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HomeMy WebLinkAbout12-09-25 City Commission Special Meeting Agenda and Packet MaterialsA.Call Special Meeting to Order - 4:00 PM - Commission Room, City Hall, 121 North Rouse B.Executive Session B.1 City Manager Annual Performance Evaluation(City Commission) C.Pledge of Allegiance and a Moment of Silence or Mindfulness D.Changes to the Agenda THE CITY COMMISSION OF BOZEMAN, MONTANA SPECIAL MEETING AGENDA Tuesday, December 9, 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 Discuss the City Manager Annual Performance Evaluation The Mayor may close the meeting to the public pursuant to Sect. 2-3-203(3), MCA, during the time discussion relates to a matter of individual privacy if, and only if, the Mayor determines the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion pertains and, in that event, the meeting must be open. 1 E. FYI F. Commission Disclosures G. Consent G.1 Accounts Payable Claims Review and Approval (Edwards) G.2 Ratify the Construction Contract with CK May Excavating, Inc Signed by the City Manager for the Sourdough Water Supply Pipeline Emergency Repairs Project.(Heaston) G.3 Authorize the City Manager to sign a Professional Services Agreement with Clean Slate for the 2025-2026 Sidewalk Snow and Ice Removal Services.(Bailey) G.4 Authorize the City Manager to Sign a Professional Services Agreement with OnSite Solar for the Bozeman Public Library Solar PV Expansion Project(Meyer) G.5 Authorize the City Manager to sign Professional Services Agreement with TD&H Engineering for Geotechnical and Environmental Services for the Fowler Housing Project(Fine) G.6 Resolution Authorizing the City Manager to Sign Change Order 1 for the WRF MCC Installation Project.(Heaston) G.7 Resolution Authorizing Change Order No. 4 with CK May Excavating, Inc. For the 2024 Street and Utility Improvements Project(Johnson) G.8 Resolution Authorizing the City Manager to Retire Police K9 "Stretch" and Execute An Agreement with Officer Braden Peterson to Transfer "Stretch."(Veltkamp) G.9 Resolution Adopting the Bozeman Creek Vision Plan Community Engagement Plan(Henderson) H. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission I. Special Presentation I.1 Integrated Water Resources Plan Update(Kohtz) J. Action Items This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. 2 J.1 A Resolution of the City Commission of the City of Bozeman, Montana, Regarding a Tract of Land Commonly Know as N. Black Parking Lot Pocket Park, Being 0.03 Acres in Size and Consisting of a Portion of Lot 22, Block E, Original Townsite Plat of Bozeman City, Declaring Said Portion of Tract of Land to be Public Parkland, and Establishing the Name of Declared Parkland as I-Ho Pomeroy Peace Park(Knapper) J.2 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of M-1 on 4.24 Acres, the 113 Maus Lane Annexation, Application 25213(Rogers) K. Work Session K.1 Fiscal Years (FY) 2027-31 Recommended Capital Improvements Plan (Hodnett) L. FYI / Discussion M. Adjournment Consider the Motion: Adopt a Resolution of the City Commission of the City of Bozeman, Montana, Regarding a Tract of Land Commonly Know as N. Black Parking Lot Pocket Park, Being 0.03 Acres in Size and Consisting of a Portion of Lot 22, Block E, Original Townsite Plat of Bozeman City, Declaring Said Portion of Tract of Land to be Public Parkland, and Establishing the Name of Declared Parkland as I-Ho Pomeroy Peace Park Consider the Motions: Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 25213 and move to approve the 133 Maus Lane Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 25213 and move to approve the 133 Maus Lane Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. 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:Mayor, Terry Cunningham Deputy Mayor, Joey Morrison Commissioner, Jennifer Madgic Commissioner, Douglas Fischer Commissioner, Emma Bode SUBJECT:City Manager Annual Performance Evaluation MEETING DATE:December 9, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Discuss the City Manager Annual Performance Evaluation The Mayor may close the meeting to the public pursuant to Sect. 2-3-203(3), MCA, during the time discussion relates to a matter of individual privacy if, and only if, the Mayor determines the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion pertains and, in that event, the meeting must be open. STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the community’s trust. BACKGROUND:City Manager Winn's performance evaluation is contractually required to occur in December of each year. UNRESOLVED ISSUES:None ALTERNATIVES:As per the Commission. FISCAL EFFECTS:None Report compiled on: November 20, 2025 4 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:December 9, 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 December 10, 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 5 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer Shawn Kohtz, Director of Utilities Greg Sullivan, City Attorney SUBJECT:Ratify the Construction Contract with CK May Excavating, Inc Signed by the City Manager for the Sourdough Water Supply Pipeline Emergency Repairs Project. MEETING DATE:December 9, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Ratify the Construction Contract with CK May Excavating, Inc Signed by the City Manager for the Sourdough Water Supply Pipeline Emergency Repairs Project. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:Sourdough Tank is presently offline and drained of water to complete the Phase 1 Sourdough Tank Rehabilitation Project. After the tank had been completely emptied a continuous discharge of approximately 200 gpm was observed exiting the tank’s drain line. An investigation ensued to determine the origin of this water that identified a main break on the 24” pipeline connecting the tank to the municipal water distribution system. City water operations crews are unable to repair the break due to its 20’ depth, thus necessitating the attached emergency contract with CK May Excavating. To facilitate a safe repair and reduce operational risks to the water system, a new 24” valve must be installed on the 24” pipeline about 150’ down the line from the break. The new valve allows the break to be isolated and keep the hydraulic control valves in the Sourdough Bypass building operational. The control valves are critical system components that regulate system pressure and flowrate. Once the new valve is installed, the 24” main break can be repaired. The attached emergency contract with CK May Excavating was executed on November 20, 2025 for the new 24” valve installation and pipeline repair. The City is exercising the exemption from public bidding for certain contracts provided at MCA 7-5-4303 to affect the emergency repair. The City Commission through its ratification of this emergency contract recognizes and declares that an emergency exists and that immediate repair of the 24” pipeline serves the public interest. Ratification must occur by supermajority 6 vote. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:The attached emergency contract provides payment on a cost-plus percentage fee basis. The City will reimburse the contractor its project costs for materials, labor, and equipment, which shall be determined in accordance with industry standard methods, and provide a 20% fee above such costs for general overhead and profit. Funding for the emergency project is from the water enterprise fund. Total costs, including City- provided materials, are anticipated to run between $100k - $200k. Attachments: Emergency Contract CK May.pdf Report compiled on: November 21, 2025 7 8 9 10 11 12 13 14 15 16 17 18 19 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/22/2025 (406) 586-3351 (406) 586-0437 15377 CK May Excavating, Inc., Big Iron, LLC PO Box 1426 Belgrade, MT 59714 15819 25569 A 1,000,000 X CPP136718000 3/13/2025 3/13/2026 500,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000A X CPP136413800 3/13/2025 3/13/2026 4,000,000A X UMB106069501 3/13/2025 3/13/2026 4,000,000 10,000 B 034824797 7/1/2024 7/1/2025 1,000,000 Y 1,000,000 1,000,000 A Leased Equipment CPP136718100 3/13/2025 Ded 1,000 Limit 500,000 C Follow Form EX202500006038 3/13/2025 3/13/2026 Excess Liability 4,000,000 City of Bozeman – Riverside Lift Station and Force Main City of Bozeman, Engineer, respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each are additional insured per the forms attached. The State and its officers, officials, employees and volunteers are also included as additional insureds per the forms attached. 45 Day Notice of Cancellation applies for the City of Bozeman. City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 CKMAYEX-01 CSCHNEIDENBACH Bozeman Office Marsh McLennan Agency LLC Company 1105 E. Main Bozeman, MT 59715 Western National Mutual Insurance Company Montana State Fund Gotham Insurance Company X 3/13/2026 X X X X X X X 20 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY WN GL 48 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WN GL 48 07 15 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sion applies: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. As required by written contract or agreement where you agreed to name a party or parties as additional insured(s).As required by written contract or written agreement. 21 WN GL 48 07 15 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This exclusion applies even if the claims against an additional insured allege negli- gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of or failure to render any profes- sional services by you with respect to your providing engineering, architectural or survey- ing services in your capacity as an engineer, architect or surveyor. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered op- erations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing op- erations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy pro- vided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 22 23 24 IA 4087 09 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICYCLAIMS-MADE EXCESS LIABILITY COVERAGE PARTCOMMERCIAL AUTO COVERAGE PARTCOMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PARTDENTIST'S PACKAGE POLICYELECTRONIC DATA LIABILITY COVERAGE PARTEXCESS LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPOLLUTIONLIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS COVERAGE PARTPRODUCTWITHDRAWAL COVERAGE PARTPROFESSIONALLIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PARTPROFESSIONALUMBRELLA LIABILITY COVERAGE PART -CLAIMS-MADERAILROAD PROTECTIVE LIABILITY COVERAGE PARTUNDERGROUND STORAGE TANK POLICY SCHEDULE Name and mailing address of person(s)or organization(s): Number of days notice (other than nonpayment of premium): A.If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule.We will mail such notice at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal. B.If we cancel this policy for nonpayment of premium, we will mail notice to the person or organization shown in the Schedule.We will mail such notice at least 10 days before the effective date of cancellation. C.If notice is mailed,proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. D.In no event will coverage extend beyond the actual expiration, termination or cancellation of the policy. CITY OF BOZEMAN 121 N ROUSE AVE BOZEMAN, MT 59715-3740 45 25 WN CA 27 06 16 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, with its permission Page 1 of 5 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes:  Newly Acquired Organizations for up to 180 Days 2  Employees as Insureds 2  Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2, 5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 4 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses - Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments - Amended:  Bail Bonds up to $5,000 2  Loss of Earnings up to $500/Day 2 Transportation Expense Limits – Amended 3 Unintentional Failure to Disclose Hazards 5 26 WN CA 27 06 16 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, with its permission Page 2 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II – COVERED AUTOS LIABILITY COVERAGE AMENDMENTS A. Who Is An Insured SECTION II – COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended to add: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, “insured” does not include any subsidiary of yours that is an “insured” under any other automobile liability policy, or would be an “insured” under such policy but for termination of such policy or the exhaustion on such policy’s limits of insurance. e. Any organization which is newly acquired or formed by you and over which you maintain majority ownership. However, coverage under this provision: (1) is afforded only for the first 180 days after you acquire or form the organization or until the end of the policy period, whichever comes first; (2) does not apply to “bodily injury” or “property damage” that results from an “accident” that occurred before you formed or acquired the organization; (3) does not apply to any newly acquired or formed organization that is a joint venture or partnership; and (4) does not apply to an “insured” under any other automobile liability policy, or would be an “insured” under such a policy but for ter- mination of such policy or the exhaustion of such policy’s limits of insurance. f. Any “employee” of yours is an “insured” while using a covered “auto” you don’t own, hire or borrow in your business or your personal affairs. g. Any “employee” of yours is an “insured” while operating a covered “auto” hired or rented under a contract or agreement in the “employee’s” name, with your permission, while performing duties related to the conduct of your business. B. Blanket Additional Insured SECTION ll – COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, paragraph c. is amended to add the following: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the “bodily injury” or “property damage” occurs and that is in effect during the policy period, to be named as an additional insured is an “insured” for Liability Coverage, but only for damages to which this insurance applies and only to the extent that persons or organization qualifies as an “insured” under the Who Is An Insured provision contained in Section ll. C. Liability Coverage Extensions – Supplementary Payments SECTION II – COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is amended by replacing subparagraphs (2) and (4) with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an “accident” we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the “insured” at our request, including actual loss of earnings up to $500 a day because of time off from work. 27 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, with its permission Page 3 of 5 D. Fellow Employee Coverage SECTION II – COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee, the following is added: Co-Employee Lawsuit Defense Cost Reimbursement If a suit seeking damages for “bodily injury” to any fellow “employee” of the “insured” arising out of and in the course of the fellow “employee’s” employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of that fellow “employee”, is brought against you, we will reimburse reasonable costs that you incur in the defense of such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. SECTION III – PHYSICAL DAMAGE COVERAGE AMENDMENTS A. Transportation Expense – Limits Amended SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Trans- portation Expenses is amended by replacing $20 per day/$600 maximum limit with $50 per day/$1000 maximum. B. Hired Auto Physical Damage – Loss Of Use Expenses – Limits Amended SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $20 per day/$600 maximum limit with $50 per day/$750 maximum limit. C. Personal Effects Coverage SECTION lll – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: c. Personal Effects We will pay up to $500 for “loss” to personal effects, which are: (1) Owned by an “insured”; and (2) In or on your covered “auto.” This coverage applies only in the event of the total theft of your covered “auto.” No deductible applies to this coverage D. Glass Repair – Deductible Waiver SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles, is amended by adding the following: No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. E. Hired Auto Physical Damage SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 5. Hired Auto Physical Damage If hired “autos” are covered “autos” for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are pro- vided under this coverage form for any “auto” you own, then the Physical Damage Coverages provided are extended to “autos” you hire of like kind and use, subject to the following: a. The most we will pay for any one “loss” is $50,000 or the actual cash value or cost to repair or replace, whichever is less, minus a deductible; b. The deductible will be equal to the largest deductible applicable to any owned “auto” for that coverage. Any Comprehensive deductible does not apply to “loss” caused by fire or lightening; c. Hired Auto Physical Damage coverage is excess over any other collectible insurance; and d. Subject to the above limit, deductible and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered “auto” you own. If a limit for Hired Auto Physical Damage is indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit indicated above. 28 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, with its permission Page 4 of 5 F. Rental Reimbursement SECTION III – PHYSICAL DAMAGE COVERAGE A. Coverage, is amended by adding the following: 6. Rental Reimbursement This coverage applies only to a covered “auto” of the private passenger or light truck type as follows: a. We will pay for rental reimbursement expenses incurred by you for the rental of a private passenger or light truck type “auto” because of “loss” to a covered private pas- senger or light truck type “auto”. Payment applies in addition to the otherwise applica- ble amount of each coverage you have on a covered private passenger or light truck type “auto.” No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning 24 hours after the “loss” and ending, regardless of the policy’s expiration, with the lesser of the fol- lowing number of days: (1) The number of days reasonably re- quired to repair or replace the covered private passenger or light truck type “auto”. If “loss” is caused by theft, this number of days is added to the number of days it takes to locate the covered private passenger or light truck type “auto” and return it to you; or (2) 30 days. c. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred, or (2) $50 per day, up to a maximum of $1,000. d. This coverage does not apply while there are spare or reserve private passenger or light truck type “autos” available to you for your operations. e. If “loss” results from the total theft of a covered “auto” of the private passenger or light truck type, we will pay under this cover- age only that amount of your rental reim- bursement expenses which is not already provided for under SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. G. Accidental Airbag Deployment Coverage SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 7. Accidental Airbag Deployment Coverage We will pay to reset or replace factory installed airbag(s) in any covered “auto” for accidental discharge, other than discharge due to a collision loss. This coverage is applicable only if comprehen- sive coverage applies to the covered “auto”. This coverage is excess over any other collecti- ble insurance or reimbursement by manufac- turer’s warranty. H. Auto Loan/Lease Gap Coverage SECTION III PHYSICAL DAMAGE COVERAGE, Item A., Coverage, is amended by adding the following: 8. Auto Loan/Lease Gap Coverage This coverage applies only to a covered “auto” described or designated in the Schedule or in the Declarations as including physical damage coverage. In the event of a covered total “loss” to a covered “auto” described or designated in the Schedule or in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered “auto” less: a. The amount paid under the Physical Damage Coverage Section on the policy; and b. Any: (1) Overdue lease/loan payments at the time of the “loss”; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. 29 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, with its permission Page 5 of 5 SECTION IV – BUSINESS AUTO CONDITIONS AMENDMENTS A. Duties In The Event Of Accident, Claim, Suit Or Loss Amended SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. is amended by adding the following: This condition applies only when the “accident” or “loss” is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. But, this section does not amend the provisions relating to notification of police, protection or exami- nation of the property which was subject to the “loss”. B. Blanket Waiver of Subrogation Section IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us, is amended by adding the following exception: However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any “accident” or “loss”, provided that the “accident” or “loss” arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. C. Unintentional Failure to Disclose Hazards SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepre- sentation Or Fraud, is amended by adding the following paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of the policy, or during the policy period in connection with any additional hazards, we will not deny coverage under this Cov- erage Part because of such failure. D. Employee Hired Auto SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, paragraph b. is deleted and replace by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be a covered “autos” you own: (1) Any covered “auto” you lease, hire, rent or borrow. (2) Any covered “auto” hired or rented by your “employee” under a contract in that individual “employee’s” name, with your permission, while performing duties related to the conduct of your business. However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered “auto”. 30 31 32 33 34 35 36 37 38 39 COMMERCIAL LIABILITY UMBRELLA WN CU 117 04 18 WN CU 117 04 18 Page 1 of 1 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following is added to Section IV – Conditions – 5. