb stops are disturbed that create an immediate safety hazard that cannot wait until the end of season, they will be replaced and pin at the time in a timely manner following notification from City representative. n/a n/a 167 Attachment –B Scope of Services - Snow Removal Contract Bozeman City Hall, Alfred Stiff Professional Building FY 2026 –2030 Page 3 of 4 i. Contractor may invoice the City on a monthly basis for services rendered. The invoice will list the dates of service, the type of service provided, for each city facility or parking lot. 3.Hours During Which Work is to be Performed:The work under this Agreement is to be performed during non-business hours. The hours will be established by the Contractor and conveyed to the City’s Representative. Hours will reflect the limitation of work hours established by Chapter 16, Article 6, Bozeman Municipal Code. Where possible, consideration will be given for adjoining property owners so as not to disrupt their activities. Specific hours will be agreed to prior to the commencement of services and any deviation from this schedule will be approved by the City’s Representative. 4.Emergency Call Out:In the event of an emergency, the Contractor will be notified by the City’s Representative and may be requested to provide immediate service. For emergency services, payment shall be performed at a cost not greater than one and one-half times the standard hourly rate. 5.Changes in Square Footages of Buildings Served:Any changes in square footages in any of the buildings served under this Agreement shall be forwarded by the City to the Contractor at least thirty days prior to any change in services to be provided. The addition or deletion of square footages shall be accommodated by adjusting the cost per facility on a cost-per- square-foot basis, per the amounts bid for each building. 6.Inspection and Complaints: a.Any complaints received by the Contractor regarding the Contractor’s performance under this Agreement shall be directed by the Contractor to the City’s Representative shall be in writing, and shall state the nature of the complaint and, if possible, the complainant’s contact information. b. Services found by the City to be incomplete, defective or not accomplished as scheduled will be reported in writing to the Contractor for appropriate corrective action. c.In addition, if the City’s Representative determines the Contractor’s performance constitutes a hazard or creates an unsafe condition, the City’s Representative shall inform the Contractor and the Contractor shall take immediate corrective action at no additional expense to the City to correct the hazardous or unsafe condition. If 168 Attachment – B Scope of Services - Snow Removal Contract Bozeman City Hall, Alfred Stiff Professional Building FY 2026 – 2030 Page 4 of 4 authorized by the City’s Representative, the Contractor may take corrective action during the next work period. For subsections a – c, above, the City’s Representative shall forward a written report describing the corrective action to the Contractor for his/her record and response. Within ten (10) days of receiving the report the Contractor shall provide the City’s Representative with a written and signed response. The City shall retain the right to determine whether an adequate level of service and workmanship is being maintained. Repetitive nonconformity in any one area or consistent overall nonconformance to workmanship and standards may result in termination of the contract and/or other action as deemed necessary by the City. 7. Maintenance of Equipment. All Contractor supplies, equipment, and machines shall be kept out of traffic lanes, (except when moving material), or other areas where they might pose a hazard and shall be secured or removed from the premises at the end of each work period. 8. Maintaining of Contractor’s Log. The Contractor shall maintain a daily log for each facility, for each day of service showing the following information: a. Names of authorized Contractor's employees conducting the work; b. Time of entry and departure; and c. Note any safety or security problems that arise. The Contractor’s daily log shall be provided to the City on request. 9. Owner Inspections. The City may conduct inspections of services provided under this Agreement. The City may prepare a check-off sheet to record all work accomplished by the Contractor. 10. Equipment. The Contractor shall furnish all supplies and equipment necessary for accomplishment of all work as specified and all equipment shall be kept out of traffic lanes, (except when moving material), or other areas where they might pose a hazard and shall be secured or removed from the premises at the end of each work period. 169 612:5(029$/3/$1%2=(0$1&,7<+$//15286($9(%2=(0$107&LW\RI%R]HPDQ3DYHPHQW$FUHV6LGHZDON$FUHV6WRUPZDWHU,QOHWV)LUH+\GUDQWV6QRZ$FFXPXODWLRQ=RQHV3DYHPHQW6LGHZDONm 86)HHW170 612:5(029$/3/$1$/)5('67,))352)(66,21$/%8,/',1*(2/,9(67%2=(0$107&LW\RI%R]HPDQ3DYHPHQW$FUHV6LGHZDON$FUHV6WRUPZDWHU,QOHWV)LUH+\GUDQWV6QRZ$FFXPXODWLRQ=RQHV3DYHPHQW6LGHZDONm 86)HHW171 Attachment – C Scope of Services - Snow Removal Contract Fire Station 2 (New), Fire Station 2 (Old), Fire Station 3 FY 2026 – 2030 Page 1 of 5 Attachment – C Snow Removal Contract FY 2026 – 2030 Bozeman Fire Station 2 (New) Bozeman Fire Station 2 (Old) Bozeman Fire Station 3 Scope of Services and Frequency and Work Schedule [Contractors Name] 1. Location of Services. The buildings that services are to be provided for are: Bozeman Fire Station 2 (New)– 575 W Kagy Blvd Per Site Plan Drawing Cost: $_________ Plow Parking Area per service Cost: $_________ Plow/Shovel Walks per service Cost: $_________ Sand Parking Area as needed per service Cost: $_________ /hr per machine Haul/Relocate Snow Onsite and slush plow/scape Cost: $_________ /lb Spread Ice Melt (if needed) Depth Upcharge for snow accumulations over _______inches will result in ____% increase in service line item. Bozeman Fire Station 2 (Old) – 410 S 19th Ave Per Site Plan Drawing Cost: $_________ Plow Parking Area per service Cost: $_________ Plow/Shovel Walks per service Cost: $_________ Sand Parking Area as needed per service Cost: $_________ /hr per machine Haul/Relocate Snow Onsite and slush plow/scape 150 125 150 175 1.25 n/a n/a 100 80 150 175 172 Attachment – C Scope of Services - Snow Removal Contract Fire Station 2 (New), Fire Station 2 (Old), Fire Station 3 FY 2026 – 2030 Page 2 of 5 Cost: $_________ /lb Spread Ice Melt (if needed) Depth Upcharge for snow accumulations over _______inches will result in ____% increase in service line item. Bozeman Fire Station 3 – 1705 Vaquero Pkwy Per Site Plan Drawing Cost: $_________ Plow Parking Area per service Cost: $_________ Plow/Shovel Walks per service Cost: $_________ Sand Parking Area as needed per service Cost: $_________ /hr per machine Haul/Relocate Snow Onsite and slush plow/scape Cost: $_________ /lb Spread Ice Melt (if needed) Depth Upcharge for snow accumulations over _______inches will result in ____% increase in service line item. 2. General Conditions. a. Billing will be on an itemized basis for each service and each site independently. If more than one site is part of the contract each site will be invoiced separately. b. Snow removal for parking lots shall occur when snow accumulation is one (1) inch or greater and ½ inch for the sidewalks. c. Snow removal from all sidewalks shall be completed prior to 8 a.m., or within four hours after any snow or ice deposit. Snow will be disposed of in Snow Removal Storage Areas noted on Snow Removal Plan maps. d. If weather conditions warrant, aggregate may need to be applied to lots or sidewalks. Ice melt containing high concentrations of salt will be avoided, in order to protect landscaping and reduce saline run-off into adjacent waterways or storm sewers. e. Contractor shall maintain clear access to Fire Hydrants located within the work area as shown on Snow Removal Plan Maps 1.25 n/a n/a 175 150 150 175 1.25 n/a n/a 173 Attachment – C Scope of Services - Snow Removal Contract Fire Station 2 (New), Fire Station 2 (Old), Fire Station 3 FY 2026 – 2030 Page 3 of 5 f. Contractor shall keep storm drain inlets clear within parking lots to maintain drainage for snowmelt. Contractor is not responsible for stormwater inlets on public street frontages or in landscaped areas. g. The City may request the Contractor dispose of accumulated snow off-site if on- site storage reaches capacity. Identification of an off-site snow storage area will be the responsibility of the Contractor. The City does not have any designated snow storage areas. h. At the end of the snow season, the Contractor will be responsible for repairing any damaged irrigation heads and other irrigation components. The Contractor will also be responsible for the replacement and pinning of any curb stops disturbed during the snow removal process for that season and any other damage that occurs to City property or to the property of third parties. In the event curb stops are disturbed that create an immediate safety hazard that cannot wait until the end of season, they will be replaced and pin at the time in a timely manner following notification from City representative. i. Contractor may invoice the City on a monthly basis for services rendered. The invoice will list the dates of service, the type of service provided, for each city facility or parking lot. 3. Hours During Which Work is to be Performed: The work under this Agreement is to be performed during non-business hours. The hours will be established by the Contractor and conveyed to the City’s Representative. Hours will reflect the limitation of work hours established by Chapter 16, Article 6, Bozeman Municipal Code. Where possible, consideration will be given for adjoining property owners so as not to disrupt their activities. Specific hours will be agreed to prior to the commencement of services and any deviation from this schedule will be approved by the City’s Representative. 4. Emergency Call Out: In the event of an emergency, the Contractor will be notified by the City’s Representative and may be requested to provide immediate service. For emergency services, payment shall be performed at a cost not greater than one and one-half times the standard hourly rate. 5. Changes in Square Footages of Buildings Served: Any changes in square footages in any of the buildings served under this Agreement shall be forwarded by the City to the Contractor at least thirty days prior to any change in services to be provided. The addition or deletion of square footages shall be accommodated by adjusting the cost per facility on a cost-per- square-foot basis, per the amounts bid for each building. 174 Attachment – C Scope of Services - Snow Removal Contract Fire Station 2 (New), Fire Station 2 (Old), Fire Station 3 FY 2026 – 2030 Page 4 of 5 6. Inspection and Complaints: a. Any complaints received by the Contractor regarding the Contractor’s performance under this Agreement shall be directed by the Contractor to the City’s Representative shall be in writing, and shall state the nature of the complaint and, if possible, the complainant’s contact information. b. Services found by the City to be incomplete, defective or not accomplished as scheduled will be reported in writing to the Contractor for appropriate corrective action. c. In addition, if the City’s Representative determines the Contractor’s performance constitutes a hazard or creates an unsafe condition, the City’s Representative shall inform the Contractor and the Contractor shall take immediate corrective action at no additional expense to the City to correct the hazardous or unsafe condition. If authorized by the City’s Representative, the Contractor may take corrective action during the next work period. For subsections a – c, above, the City’s Representative shall forward a written report describing the corrective action to the Contractor for his/her record and response. Within ten (10) days of receiving the report the Contractor shall provide the City’s Representative with a written and signed response. The City shall retain the right to determine whether an adequate level of service and workmanship is being maintained. Repetitive nonconformity in any one area or consistent overall nonconformance to workmanship and standards may result in termination of the contract and/or other action as deemed necessary by the City. 7. Maintenance of Equipment. All Contractor supplies, equipment, and machines shall be kept out of traffic lanes, (except when moving material), or other areas where they might pose a hazard and shall be secured or removed from the premises at the end of each work period. 8. Maintaining of Contractor’s Log. The Contractor shall maintain a daily log for each facility, for each day of service showing the following information: a. Names of authorized Contractor's employees conducting the work; b. Time of entry and departure; and c. Note any safety or security problems that arise. 175 Attachment – C Scope of Services - Snow Removal Contract Fire Station 2 (New), Fire Station 2 (Old), Fire Station 3 FY 2026 – 2030 Page 5 of 5 The Contractor’s daily log shall be provided to the City on request. 9. Owner Inspections. The City may conduct inspections of services provided under this Agreement. The City may prepare a check-off sheet to record all work accomplished by the Contractor. 10. Equipment. The Contractor shall furnish all supplies and equipment necessary for accomplishment of all work as specified and all equipment shall be kept out of traffic lanes, (except when moving material), or other areas where they might pose a hazard and shall be secured or removed from the premises at the end of each work period. 176 612:5(029$/3/$1%2=(0$1),5(67$7,21:.$*<%/9'%2=(0$107&LW\RI%R]HPDQ3DYHPHQW$FUHV6LGHZDON$FUHV6WRUPZDWHU,QOHWV)LUH+\GUDQWV6QRZ$FFXPXODWLRQ=RQHV3DYHPHQW6LGHZDONm 86)HHW177 612:5(029$/3/$1),5(67$7,212/'67+$9(%2=(0$107&LW\RI%R]HPDQ3DYHPHQW$FUHV6LGHZDON$FUHV6WRUPZDWHU,QOHWV)LUH+\GUDQWV6QRZ$FFXPXODWLRQ=RQHV3DYHPHQW6LGHZDONm 86)HHW178 612:5(029$/3/$1),5(67$7,219$48(523.:<%2=(0$107&LW\RI%R]HPDQ3DYHPHQW$FUHV6LGHZDON$FUHV6WRUPZDWHU,QOHWV)LUH+\GUDQWV6QRZ$FFXPXODWLRQ=RQHV3DYHPHQW6LGHZDONm 86)HHW179 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Project Engineer Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with HDR Engineering, Inc. for the Lyman Transmission Predesign Phase Services Project MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with HDR Engineering, Inc. for the Lyman Transmission Predesign Phase Services Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Lyman Creek is the City of Bozeman’s original municipal water supply, dating back to the late 19th century, and provides approximately twenty percent of the City’s water. The supply originates as a spring on the western side of the Bridger Range and is conveyed, stored, and treated before entering the distribution system in the northeast corner of the City. The transmission system for the Lyman supply varies in age, with the oldest components still in use approaching 100 years of service. The Lyman transmission system comprises both raw and potable mains. The raw water transmission main runs for approximately two miles from the spring source to the reservoir’s inlet building. The main is a mix of 16-inch ductile iron and 18-inch asbestos concrete and cast iron. The potable water portion runs approximately two miles from the Lyman Reservoir outlet building to the Pear Street Booster Station. The main is primarily 18-inch cast iron originally installed in the 1920s, with some minor segments upgraded to ductile iron in 1969, 2006, 2007 and 2021. The City recognizes the need to proactively plan and maintain its water system, and in doing so, is initiating the predesign phase of the Lyman Transmission Project, identified in the City’s Capital Improvement Program (CIP) as Project No. W87. The predesign phase of the project will entail a detailed condition assessment of the Lyman Creek system potable water transmission main and the 18-inch asbestos concrete portion of the raw 180 water main, known to be the most critical, to thoroughly understand the condition of the system. Using the condition assessment, an engineering analysis will be performed to arrive at recommendations about how best to rehabilitate the transmission system. From the recommendations, the City will determine how to move forward into the design and construction phases of the project. HDR Engineering, Inc. was selected to provide engineering services for the Lyman Transmission project pursuant to formal procurement action under Sec. 18-8-204 Montana Code Annotated. The scope of service in the attached professional services agreement (PSA) with HDR covers the entirety of the predesign phase. Note that both the Lyman Transmission Predesign and the Lyman Reservoir Predesign, currently underway, are both identified in the CIP No. W87, the efforts are separate. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:The negotiated costs for the attached PSA total $448,905. These costs are funded by Commission approved budget appropriations for CIP No. W87. Including the Lyman Reservoir Predesign, the current unobligated budget authority available in FY26 for CIP No. W87 is $796,600. Adequate funding exists to cover the cost of the negotiated PSA. Attachments: Lyman Transmission Predesign_PSA_HDR.pdf Report compiled on: October 8, 2025 181 Professional Services Agreement for City of Bozeman Lyman Transmission Condition Assessment Predesign Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ 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, HDR Engineering, Inc (HDR) at 2150 Analysis Drive, Bozeman, MT 59718, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City professional services for the City of Bozeman Lyman Transmission Main Condition Assessment Predesign (the “Project”). 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will expire on December 31st, 2026, unless extended or terminated as specifically provided for within the agreement. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the Scope of Services attached hereto as Exhibit A and by reference made a part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Contractor may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to Contractor’s Consultants, specialty contractors, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: City agrees to pay Contractor for the completion of the Scope of Services a cost not-to-exceed the amount of $448,905. a. The actual amount paid shall be equal to the cumulative hours charged to the Project by each class of Contractor’s personnel multiplied by the standard hourly rates for each 182 Professional Services Agreement for City of Bozeman Lyman Transmission Condition Assessment Predesign Page 2 of 13 applicable billing class for all services performed on the Project, plus Reimbursable Expenses (defined in Section 9 of this Agreement) and any Contractor’s Consultant charges. Contractor’s Standard Hourly Rates and Reimbursable Expenses Schedule are attached hereto as Exhibit C and are by reference made a part of this Agreement. b. The standard hourly rates charged by Contractor constitute full and complete compensation for Contractor’s services, including labor costs, overhead, and profit; the standard hourly rates do not include Reimbursable Expenses or Contractor’s Consultant charges. c. A detailed breakdown of the cost amount for the Scope of Services, including personnel hours directly assigned to each task and the estimated Contractor’s Consultant charges, is attached hereto as Exhibit B and, by reference, made a part of this Agreement. d. Contractor may alter the distribution of compensation between individual tasks of the Scope of Services to be consistent with services actually rendered but shall in no case exceed the cost not-to-exceed amount as set forth above. 5. Reimbursable Expenses: As defined in Section 9 of this Agreement, for completion of the Scope of Services and any approved Additional Services, Reimbursable Expenses shall be paid to the Contractor by the City in the actual amount of the expenses incurred per expense rates contained in the Contractor’s Reimbursable Expenses Schedule provided in Exhibit C. 6. Contractor’s Consultants: Whenever Contractor is entitled to compensation for the charges of Contractor’s Consultants, those charges shall be the amounts billed by Contractor’s Consultants to Contractor times a factor of 1.05. This factor shall cover Contractor’s overhead and profit associated with Contractor’s responsibility for the administration of such services and costs. 7. Additional Services: The City may request Contractor to perform any Project-related Additional Services not otherwise provided for in this Agreement. If the City requests such Additional Services, it shall so instruct the Contractor in writing, and the Contractor shall perform, or direct Contractor’s Consultants to perform, such work necessary to complete the Additional Services requested. The City and Contractor shall mutually agree upon a cost amount and basis of payment for any Additional Services prior to Contractor proceeding with such Additional Services. 8. Times of Payments: Contractor may submit monthly billing statements to the City. Billing amounts shall be based on the cumulative hours charged to each task of the Scope of Services during the billing period by each class of Contractor’s employees multiplied by the standard 183 Professional Services Agreement for City of Bozeman Lyman Transmission Condition Assessment Predesign Page 3 of 13 hourly rates for each applicable billing class, plus Reimbursable Expenses and Contractor’s Consultants’ charges and any approved Additional Services rendered. The billing statements shall include an estimated percent completion for each task at the time of billing. 9. Meaning of Terms: a. Additional Services: Additional Services means services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by the City where changes are due to causes beyond the Contractor’s control. Additional Services can also mean providing other services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services. b. Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. c. Reimbursable Expenses: Reimbursable Expenses mean the actual expenses incurred by the Contractor or Contractor’s Consultants directly in connection with the Project pursuant to the expense rates contained in the Contractor’s Reimbursable Expenses Schedule provided with Exhibit C, such as expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized technology or software subscription charges; reproduction of reports, technical memoranda, drawings, renderings and similar Project- related items. d. Contractor’s Consultants: Contractor’s Consultants means any independent professional associates working on the Project that are not directly employed by Contractor and have rather been hired by Contractor to serve a particular role or offer a particular service for the Project. 10. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. The Contractor will familiarized itself with the nature and extent of the assignment, 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 to City that it has the experience and ability to perform the services 184 Professional Services Agreement for City of Bozeman Lyman Transmission Condition Assessment Predesign Page 4 of 13 required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill ordinarily used by member in the same profession practicing at the same time and in the same locality; 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 standard of care. 11. Independent Contractor Status/Labor Relations: a. 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. b. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. c. Contractor shall furnish the 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. d. Contractor shall indemnify, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 12. Indemnity/Waiver of Claims/Insurance: a. 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, 185 Professional Services Agreement for City of Bozeman Lyman Transmission Condition Assessment Predesign Page 5 of 13 representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents; b. 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 willful misconduct of the Contractor or Contractor’s agents or employees. Defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of the Contractor’s actual liability obligation hereunder. c. 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). d. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. e. Should any indemnitee described herein 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 indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. f. 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. 186 Professional Services Agreement for City of Bozeman Lyman Transmission Condition Assessment Predesign Page 6 of 13 g. Contractor 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. h. These obligations shall survive termination of this Agreement and the services performed hereunder. i. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. j. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence and annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000 annual aggregate; and • Professional Liability - $2,000,000 per claim; $2,000,000 annual aggregate. k. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of 187 Professional Services Agreement for City of Bozeman Lyman Transmission Condition Assessment Predesign Page 7 of 13 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. 13. 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 or any individual Task Order under this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re- letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 14. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement; the City may terminate this Agreement or any Task Order under 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 or any Task Order under this Agreement and make every reasonable effort to 188 Professional Services Agreement for City of Bozeman Lyman Transmission Condition Assessment Predesign Page 8 of 13 refrain from continuing work, incurring additional expenses or costs under this Agreement or any Task Order 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. 15. 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. The Parties agree this provision does not apply to third party claims. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 16. Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Griffin Nielsen, PE 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 189 Professional Services Agreement for City of Bozeman Lyman Transmission Condition Assessment Predesign Page 9 of 13 Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as listed above 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 Jarrett Moran, PE 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. 17. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 18. 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. 19. Web Accessibility and the ADA: a. Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. b. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). 190 Professional Services Agreement for City of Bozeman Lyman Transmission Condition Assessment Predesign Page 10 of 13 c. The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 20. Nondiscrimination and Equal Pay: a. The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. b. 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. c. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 21. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: a. 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. 191 Professional Services Agreement for City of Bozeman Lyman Transmission Condition Assessment Predesign Page 11 of 13 City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. b. 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 his employees and agents in safe work practices. 22. 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 City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 23. 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. Upon reasonable written notice, 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. 24. Non-Waiver: A waiver by either party 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. 25. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 26. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 192 Professional Services Agreement for City of Bozeman Lyman Transmission Condition Assessment Predesign Page 12 of 13 27. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 28. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 29. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 30. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 31. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 32. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 33. 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. 34. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 35. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made 193 Professional Services Agreement for City of Bozeman Lyman Transmission Condition Assessment Predesign Page 13 of 13 prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 36. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. 37. 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 December 31st, 2029. 38. 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 instrument the day and year first above written. CITY OF BOZEMAN, MONTANA HDR CONTRACTOR By________________________________ By__________________________________ Chuck Winn, City Manager Tim Erickson Area Manager APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 194 City of Bozeman | Lyman Transmission Main CA Predesign Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 1 Exhibit A City of Bozeman Lyman Transmission Main Condition Assessment Predesign Scope of Services The following Scope of Services describes the work to be performed for the aboveground assessment, condition assessment, and predesign report for 12,870 LF (2.4 miles) of the Lyman Transmission Main which includes the following sections: • Section A: 2,773 LF (18-inch Cast Iron) and 870 LF (18-inch Ductile Iron) • Section B: 1,936 LF (18-inch Cast Iron) and 1,222 LF (18-inch Ductile Iron) • Section C: 3,787 LF (18-inch Cast Iron) • Section D: 2,282 LF (18-inch Asbestos Cement) Task 100 – Project Management Objective: Project management for the professional services Contract to provide completion of the project. This includes meetings and coordination, project management, and administrative activities. Subtasks 101 Coordination Meetings/Workshops. Conduct a Project Planning Workshop with key City of Bozeman (City) Staff to establish project goals and objectives, review the project decision process, define anticipated work products, identify information needed to perform the work, refine the schedule, and establish points of contact and project communication. Conduct monthly meetings with the City to review project progress, schedule and budget. Identify information needs and make decisions regarding changes in the scope of the project, the design, and the construction management efforts. 102 Project Administration. Prepare a progress report with each monthly invoice. Summarize the work progress to date, the budget expenditures to date, and identify information requirements or decisions that need to be made by the City. Task 100 Deliverables • Project progress reports, budget report, and invoices. • Meeting/workshop notes, as required. City Involvement: • Participate in the Project Planning Workshop. • Participate in various project meetings. • Review project status reports and approve invoices. • Review and approve modifications to approach, schedule, and deliverables as appropriate. 195 City of Bozeman | Lyman Transmission Main CA Predesign Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 2 Assumptions: • Project Planning Workshop will be held in person at the City’s Office (with a Teams Meeting option for HDR staff who may not be local). Task 200 – Aboveground Assessment Subtasks 201 Pipeline Walkover and Ground Surface Assessment. Perform a walkover of the transmission main route to document physical features above the pipeline, potential pipeline threats (e.g., increased overburden, nearby cathodic protection system, etc.), and to identify potential problem areas (e.g., wet spots, etc.). 202 Valve and Appurtenance Assessment. Perform a visual assessment of at-grade or exposed (in buried vaults) inline and branch valves and appurtenances. Prior to the assessment, review existing and available inline and branch valve data and appurtenance data, and coordinate with City Water and Sewer Operations Staff to visually assess inline and branch valves and appurtenances (e.g., air release, etc.). 203 Soil Corrosivity Survey, Sampling, and Analysis. Conduct corrosion evaluations to determine the aggressiveness of soil surrounding the pipeline and test potential areas of active corrosion. Soil corrosivity testing will include the following: • Conduct an electromagnetic soil conductivity survey (EMAG) to identify areas of low soil resistivity (i.e., high risk of external corrosion). • Conduct Wenner 4-Pin evaluations to provide detailed soil resistivity data at areas of interest identified by EMAG survey, and vertical data on soil strata resistivity. • Perform soil sampling and chemical analysis to characterize soil corrosivity. Analysis to be completed at HDR’s Soils Laboratory and include standard HDR soils laboratory suite of tests such as corrosivity (resistivity), pH, conductivity, chlorides and sulfates, calcium, magnesium, sodium, potassium, carbonate, bicarbonate, fluoride, and phosphate. 