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (3) The order of payment specified by this endorsement only applies to the extent permitted by law. The following is added to: SECTION II – LIMITS OF INSURANCE For the purposes of this endorsement only, we will not pay more on behalf of the additional insured and the lesser of: 1. The minimum limits of insurance required in a written contract on a primary and non-contributory basis for such additional insured, but only to the extent the required Limits of Insurance are in excess of the “underlying insurance,” or 2. The Limits of Insurance available after the payment of “ultimate net loss” on any insured’s behalf from any claim or “suit”. This provision is included within and does not act to increase the limit of insurance stated in the Declarations. Coverage will not be broader than the coverage provided by the underlying insurance listed in the “Schedule of Underlying Coverages.” 40 COMMERCIAL LIABILITY UMBRELLA WN CU 114 07 15 WN CU 114 07 15 Page 1 of 1 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WHO IS AN INSURED AMENDED This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to SECTION II – WHO IS AN INSURED, Paragraph 3. is replaced by the fol- lowing: 3. Any additional insured under any policy of “underlying insurance” will automati- cally be an insured under this insurance. Subject to Section III – Limits Of In- surance, if coverage provided to the additional insured is required by a con- tract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount of insurance required by the contract or agree- ment, less any amounts payable by any “underlying insurance; or b. The amount of insurance available under the applicable Limits of Insur- ance shown in the Declarations; whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the “underlying insurance”. 41 Memorandum REPORT TO:City Commission FROM:Ben Bailey, Neighborhood Services and Code Compliance Program Manager SUBJECT:Authorize the City Manager to sign a Professional Services Agreement with Clean Slate for the 2025-2026 Sidewalk Snow and Ice Removal Services. MEETING DATE:December 9, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with Clean Slate for the 2025-2026 Sidewalk Snow and Ice Removal Services. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Bozeman Streets Division has historically lacked the staffing capacity to clear sidewalks citywide. Bozeman Municipal Code therefor assigns sidewalk snow removal duties to the adjacent property owner. The City's Code Enforcement Division is then responsible for ensuring compliance. When a property owner is delinquent in clearing the sidewalks for which they are responsible, the city retains the contractor services to complete the work which is then assessed back to the property owner. Anticipated cost of this annual service allows for the city to seek quotes, from which a contractor can be selected. A Request for Proposal was publicly posted for this service, the city received multiple quotes for services. Of the quotes received, Clean Slate presented both the lowest cost and best proposal. The 2025-2026 contract will run from the execution of this agreement through June 30th 2026. UNRESOLVED ISSUES:None ALTERNATIVES:As Directed by City Commission FISCAL EFFECTS:Minimal. All costs paid pursuant to this agreement are invoiced back to the appropriate property owner by City Finance. Attachments: PSA Code Compliance Snow and Ice Removal Services 2025 through 2026.pdf Snow and ice removal scope of services exhibit a 2025 2026.docx 42 Report compiled on: November 25, 2025 43 Professional Services Agreement for Code Compliance Snow Removal Services 2025-2026 Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Clean Slate Group, 34 Outlier Way, Bozeman, MT, 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 1st day of June, 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, 44 Professional Services Agreement for Code Compliance Snow Removal Services 2025-2026 Page 2 of 12 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers 45 Professional Services Agreement for Code Compliance Snow Removal Services 2025-2026 Page 3 of 12 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 in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) 46 Professional Services Agreement for Code Compliance Snow Removal Services 2025-2026 Page 4 of 12 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 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. 47 Professional Services Agreement for Code Compliance Snow Removal Services 2025-2026 Page 5 of 12 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. 48 Professional Services Agreement for Code Compliance Snow Removal Services 2025-2026 Page 6 of 12 c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly 49 Professional Services Agreement for Code Compliance Snow Removal Services 2025-2026 Page 7 of 12 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 Ben Bailey 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 Scott Aamodt or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 50 Professional Services Agreement for Code Compliance Snow Removal Services 2025-2026 Page 8 of 12 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13.Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor 51 Professional Services Agreement for Code Compliance Snow Removal Services 2025-2026 Page 9 of 12 acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 52 Professional Services Agreement for Code Compliance Snow Removal Services 2025-2026 Page 10 of 12 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior 53 Professional Services Agreement for Code Compliance Snow Removal Services 2025-2026 Page 11 of 12 to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 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 1st, 2027. **** 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 CLEAN SLATE GROUP CONTRACTOR (Type Name Above) By________________________________By__________________________________ Chuck Winn, City Manager Print Name: Ryan Rickert Print Title: Owner/President APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 54 Exhibit A 2025-2026 SIDEWALK SNOW REMOVAL SCOPE OF SERVICES 1. WORK TO BE PERFORMED. a. The conditions set forth herein shall apply to all work performed by the Contractor on behalf of City. b. The Contractor will perform all work in accordance with the standards found in Bozeman Municipal Code Chapter 34 Article 6 acting in place of the land owner when assigned by City representative. 2. SPECIFICATIONS. a. The Contractor is to perform snow and ice removal of sidewalks and any other areas determined by the City representative through various methods such as, but not limited to: chipping, ice melts, blowing, shoveling, plowing, etc. b. The Contractor is required to maintain a database, using a platform approved by the City representative, of all documentation related to the execution of services herein. c. The City will prepare a weekly list of properties that are in violation of Bozeman Municipal Code 34.06.010 through 34.06.050 and submit it to the Contractor no later than Monday at 5:00 pm for each week in which Contractor services are required. The City will take a photograph of the uncleared sidewalk for each property in violation to document the condition of the snow on the property at the time cleanup is ordered and to aid the Contractor in identification. The City will also take a photograph of the door hanger left for each property in violation. Both photographs will be provided to Contractor and must be maintained in a database organized by each property address. d. The Contractor will take a photograph of the property immediately before and after the removal of snow. Photographs should show identifying scene markers as to confirm address/property location. The property address, date and time of snow removal activities must be recorded on the photographs. Photographs should be taken from approximately the same location for easy reference at a later date. All photographs must be maintained in a database organized by each address and must accompany the Contractor’s billing invoice for payment of any snow removal work. The Contractor may be summoned to testify in court regarding photographs and work performed. 55 e. The Contractor shall use equipment no wider than the sidewalk which is being cleaned. Equipment shall be of a weight that will not damage the sidewalk or adjacent property. f. The Contractor shall maintain its operation within the public right of way. g. Snow and ice must be completely removed from the sidewalks before payment will be made to the Contractor and shall not be moved into streets. h. If salt or other chemicals are used to loosen ice, only the minimum amount of salt or other chemicals will be used to adequately perform this function and the Contractor shall refrain from depositing any resulting salt/ice mixture onto private property, grassed, or landscaped area. Pet and environmentally friendly salt are preferred. 3. TIME. a. The Contractor shall complete snow removal operations for each non- compliant property within five (5) days of being assigned by the City. b. The City shall grant an equivalent time extension for each day past the deadline for submission to Contractor referenced in section 2c. The contractor may be required to work on any day of the week, including holidays. 4. MATERIALS, EQUIPMENT ANDLABOR. a. The Contractor undertakes and agrees to furnish and pay for all work equipment, tools, materials, labor, transportation and supervision necessary to perform the work herein described. 5. INDEPENDENT CONTRACTOR. It is agreed that in the performance of the work herein specified, the Contractor is an independent contractor, responsible to the City only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 6. PAYMENTS. a. Payments shall be made by the City upon the Contractor furnishing satisfactory evidence of the work performed. Payment shall be made at the rate of .47 cents per square foot for sidewalks cleaned of snow and ice. The contractor shall keep written records necessary to justify claims for payment. Such records shall include the address at which the work was performed, the date and time the work was done and the square footage of abated work. The 56 City shall make payment for work performed within thirty days after receipt of a written claim in City accepted format for payment. b. The Contractor may charge a Mobilization Fee of not more than 50 dollars in the event the Contractor is asked by the homeowner or the City to stop their work at any time before the work is complete. In the event partial work was performed the Contractor may charge the agreed rate for the square footage cleared in addition to the Mobilization Fee. c. The Contractor reserves the right to charge less than quoted per square foot price, but not to raise prices without negotiating an amendment to the agreed upon contract. d. Contractor shall submit billings to the City no later than the 10th of the month for all work completed during the prior month. 57 Memorandum REPORT TO:City Commission FROM:Natalie Meyer, Sustainability Program Manager Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with OnSite Solar for the Bozeman Public Library Solar PV Expansion Project MEETING DATE:December 9, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with OnSite Solar for the Bozeman Public Library Solar PV Expansion Project. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:The Strategic Services Department seeks to reduce energy use and greenhouse gas emissions, and stabilize long-term utility costs by installing rooftop solar for City facilities. The 2020 Bozeman Climate Plan calls for 100% net clean electricity by 2025, and deploying renewable energy at City facilities is one of the actions identified to reach this target (Action 2.F.1). The LEED-certified Bozeman Public Library is among the City's largest energy users. The 2023 to 2024 Library remodel incorporated LED lighting upgrades and building energy commissioning to help optimize the heating and cooling system. These measures reduced the energy use intensity of the Library by 30 percent since 2023. To complement these efforts and further improve the energy performance of the Library, staff recommended the Library as a priority location for a solar PV installation. To support this project, the City applied for a Department of Energy's Energy Efficiency Conservation Block Grant (EECBG) allocation totaling $116,320. On October 22, 2024, the City of Bozeman signed the EECBG terms and conditions for a solar PV array at the Bozeman Public Library. The initial solar feasibility assessment included plans for a full replacement of the existing solar array. After the Commission approved the EECBG terms and conditions, the City engaged with TD&H Engineering to complete a multi-phase rooftop structural study. TD&H determined that replacing the existing array with a space-efficient ballasted system was not structurally feasible, and reusing the existing racking system presented structural and 58 building code challenges. TD&H evaluated several locations before identifying the northwestern section of the sloped roof as the most suitable. The City subsequently engaged with OnSite Energy to complete the solar preliminary design for the new installation location, resulting in a recommendation to install 36.96 kW (DC) and leaving the existing 16.72 kW (DC) in place through the remainder of its depreciable life. The new 36.96 kW solar array will offset 10 percent of the Library's current electricity use. Over the life of the project, this will help the City avoid emissions equivalent to approximately 84,000 gallons of gasoline burned. The Sustainability Division presented the proposed solar design to the Bozeman Public Library Board of Trustees on September 17, 2025. A Request for Proposals for the Library Solar PV Expansion Project was issued on October 4, 2025. City staff from the Library, Facilities Division, and Sustainability Division reviewed the RFP responses. The selection committee found OnSite Energy was best positioned to meet the City's interests and budget. Once the Professional Services Agreement is executed, key equipment will be secured, along with the final design and permitting. The installation may begin as early as February 2026. The system commissioning and operation deadline is May 2026. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The solar installation is not to exceed $116,064, and will be reimbursed through the Department of Energy EECBG allocation of $116,320. Attachments: OnSite Energy Bozeman Public Library PSA and Scope of Work.pdf Report compiled on: November 28, 2025 59 Professional Services Agreement for Bozeman Public Library Solar PV Expansion Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 9th day of December, 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, OnSite Energy, 1515 N. Rouse Ave, Bozeman, MT 59715, 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 9th day of December 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 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 60 Professional Services Agreement for Bozeman Public Library Solar PV Expansion Page 2 of 13 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. Invoices shall be due and payable within thirty (30) days of receipt by City. Any undisputed amounts unpaid after forty-five (45) days shall accrue interest at one percent (1%) per month until paid. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and 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’ 61 Professional Services Agreement for Bozeman Public Library Solar PV Expansion Page 3 of 13 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 the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents; or (iii) alleged violations of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 652 et seq, and any other similar applicable safety laws, codes, regulations, or standards applicable to the performance of this PSA. 62 Professional Services Agreement for Bozeman Public Library Solar PV Expansion Page 4 of 13 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 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. 63 Professional Services Agreement for Bozeman Public Library Solar PV Expansion Page 5 of 13 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 City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or failsto 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. 64 Professional Services Agreement for Bozeman Public Library Solar PV Expansion Page 6 of 13 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. e. Prior to termination for cause, City shall provide written notice to Contractor describing the alleged default and allow Contractor a reasonable period, not less than ten (10) business days, to cure such default. 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. In addition to payment for services actually performed, Contractor shall be entitled to reimbursement for committed subcontractor or vendor costs that cannot be canceled. 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, 65 Professional Services Agreement for Bozeman Public Library Solar PV Expansion Page 7 of 13 be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Natalie Meyer, Sustainability Program Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Blake Bjornson, Commercial Solar Developer 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 66 Professional Services Agreement for Bozeman Public Library Solar PV Expansion Page 8 of 13 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, Davis-Bacon Act, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Compliance with the Davis-Bacon Act: a.All transactions regarding this agreement shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. Contractor must comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b.Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c.Additionally, contractors are required to pay wages not less than once a week. 67 Professional Services Agreement for Bozeman Public Library Solar PV Expansion Page 9 of 13 15. Web Accessibility and the ADA: 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. 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). 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. 16. 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. 68 Professional Services Agreement for Bozeman Public Library Solar PV Expansion Page 10 of 13 Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 17. 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. 18. 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. 19. 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. 20. 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. 69 Professional Services Agreement for Bozeman Public Library Solar PV Expansion Page 11 of 13 21. 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. 22. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 23. 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. 24. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 25. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 26. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 27. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 28. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 70 Professional Services Agreement for Bozeman Public Library Solar PV Expansion Page 12 of 13 29. 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. 30. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 31. 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. 32. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 33. 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 two years. 34. Tax Liability; No Reliance: a. The City acknowledges and agrees that any and all federal, state, or local tax liabilities associated with the Project — including, without limitation, the availability, calculation, qualification for, or receipt of any tax credits, incentives, depreciation benefits, rebates, or other tax-related advantages — are solely the responsibility of the City. The City further acknowledges that Contractor does not provide tax, legal, or accounting advice and has not made any representation or warranty regarding the availability or applicability of any tax benefits in connection with the Project. The City is solely responsible for consulting with its own certified public accountants, tax advisors, and legal counsel regarding all tax matters relating to the Project. b. The City expressly acknowledges that it is not relying on the Contractor for tax guidance and that no portion of this Agreement shall be construed as tax, legal, or accounting advice. 71 Professional Services Agreement for Bozeman Public Library Solar PV Expansion Page 13 of 13 **** 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 By________________________________ Chuck Winn, City Manager ONSITE ENERGY, INC CONTRACTOR By__________________________________ Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 72 1 Exhibit A Scope of Services Bozeman Public Library Solar PV Expansion Project 1) Introduction a. Background and Objectives i. Complete a turnkey installation of a 36.96 kW DC (25 kW AC) solar photovoltaic system using Aptos 440W panels and Solectria inverter technology to match the existing. The system is projected to generate 40,630 kWh annually, significantly offsetting the Library's electricity consumption while advancing the City's clean energy goals. 2) Project Contacts a. Contractor’s Project Manager Name: Blake Bjornson Address: 1515 N. Rouse. Ave, Bozeman, MT 59715 Phone: 406-551-6135 Cell: 406-296-2986 Email: blake@onsiteenergyinc.com b. City of Bozeman Project Manager Name: Natalie Meyer Address: 20 E. Olive St, Bozeman, MT 59715 Phone: 406-582-2317 Cell: 406-589-6297 Email: nmeyer@bozeman.net 3) Company Details a. Montana State Contractors License #207887 (Expiration Date: 6/12/2026) b. Montana State Electrical Contractors License #59387 (Expiration Date: 7/15/2026) c. NABCEP Certified Solar PV Professionals on staff d. NorthWestern Energy Qualified Renewable Energy Installer e. Legal Name: OnSite Energy, Inc. i. Address: 1515 N Rouse Ave, Bozeman, MT 59715 ii. Phone: 406-551-6135 iii. Officers of the Firm: Orion Thornton and Conor Darby iv. Primary contact person for this project: Blake Bjornson, Commercial Solar Developer, 406-471-8730, blake@OnSiteEnergyInc.com f. Project Team 73 2 i. Blake Bjornson – Commercial Solar Developer, (2 years) 1. Role: Blake will serve as the primary coordinator for this project, leading contracting, Direct Pay support, and client communications. As the main point of contact for OnSite Energy, he will ensure seamless coordination with the City and oversee a smooth handoff to the Operations Team. 2. Qualifications: Blake joined OnSite Energy in 2024 to focus on bringing clean energy solutions to his home state of Montana. He holds a B.S. in Mechanical Engineering from Montana State University, where he played a key role in establishing the MSU Sustainability Office. Prior to joining OnSite, Blake spent nearly a decade developing utility-scale solar projects across the western U.S. for OneEnergy Renewables, managing all aspects of pre- construction development, including permitting, interconnection, land use, and stakeholder engagement. ii. Ari Ronai-Durning – Associate, Project Developer (4 years) 1. Role: Ari serves as the critical link between project development and project management, working in the background and directly with the City to smooth the client journey from initial design and contracting through operational launch. 2. Qualifications: Ari brings extensive experience in Montana's renewable energy sector, having joined OnSite Energy in 2018 from Tesla, he spearheaded the design and deployment of the state's first grid-tied solar-plus-battery storage projects. Over three years in technical sales, he successfully developed the market for residential and commercial solar and battery installations before advancing to an interim Director of Operations role. Ari recently completed a Master's in Environmental Management and Policy at Lund University in Sweden, adding valuable international business and policy expertise that he brings back to the Montana solar market along with a certification from the North American 3. Board of Certified Energy Practitioners (NABCEP). iii. Keith Wickman – Senior Project Manager (5 years) 1. Role: Keith will oversee project execution, including scheduling, procurement, on-site coordination, and subcontractor management. He will ensure the system is installed on time, within budget, and to the highest quality standards. 74 3 2. Qualifications: Keith earned his B.S. in Construction Engineering Technology from Montana State University and began his career as a solar installer before moving to Washington, where he gained further experience in solar installations. Now back in Montana, Keith brings a passion for renewable energy and strong project management skills — including scheduling, contract oversight, and client communication — to ensure successful outcomes. He has also completed several technical trainings with Solar Energy International, including: a. PVOL202: Advanced PV System Design and the NEC, 2022 b. PVOL303: Advanced PV Multimode and Microgrid Design, 2023 iv. David Kirk – Lead Designer (2 years) 1. Role: David will lead the system design, producing construction- ready plan sets, supporting permitting and utility submittals, and providing as-built documentation upon project completion. 2. Qualifications: Born and raised in Billings, MT, David is passionate about using distributed energy resources to keep Montana a clean and exciting place to live and recreate. Prior to joining OnSite, David worked in HVAC&R research and for a heavy civil contractor specializing in utility-scale wind and solar installations across the U.S. For David, working in renewable energy in his home state is a dream come true. He holds a B.S. (2017) and M.S. (2021) in Mechanical Engineering from Montana State University. He has also completed several technical trainings with Solar Energy International, including: a. PV101: Solar Electric Design and Installation b. CE523: Residential/Commercial Roof-Mounted PV Installation Safety c. CE525: Large-Scale Ground-Mounted PV Installation 4) Incentives and Cost Assumptions a. Direct Pay and Safe Harbor Support OnSite Energy has closely followed the development of the Direct Pay process under the Inflation Reduction Act and is well-positioned to support the City of Bozeman in securing the 30% federal Investment Tax Credit (ITC) – available as a direct cash reimbursement from the IRS for non-taxed entities. OnSite Energy’s staff are not tax professionals and cannot offer legal or financial advice, but have closely studied the latest IRS guidance and will assist to the fullest extent in our 75 4 role as your solar contractor—helping gather relevant documentation, sharing updates, and coordinating with the City’s finance team where possible. i. Direct Action Plan: Electing Direct Pay in Four Steps 1. Register with SAM.gov and Obtain a Unique Entity ID (UEI) a. The City must be registered in the federal System for Award Management (SAM.gov). If not already registered, OnSite Energy can help guide you through this process. 2. Complete IRS Pre-Filing Registration a. The City will need to complete pre-filing registration through the IRS portal. OnSite Energy will assist in gathering the necessary information and help guide the process to ensure proper submission. 3. File IRS Form 990-T and Elect Direct Pay a. After the system is placed in service, the City must file IRS Form 990-T (required even for tax-exempt entities) to formally request the cash reimbursement. OnSite Energy will provide all necessary documentation—such as placed-in-service date, cost breakdowns, and system specs—and help coordinate with the City finance or legal team. 4. Receive IRS Payment a. If properly filed, the IRS will issue a Direct Pay check or deposit to the City. Most entities receive payment within 4–6 months of submission. ii. Safe Harbor Strategy for 2025 1. To lock in eligibility for the 30% federal tax credit without triggering additional requirements, the City must demonstrate that the project commenced construction before December 31, 2025. The most straightforward method for this project is the 5% cost method, which requires incurring at least 5% of eligible project costs before year-end. 2. OnSite Energy’s recommended approach is to procure key equipment—such as solar modules or inverters—in 2025, with payment and title transfer completed prior to December 31. These actions will qualify the project under the IRS “commence construction” rules, even if physical installation occurs in 2026. 3. OnSite Energy will support the City throughout this process, including: a. Identifying eligible safe harbor equipment b. Coordinating quotes, invoices, and payment timelines 76 5 c. Documenting title transfer for IRS compliance iii. Ongoing Policy Monitoring 1. In July 2025, the White House issued an Executive Order directing a review of IRS safe harbor and Direct Pay rules. In August 2025 the IRS released updated guidance clarifying that systems under 1.5MW were eligible for safe harbor and detailing requirements to meet the 5% cost method which are now actively contracting with project partners to secure until the end of 2025. OnSite Energy is actively tracking future policy updates and will keep the City informed of any changes that could impact project timing, eligibility, or strategy. b. EECBG (DOE Grant) i. Based on the City of Bozeman’s RFP and supplementary Q&A, OnSite Energy has inferred that the City has the resources and capability to proceed with the EECB Grant process without additional support. However OnSite Energy is willing to assist with administrative and technical guidance related to the proposed solar photovoltaic system to ensure a seamless process and timely funding. c. Cost Assumptions i. Addenda OnSite confirms the receipt of the following addendum: Addendum #1 (Questions & Answers - Library Solar PV Expansion RFP), October 21, 2025 1. OnSite Energy acknowledges that the installation of the U-Anchors will be performed by the current Bozeman Public Library roofing installer, Summit Roofing. ii. Additional assumptions, inclusions and exclusions detailed below. 5) Project Scope Definition a. System Design & Equipment i. Turn-key installation of a solar PV system using the specified and alternate substitute equipment, including all necessary conduit, wiring and grounding components ii. System Size: 36.96 kW DC // 25kW AC iii. Estimated Annual Electricity Production: 40,630 kWh iv. Solar Panels: Aptos 440 Watt panel (IPWR-M10-54BX2S-440W) x 84 units 77 6 1. 30 Year Power output and Performance warranties v. Inverter: Solectria 25kW, 480VAC Inverter (PVI-25TL-480-APS20) 1. 10 Year Warranty vi. MLPE: AP Smart Rapid Shutdown Devices (APSM-RSD-S-PLC-415) vii. Performance monitoring integrated with existing monitoring platform, with the City re-assuming account management after system handoff viii. Provision of Stamped construction drawings and As-Built solar plan set to follow <50% Design Basis drawings b. Structural & Racking i. Racking Equipment: Anchor Products U-Anchor (U2400-TPO) with IronRidge Aire A2 rail-based racking solution ii. Structural capacity: Specified roof areas support 3 PSF loading. Stamped structural letter provided by TD&H Engineers (excluded from OnSite Energy’s scope) c. Interconnection, Communications & Electrical Scope i. Electrical interconnection and cable routing to building’s electrical system including integration with existing solar inverter output distribution ii. The City to provide functioning network communications termination point (Ethernet/RJ45 port) for OnSite Energy to connect CAT 6 shielded cable to for monitoring d. Permitting, Labor, and Compliance i. OnSite Energy to provide City of Bozeman Building Division electrical and building permitting ii. Stamped electrical plan set to be provided by OnSite Energy for permitting iii. Interconnection application and coordination with NorthWestern Energy for permitting iv. The project notice to proceed and Library site access will be coordinated through the City’s designated Project Manager e. Commissioning & Turnover i. Final commissioning and walkthrough with City Project Manager- approved staff ii. O&M manual provided as an electronic file, paper copy provided upon request. f. Operations & Maintenance 78 7 i. Service Capabilities OnSite’s Service Department is equipped to promptly address any service concerns, ensuring solutions are provided effectively and professionally. While solar PV systems are generally maintenance-free, they sometimes require attention, and OnSite will prioritize swift intervention with a well- documented approach. g. Educational Opportunities i. The Library is an ideal venue for public education about renewable energy. OnSite Energy proposes the following educational initiatives: 1. Public monitoring dashboard access: OnSite will work with the City to make real-time solar production data available via a public- facing display or online portal, allowing Library visitors to see live energy generation, environmental benefits, and system performance. 2. Educational signage: OnSite Energy can collaborate with City Library staff to develop interpretive signage that explains how the solar system works, its environmental impact, and its role in the City's sustainability goals. 3. Community presentations: OnSite Energy’s team is available to provide educational presentations or workshops for community groups, students, or City residents interested in solar technology, energy efficiency, or climate action. 4. School partnerships: OnSite Energy welcomes opportunities to coordinate with local schools to integrate the Library solar project into STEM curricula, offering tours, data sharing, or classroom presentations that bring renewable energy concepts to life. 6) Project Approach a. Safety i. Partner-owners Orion Thornton and Conor Darby founded the Montana Renewable Energy Association safety committee in 2008, and have each served terms as committee chair. In 2008 they formed a strategic alliance between the MREA and OSHA, signing a partnership document with officials from OSHA’s Billings Area Office. The main goal was to work with OSHA as an informational resource to analyze hazards and risks prevalent on renewable energy jobsites, and in turn to consolidate safety content for the MREA member businesses’ Safety Programs. 79 8 ii. Building upon the resources of the MREA-OSHA Safety Alliance, Onsite Energy has developed and established its own Safety Program, which is defined in a document referred to as the company’s Safety Plan. The Safety Plan is a tool that is used by the company on a regular basis, and has been provided to other contractors, clients, and insurance agencies alike. iii. In summary, the plan includes but is not limited to: the company’s safety policy statement, the definition of the safety responsibilities of the company, its employees, and subcontractors; safety meeting schedules, new employee training, workplace inspections, accident investigating and reporting, and a Hazard Communication Program which entails risk identification and mitigation of the ‘4 Focus Hazards’ commonly found at jobsites. iv. For reference, provided here is an excerpt from the Onsite Energy Safety Policy Statement: 1. Our company is dedicated to the promotion of safety in the workplace. It is our policy to provide a safe and healthy place of employment for all employees. Personnel and entities affiliated with this company will adhere to the safety rules, policies and program elements issued in conjunction with this policy statement and outlined within this written program. Failure to do so may result in disciplinary action for employees and termination of contract for suppliers and subcontractors. Visitors and customers are also expected to follow all applicable safety rules and policies. Every effort will be made to comply with state and federal guidelines in order to assure the safest workplace possible for the employees. In return, employees are required to exercise common sense in regard to safety and to report all unsafe acts, operations, conditions and any accident to the appropriate person(s). All hazardous or potentially hazardous situations will be eliminated before work is conducted. We also realize that the responsibility for promoting safety in the workplace must be equally shared by all members of the organization. Management accepts the responsibility for developing, implementing and improving safety policies in the workplace. Supervisors and employees are equally responsible and are expected to develop the proper attitude toward safety and 80 9 health. Everyone is responsible for ensuring that all operations are conducted with the utmost regard to health and safety. Management gives its full support to all personnel who enforce and apply these policies in the workplace. b. System Design and Layout 81 10 7) Proposed Schedule a) OnSite Energy is proud to consistently uphold a healthy pipeline of projects while maintaining flexibility to accommodate different construction schedules and time constraints. For the Bozeman Public Library solar expansion project our installation calendar could accommodate installation as early as February 2026 and remains flexible throughout the spring to meet the City’s May 29th, 2026 system operation deadline. A project milestone diagram is included below which highlights the duration of different aspects of the project. Keep in mind the overlapping nature of some milestones. Not every step in the process is undertaken sequentially, but the flow chart offers clarity about the typical order of operations. 82 11 8) Pricing a. OnSite Energy provides the following Not to Exceed (NTE) pricing for a turn-key installation of the following proposed 36.96 kW (DC) solar photovoltaic system. b. All applicable federal taxes are included and State of Montana taxes are included in the Total Contract Value. c. Project Price Alternative 1 (Aptos 440W): One Hundred Sixteen Thousand and Sixty Four Dollars ($116,064), Price Per Watt: $3.14/W d. Pricing Breakdown i. Project Materials……………………………………………………………….…………$59,507 a) Aptos 440W Solar Panels (QTY 84) b) IronRidge Aire 2 Racking System with U-Anchor Attachments/Flashings c) Solectria 25kW Inverter d) AP Smart Rapid Shutdown Devices (QTY 84) 83 12 e) Balance of System Components: Conductors, Conduit, Fittings, etc. ii. Project Labor………………………………………………………………….……………………$50,797 a) Project management and administration b) Solar array installation c) Electrician labor d) Roof attachment/flashing labor e) System commissioning f) Final walkthrough and customer tutorial iii. Project Fees…………………………………………………………………….…………………….$5,760 a) Permitting b) Utility Interconnection Application c) Freight d) Equipment Rental e) Travel time/mileage iv. Total Contract Value………………………………………………………………...………$116,064 v. Incentives a) ITC ‘Direct Pay’ (30% Federal Tax Credit)………………………..………….……TBD b) EECBG (DOE Grant)…………………………………………………………………$116,320 84 Our DNA Split Cell Series uses advanced N-Type technology with thin film layers to improve heat tolerance, maximize energy harvest, minimize resistive loss, and use 5% more of the available active area for optimal power performance. DNA-108-MFN10-440W 440W | 445W | 450W 108 N-Type MonofacialTMDN S ol a r fo r I n nov a t o r s Residential | Commercial Aptos Warranty Industry Standard +0.9% +1.9% +2.4% Industry Leading 30 Years Product and Performance Warranty All black design with advanced split cell technol- ogy features 16 ultra-thin busbars that allow for less resistance and greater energy harvest. Patented DNATM technology boosts power performance & module efficiency. Miami-Dade County wind load certified to withstand up to 5400 Pa. AestheticsAdvanced Technology Miami-Dade Approved Comprehensive warranty that covers both 30-year product and 30-year power performance. Winners of the Leadership in Solar Energy award for three consecutive years and listed as one of the Top Solar Products from 2021-2022. Awards Bankable Investment Key Features No Light Induced Degradation - maintaining optimal performance and longevity for sustain- able energy production Anti-LID 85 44.6in, 1134mm 1.3in,35mm Electrical Specifications Rated Output Pmpp (W) Module Efficiency Open Circuit Voltage VVOC (V) Short Circuit Current ISC (A) Rated Voltage Vmmp (V) Rated Current Imax (A) 440W 445W 450W 22.53% 22.79% 23.04% 39.03 39.16 39.29 13.73 33.48 13.15 13.81 33.62 13.25 13.89 33.76 13.35 STC for front-face of panel: 1000 W/m2, 25°C, measurement uncertainty <3%NOCT for front-face of panel: 800W/m²,45°C, Wind speed 1 m/s DNA-108-MFN10-450WDNA-108- MFN10-440W DNA-108- MFN10-445W STC NOCT 336W 37.48 11.20 31.92 10.53 STC NOCT 340W 37.57 11.32 31.99 10.63 344W 37.66 11.44 32.06 10.73 STC NOCT Temperature Coefficients Temperature Coefficients Pmmp Temperature Coefficients Isc Temperature Coefficients VOC Nominal Operating Cell Temperature (NOCT) -0.30%/°C +0.046%/°C -0.25%/°C 45°C Test Operating Conditions Maximum Series Fuse Maximum System Voltage Maximum Load Capacity (Per UL 1703) Fire Performance Type 25A 1,500 VDC (UL&IEC) 5400 PA Snow Load / 5400 Pa Wind Load Type 1 Packaging Configuration Number of Modules per Pallet Number of Pallets per 40ft. Container Pallet Dimensions Pallet Weight (lbs) 31 26 68.97 X 44.48 X 49.76 in, 1752 X 1130 X 1264 mm 1380.43 Modules per 40ft. Container 806 Certifications UL61730-1, UL61730-2 1.3in, 35mm Mechanical Properties Cell Type Glass Frame Junction Box Dimensions Output Cable N-TYPE TECHNOLOGY AR coating, High Transmission, Low Iron,Tempered Glass Anodized Aluminum Alloy IP68 67.7 X 44.6 X1.3 in, 1722 X 1134 X35 mm 4mm2 (EU)12AWG,39.37in.(1200mm) Weight Cable Length Encapsulant 44.5lbs. (20.2kg) 47.2 in, (1200mm) POE and EVA Connector Type Staubli EVO2 8207 Callaghan Rd, Ste 100, San Antonio, Texas 78230 www.aptossolar.com l sales@aptossolar.com Aptos Solar Technology reserves the right to make specification changes without notice. 1.3in, 35mm 108 N-Type MonofacialTMDN I-V Curve Voltage(V) 1000W/m2 800W/m2 600W/m2 400W/m2 200W/m2 0 2 4 6 8 10 12 14 16 5 10 15 20 25 30 35 40 IEC61730-1IEC61730-2 86 18 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________ (name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). ______________________________________ Name and title of person authorized to sign on behalf of submitter 87 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brian Guyer, Community Housing Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to sign Professional Services Agreement with TD&H Engineering for Geotechnical and Environmental Services for the Fowler Housing Project MEETING DATE:December 9, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreement with TD&H Engineering 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:TD&H Engineering is performing site preparation due diligence for the Fowler Housing Project including soils testing, water infiltration analysis and a Phase 1 Environmental Site Assessment. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:At the suggestion of the City Commission. FISCAL EFFECTS:The total cost of the scope of services is $18,250. Funding is available for this project in the Community Housing Fund. Attachments: TDH Fowler Housing Project Engineering PSA 20251209.docx 2025.09.14 Fowler Housing Proposal TDH.pdf Report compiled on: November 24, 2025 88 Professional Services Agreement – Engineering FY2026 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 9 day of December, 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 TD&H Engineering with a mailing address of 234 E. Babcock, Suite 3 | Bozeman, MT 59715, hereinafter referred to as “Consultant.” The City and Consultant 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 Consultant to perform for City services described in the Scope of Services attached hereto as “Exhibit A” and by this reference made a part hereof for the Project: Fowler Housing Project Geotechnical and Environmental Review 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this agreement, as determined by the City. 3. Scope of Services: Consultant 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. Consultant may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, Sub- consultants, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: City agrees to pay Consultant for the completion of the Scope of Services a lump sum amount of $18,250. 5. Reimbursable Expenses: As defined in section 8 of this Agreement, for completion of the Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the 89 Professional Services Agreement – Engineering FY2026 Page 2 of 11 Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed $18,250. 