204 Pressure Transient Monitoring and Hydraulic Assessment. Install high frequency pressure monitoring loggers/equipment and collect data for the Lyman Transmission Main. Exact locations for temporary high frequency pressure monitoring loggers/equipment to be reviewed with City Staff prior to installation but will generally include one (1) location within the existing Pear Street Booster Station (on the suction side of the Pear Street Booster Pumps) and one (1) location along the upstream portion of the Lyman Transmission Main. High frequency pressure data will be utilized to evaluate operating and pressure transients, evaluate overall pipeline hydraulics, and to perform a C-factor analysis to identify areas of head loss from air pockets or debris build up. Task 200 Deliverables • Meeting/workshop notes, as required. • Inspection Plan. • Soils Analysis/Report. 196 City of Bozeman | Lyman Transmission Main CA Predesign Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 3 City Involvement: • Participate in Inspection Plan Review Meeting. • Participate in various project meetings. • Provide existing data and as-builts that may be available. Assumptions: • The City will be responsible for opening vaults/manholes for visual assessment of inline or branch valves and appurtenances. • EMAG will be performed over the length of the pipeline alignment, apart from impassible terrain. • The results of the EMAG survey will determine the Wenner 4-Pin locations. A total of ten (10) locations are assumed. • Soil samples will be collected at 0.5-mile intervals over the pipeline alignment. It is assumed five (5) samples will be taken over the pipeline, with five (5) additional samples to be taken at various Wenner 4-Pin locations. Soil samples will only be taken from unpaved areas with a geoprobe and will not require open cut or pavement/concrete restoration. • Close Interval Potential Survey (CIPS) will not be conducted over the pipeline alignment due to the Lyman Transmission Main being electrically discontinuous. • The City will assist in the coordination and installation of high frequency pressure monitoring loggers/equipment. • Transient pressure monitoring will be temporary and not long-term. The anticipated monitoring period is 90 days. • Hydraulic modeling will not be comprehensive and will only include the Lyman Transmission Mains that are being assessed. The purpose of the hydraulic model is for evaluating transient conditions and performing a C-Factor analysis. Task 300: Leak Detection, Pipe Wall Screening Condition Assessment, and Test Pitting Subtasks 301 Condition Assessment (Leak Detection and Pipe Wall Screening). HDR and KenWave Solutions, Inc. (KW) (subconsultant) will perform the condition assessment for 12,870 LF (2.4 miles) of the Lyman Transmission Main that will include the following sections: • Section A: 2,773 LF (18-inch Cast Iron) and 870 LF (18-inch Ductile Iron) • Section B: 1,936 LF (18-inch Cast Iron) and 1,222 LF (18-inch Ductile Iron) • Section C: 3,787 LF (18-inch Cast Iron) • Section D: 2,282 LF (18-inch Asbestos Cement) The condition assessment will include nonlinear vibroacoustic technology to identify leaks in the pipeline and to assess pipeline condition using external access points such as hydrants, control valves, or temporary potholes (installed via hydro excavation). A wave generator will introduce microscopic vibroacoustic signals into the water column, tuned to specific frequencies based on the pipe type and size, to excite the pipeline segment. The pipe vibrates at multiple resonance frequencies, which reflect localized wall stiffness. These frequencies will be recorded and 197 City of Bozeman | Lyman Transmission Main CA Predesign Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 4 localized using a cross-correlation function between two sensors. Post-inspection analysis will identify and locate leaks and pipe wall distress and will report residual wall thickness with a resolution of 5 to 10 feet. It is estimated that a total of sixteen (16) potholes will be required for access points. Preliminary pothole locations have been determined and two (2) are located in asphalt/street and fourteen (14) are located in grass/fields. The vertical sensor pipe that the sensors will be installed in will be a 6-inch Schedule 40 PVC pipe (with rubber gasket between PVC and the transmission main) with slip hub threaded adapter, threaded plug, and a cast valve box/cover. Final materials of construction for the vertical sensor pipes will be reviewed and approved by the City prior to installation. 302 Test Pitting. HDR and CK May Excavating (subcontractor) will perform open cut excavating for test pits and ultrasonic testing (UT) to confirm remaining pipeline wall thickness. HDR to select and coordinate exact locations of test pits based on condition assessment results. Five (5) test pits are planned along the 2.4 miles of the Lyman Transmission Main. Test pit dimensions are anticipated to be 16’L x 6’W x 8’D and test pit excavation work will be performed by CK May Excavating. Task 300 Deliverables • Meeting/workshop notes, as required. • Preliminary Leak Detection Results. • Draft Condition Assessment Report. • Final Condition Assessment Report. City Involvement: • Participate in various project meetings. Assumptions: • City will assist with utility locating prior to hydro excavations and test pit excavations. • City will provide preferred vertical sensor pipe details for street/asphalt and grass/field installations. • City will open seized lids and/or covers on valves or appurtenances that are being utilized for access point during the condition assessment. • City will operate the pipeline to maintain a minimum of 30 psi throughout the duration of the condition assessment. • Test pit locations are assumed to be outside of MDT right of way. • Dewatering and landscape restoration and/or seeding associated with the test pit excavations will be performed on an as-needed basis. Exclusions: • Removal of vertical sensor pipes. • Concrete collars for vertical sensor pipes. • Import bedding (with the exception of backfilling hydro excavated potholes). • Permitting and/or plan check fees. • City of Bozeman Street Cut Permit(s). 198 City of Bozeman | Lyman Transmission Main CA Predesign Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 5 Task 400: Predesign Report Subtasks 401 Predesign Report. HDR to develop a predesign report that compiles the condition assessment analysis (including location and magnitude of identified pipeline leaks), evaluation of soil assessments, incorporation of high frequency pressure monitoring data, pipe wall thickness data from test pitting, identification of pipeline sections that are in poor condition, and serviceability for each transmission main. The predesign report will include repair, rehabilitation, or replacement recommendations for each transmission main and categorize those recommendations into specific projects, which will include opinions of probable design and construction cost. The predesign report will include a list of permitting and regulatory requirements, applicable constructability requirements and/or limitations, and will also incorporate applicable pipeline management strategies (e.g., cathodic protection, permanent pipeline monitoring, etc.). 402 Preliminary Cost Estimate. Prepare Class 4 (-30% to +20%) Engineer’s Opinion of Probable Construction Cost (OPCC) for recommended projects based on the AACE International Cost Estimate Classification System.pinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of the Engineer’s experience and qualifications and represent its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over cost of labor, materials, equipment of services furnished by others, or over the contractor(‘s) methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. Task 400 Deliverables • Meeting/workshop notes, as required. • Draft Predesign Report. • Final Predesign Report. • Preliminary Cost Estimate(s). City Involvement: • Participate in Predesign Report and Recommendations Meeting. • Participate in Improvements Implementation Meeting. • Participate in various project meetings. 199 City of Bozeman | Lyman Transmission Main CA Predesign Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 6 Proposed Schedule • Contract Authorization: October 14, 2025 (Assumed) • Project Planning Workshop: October 16, 2025 • Aboveground Assessment: Week of October 27th, 2025 • Inspection Plan Review Meeting / Inspection Plan: Week of November 3rd, 2025 • Access Point Preparation: Week of November 3rd, 2025 o Estimated Duration: Grass/Field (4 to 5 days) o Estimated Duration: Asphalt/Street (1 day) • Condition Assessment: Week of November 10th and November 17th, 2025 • Preliminary Leak Detection Results: Week of November 17th, 2025 • Condition Assessment Data Processing / Analysis: November 2025 to February 2026 • DRAFT Condition Assessment Report: Week of February 9th, 2026 • FINAL Condition Assessment Report: February 23rd, 2026 • Rehabilitation and/or Replacement Alternatives: March 2026 to April 2026 • DRAFT Predesign Report: Week of April 13th, 2026 • Review Predesign Report and Recommendations with City: Week of April 27th, 2026 • FINAL Predesign Report: Week of May 11th, 2026 • Improvements Implementation Meeting: Week of May 25th, 2026 200 Client: Project:PrincipalProject ManagerHydraulic Modeling (Transient Analysis)Project EngineerCondition AssessmentCondition Assessment QA/QCPipeline RehabilitationPipeline Rehabiliation QA/QCCost EstimatingCorrosion/SoilsHDR Soils LabAdministrative AssistantProject AccountantTotal HoursLaborTOTAL DIRECT EXPENSESKenWave Solutions, Inc.CK May ExcavatingTotal FeeTask 100 101 32 24 12 6 6 80 18,134 102 2 40 8 32 82 14,824 2 72 24 12 6 6 8 32 162 32,958 200 201 12 24 8 44 8,524 202 12 24 36 5,724 203 24 24 50 98 22,860 204 32 24 16 4 76 14,504 80 24 88 12 50 254 51,612 300 301 56 80 80 6 4 8 32 266 49,276 302 32 40 2 74 13,060 88 120 80 8 4 8 32 340 62,336 400 401 48 8 40 8 8 40 2 8 6 168 38,764 402 24 4 16 44 12,288 72 8 40 8 12 40 2 24 6 212 51,052 2 312 32 272 88 44 46 6 24 70 32 8 32 968 197,958$ 25,738$ 118,581$ 106,628$ 448,905.00$ October 3, 2025 Project Management Coordination Meetings/Workshops Project Administration Task Description City of Bozeman Lyman Transmission Main Condition Assessment - Predesign Fee Estimate Total Fee Predesign Report Test Pitting Total Hours Predesign Report Subtotal Predesign Report Subtotal Leak Detection, Pipe Wall Screening Condition Assessment, and Test Pitting Preliminary Cost Estimate Condition Assessment (Leak Detection and Pipe Wall Screening) Aboveground Assessment Subtotal Aboveground Assessment Subtotal Project Management Pipeline Walkover and Ground Surface Assessment Leak Detection, Pipe Wall Screening Condition Assessment, and Test Pitting Valve and Appurtenance Assessment Soil Corrosivity Survey, Sampling, and Analysis Pressure Transient Monitoring and Hydraulic Assessment Exhibit B 201 BILLING CLASSIFICATION ENGINEERS Design Engineers 120.00$ -245.00$ Project Engineers / Project Managers 160.00$ -290.00$ Sr Engineers / Sr Project Managers 210.00$ -350.00$ Project Principal / Sr Technical Advisors 250.00$ -350.00$ DESIGNERS / TECHNICIANS / INSPECTORS 80.00$ -250.00$ CADD / BIM Specialist 80.00$ -210.00$ Project Support 80.00$ -230.00$ SUBSISTENCE (PER DIEM) TRAVEL Vehicles $0.75 /mile Rental Vehicles & Aircraft $Actual Cost /mile Travel expenses will be charged at the following rates unless a separate rate is negotiated for a specific MONTANA AREA Direct project expenses will be charged at the rates listed below unless a separate rate is negotiated for a specific project. 2025 CHARGEABLE EXPENSE SCHEDULE Subsistence such as meals and lodging while out on a project will be charged at actual cost or at the per diem rate negotiated for a specific project. 2025 HOURLY RATE SCHEDULE RATE RANGES Exhibit C 202 TELEPHONE/FAX/POSTAGE SPECIAL EQUIPMENT CHARGES Electronic Distance Measuring $10 /hr. GPS - Handheld $20 /hr. GPS - Survey Grade $50 /hr. Manta 3-Phase Test Set $40 /hr. Meggar Testing Equipment $250 /day Soil Resistivity Testing Equipment $500 /day UTV $350 /day PRINTING Based on Product Code - See Next Page for additional information SURVEYING SUPPLIES (Includes: Flagging, Stakes, Etc.)$50 /mile SUBCONSULTANTS OVERHEAD Long distance calls, telegrams, fax, cellular phone, and any special class postage will be charged at actual 2025 CHARGEABLE EXPENSE SCHEDULE (continued) Subconsultants and expenses may be subject to markup Overhead costs, such as rent, insurance, utilities, office furniture, employee benefits, and taxes are included in the hourly billing rates. 203 Description Lease 12 MTH Payments Lease 24 MTH Payments Lease 36 MTH Payments Lease 48 MTH Payments Lease 60 MTH Payments BW CPC* Color CPC* Supplies Included (1) Standard Ricoh IM C2500 $244.80 $131.38 $95.20 $77.67 $65.48 0.0065 0.029 YES (2) With Fax $280.64 $150.61 $109.14 $89.04 $75.07 (3) With Wi-Fi $265.30 $142.38 $103.18 $84.17 $70.96 (4) With Staple $285.19 $153.06 $110.91 $90.48 $76.28 (5) With Staple & Hole Punch $310.10 $166.42 $120.60 $98.38 $82.94 (6) With Staple & Fax $321.03 $172.29 $124.85 $101.85 $85.87 (7) With Staple, Hole Punch, & Fax $345.94 $185.66 $134.54 $109.75 $92.53 (8) With Wi-Fi & Staple $305.69 $164.06 $118.89 $96.99 $81.76 (9) With Wi-Fi, Staple, & Hole Punch $330.60 $177.43 $128.57 $104.89 $88.42 Description Lease 12 MTH Payments Lease 24 MTH Payments Lease 36 MTH Payments Lease 48 MTH Payments Lease 60 MTH Payments BW CPC* Color CPC* Supplies Included IM CW2200 - Standard $691.75 $365.45 $238.27 $193.19 $162.84 0.0127 0.0489 NO IM CW2200 - Second Paper Roll Arm $818.41 $432.34 $280.93 $228.00 $192.18 Description Lease 12 MTH Payments Lease 24 MTH Payments Lease 36 MTH Payments Lease 48 MTH Payments Lease 60 MTH Payments BW CPC* Color CPC* Supplies Included (1) Standard Ricoh IM C2500 $443.60 $230.35 $164.70 $131.50 $111.60 0.0128 0.0748 YES (2) With Fax $465.78 $241.87 $172.94 $138.08 $117.18 (3) With Wi-Fi $481.75 $250.16 $178.86 $142.81 $121.20 (4) With Staple $494.61 $256.84 $183.64 $146.62 $124.43 (5) With Staple & Hole Punch $528.77 $274.58 $196.32 $156.75 $133.03 (6) With Staple & Fax $516.79 $268.36 $191.88 $153.20 $130.01 (7) With Staple, Hole Punch, & Fax $550.95 $286.09 $204.56 $163.32 $138.61 (8) With Wi-Fi & Staple $532.76 $276.65 $197.80 $157.93 $134.03 (9) With Wi-Fi, Staple, & Hole Punch $566.92 $294.39 $210.49 $168.06 $142.62 Description Lease 12 MTH Payments Lease 24 MTH Payments Lease 36 MTH Payments Lease 48 MTH Payments Lease 60 MTH Payments BW CPC* Color CPC* Supplies Included IM CW2200 - Standard $1,065.00 $555.84 $399.28 $320.60 $272.84 0.0330 0.0430 NO IM CW2200 - Second Paper Roll Arm $1,210.59 $630.55 $452.98 $362.68 $306.55 Plotter Options Plotter Options *All Cost-Per-Click (CPC) rates listed are for each 8.5x11 size print for copiers; 11x17 count as two clicks. For plotters the CPC rate is for each square foot. US Rates - Project Offices Only Copier Options Canadian Rates - Project Offices Only Copier Options (Prices shown below in Canadian dollars) (Prices shown below in US dollars) 204 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign Amendment 1 to Task Order 2023TE-006 with Sanbell to Provide Construction Bidding Services, and Construction Administration and Inspection Services for the West Oak Street and Ferguson Avenue Intersection Project MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment #1 to Task Order 2023TE- 006 with Sanbell to Provide Construction Bidding Services, and Construction Administration and Inspection Services for the West Oak Street and Ferguson Avenue Intersection Project. 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:Transportation Engineering Term Contract Task Order 2023TETC-006 with Sanbell provides for professional design services for the West Oak Street and Ferguson Avenue Intersection Project (Project). The Project will incorporate Oak Street and Ferguson Avenue left-turn lanes, removal of Ferguson Avenue northbound right-turn only lane, and Oak Street median closure of Ryun Sun Way. Amendment #1 will provide Construction Bidding Services and Construction Administration and Inspection Services to support Transportation and Engineering staff with Project construction. Staff has reviewed the proposed scope and fee and recommends authorizing the City Manager to sign Amendment #1 to Task Order 2023TETC-006. The approved FY26 Operating Budget appropriated $900,000 for project SIF188 including Construction Bidding Services, and Construction Administration and Inspection Services. UNRESOLVED ISSUES:None identified. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:Amendment #1 to Task Order 2023TETC-006 provides additional 205 professional services on a time and materials basis with an estimated fee of $22,940. The funds for this amendment are currently available in the FY26 Operating Budget as part of SIF 188 - Oak St Intersections. Attachments: Amendment #1 to Task Order TE23-006_Oak_Ferguson.pdf Report compiled on: October 2, 2025 206 AMEND. TO SERVICES AGREE. OCTOBER 2024PAGE 1 OF 1 AMENDMENT TO SERVICES AGREEMENT – NO. 1 1. PROJECT/SERVICES AGREEMENT INFORMATION Effective Date of Original Services Agreement: 2/4/25 Project Name: TE23-006 West Oak St & Ferguson Intersection Design Project Number: 22367.07 Client Name: City of Bozeman Transportation & Engineering Department 2. NATURE OF AMENDMENT ☒Modifications to Sanbell scope of work and/or contract fee amount ☒Modifications to project schedule 3. DESCRIPTION OF SERVICES AGREEMENT MODIFICATIONS Phase 5 – Construction Bidding Services Phase 6 – Construction Admin & Inspection 4. FEE MODIFICATIONS Original services agreement fee: $48,5000 Total fees for prior Amendments: $0 Total services agreement fee with prior Amendments: $48,500 Proposed fee for this Amendment: $22,940 Total services agreement fee with all Amendments: $71,440 Client and Sanbell hereby agree to modify the above-referenced Services Agreement as set forth in this Amendment. All provisions of the Services Agreement not specifically modified by this or any prior Amendments shall remain in effect. The effective date of this Amendment shall be the signature date of the Client as shown below. CLIENT SANBELL Signature: Signature: Printed: Chuck Winn Printed: Danielle Scharf Title: City Manager Title: Principal Date: Date: 207 Transportation Engineering Term Contract Amendment #1 – West Oak St & Ferguson Avenue Intersection Design Task Order No. TE23-006 9/15/25 Sanbell is pleased to provide this Amendment #1 for limited construction administration and inspection of intersection improvement at the West Oak Street & Ferguson Avenue intersection. The intersection improvements will incorporate Oak Street and Ferguson Avenue left-turn lanes, removal of Ferguson Avenue northbound right-turn only lane and Oak Street median closure of Ryun Sun Way. A detailed scope of services is outlined below. This work is to be done as a part of the Transportation Engineering term contract for engineering services. Scope of Work: Phase 5 – Construction Bidding Services This phase of the project will consist of construction bidding services, including the following: • Contractor coordination through public bid solicitation (previously scoped private bid solicitation) • Electrical items procurement assistance Phase 6 – Construction Administration & Inspection This phase of the project will consist of construction inspection and on-going administration, including the following: • Attend bid opening, prepare bid tabulation and recommendation of award letter • Process contracts for a single contract • Facilitate pre-construction meeting, prepare agenda and distribute minutes • Shop Drawing Review • Construction observation and documentation based on assumed observation of 30 hours • Respond to contractor RFI’s • Process Pay applications submitted by Contractor and any necessary work change directives, verify material quantities on all contractor pay requests • Process the Certificate of Substantial Completion, coordinate final inspection, prepare punch lists and verify completion 208 • Prepare as-built (record) drawings • Prepare City of Bozeman close-out submittal • Conduct two-year warranty walkthrough, prepare punch list and verify completion The following items are specifically excluded from this scope of work: • Coordination of material testing and payment (By City Term Contract) • Construction Staking (By selected contractor) • Community Outreach (By City Staff) Fees and Billing Arrangements: Fee Phase 5 – Construction Bidding Services $2,600 Phase 6 – Construction Administration & Inspection $20,340 Total Fee $22,940 Sanbell will bill for its services on a time and materials basis with a not to exceed amount of $22,940 as specified in the fee table above and attached detailed hourly breakdown. Sanbell shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “time-and-material basis” according to the attached current standard rate sheets for Sanbell-Rocky Mountain. Monthly invoices shall include, separately listed, any charges for service for which time charges and/or units’ costs shall apply. Project Schedule: The anticipated schedule for this project is a Spring/Summer 2026 construction with construction documents ready by January 2026. 209 TE23-006 West Oak St & Ferguson Ave Intersection AMD#1 Construction Admin & Limited Inspection 9/15/2025 Labor Category Total Plan Hours Rate Total Plan Bill Amount Task 001: Contractor Coordination through Public Bid Solicitation Senior Engineer II 8.00 195.00 $1,560.00 Task 002: Electrical Items Procurement Assistance Senior Engineer II 4.00 195.00 $780.00 Staff Engineer II 2.00 130.00 $260.00 Task 003: Bid Opening, Bid Tab & Award Rec Senior Engineer II 4.00 195.00 $780.00 Task 004: Process Contracts Senior Engineer II 4.00 195.00 $780.00 Staff Engineer II 2.00 130.00 $260.00 Senior Construction Engineering Tech 2.00 145.00 $290.00 Task 005: Facilitate Pre-Con Senior Engineer II 2.00 195.00 $390.00 Staff Engineer II 4.00 130.00 $520.00 Task 006: Shop Drawing Review Senior Engineer II 4.00 195.00 $780.00 Senior Construction Engineering Tech 4.00 145.00 $580.00 Task 007: Construction Inspection Senior Engineer II 4.00 195.00 $780.00 Staff Engineer II 30.00 130.00 $3,900.00 Task 008: Contractor RFI Senior Engineer II 8.00 195.00 $1,560.00 Staff Engineer II 8.00 130.00 $1,040.00 Senior Construction Engineering Tech 8.00 145.00 $1,160.00 Task 009: Process Pay Applications Senior Engineer II 4.00 195.00 $780.00 Senior Construction Engineering Tech 4.00 145.00 $580.00 Task 010: Process Certificate of Substantial Completion/Final Inspection Senior Engineer II 4.00 195.00 $780.00 Task 011: Prepare As-Built Drawings Senior Engineer II 2.00 195.00 $390.00 Staff Engineer II 12.00 130.00 $1,560.00 Senior Construction Engineering Tech 8.00 145.00 $1,160.00 Task 012: City of Bozeman Close-out submittal Senior Engineer II 4.00 195.00 $780.00 Staff Engineer II 4.00 130.00 $520.00 Task 013: Conduct 2-year Warranty walkthrough Senior Engineer II 2.00 195.00 $390.00 Senior Construction Engineering Tech 4.00 145.00 $580.00 Total for West Oak St & Ferguson Ave Intersection AMD#1 146.00 22,940.00 210 Memorandum REPORT TO:City Commission FROM:Gail Jorgenson, GIS Program Manager Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign Amendment 2 to the Professional Services Agreement for Digital Orthoimagery and LiDAR Acquisition for the Purpose of Amending the Scope of Service MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 2 to the Professional Services Agreement for Digital Orthoimagery and LiDAR Acquisition for the Purpose of Amending the Scope of Service STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:On February 2nd, 2025, the City Commission approved a Professional Services Agreement with Ayres Associates, Inc. for Digital Orthoimagery and LiDAR Acquisition. This Amendment updates the Scope of Services to add additional services related to annual aerial photography data acquisition to occur in April of 2026. This work builds on the City's commitment to provide up to date aerial imagery which supports regulatory, planning and engineering projects. This data will be used as basemap imagery in a wide variety of internet mapping applications which supports public access to current information. This project will update the 2025 imagery for the entire 78.7 square mile planning boundary and sidewalks within the Bozeman city limits. The desired flights are between April 1st and April 30th, 2026 with the project complete within 90 days of from photo acquisition. Ayres Associates, Inc. was selected through a competitive RFP process for professional services. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Costs associated with this Amendment ($65,000) are currently allocated in the FY26 approved Strategic Services Department budget. Attachments: Professional Service Agreement - Second Amendment to 211 Digital OrthoImagery and LiDAR Acquisition.pdf Report compiled on: September 26, 2025 212 SECOND Amendment to Professional Services Agreement: Digital OrthoImagery and LiDAR Acquisition Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Digital OrthoImagery and LiDAR Acquisition dated the 2nd day of February 2025 (the “Agreement”) is made and entered into this 21st day of October, 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 Ayres Associates Inc., 5201 E. Terrace Drive Suite 200, Madison, WI 53715, 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 to amend the Agreement as follows: 1. Scope of Services See Attachment 1 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 213 SECOND Amendment to Professional Services Agreement: Digital OrthoImagery and LiDAR Acquisition 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 Ayres Associates Inc. By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 214 www.AyresAssociates.com Ingenuity, Integrity, and Intelligence. SCOPE OF WORK & BUDGET 2026 Digtal Orthoimagery Acquisition City of Bozeman, MT August 27, 2025 Attachment 1 215 1AYRES | DIGITAL ORTHOIMAGERY ACQUISITION | CITY OF BOZEMAN Ingenuity, Integrity, and Intelligence. The following scope of work pertains to the 2026 City of Bozeman Orthoimagery project. Ayres will provide the following geospatial services for collecting and processing new high resolution orthoimagery of the City of Bozeman’s 78.7 project area in the Spring of 2026. SCOPE OF WORK Deliverables Orthoimagery 2026• Project plan• Sample imagery for pilot area review• 4-band orthoimages by tile, GeoTIFF format• 4-band Orthomosaic for entire City provided at 3-inch, 6-inch and 12-inch resolution, MrSID format Planimetric Mapping Features 2026• Sidewalk Centerlines, within City limites, esri shapefile format Reports Flight plan and logs Survey control report Aerial triangulation report FGDC metadata, .xml format Progress reports Final project report Data Delivery An external hard drive will be delivered to the City with all of the deliverables available to upload into the City GIS. Ownership Ayres has always assigned ownership and copyright to our clients at the completion of a project and will do the same with this project. Schedule Ayres proposes the following schedule to complete the City’s project successfully. We are open to adjustments to this schedule based on input from the City of Bozeman, including expedited delivery of pilot areas and final deliverables. MILESTONE DATE Project Kick Off Meeting January 2026 Ground control survey April 1 to 30, 2026 Aerial imagery acquisition April 1 to 30, 2026, (as conditions permit) Delivery of pilot area June 1, 2026 Initial delivery of orthoimagery July 20, 2026 City review period of imagery July 20 to July 24, 2026 Final delivery of imagery products Approximately July 31, 2026 Initial delivery of sidewalk centerlines July 20, 2026 City review period of sidewalk centerlines July 20 to July 24, 2026 Final delivery of all product Approximately July 31, 2026 216 1 Ingenuity, Integrity, and Intelligence. AYRES | DIGITAL ORTHOIMAGERY ACQUISITION | CITY OF BOZEMAN Ayres will be providing the following scope of services for the 2026 project for the estimated fees as follows: DIGITAL ORTHOIMAGERY ACQUISITION GEOSPATIAL SERVICES PROVIDED LUMP SUM FEES Aerial Imagery Acquisition $21,500 Orthoimagery Processing $27,000 Ground Control Survey $6,500 Planimetric Mapping (Sidewalks)$10,000 Lump Sum Total Fees:$65,000 2026 Project Deliverables Orthoimagery• Project plan• Sample imagery for pilot area review• 4-band orthoimages by tile, GeoTIFF format• 4-band Orthomosaic for entire City provided at 3-inch, 6-inch and 12-inch resolution, MrSID format Planimetric Mapping Features• Sidewalk Centerlines, within City limits, esri shapefile format Reports• Flight plan and logs• Survey control report• Aerial triangulation report• FGDC metadata, .xml format • Progress reports• Final project report BUDGET 217 Memorandum REPORT TO:City Commission FROM:Joseph Swanson, Deputy Chief of Police Jim Veltkamp, Chief of Police SUBJECT:A Resolution Authorizing the City of Bozeman to Donate a 2016 Ford Police Interceptor Utility Vehicle to the St. Ignatius Police Department, Montana MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Authorize the City of Bozeman to Donate a 2016 Ford Police Interceptor Utility Vehicle to the St. Ignatius Police Department, Montana. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The Bozeman Police Department maintains a fleet of marked patrol vehicles for its officers to use during daily patrols. In accordance with the City of Bozeman Fleet Management Policy, police patrol vehicles are replaced every 5 years based on mileage, age and department needs. The police department recently replaced a number of aging police patrol vehicles with new models. One 2016 Ford Police Interceptor Utility (PIU) with over 105,000 miles is beyond its useful mechanical life and is scheduled for disposal. The St. Ignatius Police Department has a very limited police vehicle budget and is currently experiencing major mechanical issues with its police vehicle fleet. The police department is requesting to donate the 2016 Ford PIU in accordance with Title 8, Chapter 7, Part 4201, of the Montana Code Annotated, granting the City of Bozeman the power to donate property which is no longer necessary for the conduct of City business. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:None. Attachments: Resolution.docx Report compiled on: October 6, 2025 218 COMMISSION RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE DONATION OF A 2016 FORD INTERCEPTOR UTILITY POLICE VEHICLE FROM THE CITY OF BOZEMAN POLICE DEPARTMENT TO THE ST. IGNATIUS POLICE DEPARTMENT, MONTANA. WHEREAS, the City of Bozeman Fleet Management Policy dictates police patrol vehicles are to be replaced every five (5) years, based on milage, age and department needs. WHEREAS, the police department has one 2016 Ford Police Interceptor Utility replaced pursuant to policy; and WHEREAS, new patrol vehicles replace less reliable existing patrol vehicles that have minimal value and are no longer needed; and WHEREAS, the St. Ignatius Police Department, Montana has a limited vehicle budget and is in dire need of one patrol vehicle due to ongoing mechanical issues; and WHEREAS, Title 8, Chapter 7, Part 4201, of the Montana Code Annotated, grants the City of Bozeman the power to donate property which is no longer necessary for the conduct of City business via resolution; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: a 2016, Ford Interceptor Utility police vehicle has been replaced and is no longer necessary for the conduct of City business and it is in the best interest of the City to donate the vehicle to the St. Ignatius, Montana Police Department. 219 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 21st day of October, 2025. __________________________________ TERRY CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 220 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Community Development Director SUBJECT:A Resolution Adopting of the 2221 South 3rd Avenue Annexation, Annexing 1.048 acres for the Museum of the Rockies Property, Application 24714 MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt A Resolution Adopting of the 2221 South 3rd Avenue Annexation, Annexing 1.048 acres for the Museum of the Rockies Property, Application 24714 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 Commission unanimously (5:0) approved Application 24714 on July 22, 2025, to annex 1.048 acres and establish an initial zoning designation of PLI, Public Lands and Institutions District, subject to terms of annexation and contingencies for zoning. Final documents and easements have been received. The property is addressed at 2221 South 3rd Avenue. The applicants and property owner, Museum of the Rockies, seek to annex a 1.048-acre parcel into the City limits and establish initial zoning of PLI, Public Lands and Institutions. The property is currently zoned Public Lands and Institutions within the county and hosts a single-household structure with associated out buildings. Immediate vicinity municipal zoning includes R-1, Residential Single-Household Low Density, a recently annexed property directly to the south zoned R-3, Residential Medium-Density, and more diverse zoning designations within one third of a mile that includes R-2, B-P, B-1, R-3, and R- O. Even a small parcel of Agricultural Suburban unannexed property kitty corner across South 3rd to the east. The Bozeman Community Plan 2020 designates this property as Public Institutions on the Future Land Use Map. The PLI district is an implementing district of this land use classification. 