6. Additional Services: If the City requests Consultant to perform any Additional Services not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to complete the Additional Services requested. The City and Consultant shall mutually agree upon a basis of payment for the Additional Services requested prior to the Consultant proceeding with such Additional Services. 7. Times of Payments: The Consultant may submit monthly statements for the Scope of Services and approved Additional Services rendered and for Reimbursable Expenses incurred. The statements shall be based upon Consultant’s estimate of the proportion of the total Scope of Services actually completed for each task at the time of billing. 8. 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 Consultant’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 Attachments and Exhibits attached hereto and referred to as if they were part of one and the same document. c. Direct Labor Costs: Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all of the Consultant’s personnel engaged directly on the Scope of Services but does not included indirect payroll related costs or fringe benefits. d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses incurred by the Consultant or its Sub-consultants directly in connection with the Project, 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. e. Sub-consultants: Sub-consultants means any independent professional associates working on the Project that are not directly employed by the Consultant and have rather been hired by the Consultant to serve a particular role or offer a particular service for the Project. 90 Professional Services Agreement – Engineering FY2026 Page 3 of 11 9. Consultant’s Representations: To induce City to enter into this Agreement, Consultant makes the following representations: a. Consultant has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Consultant 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. 10. Independent Contractor Status/Labor Relations: The parties agree that Consultant is an independent Contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant 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. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. 11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional 91 Professional Services Agreement – Engineering FY2026 Page 4 of 11 misconduct of the Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of the Consultant’s agents. For the professional services rendered, to the fullest extent permitted by law, Consultant 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 Consultant or Consultant’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 which would otherwise exist as to such indemnitee(s). Consultant’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 Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’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 Consultant was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Consultant 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, Consultant shall at Consultant’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 Consultant in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Consultant 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 92 Professional Services Agreement – Engineering FY2026 Page 5 of 11 without limit and without regard to the cause therefore and which is acceptable to the City. Consultant 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 of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Consultant commencing work. Consultant shall notify City within two (2) business days of Consultant’s receipt of notice that any required insurance coverage will be terminated or Consultant’s decision to terminate any required insurance coverage for any reason. 12. Termination for Consultant’s Fault: a. If Consultant 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 Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to Consultant’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 12, Consultant shall be entitled to payment only for those services Consultant actually rendered. c. Any termination provided for by this Section 12 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 12, Consultant 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. 13. 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 93 Professional Services Agreement – Engineering FY2026 Page 6 of 11 Agreement by written notice to Consultant (“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 Consultant. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Consultant 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. Consultant 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 13, Consultant is entitled to payment only for those services Consultant actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 13(c) is the sole compensation due to Consultant for its performance of this Agreement. Consultant 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. Limitation on Consultant’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Consultant under this Agreement, Consultant’s damages shall be limited to contract damages and Consultant 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 Consultant wants to assert a claim for damages of any kind or nature, Consultant 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 Consultant becoming aware of the facts and circumstances giving rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be David Fine, Economic Development Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the 94 Professional Services Agreement – Engineering FY2026 Page 7 of 11 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, Consultant 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. Consultant’s Representative: The Consultant’s Representative for the purpose of this Agreement shall be Kyle Scarr, Regional Manager, or such other individual as Consultant shall designate in writing. Whenever direction to or communication with Consultant is required by this Agreement, such direction or communication shall be directed to Consultant’s Representative; provided, however, that in exigent circumstances when Consultant’s Representative is not available, City may direct its direction or communication to other designated Consultant 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. 16. Permits: Consultant 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. 17. Laws and Regulations: Consultant 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. 18. Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis of merit and qualifications. The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Consultant 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 95 Professional Services Agreement – Engineering FY2026 Page 8 of 11 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 Consultant 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. Consultant 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). Consultant must report to the City any violations of the Montana Equal Pay Act that Consultant has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Consultant shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant 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. Consultant 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 Consultant shall be obligated to furnish such proof. The Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper and specified work methods and procedures. The Consultant shall provide continuous inspection and supervision of the work performed. The Consultant is responsible for instructing its employees and agents in safe work practices. 20. Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee will be bound by all of the terms and conditions of this Agreement. 21. Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with the requirements of this Agreement. Consultant 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 96 Professional Services Agreement – Engineering FY2026 Page 9 of 11 verifying that the reimbursement of monies distributed to Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 22. 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. 23. 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. 24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 25. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 26. Survival: Consultant’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 27. 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. 28. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 29. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 97 Professional Services Agreement – Engineering FY2026 Page 10 of 11 30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 31. 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. 32. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 33. 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. 34. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re- perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law 35. 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. 36. 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 **** 98 Professional Services Agreement – Engineering FY2026 Page 11 of 11 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: Chuck Winn, City Manager Kyle Scarr, Regional Manager DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney 99 EXHIBIT A - SCOPE AND FEE DESCRIPTION Fowler Housing Project July 14, 2025 Page 1 of 3 SCOPE OF SERVICES It is our understanding this project includes development of approximately 29 buildings composed of 80 townhome units on 10 acres remaining from the Fowler Road Expansion Project. The project is located directly southeast of the Oak Street and Davis Lane roundabout. The buildings are anticipated to be between two and four-stories and may contain crawlspaces. Basements are not proposed or anticipated for this project. 1. GEOTECHNICAL SCOPE OF SERVICES A. Field Investigation Based on the anticipated crawlspace construction, expected gravelly soil conditions within six feet of the ground surface, and our experience in this area of Bozeman, we propose using test pits for the site investigation. This method provides accurate sampling of the expected materials and eliminates the higher cost of drilling. It is anticipated that 14 test pits will be excavated across the development area. • Building, Driveway, Parking: 6 test pits • Building, Driveway, Parking with Monitoring Wells and Infiltration Test: 6 test pits • Street extension: 2 test pits Each test pit will be excavated up to a maximum depth of 10 feet. Test pits may be terminated at shallower depths depending on consistency of the subsurface conditions across the site and groundwater conditions. During excavation, a geotechnical engineer will log the subsurface profile as well as collect samples for laboratory testing. Prior to our field investigations, the required One Call Utility locates will be arranged and the approximate test pit locations staked by our staff. Private services or utilities which will not be marked by One Call will be the responsibility of the owner. The concept site plan dated June 4, 2025, will be used for test pit placement. Figure 1 depicts approximate test pit locations. The field scope of work does not include determining the presence or absence of subsurface soil or groundwater contamination. Should contamination be suspected during fieldwork activities, the owner’s representative will be immediately notified. Test pits will be backfilled and graded to approximate finished ground using test pit spoils; damaged vegetation will not be reestablished. Groundwater monitoring wells will be placed in six of the test pits during backfilling for future monitoring. We have not included groundwater monitoring after our initial field investigation in our scope of work. It is common for this type of development to require storm water infiltration to meet storm drainage requirements. During our investigation, we will perform six infiltration tests using the encased falling head test. 100 EXHIBIT A - SCOPE AND FEE DESCRIPTION Fowler Housing Project July 14, 2025 Page 2 of 3 B. Laboratory Program Samples will be analyzed in TD&H’s AASHTO accredited construction materials testing laboratory located in Great Falls, Montana, to determine the appropriate physical and engineering properties. The proposed laboratory tests include: • Visual Identification and Moisture Content • Sieve Analysis (Gradation) • Atterberg Limits • Consolidation • Moisture-Density (proctor) • California Bearing Ratio (CBR) These tests are based on our assumptions for site geology and may be modified based on actual field conditions. No additional field or laboratory work is anticipated beyond that which is described; however, if site conditions appear to warrant additional work or testing, the owner’s representative will be notified, and a scope addendum will be submitted for approval. Samples from the geotechnical investigation will be stored for a period of one month following submission of the completed geotechnical report, after which they will be discarded unless prior arrangements have been made for continued sample storage. C. Analysis and Report Field data and laboratory test results will be analyzed to determine soil properties and prepare recommendations for the design and construction of the school and associated infrastructure. Recommendations are anticipated to include those related to conventional foundations systems, retaining walls, slab-on-grade construction, and asphalt / concrete pavement sections anticipated for both light- and heavy-duty applications. All findings, test pit logs, laboratory reports, and a site plan showing test pit locations will be compiled into a comprehensive geotechnical engineering report. 2. PHASE 1 ESA SCOPE OF SERVICES The Phase I Environmental Site Assessment (ESA) of the parcel under consideration for development in Bozeman, Montana, will meet your need to perform due diligence on this property. “Due diligence” in property transactions is spelled out in ASTM E-1527-21, which defines the level of effort required in performing Phase I ESA’s and with which TD&H’s work complies. TD&H will perform field work, gather data, and prepare a report to satisfy the requirements for “due diligence” for the Phase I ESA. Phase I work does not include environmental sample collection or subsurface investigation. Phase I ESA will include interviews with public officials and persons knowledgeable of the area, historic research, records review, and a site visit. For the Phase I ESA, TD&H will prepare a brief synopsis of the history of the site and adjacent land usage, the nature of materials used, stored, or dispensed on the site in the past, and any 101 EXHIBIT A - SCOPE AND FEE DESCRIPTION Fowler Housing Project July 14, 2025 Page 3 of 3 environmental incidents proximate to the site that could lead to subsurface impacts based on historical imagery, interviews, and records review. The goal of TD&H’s work will be identification of recognized environmental conditions (RECs). Our opinion based on our findings will be presented in the Phase I ESA report. If the Phase I ESA indicates the likelihood of subsurface contamination, a Phase II ESA will be recommended to determine the nature, extent, and magnitude of environmental impacts, should any be present. The report will be provided in soft copy as a pdf file. A large portion of Phase I requires interviews with government officials, adjacent landowners, or other persons with knowledge of the site and its history. Please inform us if there are any privacy concerns with this project or other limitations on interviews or other parts of the ESA. We will also provide a chain-of-title for the property as part of the report. FEE Schedule of Lump Sum Fee Task # Description Fee 1 Geotechnical Investigation & Report $10,500 a. Infiltration Tests $3,500 2 Phase 1 ESA $4,250 TOTAL $18,250 The fee provided includes excavator and operator fees. It is assumed that access to the property will be provided without special permission, or that such permissions will be obtained by the owner prior to the investigation. 102 Fowler Site Study | Bozeman, MT 06.04.2025 SITE PLAN OPT 1 SCALE: 1"=50'CATERPILLAR ST.FARMALL ST.W. OAK ST.FOWLER AV E . Concept Site Plan A B A B SECTION B SCALE: 1"=20' SECTION ASCALE: 1"=20' FOWLER AVE FOWLER AVEPROPOSED 2-STORY TH EXISTING 2-STORY HOME PROPOSED 2-STORY TH EXISTING 2-STORY HOMEPROPOSED 3- AND 4-STORY TH NEW HOLLAND DR.PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINETest Pit (6) Test Pit, Monitoring Well, Infiltration Test (6) Street Extension Test Pit (2) FIGURE 1 APPROXIMATE TEST PIT LOCATIONS 103 Memorandum REPORT TO:City Commission FROM:Brian Heaston SUBJECT:Resolution Authorizing the City Manager to Sign Change Order 1 for the WRF MCC Installation Project. MEETING DATE:December 9, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve the Resolution Authorizing the City Manager to Sign Change Order 1 for the WRF MCC Installation Project. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Third Element Inc (Contractor) was awarded the construction contract for the WRF motor control center (MCC) installation project on August 12, 2025. The Contractor was also awarded the preceding MCC equipment procurement contract on November 19, 2024. The equipment contract was officially incorporated into the construction contract by assignment, thus increasing the price of the construction contract by the equipment procurement contract price. The City issued payment to the Contractor under the equipment contract prior to its official assignment into the construction contract. The attached resolution and change order 1 reconcile the total construction contract price by deducting the payment amount issued under the equipment contract. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Change order 1 decreases the construction contract price by $45,171.46, which was the amount paid to the Contractor under the equipment contract prior to its official assignment into the construction contract. The overall project price between the procurement contract and construction contract totals $539,473.00, which amount is not changing with change order 1. Of this total amount, $475,489.00 is the equipment cost, and the remaining $63,984.00 is for construction. Attachments: Resolution_CO No. 1_WRF MCC Install_20251124.docx Bozeman WRF MCC Installation - Change Order # 1 - Final.pdf 104 Report compiled on: November 24, 2025 105 Version April 2020 RESOLUTION 2025-XX A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH THE THIRD ELEMENT, INC., BOZEMAN, MONTANA WHEREAS, the City Commission did, on the August 12, 2025, authorize award of the construction bid for the Bozeman WRF MCC Installation Project to The Third Element, Inc., Bozeman, Montana; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and The Third Element, 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. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 9th day of December, 2025. ___________________________________ Terry Cunningham Mayor 106 Version April 2020 ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 107 November 24, 2025 City of Bozeman Brian Heaston Senior Engineer 20 E. Olive St. P.O. Box 1230 Bozeman, MT 59771 Re: Bozeman WRF MCC Installation Contract Change Order # 1 Dear Mr. Heaston: Enclosed please find Change Order No. 1 for the WRF MCC Installation Contract. This Change Order decreases the total Contract Price by $45,171.46, resulting in a new total Contract Price of $494,301.54. The adjustment reflects the deduction of Procurement Contract Pay Application #1, which was received and approved by the Owner prior to award of the Installation Contract. Please review and return an executed copy for our records. Contact Cost Calculation: Adjusted Contact Amount Calculation: Procurement Contact – Pay App # 1 + Installation Contract Description Cost Procurement Contact $ 475,489.00 Pay App # 1 $ 45,171.46 Installation Contact $ 63,984.00 Adjusted Contract Amount $ 494,301.54 Sincerely, AE2S James Sletten Senior I&C Specialist Attachments:  Bozeman WRF MCC Installation - Change Order # 1  Bozeman WRF MCC - Pay App #1 108 00 63 63 - 1 Bozeman, Montana Change Order Form Change Order No. _1_________ Date of Issuance: November 24, 2025 Effective Date: Project: Bozeman WRF MCC Installation Owner: City of Bozeman Owner's Contract No.: WW121 Contract: Bozeman WRF MCC Installation Contact Date of Contract: October 8, 2025 Contractor: The Third Element, Inc. Engineer's Project No.: P05097-2022-012 The Contract Documents are modified as follows upon execution of this Change Order: Description: This Change Order decreases the total Contract Price by $45,171.46, resulting in a new total Contract Price of $494,301.54. All other terms and conditions of the Contract remain unchanged. Pay Application #1 was received just prior to bidding, resulting in an adjustment to the contract price; this Change Order reflects that adjustment Attachments: (List documents supporting change): 1. Pay Application # 1 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times:  Working days  Calendar days Substantial completion (days or date): $ 539,473 Ready for final payment (days or date): [Increase] [Decrease] from previously approved Change Orders No._0__________ to No._1__________: [Increase] [Decrease] from previously approved Change Orders No.____________ to No.