221 UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 24714 2221 S 3rd Resolution 2025 - XX.pdf 001 - ANNEXATION MAP.pdf 24714 2221 S 3rd Annexation Agreement Not Signed.pdf Report compiled on: September 29, 2025 222 Version April 2020 Page 1 of 3 RESOLUTION 2025 - _______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS 2221 SOUTH 3RD AVENUE ANNEXATION, APPLICATION 24714. WHEREAS, the City of Bozeman received a petition for annexation from Museum of the Rockies requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 1.048 acres, described herein; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on July 22, 2005; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on July 22, 2025; and WHEREAS, the City received no written protest from real property owners of the area to be annexed; and WHEREAS, on October 21, 2025, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this 223 Version April 2020 Page 2 of 3 contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 1.048 acres, to wit: Legal Description An area of land comprised described as follows: Being Certificate of Survey No. 2636 Tract 2 Located in the Southeast One-Quarter of the Southeast One-Quarter of Section 13, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana. Commencing at a point which is the Southwest corner of Section 13, Township 2 South, Range 5 East, P.M.M., Thence South 89°04'35" West, a distance of 30.01 feet along the South line of Section 13 to the Point of Beginning; thence South 89°04'35" West along the South line of Section 13 a distance of 234.03 feet; thence South 89°05'57" West along the South line of said Section 13 a distance of 26.63 feet; thence leaving said south section line North 0°54'03" West, a distance of 176.50 feet; thence South 89°48'51" East, a distance of 263.96 feet to a point on the west right-of-way of South 3rd Avenue; thence along said right-of-way South 0°11'09" West, a distance of 171.44 feet to the Point of Beginning. Said Tract contains 1.048 acres, more or less, and subject to all existing easements of record or apparent on the ground. All as depicted on the 2221 South 3rd Annexation Map. 224 Version April 2020 Page 3 of 3 Section 2 This Resolution is effective upon recording with the Gallatin County Clerk and Recorder. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ___th day of _____________, 2025. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 225 S89°48'51"E 263.96'N0°54'03"W176.50'S89°05'57"W 26.63'S89°04'35"W 234.03'S0°11'09"W171.43'S89°04'35"W 30.01' 45' 45' 30' 30' 45' 90' 45' 13 18 1924 KAGY BOULEVARD SOUTH 3RD AVENUE TRACTC.O.S. 421 TRACT 1 C.O.S. 26 3 6 TRACT 2 C.O.S. 2636 PARCEL 1 AMENDE D S U B D I V I S I O N P L A T O V E R B R O O K A T W E S T R I D G E , PLAT I-6- B PARCEL 1 C.O.S. 30 5 2DEED FILM 92 PAGE 4544DEED FILM 92 PAGE 4541TRACT 2 C.O.S. 27 2 8 ANNEXATION AREA SUMMARY TRACT 2 C.O.S. 2636 1.048 ACRES TOTAL = 1.048 ACRES PROJECT NO. SHEET NUMBER COPYRIGHT MORRISON-MAIERLE,2025 Plotted by kyle thompson on Mar/13/2025 DRAWN BY: FLD WK. BY: CHK. BY: DATE: ©N:\10236\002\ACAD\Survey\10236.002 ANNEXATION-ZONE MAP AMENDMENT MAP.dwgTRACT 2 OF CERTIFICATE OF SURVEY No. 2636 LOCATED IN THE SE1/4 SE1/4 OF SECTION 13, TOWNSHIP 2 SOUTH,RANGE 5 EAST,P.M.M. ANNEXATION MAP BOZEMAN MONTANA 10236.002 EX. A-1 NJM KIT 12/2024engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 50 1000 SCALE IN FEET THOMPS O N ADDITION TO BOZE M A N No. 3 THOMPS O N ADDITION TO BOZE M A N No. 3 HILL STREET POINT OF BEGINNING ANNEXATION MAPBEING CERTIFICATE OF SURVEY NO. 2636 TRACT 2 LOCATED IN THE SOUTHEAST ONEQUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 5EAST, LOCATED AT 2221 SOUTH THIRD.Legal Description Tract 2 of Certificate of Survey No. 2636Being Certificate of Survey No. 2636 Tract 2 Located in the Southeast One-Quarterof the Southeast One-Quarter of Section 13, Township 2 South, Range 5 East,Principal Meridian Montana, Gallatin County, Montana.Commencing at a point which is the Southwest corner of Section 13, Township 2South, Range 5 East, P.M.M.,Thence South 89°04'35" West, a distance of 30.01 feet along the South line ofSection 13 to the Point of Beginning; thence South 89°04'35" West along the Southline of Section 13 a distance of 234.03 feet; thence South 89°05'57" West along theSouth line of said Section 13 a distance of 26.63 feet; thence leaving said southsection line North 0°54'03" West, a distance of 176.50 feet; thence South 89°48'51"East, a distance of 263.96 feet to a point on the west right-of-way of South 3rdAvenue; thence along said right-of-way South 0°11'09" West, a distance of 171.44feet to the Point of Beginning.Said Tract contains 1.048 acres, more or less, and subject to all existing easementsof record or apparent on the ground. 226 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 549771-1230 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this ______ day of __________________, 2025, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Museum of the Rockies (“MOR”), Bozeman, MT 59771, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the 2221 SOUTH 3rd ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: Being Certificate of Survey No. 2636 Tract 2 Located in the Southeast One-Quarter of the Southeast One-Quarter of Section 13, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana. Commencing at a point which is the Southwest corner of Section 13, Township 2 South, Range 5 East, P.M.M., Thence South 89°04'35" West, a distance of 30.01 feet along the South line of Section 13 to the Point of Beginning; thence South 89°04'35" West along the South line of Section 13 a distance of 234.03 feet; thence South 89°05'57" West along the South line of said Section 13 227 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 2 a distance of 26.63 feet; thence leaving said south section line North 0°54'03" West, a distance of 176.50 feet; thence South 89°48'51" East, a distance of 263.96 feet to a point on the west right-of-way of South 3rd Avenue; thence along said right-of-way South 0°11'09" West, a distance of 171.44 feet to the Point of Beginning. Said Tract contains 1.048 acres, more or less, and subject to all existing easements of record or apparent on the ground. All as depicted on the 2221 SOUTH 3rd ANNEXATION Map. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS, the 2221 SOUTH 3rd ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the 2221 SOUTH 3rd ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 2221 SOUTH 3rd ANNEXATION to connect to and utilize City services, including municipal water and sewer service, parks and recreation, fire and police services, and the City’s transportation system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the parties recognize additional development on the 2221 SOUTH 3rd ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that future improvements may require additional public infrastructure street improvements including transportation for traffic circulation and the provisions of parks, recreation, police, and fire services; and 228 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 3 WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide transportation, parks, recreation, police and fire service for development of the SOUTH 3rd ANNEXATION; and WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNES S ETH : IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed an application for annexation of the 2221 SOUTH 3rd ANNEXATION with the City on December 19, 2024. By execution of this Agreement, the City manifests its intent to annex the 2221 SOUTH 3rd ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 2221 SOUTH 3rd ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the 2221 SOUTH 3rd ANNEXATION. 229 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 4 3. Services Provided The City will, upon annexation, make available to the 2221 SOUTH 3rd ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the 2221 SOUTH 3rd ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the 2221 SOUTH 3rd ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the 2221 SOUTH 3rd ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the 2221 SOUTH 230 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 5 3rd ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water and Sewer Connections Landowner understands and agrees that the existing residence on the property must be connected to City water and sewer utilities. Water and sewer services must be constructed in accordance with design and specifications approved by the City prior to the installation of the water and sewer lines. Landowner must contact the City Water and Sewer Superintendent to obtain details of construction requirements. Landowner must notify the City Water and Sewer Superintendent a minimum of 48 hours prior to construction of the services and disconnection of the well and septic system abandonment. Landowner further understands and agrees that prior to connection to the City water and sewer system, the existing on-site sewage treatment system must be properly abandoned and certification provided to the City Water and Sewer Superintendent that the abandonment occurred. The applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. Any wells presently used for domestic purposes may be retained for irrigation only, with no physical connection to domestic water piping. Certification that there is no physical connection between an on-site well and the domestic water piping must be provided. The City Water and Sewer Superintendent may perform an inspection of the property and certify that the disconnection of the well and septic system abandonment are properly completed. Landowner 231 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 6 understands and agrees that if Landowner fails to properly abandon the existing system and/or fails to disconnect the existing well from the domestic water piping as required herein the City may upon ten day's written notice to the Landowner terminate water and/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shall be borne by Landowner. 7. Water Rights The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu of water rights shall be provided upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code and as may be amended. The amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision of the property will be calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. Domestic water demand from the single residential house falls below the City threshold (0.25AF). Therefore, no cash-in-lieu of water is required. 8. Comprehensive Water and Water Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner’s sole expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the 232 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 7 report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the 2221 SOUTH 3rd ANNEXATION to complete, at Landowner’s expense, the necessary system improvements to serve the proposed development. 9. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City’s Infrastructure Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees Landowner has no right, either granted or implied, for it to further develop any of the 2221 SOUTH 3rd ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, parks and recreation, transportation, and sewer and water capacity, are available to all or a portion of the 2221 SOUTH 3rd ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at Landowner’s sole expense, any facilities or infrastructure required to provide full municipal services to the 2221 SOUTH 3rd ANNEXATION in accordance with the City’s infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 233 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 8 10. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the 2221 SOUTH 3rd ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from public streets and other impermeable surfaces may be required to be provided to and approved by the City Engineer at the time of any future development. The plan must demonstrate that adequate treatment of runoff from public streets, other impermeable surfaces, and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the 2221 SOUTH 3rd ANNEXATION to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval of development of the 2221 SOUTH 3rd ANNEXATION. 11. Waiver of Right-to-Protest Special Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts or Special Districts for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities for a) South 3rd Avenue from West Kagy Boulevard and West Graf Street. The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The 234 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 9 waiver is attached hereto as Exhibit “A” and is hereby incorporated in and made a part of this Agreement. B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts or Special Districts for Intersection improvements including lighting, signalization / channelization, paving, curb/gutter, sidewalk, and storm drainage for a) South 3rd Ave and West Kagy Blvd, and b) South 3rd Ave and West Graf Street. The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “B” and is hereby incorporated in and made a part of this Agreement. C. Landowner agrees that in the event an SID is not utilized for the completion of these improvements as described in subsections A and B above, the Landowner shall participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 12. Public Street and Utility Easements The Landowner understands and agrees that a public street and utility easement must be provided at the time Landowner returns the signed annexation agreement for (45) feet from the centerline of the existing ROW for South 3rd Avenue along South 3rd Avenue property frontage as depicted in the Bozeman Transportation Master Plan prior to the adoption of Resolution of Annexation. The Right-of-Way must be executed using the City’s standard language. 235 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 10 The Landowner, at its sole expense, has created such easements in a location and form agreeable to the City and the easements will be filed at the Gallatin County Clerk and Recorder’s Office. The Landowner further understands and agrees that additional public street and utility easements may be required for delivery of municipal services with future development and such easement shall be provided at the Landowner’s sole expense. 13. Street Improvements The Landowner understands and agrees that at the time of future development the portion of South 3rd Avenue and its related transportation infrastructure fronting the 2221 SOUTH 3rd ANNEXATION must be improved to a City standard. 14. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved by the City, the Landowner and its successors must pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water services. D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer services. The amount of impact fee the Landowner or its successors pay for connection to the city’s water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions 236 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 11 of the Bozeman Municipal Code, as amended, in effect at the time an application for building permit is submitted. Landowner further understands and agrees that any improvements, either on-site or off- site, necessary to provide connection of the 2221 SOUTH 3rd ANNEXATION municipal services and which are wholly attributable to the property as determined exclusively by the city are considered “project related improvements” as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at its option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the property. B) Elect any other remedy available to City under the laws of the State of Montana. 15. Charges and Assessments Landowner understands and agrees that after this Agreement is recorded the 2221 SOUTH 3rd ANNEXATION will be subject to City charges and assessments for arterial and collector streets, street maintenance, and tree maintenance on the same basis as all other properties in the City. 237 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 12 16. Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the 2221 SOUTH 3rd ANNEXATION. The parties further agree that the City may file these documents at any time. 17. Governing Law and Venue This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 18. Attorney’s Fees 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, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house counsel including City Attorney. 19. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 20. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 238 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 13 21. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 22. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 23. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 24. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the 2221 SOUTH 3rd ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. 239 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 14 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. DATED this _____ day of __________________, 2025. LANDOWNER _________________________________________ Museum of the Rockies, LLC By: Title: ________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2025, before me, the undersigned, a Notary Public for the State of , personally appeared _________________ , known to me to be the _________________ of the Museum of the Rockies that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 240 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 15 CITY OF BOZEMAN ____________________________________ By: Chuck Winn, City Manager ATTEST: ________________________________ Mike Maas, City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of ___________________, 2025, before me, a Notary Public for the state of Montana, personally appeared Chuck Winn and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as Interim City Manager and City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 241 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 16 EXHIBIT “A” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 2221 SOUTH 3rd AVENUE ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Being Certificate of Survey No. 2636 Tract 2 Located in the Southeast One-Quarter of the Southeast One-Quarter of Section 13, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana. Commencing at a point which is the Southwest corner of Section 13, Township 2 South, Range 5 East, P.M.M., Thence South 89°04'35" West, a distance of 30.01 feet along the South line of Section 13 to the Point of Beginning; thence South 89°04'35" West along the South line of Section 13 a distance of 234.03 feet; thence South 89°05'57" West along the South line of said Section 13 a distance of 26.63 feet; thence leaving said south section line North 0°54'03" West, a distance of 176.50 feet; thence South 89°48'51" East, a distance of 263.96 feet to a point on the west right-of-way of South 3rd Avenue; thence along said right-of-way South 0°11'09" West, a distance of 171.44 feet to the Point of Beginning. Said Tract contains 1.048 acres, more or less, and subject to all existing easements of record or apparent on the ground. All as depicted on the 2221 SOUTH 3rd ANNEXATION Map. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the transportation impacts to South 3rd Avenue from West Kagy Blvd and West Graf Street which will be caused by the development of the above-described property, the owner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one 242 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 17 or more special improvement districts for the design and engineering, construction and maintenance of following improvements: for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities for a) South 3rd Avenue Drive from West Kagy Blvd and West Graf Street. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event a SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the property described herein shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 243 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 18 DATED this _____ day of __________________, 2025. LANDOWNER _________________________________________ Museum of the Rockies, LLC By: ___________________ Title: ________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2025, before me, the undersigned, a Notary Public for the State of , personally appeared _____________________ , known to me to be the _________________ of Museum of the Rockies that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 244 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 19 EXHIBIT “B” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 2221 SOUTH 3rd ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A Tract of Land described as Tract 1 of Certificate of Survey 3052, located in the Northeast One Quarter of Section 24, Township 2 South, Range 5 East and a City of Bozeman ROW tract described in Fm174Pg2512 and located within the Northwest One Quarter of Section 19, Township 2 South, Range 6 East, all which are within the Principal Meridian Montana, Gallatin County, Montana and more particularly described as follows: Beginning at a point (POB), that is a 2" Brass Cap in a Metal Monument Box, and which is the Northeast Corner of Section 24, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana; thence S 89° 53' 31" E, along the line common to sections 18 and 19 of said T2S, R6E, a distance of 45.00 feet to a point; thence leaving said section line and running S 00° 06' 29" W along the eastern boundary of said Fm174Pg5212 deed parcel, a distance of 165.05 feet to a point; thence N 89° 53' 31" W, a distance of 45.00 feet to a point on the range line and the line common to sections 19 and 24; thence S 88° 58' 09" W, a distance of 263.98 feet to a point; thence N 00° 06' 11" E, a distance of 164.97 feet to a point on the line common to sections 13 and 24 of said T2S, R5E; thence N 88° 57' 03" E, a distance of 264.00 feet along said line common to sections 13 and 24 to the POB. Said Tract being 50,970 square feet or 1.17 acres more or less, along with and subject to all easements of record. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the intersection 245 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 20 impacts to a) South 3rd Ave and West Kagy Boulevard, and b) South 3rd Ave and West Graf Street which will be caused by the development of the above-described property, the owner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for the including lighting, signalization / channelization, paving, curb/gutter, sidewalk, and storm drainage for a) South 3rd Ave and West Kagy Boulevard, and b) South 3rd Ave and West Graf. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event a SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the property described herein shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 246 2221 SOUTH 3RD AVENUE ANNEXATION AGREEMENT 21 DATED this _____ day of __________________, 2025. LANDOWNER _________________________________________ Museum of the Rockies, LLC By: _______________ Title: ________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2025, before me, the undersigned, a Notary Public for the State of , personally appeared _____________________ , known to me to be the _________________ of the Museum of the Rockies that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 247 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Shawn Kohtz, Director of Utilities SUBJECT:A Resolution Authorizing Change Order Number 1 to the Riverside Lift Station and Force Main Project MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve a Resolution Authorizing Change Order Number 1 to the Riverside Lift Station and Force Main Project STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is a copy of the proposed resolution and change order number 1 for the above-referenced project. This change order covers three field orders approved during construction. First, the automatic transfer switch that controls power between the grid and the generator was changed from Owner Supplied to Contractor Supplied. Second, the domestic water supply line from the existing water storage tank was found in a different location than was indicated on the plans and was in conflict with a proposed manhole. Third, the domestic water service to the Riverside Country Club was found to be shallower than indicated on the plans. Additional details and cost implications associated with these changes are described in the attached letter from our engineering consultant, DOWL. City staff have reviewed these changes and associated costs and found them to be necessary and commensurate with the work involved. UNRESOLVED ISSUES:None ALTERNATIVES:As Suggested by the Commission FISCAL EFFECTS:This change order will increase the contract amount by $9,570.58 bringing the total construction cost from $1,782,351.00 to $1,791,921.58. It is anticipated with cost savings in other areas of the project, the total contract amount will remain approximately at the original contract amount at the conclusion of the project. The cost of this project is paid for by funding from a special improvement district approved by the Riverside community. Attachments: 248 Riverside_ChangeOrder#1_V2.pdf Resolution.doc Report compiled on: October 3, 2025 249 406-586-8834 ■ 800-865-9847 (fax) ■ 1283 N. 14th Ave; Ste 101 ■ Bozeman, Montana 59715 ■ www.dowl.com October 3, 2025 Mr. Kellen Gamradt City of Bozeman P.O. Box 1230 Bozeman, MT 59771 Subject: Riverside Lift Station and Force Main – Change Order 1; Recommendation for Approval Dear Mr. Gamradt: Please see the following change order for the Bozeman Riverside Lift Station and Force Main project. This change order is the result of three field orders. First, the automatic transfer switch that controls power between the grid and the generator was described in the bid documents as “provided by owner” but must be sourced by the contractor, at a cost of $3,018.75. Installation of the equipment is included in the construction documents. Second, during the installation of gravity sewer main to connect the existing wastewater system to the new sewer lift station the domestic water supply line from the existing water storage tank was found in a different location than shown in the record drawings and was in conflict with the proposed manhole and sewer main. Revision of the alignment and manhole locations to avoid both the potable water line and an unknown irrigation pipeline required additional piping and excavation work, at a cost of $5,596.32. Third, the domestic water service pipeline to the Riverside Country Club was found to be shallower than expected. This required the force main to cross the waterline at less than the required separation. Pursuant to a deviation request approved by MT DEQ, flowable fill material was placed between the water and force main pipes, at a cost of $955.51. The bid documents included a cost to lower the waterline if the water and force main were in conflict that could not otherwise be resolved with minor grade adjustments. This bid cost of $7,250 for this item will not be expended, as the water main will not need to be lowered. The increase in the contract amount for the three items on this change order is $9,570.58, a portion of which will be offset by deleting the noted bid item to lower the water main. This adjustment/deduction will be captured on the final reconciliation of quantities at the end of the project. Thus, the approval of this change order will add the noted additional costs to the contract total. We recommend approval of this change order for the amount of $9,570.58. Please let us know if you have any questions. Sincerely, DOWL Kevin R. Johnson, PE, BCEE Project Manager Attachment(s): As stated 250 EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 Change Order No. 1 Date of Issuance: 10/3/2025 Effective Date: 10/3/2025 Project: Riverside LS & FM Owner: City of Bozeman Owner's Contract No.: Kellen Gamradt Date of Contract: June 5, 2025 Contractor: CK May Engineer's Project No.: 4563.12580.01 The Contract Documents are modified as follows upon execution of this Change Order: Description: CO1-1: Supply automatic transfer switch. CO1-2: Adjust manhole locations around existing potable and irrigation lines not as shown in record drawings. CO1-3: Add flowable fill between existing water and new sewer force main to account for required DEQ vertical separation requirements and per the actual elevations discovered in the field. Attachments (list documents supporting change): CO1-1: See attached documentation. Per Field Order #1 CO1-2: See attached documentation: Per Field Order #2 CO1-3: See attached documentation: Per Field Orders #3/#4 Item Description Unit Quantity Unit Price Total Price CO1-1 Automatic X-fer Switch LS 1 3,018.75$ 3,018.75$ CO1-2 MH Location Adjustments LS 1 5,596.32$ 5,596.32$ CO1-3 Flow Fill For Sewer Separation LS 1 955.51$ 955.51$ 9,570.58$ 251 EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: Working days Calendar days Substantial completion (days or date): 180 $1,782,351.00 Ready for final payment (days or date): 210 [Increase] [Decrease] from previously approved Change Orders No. to No. : [Increase] [Decrease] from previously approved Change Orders No. to No. : Substantial completion (days): 0 $0.00 Ready for final payment (days): 0 Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): 180 $1,782,351.00 Ready for final payment (days or date): 210 [Increase] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial completion (days or date): 0 $9,570.58 Ready for final payment (days or date): 0 Contract Price incorporating this Change Order: Contract Times incorporating approved Change Orders: Substantial completion (days or date): 180 $1,791,921.58 Ready for final payment (days or date): 210 RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date: Date: Date: Approved by Funding Agency (if applicable): ____________________________________________________________ Date: 252 Bozeman, MT QTY Hours Unit Price Cost Comments $ - $ - $ - QTY Hours Unit Price Cost Comments $ - $ - $ - QTY Units Unit Price Cost Comments $ - $ - $ - QTY Units Unit Price Cost Comments 1 EA $ 2,875.00 $ 2,875.00 $ - $ 143.75 Total Cost $ 3,018.75 Contractors Fee (5%) Date: 09/29/2025Authorized Signature Description Contractors Fee (15%) SUBCONTRACT:RTSW200K3 Transfer Switch Description MATERIALS:N/A Contractors Fee (15%) Description EQUIPMENT:N/A Contractors Fee (15%) Description LABOR:N/A DOWL FAX:July 9, 2025 DESCRIPTION:Field Order 01: Transfer Switch Specifications indicated the transfer switch was to be owner-provided. Contractor/electrician needs to procure the transfer switch instead. Please provide quote for provision of this equipment for formalizing in a Work Directive. P.O. Box 1426 Belgrade, MT 59714 PROJECT LOCATION: PHONE: 406-539-6559 REQUESTED FROM: ON DATE: Field Order - Pricing Detail CONTRACTOR: CK May Excavating PROJECT NAME:Riverside Lift Station and Force Main REPRESENTATIVE:Jim Blair ADDRESS: 253 6131 Homestead Blvd PO Box 1934 Colstrip, MT 59323 TEL: (406) 748-4048 FAX: (406) 748-3135 647 S. 18th Street W. Billings, MT 59102 TEL: (406) 656-4365 FAX: (406) 656-4534 4105 S. Broadway Minot, ND 58701 TEL: (701) 500-1007 FAX: (406) 748-3135 www.ceionline.com Page 1 of 1 Brodie McDonald Project Manager July 22, 2025 CK May Excavating RE: Riverside Lift Transfer Switch Attn: Jim Blair Per your request, CEI would like to offer the following price for the above-mentioned project located in Bozeman, MT. Estimate: Provide 200A transfer switch $2875.00 Notes: 1) Based on providing RTSW200K3 transfer switch. If you have any further questions, please call me at (406)670-4183. Respectfully, 254 Bozeman, MT QTY Hours Unit Price Cost Comments 1 15.00 $ 58.50 $ 877.50 1 15.00 $ 15.15 $ 227.25 1 14.00 $ 51.00 $ 714.00 1 14.00 $ 16.35 $ 228.90 $ 307.15 QTY Hours Unit Price Cost Comments 19.00 $ 202.69 $ 1,824.21 11.50 $ 69.73 $ 104.60 $ 289.32 QTY Units Unit Price Cost Comments 1 EA $ 110.00 $ 110.00 1EA $ 116.78 $ 116.78 1EA $ 59.66 $ 59.66 1EA $ 603.47 $ 603.47 $ 133.49 QTY Units Unit Price Cost Comments $ - $ - Total Cost $ 5,596.32 Field Order - Pricing Detail CONTRACTOR: CK May Excavating PROJECT NAME:Riverside Lift Station and Force Main REPRESENTATIVE:Jim Blair ADDRESS: DOWL FAX:July 10, 2025 DESCRIPTION:Field Order 02: Gravity Sewer Adjustment To accommodate the actual position of the existing 8” water line, adjust the gravity sewer pipe and manholes per revised sheet c3. The manhole rim elevation for sta 1+37.88 will need to be modified to accommodate existing grade. The invert into the wet well will remain the same. Additional gravity sewer main paid on bid item unit price. To avoid conflict with the existing 8-inch watermain discovered in a different location than anticipated, shift manholes to the south per the attached drawings. Additional gravity sewer main paid on bid item unit price. Manhole 2 (original station 1+51) will be too tall and the barrel section will need shortened or replaced. No cost. Manhole 1 (original station 1+05) would be about 3” too high with the grade rings removed. Thus, the barrel section on this manhole may also need shortened or replaced. No cost. Existing Irrigation Line: The AC pipe can be cut and capped/plugged east of the proposed location of MH1. Waiting for confirmation from RCC if the main is charged by the irrigation system or not. Costs below. CK May Field Notes: 07/10/2025: Dig up sewer line. Found sewer line. After digging under sewer line for manhole install we found the water line within 18” of pipe running underneath the sewer line. Exposed lines to establish a plan. After deciding to move manhole to the south we continue to expose the sewer line to the south. After reaching the new manhole location we found an 8” AC irrigation pipe that conflicted with the new manhole location. Met with engineer to discuss options and make a plan. 07/11/2025: Dig around 8” ac pipe to confirm OD. 07/15/2025: Dig up AC irrigation pipe south east of new manhole location for abandonment. Backfill half of manhole excavation from original location. Pick up concrete block for thrust block and fittings and parts from hd Fowler for capping pipe. Break and drain irrigation AC piping in manhole excavation. Break and remove piping from bell in hole south east. Install macro adapting coupler and 2’ of c900 with an end cap. P.O. Box 1426 Belgrade, MT 59714 PROJECT LOCATION: PHONE: 406-539-6559 REQUESTED FROM: ON DATE: Contractors Fee (15%) Description EQUIPMENT:Komatsu PC490LCi-11 Contractors Fee (15%) Description LABOR:Trysten Bousquet (OT Wage) Komatsu PC88MR-10 Trysten Bousquet (Hourly Fringe Benefit) Peter Lonergan (OT Wage) Peter Lonergan (Hourly Fringe Benefit) Description MATERIALS:1/2 YD BLOCK FLAT FACE 8" MJ CAP DI, SSB, AWWA C153 8" COMPACT BODY MJ ACC KIT 8" MACRO TWO-BOLT WR COUPLING Date: 