____________: Substantial completion (days): $ 45,171.46 Ready for final payment (days): Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): $ 539,473 Ready for final payment (days or date): [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial completion (days or date): $ 45,171.46 Ready for final payment (days or date): Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): $ 494,301.54 Ready for final payment (days or date): RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date: November 24, 2025 Date: Date: Approved by Funding Agency (if applicable): NA Date: 11/24/2025 109 July 22, 2025 Brian Heaston – Senior Engineer City of Bozeman 20 E. Olive St. Bozeman, MT 59771 bheaston@bozeman.net Re: Bozeman WRF Upgrade – Contractor’s Application for Payment No. 1 Dear Brian: AE2S recommends Payment to The Third Element, Inc for the payment requested in Pay Application No.1. Pay Application 1 covers receipt of approval of shop drawings and samples. Please find payment summaries listed in the tables below. Table 1: Current Payment Due - Application for Payment No. 1.: Pay App Amount Due to Contractor Total Contact Amount TOTAL No. 1 $45,171.46 $475,489 $45,171.46 Table 2: Payment History None We sincerely appreciate the opportunity to provide professional engineering services to the City of Bozeman. Should you have any questions or concerns, please do not hesitate to contact us. Sincerely, James Sletten, PM – I&C Senior Specialist Encl.: Bozeman WRF MCC Upgrade: Contractor’s Application for Payment No. 1 Docusign Envelope ID: D45CFB96-A3FB-436F-A05F-6BDDF3368489 110188 July 22, 2025 $ 45,171.46 620-5610-445.80-20; WW121 $45,171.46 Docusign Envelope ID: D45CFB96-A3FB-436F-A05F-6BDDF3368489 111189 Docusign Envelope ID: D45CFB96-A3FB-436F-A05F-6BDDF3368489 112190 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Project Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Resolution Authorizing Change Order No. 4 with CK May Excavating, Inc. For the 2024 Street and Utility Improvements Project MEETING DATE:December 9, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution Authorizing Change Order No. 4 with CK May Excavating, Inc. For the 2024 Street and Utility Improvements Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Change Order No. 4 to the 2024 Street and Utility Improvements Project includes the following: Mill existing asphalt pavement to a two-inch depth in South 12th, 13th, and 14th Avenues from College Street to Koch Street. Milling and asphalt overlay of 12 th, 13th, and 14th Avenues associated with the ongoing water renovation project was planned to be completed by the City Streets Department during bidding and award of the contract. The Streets Department is unable to complete the milling operation due to workload priority. The milling has been added to the 2024 Street and Utility Improvements Project contract with this change order while paving remains the responsibility of Streets Department. There is an increase in contract time of 15 calendar days for this Change Order. Staff advises the final recommended change in cost and time for these items is reasonable and commensurate with the work involved. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Change Order 4 increases the contract price by $57,379.25 to the overall contract price from $4,694,306.31 to $4,751,685.56. 113 The FY25-26 Biennium Budget has been previously amended to included milling contracted services in order to cover the cost of this anticipated change order. Attachments: Change Order 4 with CK May Excavating for 2024 Street and Utility Improvments Project.pdf Resolution Change Order 4 for 2024 Street and Utility Improvements Project.doc Report compiled on: November 18, 2025 114 115 116 117 1 of 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING CHANGE ORDER NO. 4 WITH CK MAY EXCAVATING, INC. FOR THE 2024 STREET AND UTILITY IMPROVEMENTS PROJECT WHEREAS, the City Commission did, on the 6th day of June 2024, authorize award of the bid for the 2024 Street and Utility Improvements Project, to CK May Excavating, Inc., Belgrade, Montana; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract that include mill existing asphalt pavement a two-inch depth in South 12th, 13th, and 14th Avenues from College Street to Koch Street. 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 04, 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, to wit: 118 2 of 2 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 9th day of December 2025. __________________________________________ TERRY CUNNINGHAM Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _____________________________________________ GREG SULLIVAN City Attorney 119 Memorandum REPORT TO:City Commission FROM:Chuck Winn, City Manager Jim Veltkamp, Chief of Police SUBJECT:Resolution Authorizing the City Manager to Retire Police K9 "Stretch" and Execute An Agreement with Officer Braden Peterson to Transfer "Stretch." MEETING DATE:December 9, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve the Resolution and Authorize the City Manager to Sign the Transfer and Hold Harmless Agreement. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:Bozeman Police K9 "Stretch" was purchased and has been owned by the City since approximately September of 2021. Since that time, K9 "Stretch" has been assigned to K9 Officer Braden Peterson. Officer Peterson has had responsibility for the training, care, and custody of K9 "Stretch." The two have done an incredible amount of work together as partners assigned to the patrol division. K9 Officer Peterson has recently announced his resignation as a K9 officer. Considering how difficulty it is to effectively reassign K9 "Stretch" to another officer, especially with the minimal remaining service life left, it "Stretch" will be retired as well. The City agrees it is in the best interest of all parties that full ownership and responsibilities for "Stretch" be transferred from the City to Officer Peterson upon "Stretch's" retirement. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: Resolution 120 Transfer and Hold Harmless Agreement for K9 Stretch Report compiled on: November 17, 2025 121 Page 1 of 2 COMMISSION RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH OFFICER BRADEN PETERSON FOR THE TRANSFER OF “STRETCH”, RETIRED POLICE K9. WHEREAS, “Stretch” is a police duty K9 that has been in service since October 2021 and will retire from service on approximately November 30, 2025; and Officer Peterson is a trained K9 handler who has been certified as a Bozeman Police K9 handler and is able to take possession and ownership of “Stretch” and; WHEREAS, the City Commission hereby determines City ownership of “Stretch” is no longer necessary for the conduct of City business and the best interests of the City and of “Stretch” require the transfer of ownership of “Stretch” to Officer Peterson pursuant to the attached agreement; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 The City Commission hereby authorizes the City Manager to sign the attached Agreement and in doing so hereby authorizes the transfer all the City’s rights, title, and interest it may have in “Stretch” to Officer Peterson. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 9th day of December, 2025. 122 Resolution Transferring Ownership of “Stretch” to Officer Braden Peterson Page 2 of 2 ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 123 Transfer and Hold Harmless Agreement for Bozeman Police K9 “Stretch” TRANSFER OF PROPERTY AND HOLD HARMLESS AND INDEMNIFICATION AGREEMENT BETWEEN OFFICER BRADEN PETERSON AND CITY OF BOZEMAN This TRANSFER OF PROPERTY AND HOLD HARMLESS AND INDEMINIFICATION AGREEMENT (the “Agreement”) is made and entered into this ____day of December, 2025, by and between Officer Braden Peterson, hereinafter called “Peterson”, and the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana, with offices at City Hall, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called the “City.” Peterson is a current Bozeman Police Department Police Officer who has specific previous training and knowledge in the handling of police canines. Peterson acknowledges and accepts all risks associated with accepting personal ownership of Stretch, a Bozeman Police Department canine. As such, Peterson shall hold the City, its officers, agents and employees, harmless and indemnify the City, its officers, agents and employees from and against any and all liability, claims, costs, suits, causes of action, judgments or damages sustained by the City for bodily injury and for injury to or loss of property resulting from, caused by or rising out of the use and ownership of Stretch after the date of this Agreement. In addition, Peterson 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 Peterson’s acceptance of Stretch. In addition, the City hereby transfers all ownership of Stretch to Peterson and relinquishes all rights, title and interest it may have in the animal to Peterson. #### End of Agreement except for signatures #### 124 Transfer and Hold Harmless Agreement for Bozeman Police K9 “Stretch” ___________________________ ___________ BY: Braden Peterson Date On this _____ day of ___________________, 2025, before me a Notary Public of the State of Montana, personally appeared Braden Peterson, known to me to be the person that executed the foregoing agreement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. _________________________________________________ Notary Public for the State of Montana _____________________________________________ ___________ BY: Chuck Winn Date City Manager, City of Bozeman On this _____ day of ___________________, 2025, before me a Notary Public of the State of Montana, personally appeared Chuck Winn, known to me to be the person that executed the foregoing instrument as the City Manager of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. _________________________________________________ Notary Public for the State of Montana 125 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Assistant City Manager SUBJECT:Resolution Adopting the Bozeman Creek Vision Plan Community Engagement Plan MEETING DATE:December 9, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Resolution Adopting the Bozeman Creek Vision Plan Community Engagement Plan. STRATEGIC PLAN:6.6 Habitat: Work with partner organizations to identify at-risk, environmentally sensitive parcels contribute to water quality, wildlife corridors, and wildlife habitat. BACKGROUND:The City Commission approved Resolution 5626 on August 6th, 2024 adopting the Bozeman Creek Vision Plan as a Commission priority to increase ecological health, provide better connectivity, celebrate natural heritage, and mitigate flood hazards within urbanized sections of Bozeman Creek. This project builds on previous work such as the 2012 Bozeman Creek Enhancement Plan, the 2020 Bozeman Creek Analysis Technical Assistance Grant Report, and the 2023 Gallatin Valley Sensitive Lands Protection Plan , among other important efforts. The Bozeman Creek Vision Plan will provide a valuable resource in support of the following goals: Enhance flood mitigation efforts Improve water quality Increase access and connectivity to parks & trails Support economic development opportunities Strengthen community connection to a vital resource The attached Resolution includes revisions as suggested by the City Commission during a Special Presentation on October 7, 2025. Revisions include the addition of several external partners, an increased timeline to allow for meaningful public input, and an updated title to reflect a more holistic scope for the overall effort. UNRESOLVED ISSUES:None. 126 ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:This project is funded through the FY26 adopted budget from a combination of funds including the Parks Maintenance District Fund ($50,000), the Stormwater Fund ($50,000), and the Public Works Administration Fund ($50,000) for a total of $150,000. Attachments: Bozeman Creek Vision Plan - Resolution Adopting Community Engagement Plan.pdf Report compiled on: November 14, 2025 127 Version February 2023 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE BOZEMAN CREEK VISION PLAN COMMUNITY ENGAGEMENT PLAN AS REQUIRED BY THE MONTANA LAND USE PLANNING ACT (TITLE 76 CHAPTER 25 MONTANA CODE ANNOTATED. WHEREAS, the City Commission approved Resolution 5626 on August 6th, 2024 adopting the Bozeman Creek Vision Plan as a Commission priority; and WHEREAS, the Bozeman Creek Vision Plan will provide a valuable resource in support of enhanced flood mitigation efforts, improved water quality, increased access and connectivity to parks & trails, support for economic development opportunities, and strengthening of community connection to a vital resource; and WHEREAS, a Community Engagement Plan establishes an anticipated schedule of activities from beginning to end of the project; and WHEREAS, a Community Engagement Plan is a baseline commitment and does not prevent the City from using other methods not listed in the plan; and WHEREAS, the City Commission held a Special Presentation on October 7, 2025 to provide an opportunity for feedback on a draft Community Engagement Plan; and WHEREAS, in accordance with the Montana Land Use Planning Act, the City Commission must adopt a land use plans by Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: adoption of the Bozeman Creek Vision Plan Community Engagement Plan. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, 128 Version February 2023 Montana, at a regular session thereof held on the 9th day of December, 2025. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 129 COMMUNITY ENGAGEMENT PLAN Community Engagement is an inclusive and ongoing process that relies on the two-way exchange of information, ideas, and expertise between the public and the City of Bozeman to solve problems and make sustainable decisions. Project Overview Project Title: Bozeman Creek Vision Plan Project Leads: provide brief explanation of the responsibilities or task each lead will handle. • Jon Henderson, Assistant City Manager, Project Manager C.E. Purpose/Background: The City Commission approved Resolution 5626 on August 6th, 2024 adopting the Bozeman Creek Vision Plan as a Commission priority to increase ecological health, provide better connectivity, celebrate natural heritage, promote economic development, and mitigate flood hazards within urbanized sections of Bozeman Creek. This project builds on previous work such as the 2012 Bozeman Creek Enhancement Plan, the 2020 Bozeman Creek Analysis Technical Assistance Grant Report, and the 2023 Gallatin Valley Sensitive Lands Protection Plan, among other important efforts. The Bozeman Creek Vision Plan will provide a valuable resource in support of the following goals: • Enhance flood mitigation efforts • Improve water quality • Increase access and connectivity to parks & trails • Support economic development opportunities • Strengthen community connection to a vital resource Significant effort has taken place over the past two years to solicit public interest surrounding this topic, thanks to the local grassroots organization SeeBozemanCreek. The City intends to coordinate extensively with this group to further community input as a model for how local government can leverage the strength of partnerships to collaborate towards shared goals with a wide range of constituents. The City has also commissioned the 2025 Bozeman Creek Flood Mitigation and Reclamation PER as a preliminary review of flood hazards along Bozeman Creek, which will provide the foundation for flood mitigation efforts. The Bozeman Creek Vision Plan may be approved as part of the City’s land use plan and will be evaluated according to the Montana Land Use Planning Act as needed. Key Terms: identify and define jargon, acronyms, or other technical terms that need to be re-worded or clarified in communication and engagement with the public. • Alternatives – Potential measures that the City and/or its partners could implement to improve conditions • Bozeman Creek – Watercourse generally defined within City Limits (i.e., area of interest) • PER – Preliminary Engineering Report, focused on flood hazard mitigation 130 Key Partners: kickstart your community mapping process here. Identify who the decision maker is. Internal • City Commission (Decision maker) • City Manager Office • Communications Division • Legal Department • Engineering Division • Stormwater Division • Sustainability Division • Parks & Recreation Department • Economic Development Department • Community Development Department Advisory Boards • Urban Parks & Forestry Citizen Advisory Board • Economic Vitality Citizen Advisory Board • Sustainability Citizen Advisory Board • Historic Preservation Citizen Advisory Board • Community Development Citizen Advisory Board • Downtown Urban Renewal District • Downtown Business Improvement District External • SeeBozemanCreek • General Public • Downtown Bozeman Partnership & Business Owners • Private Landowners Along Bozeman Creek • Northeast Neighborhood Association • Bogert Park Neighborhood Association • Bozeman Creek Neighborhood Association • Inter Neighborhood Council • Development Community • Gallatin Watershed Council • Gallatin Local Water Quality District • Gallatin Conservation District • Gallatin Valley Land Trust • Trust for Public Lands • Montana Land Reliance • Sacajawea Audubon Society • Montana Department of Transportation • Montana Department of Natural Resources and Conservation • Montana Department of Environmental Quality 131 Define Decision Making Decision making is at the core of how we plan for community engagement. Clarity on what decision will be made, who will make them, and what information will be considered throughout the process is essential. Many decisions are made throughout a given City project. Our approach calls on project teams to consider which decisions are already made, and which decisions can be made more sustainable by engaging the community. Which decisions the public will contribute to specifically must be clarified at the outset of the engagement planning process. Next, the public must be equipped with the right information and tools to contribute to a given decision. 1. At what stage(s) in the decision-making process is the public being asked to participate (see graphic)? Public engagement will occur during the “Define the problem / opportunity and decision to be made” stage, the “Establish decision criteria” stage, and the “Evaluation alternatives” stage. The public will also have opportunities to provide input during the adoption process. 2. What decision(s) needs to be made? What decisions have already been made? Decisions related to the overall scope and extent of alternatives will need to be made before final adoption. While no specific decisions have already been made, it’s important to note that State law and local codes may have significant influence on near-term recommendations, whereas findings from the plan will be used to inform opportunities for future legislation. 3. Who is the final decision maker? Does this engagement plan require formal Commission approval? The City Commission will have final decision-making authority with consideration of legal criteria, community input, staff recommendation, and Citizen Advisory Board recommendations. 132 Level of Community Engagement: Inform, Consult, Involve, Collaborate. After there is clarity on the decision and how the public will participate in the decision-making process, the level of engagement is determined. The engagement spectrum outlines different levels of engagement and helps determine how the community will contribute to the process and what the expectations are for achieving a given level of engagement. Throughout any level of engagement, one- way communications will occur to provide the community with the resources and information they need to contribute effectively. 133 Project Timeline See the example text in red below and adjust per your project, including how and when engagement efforts will occur. Include HOW you will engage groups listed in the Key Partners section. Timeline: October • Project Phase: Project introduction • Actions: Provide Special Presentation to City Commission • Tools and Techniques: Community Engagement Plan, Engage Bozeman project page, social media posts Timeline: November - December • Project Phase: Professional services solicitation • Actions: Approve Resolution adopting Community Engagement Plan, publish Request for Proposals (RFP), select qualified consultant • Tools and Techniques: RFP, City procurement process Timeline: January • Project Phase: Scope development • Actions: Finalize scope of services with consultant, approve contract, schedule community engagement • Tools and Techniques: Professional Services Agreement (PSA), scope/schedule/fee, calendar invitations, emails to community partners Timeline: February - May • Project Phase: Community engagement, literature review • Actions: Meet with the public, citizen advisory boards, and external partners to develop overall vision for the plan, review local code requirements and case studies from other communities • Tools and Techniques: Engage Bozeman, in person meetings, email and social media posts, survey(s), press release ahead of engagement push 134 Timeline: June - August • Project Phase: Document drafting • Actions: Summarize engagement and develop draft plan with concept designs, develop recommended policy and alternatives to include long-term sustainable funding strategies • Tools and Techniques: Engage Bozeman, publish draft plan for review Timeline: September - October • Project Phase: Project recommendation • Actions: Public hearings at Citizen Advisory Boards and recommendation to the City Commission • Tools and Techniques: Engage Bozeman, public notice, email and social media posts Timeline: November • Project Phase: Project approval • Actions: Public hearing at City Commission and approval of Resolution of adoption • Tools and Techniques: Engage Bozeman, public notice, email and social media posts Engagement Wrap-up 1. How will you show what you heard from members of the public and how public input has influenced the plan? Adoption presentation to the City Commission will include a summary of where public input helped shape final outcomes. 2. How will you go about evaluating the success of the engagement effort? Examples: measuring community response to engagement efforts, group meetings following engagement efforts, etc. The success of public engagement will be measured in the level of support and/or opposition to the final draft during the project approval phases. 135 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, Utilities Director SUBJECT:Integrated Water Resources Plan Update MEETING DATE:December 9, 2025 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Receive the presentation providing an update on the Integrated Water Resources Plan. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:In 2013, the Bozeman City Commission adopted an Integrated Water Resources Plan (IWRP), which identifies recommended water supply and use policies and practices for consideration to ensure Bozeman has adequate supplies available to meet future demands. Since that time, the City has made progress implementing many of the IWRP’s recommendations. As a result, the City is updating the 2013 IWRP to reflect current community needs and priorities, and identify new and emerging opportunities to meet future water supply needs. On April 8, 2025, the City Commission approved the IWRP Community Engagement Plan, which outlines strategies to ensure that the IWRP update reflects the needs of our growing community and Bozeman’s longstanding character. Since that time, the City has implemented the IWRP Community Engagement Plan, making notable progress through engagement with the Water Advisory Committee, an advisory body comprised of a Technical and Public Advisory Subcommittee formed to support an updated IWRP grounded in community values and technical expertise. The City hired Raftelis, a municipal communications consultant with extensive experience communicating water resource management concepts, to assist City staff in engagement efforts supporting the IWRP update. Raftelis, supported by City staff, will provide a presentation on IWRP update progress, including an overview of the engagement status, progress made to date, and next steps on the approved engagement plan. UNRESOLVED ISSUES:None ALTERNATIVES:None 136 FISCAL EFFECTS:None Report compiled on: November 21, 2025 137 Memorandum REPORT TO:City Commission FROM:Ross Knapper, Park Planner Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:A Resolution of the City Commission of the City of Bozeman, Montana, Regarding a Tract of Land Commonly Know as N. Black Parking Lot Pocket Park, Being 0.03 Acres in Size and Consisting of a Portion of Lot 22, Block E, Original Townsite Plat of Bozeman City, Declaring Said Portion of Tract of Land to be Public Parkland, and Establishing the Name of Declared Parkland as I-Ho Pomeroy Peace Park MEETING DATE:December 9, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: Adopt a Resolution of the City Commission of the City of Bozeman, Montana, Regarding a Tract of Land Commonly Know as N. Black Parking Lot Pocket Park, Being 0.03 Acres in Size and Consisting of a Portion of Lot 22, Block E, Original Townsite Plat of Bozeman City, Declaring Said Portion of Tract of Land to be Public Parkland, and Establishing the Name of Declared Parkland as I-Ho Pomeroy Peace Park STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:The City received a request from the Downtown Business Association to designate a portion of existing city owned property as parkland and to name said park as I-Ho Pomeroy Peace Park in memory and honor of the late City Commissioner and downtown business owner, I-Ho Pomeroy. The portion of land is part of the N. Black Ave. parking lot and currently contains a small pocket park, referred to as the N. Black Avenue Pocket Park. Members of the Urban Parks and Forestry Board reviewed the proposed park name, in accordance with the Park Naming Policy, during their meeting on November 21, 2025 and voted in approval on recommending adoption of a "Resolution of the City of Commission of the City of Bozeman, Montana, Regarding a Tract of Land Commonly Know as N. Black Parking Lot Pocket Park, Being 0.03 Acres in Size and Consisting of a Portion of Lot 22, Block E, Original Townsite Plat of Bozeman City, Declaring Said Portion of Tract of Land to be Public Parkland, and Establishing the Name of Declared Parkland as I-Ho Pomeroy Peace Park". In accordance with the Park Naming Policy, written documentation of the 138 approval of the next of kin for the late honoree was obtained. The family stated "It is a great honor for I-Ho and our family" to have her name used in conjunction with the downtown peace park in Bozeman. The DBA has received approval and funding to construct improvements in the park that are currently under construction. Completed construction date is anticipated for Summer 2026. UNRESOLVED ISSUES:N/A ALTERNATIVES:Per City Commission FISCAL EFFECTS:Naming of the park will not have any fiscal effects. Designation of the property as parkland will have minimal fiscal effect. The property is already owned by the City of Bozeman and has been utilized and maintained as a small pocket park for several years in collaboration with the Downtown Business Association. Proposed improvements to the park are funded through a combination of funds from the Downtown Business Association, Gallatin County Open Space Grant, a Montana Main Street Grant, Downtown Urban Renewal District, Parks and Recreation Department's Park Land Trust Fund, STR20 Multimodal Improvements, and Stormwater Utility funds. Attachments: I-Ho Pomeroy Peace Park Resolution.pdf Exhibit A.pdf Report compiled on: November 18, 2025 139 Version February 2023 RESOLUTION 2025- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REGARDING A TRACT OF LAND COMMONLY KNOWN AS N. BLACK PARKING LOT POCKET PARK, BEING 0.03 ACRES IN SIZE AND CONSISTING OF A PORTION OF LOT 22, BLOCK E, ORIGINAL TOWNSITE PLAT OF BOZEMAN CITY, DECLARING SAID PORTION OF TRACT OF LAND TO BE PUBLIC PARKLAND, AND ESTABLISHING THE NAME OF DECLARED PARKLAND AS I-HO POMEROY PEACE PARK WHEREAS, The subject property is owned by the City of Bozeman; and WHEREAS, Section 7-16-4101 Montana Code Annotated authorizes municipalities to establish, alter, and maintain parks; and WHEREAS, The subject property has been developed and maintained by the City of Bozeman as public parkland; and WHEREAS, The subject property is utilized by the public extensively and exclusively for park purposes; and WHEREAS, The subject property was not formally dedicated as parkland through a subdivision and platting process; and WHEREAS, The Commission finds that formally declaring I-Ho Pomeroy Peace Park public parkland would be in the community’s best interest, to help ensure that the property continues to be owned by the public, and managed as public parkland; and WHEREAS, Formally declaring I-Ho Pomeroy Peace Park public parkland would advance the goals and objectives of the adopted Parks, Recreation, and Active Transportation (PRAT) Plan, which states the City’s parks, recreation programs, facilities, and trails play a vital role in defining Bozeman as “the most livable place;” and 140 Version February 2023 WHEREAS, Formally declaring I-Ho Pomeroy Peace Park public parkland would advance the goals and objectives of the adopted Parks, Recreation, and Active Transportation (PRAT) Plan, which states the City’s parks, recreation programs, facilities, and trails play a vital role in defining Bozeman as “the most livable place;” and WHEREAS, I-Ho Pomeroy was an outstanding community leader and City Commissioner who made significant civic contributions to the City and gave highly productive support to the Parks Department as a member of the Urban Parks and Forestry Board; and WHEREAS, The Bozeman Downtown Business Association has requested the park be named to honor the contributions and legacy of Commissioner Pomeroy; and WHEREAS, The Urban Parks and Forestry Board has recommended that the park be named I-Ho Pomeroy Peace Park; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That pursuant to Section 4710-116-MCA, N. Black Parking Lot Pocket Park, as described above and as shown on Exhibit A (attached), is hereby established as public parkland to be utilized by the citizens of the City of Bozeman, Montana pursuant to and consistent with various ordinances of the City of Bozeman. Section 2 That City of Bozeman staff shall take such steps as necessary to ensure a public record of this action is recorded with the Clerk and Recorder's office of Gallatin County, Montana, so that this Declaration of Parkland is known to all men and women as the will of the City Commission of the City of Bozeman, Montana. Section 3 That the N. Black Parking Lot Pocket Park be designated as “I-Ho Pomeroy Peace Park.” 141 Version February 2023 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________, 20____. ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 142 E MENDENHALL STN BLACK AVE E MENDENHALL STN BLACK AVE NORTH POCKET PARKSOUTH POCKET PARKBLACK PUBLIC PARKING LOTPRELIMINARY - FOR REVIEW FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION 106 EAST MENDENHALL STREET OVERALL SITE PLAN I-HO POMEROY PEACE PARK POCKET PARK AND PARKING LOT IMPROVEMENTS BOZEMAN, MONTANAC3.1CN/KP 24006.03_OVERALL_PROD.DWG DE/KA/TH 02-18-2025 SITE PLAN MOD 05-19-2025 - - - - - SITE PLAN MOD 2 - - - - - -- 24006_03010SCALE: 1" = 10'20510UULC143 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Director of Community Development SUBJECT:Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of M-1 on 4.24 Acres, the 113 Maus Lane Annexation, Application 25213 MEETING DATE:December 9, 2025 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Consider the Motions: Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 25213 and move to approve the 133 Maus Lane Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 25213 and move to approve the 133 Maus Lane Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The applicant and property owners seek to annex an existing parcel consisting of 4.24 acres plus adjacent rights-of-way into the City limits and establish an initial zoning of M-1, Light Manufacturing District. The property is currently zoned M-1, Light Manufacturing, within the County administered Gallatin County Bozeman Area Zoning District. The property has been used for a variety of uses over the years and hosts two structures. The warehouse building is served by a failed septic system. The lot is wholly surrounded by the city and is bounded by Montana Rail Link 144 to the northeast. The Future Land Use Map in the Bozeman Community Plan 2020 (BCP 2020) designates the property as “Industrial” which includes the M-1 district as implementing zoning districts. Adjacent municipal zoning includes M-2 and M-1 zoning. A previous owner of the subject property submitted application to annex this property which was considered by the City Commission on May 17, 2010. The Commission voted to accept the petition to annex the property subject to terms of annexation and contingencies for zoning. The property owner did not complete the required steps to finalize the process. See application A-10001 Williams Industrial Annex. The proposed annexation would bring in additional right of way to build out sections of Maus Lane upon future development of an additional internal local street network. The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on December 1, 2025. Finding the application met the review criteria for the establishment of M-1 zoning, the Commission voted (6:0) to recommend the Commission adopt the requested zoning. No comment was received ta the hearing. A full recording of the deliberations can be viewed at the following link. https://bozeman.granicus.com/player/clip/2607?view_id=1&redirect=true No public comment has been received on this application at the time of publication of this report. UNRESOLVED ISSUES:There are no identified conflicts on this application. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Attachments: 25213 Maus Ln Annex_ZMA CC.pdf Report compiled on: December 2, 2025 145 146 Page 1 of 39 25213 Staff Report for the Maus Lane Annexation and ZMA Public Hearings: Community Development Board (ZMA only) December 1, 2025 City Commission (Annexation and map amendment) December 9, 2025 Project Description: 113 Maus Lane Annexation requesting annexation of 4.24 acres and amendment of the City Zoning Map for the establishment of a zoning designation of M-1 (Light Manufacturing District), Application 25213. Project Location: Property addresses as 133 Maus Lane and more particularly described as Tract 20 of Gordon Mandeville State School Section Subdivision, Plat E-38, situated in the Southeast One-Quarter of Section 36, Township One South (T1S), Range Five East (R5E), P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval with terms of annexation and contingencies. Recommended Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 25213 and move to recommend approval of the 133 Maus Lane Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 25213 and move to approve the 133 Maus Lane Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 25213 and move to approve the 133 Maus Lane Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Report Date: November 24, 2025 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action - Legislative 147 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 2 of 39 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Community Development Board acting in their capacity as the Zoning Commission, as well as the annexation and the zoning amendment for the City Commission. The application materials are available on the City’s website in the laserfiche archive. The application was found adequate prior to the adoption of the 2025 Bozeman Land Use Plan. Therefore, review of the application follows the review process and criteria of the Bozeman Community Plan 2020 and review of the development code at that time. Unresolved Issues There are no identified conflicts on this application. Project Summary The applicant and property owners seek to annex an existing parcel consisting of 4.24 acres plus adjacent rights-of-way into the City limits and establish an initial zoning of M- 1, Light Manufacturing District. The property is currently zoned M-1, Light Manufacturing, within the County administered Gallatin County Bozeman Area Zoning District. The property has been used for a variety of uses over the years and hosts two structures. The warehouse building is served by a failed septic system. The lot is wholly surrounded by the city and is bounded by Montana Rail Link to the northeast. The Future Land Use Map in the Bozeman Community Plan 2020 (BCP 2020) designates the property as “Industrial” which includes the M-1 district as implementing zoning districts. Adjacent municipal zoning includes M-2 and M-1 zoning. A previous owner of the subject property submitted application to annex this property which was considered by the City Commission on May 17, 2010. The Commission voted to accept the petition to annex the property subject to terms of annexation and contingencies for zoning. The property owner did not complete the required steps to finalize the process. See application A-10001 Williams Industrial Annex. The proposed annexation would bring in additional right of way to build out sections of Maus Lane upon future development of an additional internal local street network. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. 148 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 3 of 39 References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on December 1, 2025. Finding the application met the review criteria for the establishment of M-1 zoning, the Commission voted (6:0) to recommend the Commission adopt the requested zoning. No comment was received at the hearing. A full recording of the deliberations can be viewed at the following link. https://bozeman.granicus.com/player/clip/2607?view_id=1&redirect=true No public comment has been received on this application at the time of publication of this report. Alternatives 1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 149 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 4 of 39 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................. 2 Unresolved Issues .............................................................................................. 2 Project Summary ................................................................................................ 2 Community Development Board (Zoning Commission) Summary .......................... 3 Alternatives ........................................................................................................ 3 SECTION 1 - MAP SERIES: ......................................................................................... 5 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................. 9 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ........... 12 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 12 Annexation ....................................................................................................... 12 Zone Map Amendment ...................................................................................... 13 SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS..................................... 13 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .................... 17 APPENDIX A - NOTICING AND PUBLIC COMMENT ................................................... 37 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ........................ 37 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ................................. 38 FISCAL EFFECTS .................................................................................................... 39 ATTACHMENTS ...................................................................................................... 39 150 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 5 of 39 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map 151 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 6 of 39 Map 2: Future Land Use Designation 152 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 7 of 39 Map 3: Current Zoning Map 153 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 8 of 39 Map 4: Proposed Zoning for Property 154 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 9 of 39 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “133 Maus Lane Annexation”. 2. An Annexation Map, titled “133 Maus Lane Annexation Map” with a legal description of the property and all adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office and must be submitted with the signed Annexation Agreement. 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. The landowners and their successors must pay all fire, street, water, and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. If they do not already exist, the applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to Maus Lane including lighting, signalization, paving, curb/gutter, sidewalk, shared use path and storm drainage. b. Street improvements to Lea Avenue including lighting, signalization, paving, curb/gutter, sidewalk, shared use path and storm drainage. c. Intersection improvements to Maus Lane and West Griffin Drive including lighting, signalization/channelization, paving, curb/gutter, sidewalk, shared use path and storm drainage. d. Intersection improvements to Maus Lane and West Griffin Drive including lighting, signalization/channelization, paving, curb/gutter, sidewalk, shared use path and storm drainage. e. 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 155 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 10 of 39 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. f. The applicant may obtain a copy of the template SID waiver from the City Engineering Department. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the applicant agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 6. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. d. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. e. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. f. The agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. 156 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 11 of 39 h. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 7. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 8. The applicant must contact the City’s Engineering Department to obtain an analysis of cash-in-lieu of water rights for the proposed annexation. The determined amount must be paid prior to the adoption of Resolution of Annexation, if applicable. 9. On-site Septic Abandonment. The applicant must properly abandon the existing on-site septic tank and leach field prior to connection to the City sanitary sewer system. The applicant must report the abandonment to the City Water and Sewer Superintendent for inspection, and the applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. 10. On-site Well Disconnect. The applicant must completely disconnect the on-site well from the house prior to connection to the City water system to protect the City’s system from cross contamination. The applicant must contact the City Water and Sewer Superintendent to inspect the disconnect prior to connection of water service from the house to the City water system. 11. City of Bozeman Resolution 2025-01- As presented in the application, Lot 20 of the Gordon Mandeville State Subdivision contains two (2) City stormwater drainage facilities. A public drainage easement must be provided over the existing stormwater infrastructure observed on-site. The easement must meet City standards for width and access. Please coordinate with the City Stormwater Division to confirm the pipe location, alignment, and diameter to determine appropriate easement boundaries and widths. 12. All final easements provided to the City must be stamped and signed by a professional surveyor. 157 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 12 of 39 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “133 Maus Lane Annexation Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 2. That the Ordinance for the Zone Map Amendment shall not be finalized until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void. 3. That the applicant must submit a Zone Amendment map, titled “133 Maus Lane Annexation Zone Map Amendment”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be rezoned, unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable mete and bounds legal description prepared by a licensed Montana surveyor. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for an annexation, the Development Review Committee (DRC) did not find any deficiencies that prohibit annexation at this time that could not be addressed through future development review processes and adopted City Codes. The City Commission will hold a public meeting on the annexation on December 9, 2025. The meeting will begin at 6 p.m. 158 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 13 of 39 Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff found the requested zoning meets standards for approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 25213. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application that cannot be addressed with adopted standards and requirements for future development. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on December 1, 2025, and will forward a recommendation to the City Commission on the zone map amendment. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. The City Commission will hold a public meeting on the zone map amendment on December 9, 2025. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. The City Commission will conduct a public hearing on the proposed Zone Map Amendment application. SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission shall consider the following: Commission Resolution No. 2025-07 Policies [External Link] Policy 1: Annexations must include dedication of all rights of way for collector and arterial streets, public water, sanitary sewer, or storm or sewer mains. When required, rights of way for anchor routes as recognized in the City’s adopted parks and trails plans, must be provided when such anchor routes are not located within the right of way for arterial or collector streets. Criterion met. There are no Collector or Arterial streets identified in the Bozeman Transportation Master Plan adjacent to this property. Maus Lane, which provides primary access to the site, currently exists as a 60-foot-wide public right of way. See Plat E-38, E-38B, E-38C, & E38F. It is clearly labeled as such on the zoning and annexation 159 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 14 of 39 exhibits. Through coordination with City engineering and storm water, it was determined that there is no existing City storm infrastructure along the northern boundary of the property. There is, however, a historical drainage path from the neighboring private storm water pond. An easement between the two private parties is provided for review in this application. An easement for the city stormwater facility through the middle of the site is also included. No Anchor routes are identified in the Parks, Recreation, and Active Transportation Plan (PROST) near or within the subject property. Policy 2: Annexations may be required to include dedication of rights of way for adjacent or internal local streets to complete street connectivity and provide required legal and physical access. Criterion met. Access is provided by Maus Lane and Lea Avenue, both are dedicated public streets that connect to Griffin Drive. Griffin Drive is Minor Arterial Street according to the Bozeman Transportation Plan. Maus Lane currently exists as a 60-foot-wide public right of way. See Plat E-38, E-38B, E- 38C, & E38F. Therefore, no additional right-of-way are required to serve the site. Additional internal streets may be required with development on site. Required internal streets will be captured with subsequent site plan and/or subdivision review. Policy 3: Annexations must include written waivers of a property owner’s right to protest the creation of special improvement districts necessary to provide essential services. The waivers must run with the land, be binding on the owner and owner’s successors in interest and be recorded concurrently with the annexation agreement. Criterion met. Waivers of the right to protest creation or improvement districts are accounted for in the terms of annexation. These include street and intersection improvements identified by the Engineering Department. See term of Annexation 5. Policy 4: The petition for annexation must be in conformance with the current Bozeman land use plan (growth policy). If a land use plan (growth policy) amendment is necessary for anticipated land uses, the land use plan amendment process must be completed prior to any action for approval of a petition for annexation. Criterion Met. The property is designated “In” on the future land use map. No growth policy amendment is required. The application includes a request for initial zoning of M- 1. See the zone map amendment section of this report for analysis of the zone map amendment criteria. 160 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 15 of 39 Policy 5: The City prefers petitions for annexation of land larger than five acres. However, the City will consider annexation of smaller areas of land when one or more of the following are present: topographic limitations; the land is served by one or more City utilities; septic system failure; extension and integration of transportation infrastructure; enhancement of the existing traffic circulation system or to provide for transportation systems that do not currently exist; annexation will make the City boundaries more regular; annexation will better incorporate unannexed property for the provision of City fire, police, and emergency services; or when annexation provides improved access to and maintenance of public facilities. Criterion met. The lot is 4.24 acres and 5.13 acres with the adjacent right-of-way. Further, annexation of the property will allow the city to require complete streets with subsequent development which will improve transportation infrastructure in the area. The property is a considered an “inholding” of unannexed property with the city limits. It has been a long-standing policy to encourage those properties that use city infrastructure and services for primary access to annex into the city and this action will better incorporate unannexed property for provision of City fire, police, and emergency service Finally, this annexation will create a more regular boundary by filling in a hole in the city’s Industrial designated area. Policy 6: The City will review infrastructure and emergency services available to an area proposed for annexation for the health, safety and welfare of the public and conformance with the City’s adopted plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may deny the petition for annexation. Alternatively, the City may require all property owners within the land to be annexed provide a written plan for accommodation of services at the expense of the property owner(s). The land to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. An existing 6-inch ductile iron water pipe is in Lea Avenue that terminates on the southeast of the subject property. Additional water supply is nearby with an 8-inch ductile iron water pipe in Maus Lane and a another 6-inch ductile iron water pipe in Old Buffalo Trail to the west. Wastewater collection bounds the property on three sides with ample capacity to serve the site. 161 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 16 of 39 Any future development will be required to connect to the City systems. The property is located adjacent to existing urban development that is currently served by Bozeman Fire. Per Term of Annexation 7, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Policy 7: The City may require annexation of any contiguous property for which City services are requested or for which City services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to record a consent to annexation of the property serviced by the City. The property is not currently provided City services. No emergency connection is requested. City services will be required to be provided concurrent with future development. Terms of Annexation 7 - 9 address connection to services. Policy 8: The City Manager may enter into an agreement with a property owner for an emergency connection to the City’s sanitary sewer or water system. In doing so, the property owner must submit a petition for annexation and file a notice of consent to annex with the Gallatin County Clerk and Recorder’s Office prior to connection to City utilities. The City will prepare the notice of consent to annex. The agreement for connection to City sewer or water must require the property owner to complete annexation or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Emergency connection is not being requested or required. Policy 9: The use of Part 46 annexations is preferred. This annexation is being processed under Part 46 provisions. Policy 10: Where a road improvement district has been created, annexation does not repeal the creation of the district. The City will not assume operations of a road improvement district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not absolve a landowner of the obligation to participate in general City programs that address the same subject. No road improvement district is associated with this application. 162 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 17 of 39 Policy 11: The City requires connection to and use of City utilities and services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal services. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development must be connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation but must be disconnected from any structure. Potable water must be supplied from the City water distribution system. The property owner must contact the City Water and Sewer Division to verify disconnection of wells and septic systems. An existing commercial structure is on the subject property which has an on-site well and septic system and will be required to sever the use of the on-site systems and connect to City water and sewer service. A term of annexation requires connection to municipal water and sewer implements this policy. In conjunction with future connection the septic system must be properly abandoned and the well disconnected from the domestic supply. Terms of Annexation 7 – 10 address these issues. Policy 12: All annexations must be contiguous with or wholly surrounded by the existing City boundary. The City Commission may agree to annex property that is not contiguous or wholly surrounded. If the land to be annexed is not contiguous to or wholly surrounded by the City, the reasoning and justification for annexation must be explicitly addressed within the petition and approved by the Commission prior to adoption of a Resolution of Annexation. This criterion is met. The property in question is contiguous to the City limits. Further, the property is wholly surrounded by city limits. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria 163 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 18 of 39 D). Therefore, to approve a zone map amendment the Commission must find Criteria A- D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Industrial. The Industrial designation description reads: 164 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 19 of 39 “This classification provides areas for manufacturing, warehousing, technology industries, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. Uses that would be harmed by industrial activities are discouraged from locating in these areas. Although use in these areas is intense, they are part of the larger community and standards for architecture and site design apply. in some circumstances, uses other than those typically considered industrial have been historically present in areas that were given an industrial designation in prior growth policies. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the M-1 district is an implementing district of the Industrial designation. Except from BCP2020 Future Land Use Map: In finding that this application meets criterion A, the analysis is cognizant that in many planning efforts and discussions over the decades, the Planning Board and City Commission have considered the various elements of the question of to grow or not grow and the consequences of either approach. After considering this question, they have concluded that having growth within the physical boundaries of Bozeman results in better outcomes than not. Therefore, the BCP 2020 approaches growth as something that overall is positive but recognizes that it does not come without drawbacks and that the community will change over time. The location of this property is unique due its central location to functioning light and heavy manufacturing district. Significant transportation corridors are nearby with access to the Intestate system. Alos, the property is centrally located in the city proper, it is close to other commercial, residential, and educational areas creating a symbiotic tapestry of uses. The property is currently zoned M-1 in the Gallatin County Bozeman Area Zoning District. The Couty M-1 zone mimics Bozeman’s M-1 zone. Industrial use will support the nearby North Park and Midtown Urban Renewal Districts. 165 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 20 of 39 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the city implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The applicant identified several goals and policies from the Bozeman Community Plan 2020 (BCP2020) in support of the M-1 zoning request. Staff generally concurs with the identified goals, there are few details describing how the proposed development will further the stated goals and objectives. Therefore, staff augments the record with the following analysis. R-2.3 Make good financial investments that have the potential for economic benefit to the investor and the broader community both through direct and indirect returns. Comment: The city has invested in infrastructure to serve this and adjacent properties to support economic activity as described in the BCP2020. Industrial activity generally adds base economic value compared to service industries which directly supports the community. The North Park and Midtown Urban Renewal Districts are nearby. These districts are tooled to maximize economic growth to reinvest in the community. Annexing and zoning property near supports synergies between a variety of business with access to multiple transportation systems. 166 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 21 of 39 R-2.8 Harmonize with Existing Activity: Expand, enhance, or leverage work being done to build on existing efforts. Comment: The city has invested in infrastructure to serve this and adjacent properties to support economic activity as described in the BCP2020. Industrial activity generally adds base economic value compared to service industries which directly supports the community. Further, the North Park development has invested considerable resources to install city services and rail connection just to the west. DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. Comment: The site is fully served by existing municipal services with no current commercial activity. Annexing the property will decommission the existing well and septic system, improving environmental health, and allow connection to city services which in turn, will enable the property to be utilized for light manufacturing. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. Comment: The subject property is well within the facility plan boundaries and the proposed M-1 zoning is consistent with the future land use map. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. Comment: The revised Annexation Policy, see Resolution 2025-007, clarifies required submittal requirements and process to annex property at a property owners’ discretion. As noted in Section 1 – Map Series, the property is wholly surrounded by the city and annexation will further several desired outcomes detailed in the City’s Annexation policy and BCP 2020 goals. Staff has identified additional goals furthered by this application. They include: Goal DCD-1: Support urban development within the City. Comment: The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation, then the requested M-1 zoning will not occur. RC-3.2 Work with Gallatin County to keep rural areas rural and maintain a clear edge to urban development that evolves as the City expands outwards. 167 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 22 of 39 Comment: Gallatin County adopted the Gallatin County/Bozeman Area Plan (GCBA Plan), a neighborhood plan under their growth policy, to identify County priorities for this area of the county. Implementing zoning was updated for the new neighborhood plan and is now in place. “The purposes of the [County] Growth Policy and the 2005 Bozeman Area Plan are to provide comprehensive, long-range guidance relative to the growth and development…” The annexation of inholdings will limit industrial developments encroaching into agricultural lands outside of the city limits. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. Goal N-4: Continue to encourage Bozeman’s sense of place. N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood character, and buildings that contribute to Bozeman’s sense of place through programs and policy led by both City and community efforts. The proposed amendment does not alter the zoning on any adjacent property and correspondingly the character of that adjacent property. As noted in other criteria in this report, the proposed amendment is consistent with the planned development of the area as industrial and commercial activity. While the application does not further all goals of the BCP 2020, taken as a whole, the application is supportive of and in accordance with, the BCP 2020. B. Secure safety from fire and other dangers. Criterion Met. The property can be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. There are two existing structures without services on the property. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. 168 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 23 of 39 Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.400.010 Streets, general Access for emergency services Transportation Master Plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, site plan, and building permit C. Promote public health, public safety, and general welfare. Criterion Met. See comments in Section 6, Criteria A, B and D. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to construction of homes which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced. Provision of parks, control of storm water, and other features of the City’s development standards advance the general welfare. Compliance with the BCP 2020 advances the well-being of the community as a whole. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 169 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 24 of 39 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and 170 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 25 of 39 development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” The application site is located well within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. Adequacy of all these public requirements is evaluated during the subdivision and site development process. All zoning districts in Bozeman enable a range of uses and intensities. At the time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. The future development of the area may require dedication and construction of additional streets, provision of parks, if required, extension of water and sewer services, and placement of easements for telecommunication, electric service, and similar dry utilities. As noted in Section 6, Criterion A, major transportation corridors are nearby and can serve the site. Paved streets serve the site. Redevelopment and further development are evaluated to ensure all minimum standards for the provision of transportation, water, sewerage, schools, parks and other public requirements are met. Any identified deficiencies must be corrected. No additional right-of-way for major streets is required. With future development proposals, the applicant must demonstrate not just possible but actual street networks and utility connections existing or to be constructed to support the intensity of development proposed. See also Section 6, Criterion F regarding transportation and Section 5, annexation Policies 8, 9, and 12. The criterion is met. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Sewer collection facilities Annexation for collector and arterial streets. 171 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 26 of 39 plan, Water facilities plan Subdivision or site plan for all others. 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan E. Reasonable provision of adequate light and air. Criterion Met. The M-1 zoning designation has requirements for setbacks, height, and lot coverage which provide for the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. Municipal Code Section and Title Subject Related Documents When standard is applied 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.520.060 On-site residential and commercial open space Private land open area requirements Site plan 172 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 27 of 39 F. The effect on motorized and non-motorized transportation systems. Neutral. The proposed zoning, while similar to the existing zoning, will allow the property to develop at a higher intensity than would otherwise be allowed in the County with the associated Department of Environmental Quality limitations for septic systems. The City conducts routine transportation monitoring, modeling, and planning to understand existing conditions and future needs of the transportation system. The 2017 Transportation Master Plan is the most recent transportation plan. Figure 2.5, Existing Major Street Network, shows North 7th Avenue as a Principal Arterial and Griffin Drive as an arterial street. Both Maus Lane and Lea Avenue are local streets. The entire frontage of Maus Lane adjacent to the subject property is within a dedicated 60-foot right-of-way dedicated with the original Gordon Mandeville State School subdivision, see Plat E-38. Lea Avenue on the other had was not dedicated with the subdivision nor does it front on the property to be annexed. Lea Avenue was created through subsequent subdivisions and was dedicated as a 40-foot right-of-way in 1978 through plat E-38-B and E-38-C. Further capacity expansion to the transportation network is planned although limited. Network capacity and expansion will be largely limited to multi-modal service and improvements to the stormwater management. Dedicated right-of-way existing for all access points, but the roadways are not fully constructed to meet modern Bozeman complete streets standards. Further development and redevelopment will likely trigger the developer to improve deficient components of the streets and may include off-site street improvements. These expected actions to implement the Transportation Master Plan will mitigate impact on the larger transportation network as the overall area develops. Not all of these expansions will be the responsibility of individual projects. The City has set minimum standards applicable to development to limit block length, ensure trail and sidewalk connections, and provide streets adequate to carry traffic projected from development. These standards are not applied at the time of the ZMA but are implemented during the subdivision and site plan processes required before any construction may begin. See also Section 6, Criterion D. Municipal Code Section and Title Subject Related Documents When standard is applied 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 173 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 28 of 39 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.420.110 Recreation Pathways Location and requirement to install. Park, Recreation, and Active Transportation Plan Annexation for Class 1 Trails easement. Subdivision or site plan for all else. The property has a Walk Score of 40, a transit score of 21, and a bike score of 53. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. The City recently upgraded pedestrian facilities along Griffin Drive and it is unknown whether those enhancements are reflected in the scoring. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. Prior to occupancy or other appropriate trigger, the applicant must show all applicable transportation systems are adequate to serve the proposed development and must meet minimum City standards. The Applicant has been advised of specific code provisions that will apply with future development proposals. 174 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 29 of 39 G. Promotion of compatible urban growth. Criterion Met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan P. 51) Individuals may have widely varying opinions about what constitutes compatibility. To address this wide variation of viewpoint, Compatible development and Compatible land use are defined in Article 38.7 BMC to establish a common reference for consideration of this criterion and application of development standards. They are defined as: “Compatible development. The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Compatible land use. A land use which may by virtue of the characteristics of its discernible outward effects exist in harmony with an adjoining land use of differing character. Effects often measured to determine compatibility include, but are not limited to, noise, odor, light and the presence of physical hazards such as combustible or explosive materials.” As noted in the definition of Compatible development, there are many elements that contributed to compatibility. The final sentence of the definition deserves emphasis “Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Compatible development can be different than what is already in place. The City has adopted a variety of standards to implement compatibility. The proposed M-1 is an industrial zone. As shown in the Section 1: Map Series, the property is central to a large industrially designated area with other like zoned property adjacent. Also, the existing zoning in the Gallatin County Bozeman Zoning District in the 175 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 30 of 39 County is M-1. The allowed uses for commercial, mixed-use, and industrial districts are set in Table 38.310.040 [External Link]. Other unannexed properties are nearby including a petroleum storage and distribution facility and an auto repair facility, both are zoned M-1 in the county. The form and intensity standards for commercial, mixed-use, and industrial are in Table 38.320.030 [External Link]. The intent of the M-1 light manufacturing district, 38.300.120.E, BMC, “ is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary.” The proposed amendment is associated with an annexation creating an incremental increase in the size of the City. As discussed in Section 6, Criterion A above, both the City’s and County’s growth policies expect this area to continue developing as an industrial area The City Commission has adopted standards to control development impacts and support compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s approach. “What combination of uses under what conditions can work well together? There is a wide range of possible answers for each community to consider. Some communities take a highly prescriptive worst-case view and try to restrain all possible points of perceived conflict. This tends to create a very homogenous community with little interest or scope for creativity. Bozeman takes a different approach. The worst case scenario is recognized as unlikely, but possible. Development standards deal with the majority of cases, while restraining extraordinary problems. The City creates standards under items 1 through 3; when one district is adjacent to another and is consistent with the growth policy, any physical conflicts will be minimal, if present at all. The City’s zoning policy encourages continued development of mixed uses. … The City uses the broad scope of its development standards to enable differing uses to be successful near each other. This shows on the zoning map where districts providing a wide diversity of uses are intermixed.” This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. 176 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 31 of 39 As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The BCP 2020 notes, “…when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” Staff concludes the proposed M-1 zoning is compatible with future land use map designation, the existing character of the area, and compatible with the broader area near the subject property. See also discussion for Section 6, Criteria A & H. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit H. Character of the district. Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited 177 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 32 of 39 to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains unaltered. Even though the criterion is most applicable to text amendments it still must be applied to consideration of zoning map amendments. The requested zoning meets the requirements of this criterion because it is the same as adjacent properties and is substantially similar to the existing County zoning designation of M-1 and promotes urban growth as called for in the BCP 2020. The proposed amendment only applies to the Applicant’s property and does not change what is or is not allowed on adjacent property. As noted above, the City Commission has discretion within the limits of the State established criteria in considering the location and geographical extents of a zoning district. Implementation of zoning must also be in accordance with the adopted growth policy. As noted in Section 6, Criterion A, the City policy calls for a diverse and densifying land use pattern. See discussion in Section 6, Criterion A. The BCP 2020 includes several objectives applicable to this criterion. These are: ▪ DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. ▪ DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. ▪ EE-1.6 Update the zoning map to correct deficiencies identified in the annual land use inventory report. ▪ EE-2.1 Ensure the future land use map contains adequate areas of land for anticipated diverse users. Application of any municipal zoning district to the subject property and subsequent development will alter the existing largely undeveloped character of the subject property. In this case the expected evolution of character will minimal and gradual because the existing zoning is also M-1 and the primary impediment to development is lack of water and sewer service to accommodate development. Adjacent municipal zoning includes M-1 and M-2, two of the City’s primary industrial zones with access to significant transportation facilities to support commercial activity. Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The BCP 2020 notes, 178 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 33 of 39 “…when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request, there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” See Section 6, Criterion A above for discussion about the application and growth policy and anticipated change to the character of the area. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. To date, the City of Bozeman has not defined a specific area outside of the area itself to be rezoned for consideration of this criterion. A review of the existing uses within a quarter mile radius of the amendment site shows five zoning districts. They include M-1, M-2, B-2, PLI, and M-1 in the County. All these districts can be compatible with one another. Page 77 of the BCP 2020 describing review of zoning map amendments states “When evaluating compliance with criteria, it is appropriate to consider all the options allowed by the requested district and not only what the present applicant describes as their intensions.” When evaluating compatibility between zoning districts, Staff considers the full range of allowable uses, not only what is built now or proposed by a specific project. The maps in Section 1, all the municipally zoned areas in the immediate vicinity are in the upper range of zoning district intensity. This is consistent with the City’s previous and current growth policy and infrastructure planning. The character of the larger area is stable fostering industrial and commercial activity. Table 4 of the BCP 2020, see Section 6, Criterion A above, identifies the implementing zoning districts of the Industrial future land use category. This category allows for zoning 179 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 34 of 39 districts that authorize a range of possible future development. There are no zoning districts which are limited to only one type of development. All zoning districts implementing the Industrial category provide for a range of building typologies and uses. As noted in this report, the BCP 2020 calls for evaluation of the entire range of uses in zoning districts when evaluating criteria for zoning amendments. Evaluation of this situation is guided by the growth policy. On page 76 of the BCP 2020 under discussion of application of this zoning criteria says: “Second, when considering an amendment to the zoning map both the actual and possible built environment are evaluated. If the amendment is accompanying an annexation request, there is often a substantial change in use that will occur. In this case, the Commission must look at what the growth policy recommends for the area, as there is less built context to provide guidance.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in M-1 to be compatible with adjacent development and uphold the industrial and commercial character in an area. The standards adopted by the City prevent physically dangerous spillover effects. An example is the capture, treatment and discharge controls from additional storm water runoff as additional impervious surfaces are built. Required setbacks from property lines, landscaping requirements, and similar site and building standards address character and compatibility. These and other standards carry out the intent and purpose of the City’s land development standards in Chapter 38 of the municipal code. Sec. 38.100.040. - Intent and purpose of chapter. A. The intent of this unified development chapter is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law. Zoning does not prohibit change but provides a structure within which change can occur. Such changes include modifications to both the text and zoning map. Such amendments are authorized in the zoning enabling act for municipalities. Landowners have both property rights and responsibilities. The City has adopted development standards to ensure that responsibilities are met while landowners exercise their property rights. The City has not chosen, and is not required, to adopt standards for all issues. For example, 180 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 35 of 39 standards have not been adopted regarding preservation of view sheds or extra separation of buildings from unannexed property. Finally, Theme 7 of the BCP 2020 includes this statement: “RC-3.2 Work with Gallatin County to keep rural areas rural and maintain a clear edge to urban development that evolves as the City expands outwards.” This objective describes the situation now under review. The City is expanding outwards by annexation. Gallatin County has identified this area as a growth area in its land use planning documents. Staff concludes that M-1 is not significantly or detrimental from or to the surrounding zoning is compatible urban growth called for in the growth policy. See also discussion for Section 6, Criteria A, G, and F. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit I. Peculiar suitability for particular uses. Criterion met. The proposed amendment does not modify the existing standards of the M-1 districts. The current zoning is M-1 under the Gallatin County Bozeman Area Zoning District which was originally created and administered by the City/County Planning Board and are similar in use a, intensity, and general standards. Further, adjacent zoning 181 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 36 of 39 and uses are similar and supportive of additional M-1 zones. Therefore, the impact of the amendment is limited to this application site. The property is generally flat. There are no known water courses, wetlands, agricultural water user facilities, or other natural features that might impede development. Unlike many areas in the city, groundwater in the area is deeper and unlikely to require substantial mitigation efforts for construction of budlings. The property is within the City’s planning area for land use and utility extensions. Municipal utilities and emergency services can be extended to the area. Therefore, M-1 uses are suitable for the subject property. J. Conserving the value of buildings. Neutral. The proposed amendment does not modify the existing standards of the M-1 district. M-1 is manufacturing and commercial in nature and allow a variety of building mass and scales, function, with limited residential uses permitted by right. The Future Land Use and zoning surrounding the property is industrial in nature. Future development is not known at this juncture and will emerge with future development applications. The permitted uses must conform to the adopted zoning. Adjacent rights-of-way separate this property from adjacent property and will act as a buffer to the existing developments. The location of amenities that may increase the value of buildings such as parks, open space, trails, and value-added assets is undermined. Any new structures at the site will be required to meet setback and other protective requirements set forth in the Bozeman Municipal Code. Compliance will alleviate potential negative impacts to the value of surrounding buildings and properties. As described in earlier criteria, the proposed zoning is compatible with existing buildings on adjacent properties and does not create any new situations not in compliance with municipal code. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 182 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 37 of 39 38.600 Natural Resource Protection Protect watercourses and wetlands FEMA Floodplain study Subdivision, site plan review, building permit K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed M-1 zoning designation will encourage the most appropriate use of land as the property is adjacent is industrial and commercial in use. There is access to the city’s services, including streets, thus can support a higher intensity of uses as allowed within the M-1 zoning district. Furthermore, the proposed M-1 zoning designation is consistent with the BCP 2020 future land use map designation of “Industrial”. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on November 8 and 15, 2025. The notice was posted on site and notices mailed by the applicant as required by 38.220 and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. No public comment has been received on this application as of the production of this report. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Industrial” in the Bozeman Community Plan 2020. “This classifcation provides areas for manufacturing, warehousing, technology industries, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. Uses that would be harmed by industrial activities are discouraged from locating in these areas. Although use in these areas is intense, they are part of the larger community and standards for architecture and site design apply. in some circumstances, uses other than those typically considered industrial have been historically present in areas that were given an industrial designation in prior growth policies. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony.” 183 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 38 of 39 Proposed Zoning Designation and Land Uses: The applicant has requested zoning of M-1, Light Manufacturing District. The intent of the M-1 district is: Light manufacturing district (M-1). The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary. APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Richard Mari, 705 Circle F Trail, Bozeman, MT 59718 184 Staff Report for the Maus Lane Annexation and ZMA, Application 25213 Page 39 of 39 Applicant: Morrison Maierle, 2880 Technology Blvd., Bozeman, MT 59715 Representative: Morrison Maierle, 2880 Technology Blvd., Bozeman, MT 59715 Report By: Tom Rogers, Senior Planner, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. The application materials can also be viewed online by clicking the following web link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=299734&dbid=0&repo=BOZEMAN 185 Memorandum REPORT TO:City Commission FROM:Stephen Bodell, Budget Analyst Jonathon O'Dougherty, Budget Analyst Kaitlin Johnson, Budget Manager Melissa Hodnett, Finance Director SUBJECT:Fiscal Years (FY) 2027-31 Recommended Capital Improvements Plan MEETING DATE:December 9, 2025 AGENDA ITEM TYPE:Finance RECOMMENDATION:Work session and discussion, no action required 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:We are proud to present the City of Bozeman 2027 - 2031 Recommended Capital Improvement Plan (CIP). This five-year Capital Improvement Plan (CIP) is a commitment to improving and maintaining the City of Bozeman’s infrastructure, facilities, parks, and roads to aid in the vision of Bozeman being the most livable place. The CIP includes any planned expenditure of $25,000 or greater that results in the acquisition of an asset with a useful life of three years or more, or master planning efforts that inform the CIP. Historically the City adopted the CIP in December each year. This cycle we are planning to shift adoption to March 2026. This revised timeline aligns CIP adoption with the biennial budget process, which concludes with budget adoption next June. By synchronizing these processes, we’ll be able to incorporate updated financial models, revised revenue projections, current cost escalations, and the broader direction that emerges during the budget development period. City staff have prepared this draft CIP thoughtfully and collaboratively as our best plan at this point in time. Over the next few months, as we refine assumptions, update financial models, and continue aligning with the biennial budget process, we expect to make some modifications so that the CIP that is even more tightly connected to the City Commission’s priorities and the City’s fiscal outlook. This work session is the City Commission’s initial opportunity to provide feedback on the recommended CIP. 186 The draft CIP is available online here: https://www.bozeman.net/departments/finance/budget-and-financial- reports UNRESOLVED ISSUES:Capital purchases and infrastructure investments are planned through a multi-stage process, with the recommended CIP functioning as one of the initial steps. The CIP provides a framework for future budget decisions but does not, on its own, authorize or guarantee funding for any project. During budget development, departments will identify operational requirements and associated revenue needs beyond those reflected in the capital plan. Additional financial modeling will be undertaken to align project timing, debt financing, and rate or assessment impacts. Projects will proceed only when sufficient funding has been approved. ALTERNATIVES:N/A FISCAL EFFECTS:The City's Capital Improvement Plan is a mid-range plan adopted annually which identifies five years plus of capital infrastructure projects, equipment purchases, and other capital purchases that have been identified to maintain or improve City services. The CIP is a planning document and will be used as a guide for future budgetary proposals, but it does not guarantee funding for any specific project or commit the City to future purchases. More extensive financial models and potential rate impacts will be analyzed during the budget development process. Report compiled on: November 24, 2025 187 July 22, 2025 Brian Heaston – Senior Engineer City of Bozeman 20 E. Olive St. Bozeman, MT 59771 bheaston@bozeman.net Re: Bozeman WRF Upgrade – Contractor’s Application for Payment No. 1 Dear Brian: AE2S recommends Payment to The Third Element, Inc for the payment requested in Pay Application No.1. Pay Application 1 covers receipt of approval of shop drawings and samples. Please find payment summaries listed in the tables below. Table 1: Current Payment Due - Application for Payment No. 1.: Pay App Amount Due to Contractor Total Contact Amount TOTAL No. 1 $45,171.46 $475,489 $45,171.46 Table 2: Payment History None We sincerely appreciate the opportunity to provide professional engineering services to the City of Bozeman. Should you have any questions or concerns, please do not hesitate to contact us. Sincerely, James Sletten, PM – I&C Senior Specialist Encl.: Bozeman WRF MCC Upgrade: Contractor’s Application for Payment No. 1 Docusign Envelope ID: D45CFB96-A3FB-436F-A05F-6BDDF3368489 110188 July 22, 2025 $ 45,171.46 620-5610-445.80-20; WW121 $45,171.46 Docusign Envelope ID: D45CFB96-A3FB-436F-A05F-6BDDF3368489 111189 Docusign Envelope ID: D45CFB96-A3FB-436F-A05F-6BDDF3368489 112190