09/29/2025Authorized Signature Description Contractors Fee (15%) SUBCONTRACT:N/A Contractors Fee (5%) 255 To: ~ H.D. FOWLER ~ COMPANY REMIT: PO Box 84368, Seattle, WA 98124 Invoice Number 17066915 BZWH # 031133 Corporate Office 3633 136th Pl SE, Ste 100, Bellevue, WA 98006 PO Box 160, Bellevue, WA 98009-0160 Phone 425-654-8800 * Fax 425-641-8885 Bozeman Branch 401 E MAIN ST Belgrade, MT 59714 (406) 388-1169 Fax (406) 388-4963 Ship to: HD Fowler Company -Bozeman 1 /1 T-0 CK MAY EXCAVATING INC PO BOX 1426 Belgrade MT 59714 BELGRADE MT 597141426 Order# Inv Date: Order Writer: 08603606 07 /15/25 Bryan Binder Terms: 1 0P+30 Due: 09/10/25 PO/JOB: RIVERSIDE FOB: H. D. FOWLER Ship Via: Will-Call Here (Order RIVERSIDE LIFT STATION AND F Line 1 2 3 TRYSTEN Qty Ship'd 1 1 1 Qty Part# BO'd UoM Description 0 EA 8" MJ CAP DI, SSB, AWWA C153, LESS ACCESSORIES (22 LBS) 0 EA 8" COMPACT BODY MJ ACCESSORIES KIT COMPLETE WITH GLAND, GASKET AND (6) 3/4" X 4" T-BOLTS 0 EA 8" MACRO TWO-BOLT WIDE RANGE COUPLING 8.60 -9.75 EPOXY L&C EPDM GASKET 304SS B&N HP (HIGH PERFORMANCE) ROMAG 2[:L) Db (jh A~,,rv,ry,0 Serving the Pacific Northwest since 1911 www.hdfowler.com Terms & Conditions: hdfowler.com/tcs Unit Price 116.780 59.660 603.470 Sub total Freight Tax Grand Total Extended T Price X 116.78 59.66 603.47 779.91 0.00 0.00 779.91 256 257 Bozeman, MT QTY Hours Unit Price Cost Comments 12.00 $ 37.00 $ 74.00 12.00 $ 13.44 $ 26.88 $ - $ 15.13 QTY Hours Unit Price Cost Comments $ - $ - $ - QTY Units Unit Price Cost Comments 4.5 CY $ 140.00 $ 630.00 1EA $ 50.00 $ 50.00 1EA $ 50.00 $ 50.00 $ - $ 109.50 QTY Units Unit Price Cost Comments $ - $ - $ - Total Cost $ 955.51 Field Order - Pricing Detail CONTRACTOR: CK May Excavating PROJECT NAME:Riverside Lift Station and Force Main REPRESENTATIVE:Jim Blair ADDRESS: DOWL FAX:August 29, 2025 DESCRIPTION:Field Order 04: Flow Fill Description: Per Montana DEQ deviation RSLS-1, flowable fill shall be placed between the existing water line and installed force main at sta 24+35 per sheet FM5-r2. Void space between water and force main pipes shall be cleared of material to allow flowable fill to separate the pipes. CK May Field Notes: 09/08/2025 - Pour flowable fill between force main and water main in front of country club. P.O. Box 1426 Belgrade, MT 59714 PROJECT LOCATION: PHONE: 406-539-6559 REQUESTED FROM: ON DATE: Contractors Fee (15%) Description EQUIPMENT:N/A Contractors Fee (15%) Description LABOR:Daniel Wacker (Hourly Wage) Daniel Wacker (Hourly Fringe Benefit) Description MATERIALS:LOWSTRENGTHBACKFILL FUEL SURCHARGE SHORT LOAD CHARGE 5 YD Date: 09/29/2025Authorized Signature Description Contractors Fee (15%) SUBCONTRACT:N/A Contractors Fee (5%) 258 Date 09/08/25 09/08/25 09/08/25 Concrete Materials of Montana, LLC PO Box 567 Belgrade, MT 59714 406-388-8182 office@conmatmt.com CK MAY EXCAVATING INC. PO BOX 1426 BELGRADE MT 59714 Ticket Qty Description 158292 4.50 CY LOWSTRENGTHBACKFILL 158292 1.00 EA FUEL SURCHARGE 158292 1.00 EA SHORT LOAD CHARGE 5 YD Total Cubic Yards 4.50 PLEASE REFERENCE INVOICE NUMBERS WHEN PAYING rlrlr INVOICE -lrlrlf Customer No. CK MAY Invoice Date 9/8/2025 Invoice Number 90946 Pg 1 Job Id SPRINGHILL RD ,,r PO# / Lot# 2500 Credit Terms Net 10th of Month Price 140.00 Sub-Total Sales Tax-MT Invoice Total 50.00 50.00 Amount 630.00 * 50.00 * 50.00 * 730.00 0.00 730.00 259 CONCRETE MATERIALS of MONT ANA, LLc ODOMETER: Billing Address: 1059 Amsterdam Road Belgrade, MT 59714 BATCH PLANT (406) 388-6100 LOADING: _____ _ SOLD TO: TIME FORMULA LOAD SIZE DATE LOAD# WARNING: IRRITATING TO THE SKIN & EYES Contains Portland Cement Wear Rubber Boots and Gloves PROLONGED CONTACT MAY CAUSE BURNS Avoid contact with eyes and prolonged contact with skm In case of contact with sk111 or eyes. flush ttioroughly with water It ,mtation persists. get medical atten~ lion KEEP CHILDREN AWAY -CONCRETE is a PERISHABLE COMMODITY and BECOMES the PROPERTY of the PURCHASER UPON LEAVING the PLANT, ANY CHANGES or CANCELLATION of ORIGINAL INSTRUCTIONS MUST be TELEPHONED to the OFFICE BEFORE LOADING STARTS. -Concrete Materials of Montana will not be responsible for in place concrete that has been placed in a manner not in accordance with applicable ASTM or ACI specifications. -The undersigned promises to pay all costs, including reasonable attromey's fees, incurred in collecting any sums owed. -AU accounts not paid within 30 days of delivery will bear interest at the rate of 18% per annum, Not responsible for Reactive Aggregate or Color Quality. No claim allowed unless made at lime material is delivered. -On the job delivery time allowance computed @ 8 min.le. y. -A $30.00 Service Charge and Loss of the Cash Discount will be collected on all Returned Checks. Excess delay time Charged @ $60.00/hour. QUANTITY CODE DESCRIPTION RETURNED TO PLANT LEFT JOB FINISH UNLOADING LEFT PLANT ARRIVED JOB START UNLOADING AT JOB: _____ _ DELIVERY ADDRESS / Info ' RETURN: _____ _ YARDS ORDERED YARDS DEL. PROPERTY DAMAGE RELEASE (To be signed if delivery to be made inside curb line) Dear Customer, The driver if this truck in presenting this RELEASE to you for your signature is of the opinion that the size and weight of his truck may possibly cause damage to the premises and/or adjacent property if he places the material in this load where you desire ii. It is our wish to help you in every way that we can, but in order to do this the driver is requesting that you sign this RELEASE relieving him and this supplier from DRIVER/TRUCK PLANT/TRANSACTION WATER TRIM SLUMP TICKET NUMBER Excessive Water is Detrimental to Concrete Performance H,O Added By Request /Authorized By GAL r:Jr' WEIGH MASTER: any responsibility from any damage that may occur to the !------------------------------ premises and/or adjacent property. buildings, sidewalks, NOTICE and WAIVER: Backcharges and claims for damages resulting from delay due to the drive-ways, curbs, etc, by the delivery of this material, and that fault of the Lessor shall be deemed waived by Lessee unless claim is made in writing to Lessc you also agree to help him remove mud from the wheels of his within forty•eight (48) hours from the beginning of the delay. vehicle so that he will not litter the public street. Further, as additional consideration, the under•signed agrees to indemnify and hold harmless the driver of this truck and this supplier for any and all damage to !he premises and/or adjacent property which may be claimed by anyone to have arisen out of delivery of this order. Load received by: re= @= UNIT PRICE EXTENDED PRICE DELAY EXPLANATION/CYLINDER TEST TAKEN 1. JOB NOT READY 6. TRUCK BROKE DOWN TOTAL ______ _ 2. SLOW POUR OR PUMP 7.ACCIDENT 3. TRUCK AHEAD ON JOB 8. CITATION GRAND TOTAL: 4. CONTRACTOR BROKE DOWN 9. OTHER 5. ADDED WATER 260 1 of 2 COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH CK MAY EXCAVATING, INC WHEREAS, the City Commission did, on the 17TH day of April 2025, authorize award of the bid for the Riverside Lift Station and Force Main Project to CK May Excavating Inc; 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 CK May Excavating Inc, 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. 261 Resolution No. , Change Order 1 for Riverside Lift Station and Force Main Project 2 of 2 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ____ day of ____________, 2025 __________________________________________ TERRY CUNNINGHAM Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _____________________________________________ GREG SULLIVAN City Attorney 262 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Community Development Director SUBJECT:An Ordinance, Provisional Adoption, Establishing a Zoning Designation of PLI, Public Lands and Institutions District, on 1.048 Acres for the Museum of the Rockies Property Addressed as 2221 South 3rd Avenue, Application 24714 MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2025 - ____. 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 Commission unanimously (5:0) approved Application 24714 on July 22, 2025, to annex 1.048 acres and establish an initial zoning designation of PLI, Public Lands and Institutions District, subject to terms of annexation and contingencies for zoning. Final documents and easements have been received. The property is addressed at 2221 South 3rd Avenue. The applicants and property owner, Museum of the Rockies, seek to annex a 1.048-acre parcel into the City limits and establish initial zoning of PLI, Public Lands and Institutions. The property is currently zoned Public Lands and Institutions within the county and hosts a single-household structure with associated out buildings. Immediate vicinity municipal zoning includes R-1, Residential Single-Household Low Density, a recently annexed property directly to the south zoned R-3, Residential Medium-Density, and more diverse zoning designations within one third of a mile that includes R-2, B-P, B-1, R-3, and R- O. Even a small parcel of Agricultural Suburban unannexed property kitty corner across South 3rd to the east. The Bozeman Community Plan 2020 designates this property as Public Institutions on the Future Land Use Map. The PLI district is an implementing district of this land use classification. UNRESOLVED ISSUES:None 263 ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by the Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 24714 2221 S 3rd Ordinance 2025 - XX.pdf 002 - ZONE MAP AMENDMENT.pdf Report compiled on: September 29, 2025 264 Ord 2025-___ Page 1 of 5 ORDINANCE 2025 - ____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 1.048 ACRES AS PLI, PUBLIC LANDS AND INSTITUTIONS, KNOWN AS THE 2221 SOUTH 3RD AVENUE ZONE MAP AMENDMENT, APPLICATION 24714. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of PLI (Public Lands and Institutions) on 1.048 acres plus the adjacent right-of-way respectively has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on July 7, 2025, to receive and review all written and oral testimony on the request for a zone map amendment; and 265 Ordinance 2025 - ____ Zoning Ordinance Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended the Bozeman City Commission that application No. 24714 the 2221 South 3rd Avenue Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on July 22, 2025, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3- 304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and 266 Ordinance 2025 - ____ Zoning Ordinance Page 3 of 5 conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the application. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the 2221 South 3rd Avenue Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as PLI, Public Lands and Institutions District: Being Certificate of Survey No. 2636 Tract 2 Located in the Southeast One-Quarter of the Southeast One-Quarter of Section 13, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana. Commencing at a point which is the Southwest corner of Section 13, Township 2 South, Range 5 East, P.M.M., Thence South 89°04'35" West, a distance of 30.01 feet along the South line of Section 13 to the Point of Beginning; thence South 89°04'35" West along the South line of Section 13 a distance of 234.03 feet; thence South 89°05'57" West along the South line of said Section 13 a distance of 26.63 feet; thence leaving said south section line North 0°54'03" West, a distance of 176.50 feet; thence South 89°48'51" East, a distance of 263.96 feet to a point on the west right-of-way of South 3rd Avenue; thence along said right-of-way South 0°11'09" West, a distance of 171.44 feet to the Point of Beginning. Said Tract contains 1.048 acres, more or less, and subject to all existing easements of record or apparent on the ground. All as depicted on the 2221 South 3rd Avenue Zoning Map. 267 Ordinance 2025 - ____ Zoning Ordinance Page 4 of 5 Section 3 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 4 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 5 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 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 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 268 Ordinance 2025 - ____ Zoning Ordinance Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___th day of _______________, 2025. ____________________________________ 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 ________________, 2025. The effective date of this ordinance is _____________, ____, 2025. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 269 S89°48'51"E 263.96'N0°54'03"W176.50'S89°05'57"W 26.63'S89°04'35"W 234.03'S0°11'09"W171.43'S89°04'35"W 30.01' 45' 45' 30' 30' 45' 90' 45' 13 18 1924 TRACTC.O.S. 421 TRACT 1 C.O.S. 26 3 6 TRACT 2 C.O.S. 2636 PARCEL 1 AMENDE D S U B D I V I S I O N P L A T O V E R B R O O K A T W E S T R I D G E , PLAT I-6- B PARCEL 1 C.O.S. 30 5 2DEED FILM 92 PAGE 4544DEED FILM 92 PAGE 4541TRACT 2C.O.S. 2728 ANNEXATION AREA SUMMARY TRACT 2 C.O.S. 2636 1.048 ACRES TOTAL 1.048 ACRES PROJECT NO. SHEET NUMBER COPYRIGHT MORRISON-MAIERLE,2025 Plotted by kyle thompson on Mar/13/2025 DRAWN BY: FLD WK. BY: CHK. BY: DATE: ©N:\10236\002\ACAD\Survey\10236.002 ANNEXATION-ZONE MAP AMENDMENT MAP.dwgTRACT 2 OF CERTIFICATE OF SURVEY No. 2636 LOCATED IN THE SE1/4 SE1/4 OF SECTION 13, TOWNSHIP 2 SOUTH,RANGE 5 EAST,P.M.M. ZONE MAP AMENDMENT MAP BOZEMAN MONTANA 10236.002 EX. A-1 NJM KIT 12/2024engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 50 1000 SCALE IN FEET THOMPS O N ADDITION TO BOZE M A N No. 3 THOMPS O N ADDITION TO BOZE M A N No. 3 HILL STREET POINT OF BEGINNING PROPOSED ZONING PLI KAGY BOULEVARD SOUTH 3RD AVENUEZONE MAPBEING CERTIFICATE OF SURVEY NO. 2636 TRACT 2 LOCATED IN THE SOUTHEAST ONEQUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 5EAST, LOCATED AT 2221 SOUTH THIRD.Legal Description Tract 2 of Certificate of Survey No. 2636Being Certificate of Survey No. 2636 Tract 2 Located in the Southeast One-Quarterof the Southeast One-Quarter of Section 13, Township 2 South, Range 5 East,Principal Meridian Montana, Gallatin County, Montana.Commencing at a point which is the Southwest corner of Section 13, Township 2South, Range 5 East, P.M.M.,Thence South 89°04'35" West, a distance of 30.01 feet along the South line ofSection 13 to the Point of Beginning; thence South 89°04'35" West along the Southline of Section 13 a distance of 234.03 feet; thence South 89°05'57" West along theSouth line of said Section 13 a distance of 26.63 feet; thence leaving said southsection line North 0°54'03" West, a distance of 176.50 feet; thence South 89°48'51"East, a distance of 263.96 feet to a point on the west right-of-way of South 3rdAvenue; thence along said right-of-way South 0°11'09" West, a distance of 171.44feet to the Point of Beginning.Said Tract contains 1.048 acres, more or less, and subject to all existing easementsof record or apparent on the ground. 270 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney Erin George, Director of Community Development Chuck Winn, City Manager SUBJECT: Final 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 21, 2025 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Consider the Motion: I move to finally 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: On October 7, 2025 the Commission provisionally adopted the attached Ordinance. This item will finally adopt the Ordinance. Please refer to the staff memorandum from October 7th and the video record from that meeting for more information. The proposed Ordinance repeals provisions of the Bozeman Municipal Code related to the planning board, zoning commission, design review board, board of adjustment, and wetlands review board. The repeal of the these divisions of the municipal code will allow the City to rely on current statutory requirements for the planning board and zoning commission and structure the Community Development Board 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). UNRESOLVED ISSUES:None identified. 271 ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None. Attachments: Ord Repeal chtp 2 art 5 div 4 15 16 17 and 18 10 8 25 FINAL ADOPTION .docx Report compiled on: September 30, 2025 272 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 273 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 274 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. 275 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 276 Memorandum REPORT TO:City Commission FROM:Shelby Hall GVCTC Coordinator SUBJECT: Special presentation over the Prevention Needs Assessment and the Gallatin Valley Communities That Care (GVCTC) Coalition Priorities MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Receive information STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND: Gallatin Valley Communities That Care (GVCTC) is a community-owned coalition comprised of public health/safety professionals as well as community members across the county. Our mission is to prevent behavioral health problems in our youth before they happen. In our efforts, we have recently analyzed the Prevention Needs Assessment for our county. In our presentation, we will go over the value of this survey, the general results of it, as well as what our coalition will be prioritizing to address in Gallatin County. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: September 29, 2025 277 Memorandum REPORT TO:City Commission FROM:Gracie Caldwell, MSU Student Kai Hegna, ASMSU Director of Government Affairs 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 21, 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 278 Memorandum REPORT TO:City Commission FROM:Judge Karolina Tierney Greg Sullivan, City Attorne SUBJECT:Provisional Adoption of an Ordinance Amending Various Sections of Chapter 22, Article 1 of the Bozeman Municipal Code Related to the Administration of the Bozeman Municipal Court MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt the Ordinance. 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 Chief Judge of the Municipal Court requests the City Commission adopt an ordinance related to the administration of the Court. Recently, the Court recognized the position of court clerk should be expanded to play a larger role in the administration of the Court. The adjustments reflect this change. See Sections 2 and 3 of the proposed ordinance. In addition, the municipal code provisions related to several aspects of court administration are proposed for updating. These include: recognizing hours set by the court must be in compliance with state law (Section 1 of the proposed ordinance); amending the qualifications for a judge pro tempore to reflect the statutory requirements (Section 5 of the proposed ordinance); and ensuring a vacancy in the office of a municipal court judge is filled pursuant to state law (Section 6 of the proposed ordinance). Finally, Section 4 is proposed as a cleanup to the current code as the City no longer has a department of administrative services and support for the Court's financial services is provided by the Finance Department. Should the Commission provisionally adopt this ordinance, final adoption will be scheduled for the special meeting on Monday, November 10th. UNRESOLVED ISSUES:None identified. 279 ALTERNATIVES:None recommended. FISCAL EFFECTS:None identified. Attachments: Ord for Court Admin 10.7.25 FINAL.docx Report compiled on: October 8, 2025 280 Version February 2023 Ord _____ Page 1 of 5 ORDINANCE ____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 22.01.020, 22.01.030, 22.01.040, 22.01.100, 22.01.110, AND 22.01.120 OF THE BOZEMAN MUNICIPAL CODE RELATED TO THE MUNICIPAL COURT. WHEREAS, pursuant to Sec. 4.05 of the City of Bozeman’s Charter, there shall be a municipal court as prescribed by state law; and WHEREAS, Chapter 22, BMC establishes the municipal court in compliance with State law; and WHEREAS, it is in the interests of the City and upon the recommendation of the Chief Judge of Municipal Court to adjust the municipal code to reflect the change in title from clerk of the municipal clerk to court administrator as provided herein and to adjust the court’s duties related to records and the deposit of funds, adjust the qualifications of a judge pro tempore, and adjust how a vacancy in the office of a municipal court judge is filled to be in compliance with State law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Bozeman Municipal Code Section 22.01.020 is amended to read: “Sec. 22.01.020. - Sessions. A. The municipal court will be in session at times and on days established by the court except nonjudicial days. A judge may set specific hours as necessary., pursuant to state law. B. Nonjudicial days are defined as any legal holidays, or days appointed by the President of the United States or by the Governor of Montana for a public fast, thanksgiving, or holiday except as set forth in subsection C of this section. 281 Ordinance No. _____, Amending BMC Chapter 22 Page 2 of 5 C. The municipal court will, on any day: 1. Give instructions to a jury when deliberating; 2. Receive a verdict or discharge a jury; 3. Exercise its powers in a criminal action; and 4. Issue writs of prohibition, injunctions and habeas corpus.” Section 2 That Bozeman Municipal Code Section 22.01.030 is amended to read: “Sec. 22.01.030. - Office of court administrator/clerk of the municipal court. “The position of clerk of the municipal court is established. The clerk will work under the supervision and control of the chief municipal judge. The clerk of the municipal court may operate under the title of municipal court administrator or chief clerk so long as they perform the duties required by this chapter and MCA 3-6-301.” Section 3 That Bozeman Municipal Code Section 22.01.040 is amended to read: “Sec. 22.01.040. - Duties of the court administrator/clerk of the municipal court. The clerk of the municipal court will establish, maintain, retain and administer all municipal court records by means of electronic filing or storage or both pursuant to law. In any event, the clerk will maintain a paper copy of all records established. The clerk will assist the municipal judge in the recording and signing of court proceedings as well as general operations of the court. The clerk will have all other powers and duties as prescribed in MCA 3-5-501, relevant to a municipal court as well as all other duties assigned by the department of administrative services chief judge.” Section 4 That Bozeman Municipal Code Section 22.01.100 is amended to read: “Sec. 22.01.100. - Oath and deposit of funds. A. The oath of office will be filed with the office of the city clerk. 282 Ordinance No. _____, Amending BMC Chapter 22 Page 3 of 5 B. The moneys, from whatever source, collected under the jurisdiction of the municipal judge will be deposited and managed in accordance with law. C. All such moneys will be deposited with the treasurer of the city as directed by the director of administrative services finance.” D. In order to establish an appropriate control of moneys deposited temporarily for bonds, appearance bonds, etc., all such moneys will be placed into a trust fund to be maintained and controlled by the clerk of the municipal court. Upon final disposition of the matter to which such a bond pertains by the municipal court, the clerk of the municipal court will disburse such moneys according to the direction of the a municipal judge.” Section 5 That Bozeman Municipal Code Section 22.01.110 is amended to read: “Sec. 22.01.110. - Qualifications of a judge pro tempore. A. When a judge of the municipal court has been disqualified or is sick or for any reason unable to act, the judge will call in a qualified practicing attorney of the city who will be judge pro tempore with the same powers for the purposes of the cause as the judge of the municipal court. B. Any person acting as judge pro tempore must meet the following qualifications: 1. Bbe a sitting or retired judge of a court of record or be an attorney admitted to practice in the state who is a member of and is in good standing with the state bar of Montana. for a period of not less than five years; and 2. Be either a resident of the county or have a law practice or other law-related employment whose business address is within the county.” Section 5 That Bozeman Municipal Code Section 22.01.120 is amended to read: “Sec. 22.01.120. - Vacancy filled by commission. A vacancy in the position of municipal court judge will be filled for the remainder of the unexpired term, pursuant to state law. Should a vacancy occur in the office of a municipal judge, the city commission will appoint a qualified individual to serve for the remainder of the term.” 283 Ordinance No. _____, Amending BMC Chapter 22 Page 4 of 5 Section 6 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 7 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 8 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 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 9 Codification. This Ordinance shall be codified as provided for in Sections 1 through 5. Section 10 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 284 Ordinance No. _____, Amending BMC Chapter 22 Page 5 of 5 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 285 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Resolution Amending the City's FY26 Annual Operating Budget to Increase Appropriations in the Parks and Trails District Fund and Increase Transfers in the Park Land Trust Fund MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution Amending the City's FY26 Annual Operating Budget to Increase Appropriations in the Parks and Trails District Fund and Increase Transfers in the Park Land Trust Fund STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:The proposed Resolution will fund the following four large capital projects that commenced in Fiscal Year 2025 and are continuing in Fiscal Year 2026: GF339 Story Mill Community Park East Parking Lot ($90,000) GF250 Story Mill Community Park Splash Pad ($80,000) PTD24 Bozeman Sports Park Field 7 ($44,000) PTD29 Bozeman Sports Park Field 13 and Parking Lot ($466,000) The Resolution proposes transferring $680,000 from the Park Land Trust Fund to the Parks and Trails District Fund, and increasing appropriations in the Parks and Trails District Fund by the same amount to support the remaining costs on each project. The Park Land Trust Fund is estimated to have a $920,000 balance remaining after the transfer to the Parks and Trails District fund. There is no change to ending balance in the Parks and Trails District Fund. GF339 Story Mill Community Park East Parking Lot The parking lot was in the Story Mill Community Park Master Plan but was not constructed in Phase 1 due to funding constraints. The project estimate from initial conception was never adjusted with inflationary increases. A change order was authorized to enhance the landscaping between the parking lot and ground-level residential homes built since the construction of the park using allocated funds from the Park Land Trust. 286 FY22 Budget Allocation: $425,000 Park & Trails District Total Project Cost: $830,000 FY25 and 26 Reallocations: $325,000 FY26 Budget Amendment Proposed: $80,000 Park Land Trust GF250 Story Mill Community Park Splash Pad The splash pad was in the Story Mill Community Park Master Plan but was not constructed in Phase 1 due to funding constraints. The project was commenced along with funding from community partners, however several design changes were necessary to ensure the long-term maintenance feasibility and to retrofit the design with the existing infrastructure. Partnership agreements and design changes delayed the project's start and no inflationary increases or project-specific amendments were done since the initial estimate provided by the Park partners. FY22 Budget Allocation: $615,000 ($360,000 Park & Trails District; $155,000 Trust for Public Land; $100,000 Gallatin County Open Lands Grant) Total Project Cost Estimate: $1,236,000 FY25 and 26 Reallocations: $530,000 FY26 Budget Amendment Proposed: $90,000 Park Land Trust PTD24 Bozeman Sports Park Field 7 This new project commenced in fiscal year 2025 due to a funding opportunity presented by the Bozeman Sports Park Foundation (BSP Foundation) and a primary donor, Montana Institute of Sports. Design of Field 7 was fully funded by BSP Foundation; the City is partnering on certain aspects of the field that support the completion of the park master plan including irrigation and pedestrian pathway extensions. In Fiscal Year 2025, reserves were used to ensure that contract amounts had appropriations. A Memorandum of Understanding with the BSP Foundation outlines funding terms. Total Project Estimate: $2,043,500 FY26 Budget Amendment Proposed: $44,000 Park Land Trust PTD29 Bozeman Sports Park Field 13 and Parking Lot This new project commenced in fiscal year 2025 due to a funding partnership presented by Bozeman Public School District (BSD7). The field and parking lot are significantly funded by BSD7 in accordance with a Memorandum of Understanding; the City is funding certain aspects that support the completion of the park master plan and ensure coordination between the north and south phases of the park. In Fiscal Year 2025, funds allocated for engineering contracts were used to commence design contracts and BSD7 provided an initial sum of money to offset costs. Total Project Estimate: $3,467,670 FY26 Budget Amendment Proposed: $466,000 Park Land Trust 287 UNRESOLVED ISSUES:NA. ALTERNATIVES:Per City Commission. FISCAL EFFECTS:The Park Land Trust Fund current balance is $1,600,000. The balance will be approximately $920,000 upon approval of the Resolution. Attachments: Resolution Parks Budget Amendment FY26.docx Report compiled on: October 8, 2025 288 Version February 2023 RESOLUTION 2025 - _____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY’S FY26 ANNUAL OPERATING BUDGET TO INCREASE APPROPRIATIONS IN THE PARKS AND TRAILS DISTRICT FUND AND INCREASING TRANSFERS IN THE PARK LAND TRUST FUND. WHEREAS, the City Commission did, on the 10th day of June 2025, after due and proper legal notice, conduct a public hearing and adopt the annual operating budget for Fiscal Year 2026; and WHEREAS, the Park Land Trust Fund has approximately $680,000 in fund reserves available that could be appropriated to additional capital projects; and WHEREAS, the City Commission did, on the 21st of October, 2026, after due and proper legal notice, conduct a public hearing on proposed amendments to the operating budget. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 – Appropriation Additions The City Commission of the City of Bozeman, Montana, does hereby authorize additional expenditures for the projects listed below increasing appropriation by $680,000 in the Parks and Trails District Fund and increasing transfers in the Park Land Trust Fund by $680,000. GF339 Story Mill Community Park East Parking Lot ($90,000) GF250 Story Mill Community Park Splash Pad ($80,000) PTD24 Bozeman Sports Park Field 7 ($44,000) PTD29 Bozeman Sports Park Field 13 and Parking Lot ($466,000) 289 Version February 2023 Section 2 Pursuant to Section 7-6-4030, M.C.A., this resolution, upon its passage, shall be in full force and effect on October 21, 2025. Section 4 That should it be found by any court of competent jurisdiction that any section, clause, portion, sentence, word, or phrase of this resolution is deemed to be contrary to any existing law or regulations, that in this instance, it is the intent of the City Commission of the City of Bozeman, Montana, that all other portions, sections, words, clauses, phrases, or paragraphs of this document shall remain in full force and effect. 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 290 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:College St 8th to 11th Renovation Work Session MEETING DATE:October 21, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Receive presentation and advise staff on preferred alternatives for final design. 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 appropriated funding in the FY26 Operating Budget for a renovation of College Street from 8th to 11th as approved in the FY26- 30 Capital Improvement Plan. The city intends to bid the project in late- winter 2026 with construction following the end of the Montana State University school year in order to avoid schedule conflicts with the upcoming Kagy Boulevard Reconstruction planned for 2027-2028. The consultant team of TD&H Engineering and Kittelson have been hired to lead design of the project. Tasks completed to date include survey, geotechnical investigation, and traffic study with conceptual alternatives. City staff has led public engagement with the intent of confirming the scope of improvements for final design. Having considered feedback received, staff proposes the following scope of improvements for final design: Mill & Overlay of pavement surface Reconstruction of north sidewalk and addition of boulevard with appropriate street trees Removal of parking lane along south curb Addition of shared use path and boulevard with appropriate street trees along south curb Addition of elevated mid-block crosswalk with Rapid Rectangular Flashing Beacon (RRFB) between 9th and 10th street Removal of limited driveway cuts along north curb with addition of street parking Maintain existing all-way stop control at S 8th intersection Staff will provide Commission a presentation with results from the community open house held on 9/22 and feedback from a work session held 291 with the Transportation Advisory Board on 9/24 regarding policy issues of driveway consolidation and parking supply as well as design elements regarding bicycle facility type, pedestrian safety, and intersection control. Commission is asked to provide staff with direction on the final proposed scope of improvements. Commission and members of the public are asked to review the FY26-30 CIP and the project Engage page prior to the work session. UNRESOLVED ISSUES:Scope of Final Design. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Project SIF157 has been allocated $2,465,800 from the Arterial & Collector District in the FY26 Operation Budget. Current cost estimate of proposed improvements is approximately $1,300,000. Report compiled on: October 6, 2025 292